HomeMy WebLinkAboutMUP 96-09PROJECT SUMMARY SH
FILE NO, MUP 96-09
PROJECT TYPE: Minor Use P erm i t
APPLICANT: D e b o r a h W i 11 s e y; 15544 Nopel Ave. , Forest Ranch, CA 95942
ADDRESS:
OWNER: Same
ADDRESS:
REPRESENTATIVE: None
ADDRESS:
PROJECT DESCRIPTION: Minor Use Permit for a licensed day care center for no more than 12 children.
PROPERTY ZONED: R-1 LOCATED: at 15544 Nopel Ave, approximately 400 ft. north of Higlway 32, 1-czti';<-,
Forrest Ranch
AP NO.: 063-150-018 TOWN/AREA:
Forest Ranchh
GENERAL PLAN DESIGNATION: Low Density Residential
1.
Application Complete: 2/12/96 Amount:
$1288.00
Receipt No.: 15256
2.
Comments sent to: EHDI Sheriff/ DSD/ Planning
Manager/ PW/ CDF
3.
Comments recelvedfrom:_ln Flt's die ��..
Py��ic lJoc-IC�
. S��•i-�''. �lc� QQr\a4cc—
C
Rezone Petition Signatures Checked:
S.
Mailing Ust/Lead�-In Sheet:
6.
Assigned To: 3S:b
7.
Environmental Determination:
Categorical Exemption-CEQA# 3
State Clearinghouse No.: N
Negative Declaration
Mitigated Negative Declaration
Subject to Fish & Game:_
Environmental Impact Report
Gen. Rule Ex. -CEQA #15061.(bx3)
Other
8.
Staff Report: Project Video:U-0
9.
Clearinghouse circulation required: Yes No
Date Sent to SCH:
10:
Publication Notice Written:
Display Ad Prepared:
11.
Notices Mailed:
Number of Notices:
12.
Newsp er Publlcation�p te:
O C P G B R
13.
Planning Commlaston Hearing(s): //—
��
Action taken:
Special Conditions:
Commission Resolution No.
14. Board of Supervisors' Hearing(s):
Action taken:
Board Resolution No.: Ordinance No.: Adopted:
15. Type Use Permit/Send for Signature:
0
16. N. O.EJN.O.DJAPPENDIX G: Fish $ Game Fees Paid: Yes No
17. Send validated Use Permit:
16. Assessor's Memo: � f-11 0
' _ _
19. Copy of Use PermiWarlance to Planning Technician:
r
Debra Willsey - (Item determined to be categorically exempt from environmental
review) Minor Use Permit to allow a licensed day care centerforno more than 1.2
children on property zoned R-1 (residential) located at 15544 Nopel Avenue,
identified as AP 063-150-018, Forest Ranch. (SB) (MUP 96-09)
Mr. Hogan said staff, County Counsel, Ms. Willsey, and her neighbors met this morning to
settle their problems with this project. He said they have reached a resolution or have the
means to resolve any concerns the neighbors may have. He stated at the Manager's
meeting the neighbors objected to the expanded use because of traffic and noise. He said
everyone has come to a decision to ask this proposal be approved. He said the neighbors
went home. He said Environmental Health is preempted by State law from requiring
modification of a septic. He noted letter from State Department of Social Services asking
for approval.
The hearing was opened to the public.
Deborah Willsey said a lot of the problems have been resolved. She discussed the
difficulty she thought she had going through the process and that it was discouraging.
Coleen Jarvis, Social Services, said they had a good meeting this morning and she was
in favor of this permit.
The hearing was closed.
Mr. Hogan recommended approval of this project. He requested that the Commission
direct staff to work with Valley Oak to improve the process for Large Day Care centers.
It was moved by Commissioner Nelson, seconded by Commissioner Cage, and
unanimously carried to approve the Minor Use Permit subject to the findings and conditions
listed in Exhibit A. as follows:
Section 1: Environmental Findings.
A. This application for a Minor Use Permit to allow a large day care center is
Categorically Exempt from environmental review; and
Section 2: Zoning Ordinance Findings.
A. The .proposed location, size, design, and operating characteristics of the
proposed use is in accordance with the purpose of Chapter 24 of the Butte
County Code, the purpose of the zone in which the site is located, the Butte
County General Plan, and the development policies and standards of the
County; and
BUTTE`..COUNTY PLANNING COMMISSION MINUTES April 11, 1996 _ ."
Debra Willsey - (Item determined to be categorically exempt from environmental
- review) Minor Use Permit to allow a licensed day care center for no more than 12
children on property zoned R-1 (residential) located at 15544 Nopel Avenue,
identified as AP 063-150-018, Forest Ranch. (SB) (MUP 96-09)
Mr. Hogan said staff, County Counsel, Ms. Willsey, and her neighbors met this morning to
settle their problems with this project. He said they have reached a resolution or have the
means to resolve any concerns the neighbors may have. He stated at the Manager's
meeting the neighbors objected to the expanded use because of traffic and noise. He said
everyone has come to a decision to ask this proposal be approved. He said the neighbors
went home. He said Environmental Health is preempted by State law from requiring
modification of a septic. He noted letter from State Department of Social Services asking
for approval.
The hearing was opened to the public.
Deborah Willsey said a lot of the problems have been resolved. She discussed the
difficulty she thought she had going through the process and that it was discouraging.
Coleen Jarvis, Social Services, said they had a good meeting this morning and she was
in favor of this permit.
The hearing was closed.
Mr. Hogan recommended approval of this project. He requested that the Commission
direct staff to work with Valley Oak to improve the process for Large Day Care centers.
It was moved by Commissioner Nelson, seconded by Commissioner Cage, and
unanimously carried to approve the Minor Use Permit subject to the findings and conditions
listed in Exhibit A. as follows:
Section 1: Environmental Findings.
A. This application for a Minor Use Permit to allow a large day care center is
Categorically Exempt from environmental review; and
Section 2: Zoning Ordinance Findings.
A. The .proposed location, size, design, and operating characteristics of the
proposed use is in accordance with the purpose of Chapter 24 of the Butte
County Code, the purpose of the zone in which the site is located, the Butte
County General Plan, and the development policies and standards of the
County; and
BUTTW..COUNTY PLANNING -COMMISSION MINUTES - April 11, 1996 }
f
B. The proposed 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;
2. The availability of public facilities, services and utilities;
3. The harmful effect, if any, upon desirable neighborhood character,
4. The generation of traffic and the capacity and physical character of
surrounding streets;
5. The suitability of the site for the type and intensity of use or
development which is proposed;
6. Any other relevant impact of the proposed use.
C. The proposed location, size, design, and operating characteristics of the
proposed use and the conditions under which it will be operated or
maintained will not be detrimental to the public health, safety and general
welfare, or materially injurious to properties or improvements in the vicinity;
and
D. The proposed use will comply with each of the applicable provisions of
Chapter 24, Section 265, of the Butte County Code.
Section 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, Minor
Use Permit for Deborah Willsey on APN 063-150-018 to allow a large day
care center is approved subject to the conditions listed herein.
B. 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 and only as to those
conditions or requirements recommended by their respective departments.
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.
C. Conditions of Approval:
1. The facility is a single-family residence that is the principal residence of the
provider and the use is clearly incidental and secondary to the use of the
property for residential purposes.
BUTTE.COUNTY PLANNING COMMISSION MINUTES - April 11, 1996
0
2. In additioW6 providing the required number of parking spaces for the
residential use, one off-street parking space for each employee of the facility
and one off-street parking space\loading area shall be provided. The
driveway area may be used to meet this requirement.
3. One non -illuminated sign, not to exceed 3 square feet in area and four feet
in height, shall be allowed.
4. The Large Family day care home shall be licensed by the California
Department of Social Services, Community Care Licensing.
5. Meet all State Fire Marshall regulations pertaining to Large Family day care
facilities.
6. Building identification and/or addresses shall be installed in conformance
with Public Resources Code 4290 and shall be posted at the beginning of
building construction and maintained continuously thereafter.
7. Provide an all weather access to all structures, which is designed to carry a
40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical
clearance.
8. Construct a concrete driveway approach to County Standards behind
existing curb and gutter.
9. Meet the requirements of the Butte County Environmental Health
Department for minimum sewage disposal system requirements.
10. Applicant must also comply with all other applicable State and local statutes,
ordinances, and regulations.
It was moved by Commissioner Nelson, seconded by Commissioner Cage, and
unanimously carried to direct staff to work- with Valley Oak to streamline the Large -Day
Care process. I
BUTTW.COUNTY PLANNING COMMISSION MINUTES - April 11, 1996
• •
MEMORANDUM
TO: Honorable Chair and Planning Com ussion
FROM: Barry K. Hogan, Planning Manager .
SUBJECT: MUP 96-09 - Minor Use Permit f r a borah Willsey on
day care AenNersor no more
A request for a Minor Use Permit
than 12 children on property zoned R-1 (Low Density Residential), located
at 15544 Nopel Avenue, approximately 400 feet north of Highway 32, Forest
Ranch. This project is located in Supervisorial District 3.
DATE: March 28, 1996
SUMMARY: This project came before the Planning a residential IotManager on a There were two people
rch 25 for consideration
of approval with conditions of a family day care
present at the hearing,, Mr. and Mrs. Hansonell as Mar aret Gunnell submitted tted letters
neighbors to the site in question. The
applicant was not present. The Hansons, as 9
in objection to the application due,to increase traffic, noise, and incompatibility with the
e to be deveoped wich
character of the neighborhood. Although conditions as felt that simay be nce the appl clant washnot
would meet the concerns of the two neighbors it w lication and direct that a full
present that the best course of action would be to deny the app
hearing be held by the Planning Commission.
We have had conversations with the applicant and ttaccept blewith
toher
all parties
neighbors to see if conditions could be developed that would be
involved. At the time of this memorandum no meeting has been held.
RECOMMENDATION: It is recommended that the Planning Commission open the public
hearing, take testimony pro and con, and
1. If there does not appear to be a reasonable opportunity to resolve the neighborhood
concerns with conditions of approval acceptable to all parties, deny the Minor Use
Permit based upon incompatibility with the character of the neighborhood;
or
2. If there app opportunity to resolve the neighborhood
ears to be a reasonable opp ty
concerns with conditions of approval acceptable to all parties, direct staff to work
with the applicant and the neighborhood to come up with an acceptable set
of
conditions to all parties and come back to the Commission in 2 weeks for app
k:\projects\willsey.mup\willsey.mem
# Butte County # Department of Development Services # Planning Division #
0 0
BUTTE COUNTY PLANNING SERVICES MEETING
MINUTES - September 11, 1995
The meeting was called to order at 10:08 a.m. in the 7 County Center Drive Conference Room, Oroville, CA.
Present: Barry Hogan, Planning Manager, Lynn Richardson, Record Secretary
Also Present: Mr. and Mrs. Hansen
ITEM FOR CONSIDERATION
A. Deborah Willsey - (Item determined to be categorically exempt from environmental review) Minor
Use Permit to allow a licensed day care center for no more than 12 children on property zoned R-1
(Residential) located at 15544 Nopel Avenue, identified as AP 063-150-018, Forest Ranch.
Mr. Hogan called the meeting to order noting that the applicant had been notified, but was not present. Mr.
Hogan said to let the record show that Mr. and Mrs. Hanson were in attendance and had also submitted a
letter in opposition to this permit. He said the staff report has been prepared and recommends approval. He
said the State exempts all local jurisdictions if the care home is for six or less. He said over six and the
County has to go though the hearing process. He said this action will go forward to the Planning Commission.
If the recommendation is for approval, this item will be placed on the Planning Commission Consent Agenda.
The Planning Commission can pull the item if there is objections and set a public hearing. Mr. Hogan noted
another letter received from Margaret Gunnell in opposition due to noise and the use not being compatible
with the area. Mr. Hogan said he was inclined to deny this request and advertise and notice a full hearing at
the Planning Commission rather than putting this on the Consent Agenda. He read the findings the
Commission would have to make, from the Agenda Report, to approve this project.
Mr. Hogan said based upon testimony, in writing,and that the findings can not be made to approve this
request, that the request is not compatible with the neighborhood based on noise from children outdoors, deny
the request and direct it be scheduled at the Planning Commission and that the applicant and neighbors be
notified.
Mr. Hansen said the number of children is a factor, that the more children the greater the noise. He said traffic
and parking is also a problem with a larger number of children. Mr. Hanson said there are more than 6
children at the day care now.
Mr. Hogan said staff will investigate to see if the applicant is in violation of the zone and will notify the applicant
to abate the violation.
II. ADJOURNMENT
Thepeeting was adjourned at 10:20 a.m.
F&
repared by Lynn, Butte County Records Secretary.
BUTTE COUNTY PLANNING SERVICES MEETING # MINUTES # PAGE 1
AGENDA ITEM
AGENDA REPORT
TO: Barry K. Hogan, Planning Manager
FROM: Stephen Betts, Assistant Planner
DATE: March 11, 1996
REQUEST: File # MUP 96-09 - Minor Use Permit for Deborah Willsey on APN 063-150-018:
A request for a Minor Use Permit for a licensed day care center for no more than
12 children on property zoned R-1 (Low Density Residential), located at 15544
Nopel Ave, approximately 400 feet north of Highway 32, Forest Ranch. This
project is located in Supervisorial District 3.
RELATED
ITEMS: None
FOR: Planning Commission Meeting of April 11, 1996
ABSTRACT: This request is for a Minor Use Permit for a licensed day care center for no more than 12
children. The proposal conforms to the zoning and the General Plan. No significant impacts will occur
as a result of this project. Staff recommends approval of this application.
PROJECT CHARACTERISTICS: This request is for a Minor Use Permit to allow a licensed day care
center for no more than 12 children. Butte County Code 24-120.E.1 states that a minor use permit is
required in a R-1 zone for large day care centers having between 7 but no more than 12 children. The
project site is a .6 acre (24,400 sq. ft.) parcel and is zoned R-1. A small day care center is currently
operated out of a single-family residence on the project site. The Land Use Element of the Butte County
General Plan designates the property as Low -Density Residential. A 1,550 sq. ft. home occupies the site.
Domestic water for the project site is obtained from a community well. An on-site septic tank and
leachfield system handles sewage disposal for the residence. Surrounding parcels are zoned R-1, TM -1,
and N -C and have a General Plan designation of Low -Density Residential. Surrounding parcels range
in size from .34 to 1.7 acres and the land use is mountain -residential. There are no other large day care
center facilities located within 500 feet driving distance from the project site.
ANALYSIS: This project will allow a large day care center in a R-1 zone. A small day care center (6 or
less children) is currently operated out of the project site. The increase in the number of children will not
significantly impact the neighborhood. The house is located approximately 100 feet off of Nopel Ave so
there will not be any vehicles stopping on Nopel Ave. There is plenty of off-street parking for the day care
center employees as well as for parents dropping off/picking up their children. There will be an increase
in the amount of sewage flowing into the on-site septic system. The Butte County Environmental Health
Department has stated that the.septic system must meet the requirements of the Environmental Health
Department for minimum sewage disposal system requirements. The Butte County Fire Department has
stated that building identification and or/addresses shall be installed and maintained in conformance with
PRC 4290 and provide all weather access to all structures, which is designed to carry a 40,000 pound
fire apparatus at least 10 feet wide with a 15 foot vertical clearance. The Butte County Department of
Public Works has stated that a concrete driveway approach meeting County Standards be constructed
■ Butte County Department of Development Services ■ Planning Division ■
AGENDA ITEM
behind the existing curb and gutter in order to handle the increase in vehicle traffic.
There will be an increase in the number of vehicle trips on Nopel Ave due to this project. One person who
does not live at the residence will be employed. The change from a small day care home to a large day
care home will increase the number of vehicle trips generated due to the day care facility from
approximately 12 to approximately 26. This increase will not cause any significant impacts to Nopel Ave.
or to the intersection of Nopel Ave. and Hwy. 32.
This request is consistent with the intent and requirements of Section 24-265 of the Butte County Code.
Upon review of this licensed day care application, staff has determined that the proposed day care will
not significantly impair the integrity of the zone in which it lies, nor will it be detrimental to the health, safety,
and welfare of the intended occupants or the immediate neighborhood.
ENVIRONMENTAL DOCUMENTATION: This application has been determined to be categorically
exempt from the provisions of CEQA under a Class 3 exemption.
PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be held. Notices of
the hearing will be mailed to the nearest 10 property owners.
RECOMMENDATION: Staff recommends that the Planning Commission approve the Minor Use Permit
for Deborah Willsey on APN 063-150-018, File # MUP 96-09, subject to the findings and conditions listed
in Exhibit A.
Exhibits: A. Conditions of Approval
Attachments: A. Vicinity Map
B. Site Plan
k:\projects\willsey.mup\willsey.rpt
■ Butte County Department of Development Services ■ Planning Division ■
2
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EXHIBIT A
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
E
DATE: (Certified Mail Receipt)
MUP 96-09
PERMIT NO.
063-150-018
ASSESSOR'S PARCEL NUMBER
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set
forth below: Deborah Willsey is hereby granted a Minor Use Permit in accordance with the application
filed Feb. 13, 1996, to allow a large day care center on property zoned R-1 located at 15544 Nopel Ave.,
Forest Ranch.
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. 24-45.65.
2. Unless otherwise provided for in a special condition to this use permit, all conditions must
be completed by the Permittee within 12 months of the delivery of the countersigned permit
to the Permittee.
3. If any use for which a 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. 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.
FINDINGS:
Section 1: Environmental Findings.
A. This application for a Minor Use Permit to allow a large day care center is Categorically
Exempt from environmental review; and
Section 2: Zoning Ordinance Findings.
A. The proposed location, size, design, and operating characteristics of the proposed use is
in accordance with the purpose of Chapter 24 of the Butte County Code, the purpose of
the zone in which the site is located, the Butte County General Plan, and the development
■ Butte County Department of Development Services ■ Planning Division ■
3
AGENDA ITEM
policies and standards of the County; and
B. The proposed 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;
2. The availability of public facilities, services and utilities;
3. The harmful effect, if any, upon desirable neighborhood character;
4. The generation of traffic and the capacity and physical character of surrounding
streets;
5. The suitability of the site for the type and intensity of use or development which is
proposed;
6. Any other relevant impact of the proposed use.
C. The proposed location, size, design, and operating characteristics of the proposed use and
the conditions under which it will be operated or maintained will not be detrimental to the
public health, safety and general welfare, or materially injurious to properties or
improvements in the vicinity; and
D. The proposed use will comply with each of the applicable provisions of Chapter 24, Section
265, of the Butte County Code.
Section 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, Minor Use Permit
for Deborah Willsey on APN 063-150-018 to allow a large day care center is approved
subject to the conditions listed herein.
B. 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 and only as to those conditions or requirements recommended
by their respective departments. 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.
C. Conditions of Approval:
The facility is a single-family residence that is the principal residence of the provider and
the use is clearly incidental and secondary to the use of the property for residential
purposes. -
2. In addition to providing the required number of parking spaces for the residential use, one
off-street parking space for each employee of the facility and one off-street parking
space\loading area shall be provided. The driveway area may be used to meet this
requirement.
■ Butte County Department of Development Services ■ Planning Division ■
4
•
E
AGENDA ITEM
3. One non -illuminated sign, not to exceed 3 square feet in area and four feet in height, shall
be allowed.
4. The Large Family day care home shall be licensed by the California Department of Social
Services, Community Care Licensing.
5. Meet all State Fire Marshall regulations pertaining to Large Family day care facilities.
6. Building identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted at the beginning of building construction and
maintained continuously thereafter.
7. Provide an all weather access to all structures, which is designed to carry a 40,000 pound
fire apparatus at least 10 feet wide with a 15 foot vertical clearance.
8. Construct a concrete driveway approach to County Standards behind existing curb and
gutter.
9. Meet the requirements of the Butte County Environmental Health Department for minimum
sewage disposal system requirements.
10. Applicant must also comply with all other applicable State and local statutes, ordinances,
and regulations.
NOTE: Issuance of this permit does not waive the requirement of obtaining Building Division and
Environmental Health Division permits before starting construction, nor does it waive any other
requirements of federal, state, and local law.
Butte County Planning Commission Chairman
cc: Land Development Division
Building Division
Environmental Health Division
California Department of Forestry
■ Butte County Department of Development Services ■ Planning Division ■
61
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BUTTE COUNTY PLANNING COMMISSION
I.- Applicant: Deborah Willsey I Owner: Same
.Hearing Date: April 11, 1996 @ 9:00 a.m. I Existing Zone: R-1 (Residential)
Request: Minor Use Permit to allow a licensed day care center for no more than 12 children.
N
No Scale
1 I Assessor Parcel No: 063-150-018 1 File: 96-09 1
4y
DEPARTNt, NT OF DEVELOPMI`g,,T SERVICES
BUTTI'I
OUNTY UNIFORM-APPCATION
APPLICANT: Agent information to be orovided is on other side: M waw—
APPLICANT'S NAME. If applicant is different from owner an affidavit is required ASSESSOR'S PARCEL NUMBER:
-15-0— 0 L?
ADDPY-tS: CITY. STATE & 23P CODE
AN -P,4 ivc Tb- �LWAIPC+ 9,512q2 . ..... .
NAWE OF PROPOSED PROJECT ( If any) TELEPHONE
12-2—
LOCA71ON OF AlPROJECT (Major cross saftts and Address, if any), 1::b ^eS+.RalqdtLl) r e _
fi
c -e t�,e f4a u -n
C4 _I
V,
'GENERAL INF R JIREr)
0(
OWNER'S NAME
TELEPHONE
ADDRESS:
CITY. STATE & ZIP CODE
q r,-3 L/ L(
ces � axac-Ap
ZONE_ GEbLAL PLAN
ivasTiNG LAND
USE
SITE SIZE ( in Square Feet or Acrese3
1\
rt,5tc{ft*ia 11 ��s - ��- -
5, 1,ly
� o --,r4
6,60 S
EXISTING STRUCTURES (in Square Feet)
PROPOSED STRUCTURES in Square Feet)
(Check One)
(Check 06)
E3 PROPERTY IS OR PROPOSED TO BE SEWERED •
0- PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
MrPROPERTY IS OR PROPOSED TO BE ON SEPTIC'
1:3 PROPERTY IS OR PROPOSED TO BE ON WELL WATER
[3 GENERAL PLAN AMENDMENT
E3 REZONE
*USE PERMIT
'c—ki MINOR USE PERMIT
l3 VARIANCE
13 MINOR VARIANCE
[3 ADNIINISTRATIVE PERMIT
E3 DEVELOPMENT AGREEMENT
APPUCATION REQUESTED
Planning 0epartment
FEB)31996
Oroville, Calii0rilia
E3 TENTATIVE PARCEL MAP
E3 TENTATIVE SUBDIVISION MAP
E3 WAIVER OF PARCEL MAP
C3 MINING AND RECLAMATION PLAN
C3 BOUNDARY LINE MODIFICATION
13 LEGAL LOT DETERMINATION
13 CERTIFICATE OF MERGER
E3 OTHER
Rig: PROJECT DESCREMON
FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets)
o-
OWNER CERTIRCATION
I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OF THE ABOVE DESCRIBED PROPERTY. MMUlt. I ACKNOWLEDGETHE FILING OF
THIS APPLICATION AND CERTIFY THAT ALL OFTHE ABOVE INFORMATION IS TRUE AND ACCURATE
(If an agent is to be pdwd" execute the affidavit of autbodzWm an the Maw sid,A I /, 1 /7
M�ffi - W, ff�'f 0 1 �W' M WA Wro
4
16JENT
AUTHORRATION FOR$
To Butte County, Department of Development Services;
Print Name of Agont and Phone Number
A,
'c
Mailing Address ;
is hereby authorized to process this application for l�2l00�. tt� ► l I s -e
on my property, identified as� Butte County Assesors Parcel Number
OCo - l 50 -0 t . This authorization allows representation for all applications,
hearings, appeals, etc. and to sign all documents necessary for said processing, but
not including documents) relating to record title interest
Owner(s) of Record: (Sign and Print Name)
_D-e.b o �-" Wil 16-e
Print Name T-
Signature
Architect and/or Engineer:
Print Name of Architect/Engineer and Phone Number
Mallino Address
FOR OFFICE USE ONLY
Verify: Date received
AP Number(s)
Owners Authorization
Project Description
Print Name
Signature
Total amount received
Legal Description
Zoning requirements
Copies of plot plan .
Taken by Receipt No. EH LD Pian
Payment of the currently required Application Fee and/or Deposit (Any unused portion
of a deposit will be returned upon final action).
Current fee for this application Is' $. - as of
J
L: 063.150 018 000 STATUS: ACTIVE
GODDARD CHARLES E JR & ARLETA J
PO BOX 96
FOREST RANCH CA 95942
L: 063 150 019 000 STATUS: ACTIVE
PINEDO LYNN L SS
27276 MEADOWBROOK DR
DAVIS CA 95616
L: 063 150 020 000 STATUS: ACTIVE
FOREST RANCH MUTUAL WATER CO
P 0 BOX 202
FOREST RANCH CA 95942
L: 063 150 022 000 STATUS: ACTIVE
WATKINS LOY H & DEBORAH A CP
P 0 BOX 250
FOREST RANCH CA 95942
L: 063 150 023 000 STATUS: ACTIVE
NEUHART JAMES SCOTT ii DARLENE MARTIF- JT
P 0 BOX 146
FOREST RANCH CA 95942
L: 063 151 008 000 STATUS: ACTIVE•
FOREST RANCH VOLUNTEER FIRE DEFT INC
F 0 BOX 13
FOREST RANCH CA 95942
L: +06.3 150 009 000 STATUS: ACTIVE
GUNNELL MARGARET L
15539 NOPEL
FOREST RANCH CA 95942
L: 063 150 010 000 STATUS: ACTIVE
PIERCE IVAN A & DOROTHY P ETAL
1=54" NOPEL AVE
FOREST !RANCH CA 95942
L . Ob3 150 0 I. i 000 STATUS: AC i I VE
MARCH MICHAEL GUY & LESLEY
«325 F:ABALLO WAY
Iii-' 1i:,,i i _r-+ 95926
: 063 150 012 000 STATUS: ACTIVE
CAUD i LL WILLIAM ; i & W JUNE
F 0 BOX 653
FOREST RANCH CA 95942
L: 063 150 013 000 STATUS: ACTIVE
SMITH TED & LEOLA
P 0 BOX 603
FOREST RANCH CA 9.5942
L: 06' 150 014 000 STATUS: ACTIVE
COLE JUAN REX ')R & SUSAN FEGINA JT
P 0 BOX 448
FOREST RANCH CA 95942
L: 063 150 015 0045 STATUS: ACTIVE
S I LVA WAYNE A ,& RUSE K
FL •EOX 5574
CH I CO CA 9592.7
063 150 016 000 STATUS: ACTIVE
ARCHER RICHARD N & CAROLYN R TRUST!
ARCHER RICHARD N & CAROLYN R TRUSTEES
0 BOX 128
FOREST RANCH CO 95942
L: 063 150 017 000 STATUS: ACTIVE
HANSE' i FAMI7_'t TRUST
HANSEN ROBERT L °a JEANET T E. N TRUSTEES
P 0 BOX 81
FOREST RANCH CA 95942
i_: 063 230 001 000 STATUS: ACTIVE
WEEKS JAMES L & MARY K.
P 0 BOX 7343
FOREST RANCH CA 95942
L: 063 230 002 000 STATUS: ACTIVE
LAI iGHR 1 DGE 'GARTH R& SUSAN M
P 0 BOX 503
FOREST RANI'H CA 95942
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April. 2, 1996 -Valley, Oak
�.�
Children's -Services APR 0.
Planning Commission County of Butte 3 1956
7 County Center Drive r Qroveit�
Oroville, CA 95965. ° ��i��4rnia
-
SUBJECT: Use Permit
To .the Planning-Commissiori:.
.I .have just.become aware that Debra -Wilsey is in the process of an
..appeal' hearing on her recent ,denial-, of a use permit to operate a
large .-family day care home.
As you are. -probably aware,..California Health andSafety. Code
Section 1597.46(2) provides that local .planning shall !'grant a
nondiscretonary permit. to .u'se a.. lot zoned for..single-family
dwelling to a .largerfamily .day care _home :thatcomplies with local
ordinances .prescribing reasonable standards, restrictions, and.
requirements concerning spacing and concentration traffic control
Parkin.a and -noise control....« Additionally, Section 1597.46 (d)
goes on to. state., -that. !ono..:. County.".. shall adopt . or enforce any
building ordinane. orlocal rule or. regulation relating to the.
subject of :.:life .safety in a large family day care home ... except
to the extent that the building. ordinance -or local. rule "or
regulat-ion-.also applies. to. 'all sincrle family residendes in which
day care .is not provided
It would seem' that requiring large family day care. homes to go
through. unique sewage disposal requirements, is in conflict
with the State's pr6emption.Iaw regarding zoning of. large family
daycare homes. I would encourage the Planning Commissionto� dead
only with -the areas.:as`prescribed bylaw and to no longer require
large family -'day::care homes as part of 'the. use permit process -to
meet unique water or sewage disposal .requirements not currently
being required of other single-family residences in which .day care
is no.t.being provided.
The need for. quality ;,affordable,.conveniently located child care
has become one of. the most pressing concerns of modern, life -'As a
Child.Care Resource and Referral Agency, we receive calls .everyday
from. Butte County families in need.`of .child care,. and are often
unable to meet their needs d.ue to the limited number of child care
.facilities -in the coup-ty.. , The community of'Forest'Ranch as well as
other .communities within.Butte County are .still very much in need
of more child. care facilities in order to. meet the.ever growing.
need of families.in 'our county:
'Serving Butte and Glenn Counties
287 R'io Lindo.Avenue Chico, CA 95926 • (916) 895-3572.Outside.Chico area 1 -800 -345 -VOLS
4�
April. 2, 1996 -Valley, Oak
�.�
Children's -Services APR 0.
Planning Commission County of Butte 3 1956
7 County Center Drive r Qroveit�
Oroville, CA 95965. ° ��i��4rnia
-
SUBJECT: Use Permit
To .the Planning-Commissiori:.
.I .have just.become aware that Debra -Wilsey is in the process of an
..appeal' hearing on her recent ,denial-, of a use permit to operate a
large .-family day care home.
As you are. -probably aware,..California Health andSafety. Code
Section 1597.46(2) provides that local .planning shall !'grant a
nondiscretonary permit. to .u'se a.. lot zoned for..single-family
dwelling to a .largerfamily .day care _home :thatcomplies with local
ordinances .prescribing reasonable standards, restrictions, and.
requirements concerning spacing and concentration traffic control
Parkin.a and -noise control....« Additionally, Section 1597.46 (d)
goes on to. state., -that. !ono..:. County.".. shall adopt . or enforce any
building ordinane. orlocal rule or. regulation relating to the.
subject of :.:life .safety in a large family day care home ... except
to the extent that the building. ordinance -or local. rule "or
regulat-ion-.also applies. to. 'all sincrle family residendes in which
day care .is not provided
It would seem' that requiring large family day care. homes to go
through. unique sewage disposal requirements, is in conflict
with the State's pr6emption.Iaw regarding zoning of. large family
daycare homes. I would encourage the Planning Commissionto� dead
only with -the areas.:as`prescribed bylaw and to no longer require
large family -'day::care homes as part of 'the. use permit process -to
meet unique water or sewage disposal .requirements not currently
being required of other single-family residences in which .day care
is no.t.being provided.
The need for. quality ;,affordable,.conveniently located child care
has become one of. the most pressing concerns of modern, life -'As a
Child.Care Resource and Referral Agency, we receive calls .everyday
from. Butte County families in need.`of .child care,. and are often
unable to meet their needs d.ue to the limited number of child care
.facilities -in the coup-ty.. , The community of'Forest'Ranch as well as
other .communities within.Butte County are .still very much in need
of more child. care facilities in order to. meet the.ever growing.
need of families.in 'our county:
'Serving Butte and Glenn Counties
287 R'io Lindo.Avenue Chico, CA 95926 • (916) 895-3572.Outside.Chico area 1 -800 -345 -VOLS
Valley Oak Children's Services is committed to the development and
expansion of quality, licensed child care and encourage you to. join
us in support of new child care facilities. I urge you to consider
an option that will meet the zoning needs of our community as well
as encourage experienced family day care providers to expand so
that the critical need for child care can be met.
If you would like information on other communities' ordinances,
need information 'on licensing standards, or have any other
questions, please call me at 895-35,72.
Sincerely,
VALLEY OAK CHILDREN'S SERVICES INC.
Gloria Balch
Community Services
enclosure:
Coordinator
cc: Debra Wilsey, Child Care Provider
Hudson Johnson,"Child Care Advocate, Department of Social
Services, Sacramento
Child Care Law Center - San Francisco
c Valley Oak
Chld,r.en's
Services
Resource & Referral Program
287 Rio Lindo,
Chico, CA 95926.
(916) 895-3572' .
81 tte/Glenn Counties (800) 3458627
GLORIA BALCH . , .;
P
1 ,
t
Property Owner
Owner's Addres.
OWNERS AFFIDAVrr
SECOND DWELLING UNIT
Property Address 5 CAIW- e T
Assessor's -Parcel 6623 Minor Use Permit #
Property Description Si Ai P I i Ac
owner of the above described property, do
declare, that either the primary dwelling or the Second Unit is now and shall be occupied by the
owner of the real property.
This affidavit, shall constitute a covenant running with the land, binding upon me and my heirs,
successors and assigns, and limiting the occupancy of one of the dwelling units in accordance with
Section 24-280 and as specified above.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed this /'7 Y -A day of MC� , 199, at
,�rz�4�- �anc1�► , California.
U
Signed
Clo dlofi AG�e eovic(Ct
cue�/ih� . 17 ha Uc a
/ale 1 �Y"I•v da 00/%e ,h my home.
Planning Division
MAR 2.0 190;
Suite Count
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
March 12, 1997
Deborah Willsey
15544 Nopel Ave.
Forest Ranch, CA 95942
RE: Owner's Affidavit Second Dwelling Unit on Minor Use Permit No. MUP 96-09
AP#063-150-018
Dear Ms. Willsey:
Please complete the enclosed Owner's Affidavit Second Dwelling Unit and return it to this
office before your expiration date of May 28, 1997. This form must be completed annually
as part of your Minor Use Permit.
If you have any questions in regards to this request, please call Paula Atterberry at 538-
7601 between the hours of 8:00 a.m. and 4:00 p.m. Monday thru Thursday. Thank you for
your prompt attention to this matter.
Sincerely,
Paula Atterberry
Office Assistant III
j1emp\declarati.ren
W*
3
r'
,X'
4A 7.9 C7 i �: r- Dl
COUNTY OF ESTE WD
OROVILLE, CALIFORNIA PURCHASE ORDER
EChico Enterprise Record
N Attn: Donna
D P.O. Boa 9
O Chico, CA 95927
R i
,Issued By
Department
Planning
C148168
DATE
DUAN.
_INVOICE NO. AND DESCRIPTION
AMOUNT
,CHARGE TO
W.O. N
(_2_5_/9(
PUBLIC HEARING 130TICE
Ma
1996
f" 15Marn
4 Ing
To be published in the Chico Enterprise_
480-001-37
MY 2 9 199-��
on Monday, April 1,. 1996.
OMWIle, Oalifoff la #'
!�
Pleasee furnish this office with two copies
-of
the affidavit of publincation.
0
i
Butte County Planning
7 County Center Drive
Oroviile, CA 95965
L
c
TOTAL
7 IfO
I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles
specified.above�haye,been performed or delivered or, where authorized, are hereby contracted po
for and thai there is a Budget_;Appropriation for the same.
0�C148168
Dated: r ^ . f `3 �_� /� `�"'�'� L,.
r..:.-. Department Hea�thorized Deputy
Dept. 8 Sub.
Project*
Sub. Obj.
Invoice No. Invoice bate Encumbrar�ce�
� d�.
0�..iaGrossrMoInt
w• w 1
Discount
Ma
1996
f" 15Marn
4 Ing
MY 2 9 199-��
-�, r�r �.►.._�.
OMWIle, Oalifoff la #'
!�
Submit WHITE, CANARY and PINK to PURCHASING with vendor's invoice. Retain GOLDENROD.
Butte County purchasing
APR 10"S
Oroville, Gavoomia
•
•
�l
4.
iA ' COUNTY OF 4FTE
OROVILLE, CAL ORNI,A
" E Chico Enterprise record
i . N Attn: Donna Issued By
D p•O. E -0n 9 Department
0 Chico, CA 95927
R i
3
�LD
PURCHASE ORDER
Planning
C148168
DATE
QUAN.
INVOICE NO. AND DESCRIPTION
AMOUNT
CHARGE TO
W.O. #
F2-51 9 1)
PUBLIC HEARIIIC NOTICE
,
To be nubl3shed in the Chico Fnthrprisecd��`
X580-001-37
on Monday, April I, 1996.
Pleasee furnish this office hath tuo copies
of the affidavit of publincation.
(131.1.1 sev - le'tiP96-109 )
Butte Countv Planning
7 County Center Drive
Oroville, CA 95965
TOTAL
A7
VO I
I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles
specified above have been performed or delivered or, where authorized, are hereby contracted
for and that there is a Budget Appropriation for the same. C148168
Dated: � � � � � ,L���..-, � jG.�.�.-�.
Department Head or Authorized Deputy
Dept. & Sub. Project Sub. Obj. Invoice No. I Invoice Date I Encumbrance Gross Amount Discount
Submit WHITE, CANARY and PINK to PURCHASING with vendor's invoice. Retain GOLDENROD.
• BUTTE COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that public hearings will
be held on Thursday, April 11, 1996, in the Butte County Board of Supervisors' Room,
County Administration Center, 25 County Center Drive, Oroville, California, regarding the
following item at the following time:
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW
9:00 a.m. - Deborah Willsey - Minor Use Permit to allow a licensed day care center for
no more than 12 children on property zoned R-1 (Residential) located at
15544 Nopel Avenue, identified as AP 063-150-018, Forest Ranch. (SB)
(MUP96-09)
The above mentioned application and map are being referred by the Planning Manager to
the Planning Commission regarding policy issues for senior citizen units. The Planning
Commission will be the final authority on these items. The applications and maps are on
file and available for public viewing at the office of the Butte County Planning Department,
7 County Center Drive, Oroville, California. If you challenge the above applications 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
BARRY K. HOGAN, PLANNING MANAGER
0
COUNTY OFGTTE
OROVILLE, CAL FORNIA
EChico Enterprise Record
• N Attn: Donna
D P a O. Box 9
0 Chico, CA 95927
R
3
Issued By
Department
06LD
PURCHASE ORDER
Planning
0148168
DATE
QUAN..
INVOICE NO. AND DESCRIPTION
AMOUNT
CHARGE TO
W.O. #
(25/96
PUBLIC HEARING NOTICE
To be published in the Chico Enterprise'—)
480,-001--37
on Monday, April 1, 1996.
Pleasee furnish this office with two copies
of the affidavit of publiacation.
"Ji 1 7 F+v —MITP9 6 —0 a
Butte `: i t iQ'
7 County Center Drive
Oroville, CA 95965
7
TOTAL
I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles
specified above have been performed or delivered or, where authorized, are hereby contracted
for and that there is a Budget Appropriation for the same. C 1 Q 8.16 8
Dated:
Department Head or Authorized Deputy
Dept. & Sub. Project Sub. Obj. I Invoice No. I Invoice Date I Encumbrance Gross Amount Discount
Submit WHITE, CANARY and PINK to PURCHASING with vendor's invoice. Retain GOLDENROD.
BALANCE
Notice..
ENTERPRISE PUBLISHING COMPANY
THE CHICO ENTERPRISE-RECOM
• 400 EAST PARK AVE. (P.O. BOX 9) CHICO, CA 95927-0009 (4.16)8 91 -1 1 234 .
[BUTTE CO. PLANNING
P �.4
.7 County Center Drive
Orivlle Ca. 95965'Itgq:t)
r ti I rn
4"
6.85/in.
16410
I
PLEASE RETURN THIS STUB WITH YOUR CHECK
TOTAL
' DATE
INCHES
OR LINES
INCHES OR LINES
TO DATE
CLASSIFIED
DISPLAY
CREDITS
'OLD BALANCE
t o o G BALANCE FORWARD
BALANCE
B-25
n
THE CHICO ENTERPRISE -RECORD
MEMBER A. B. C.
PAY LAST
AMOUNT IN
THIS COLUMN
Notice..
of Pub Hearing
C148168
4/01
4"
6.85/in.
27.40
I
I
TOTAL
$27.40
B-25
n
THE CHICO ENTERPRISE -RECORD
MEMBER A. B. C.
PAY LAST
AMOUNT IN
THIS COLUMN
(SPACE FOR FILING STAMP ONLY)
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF BUTTE
In the Matter of
Notice of Public Hearing.
............................................................................. No ...
.................................................................................... r
AFFIDAVIT OF PUBLICATION
State of California
County of Butte ss.
The undersigned resident of the county of
Butte, State of California, says:
That I am, and at all time herein mentioned
was a citizen of the United States and not a party
to nor interested in the above entitled matter;
that I am the principal clerk of the printer and
publisher of
The Chico Enterprise -Record
That said newspaper is one of general circula-
tion as defined by Section 6000 Government
Code of the State of California, Case No. 26796
by the Superior Court of the State of California,
in and.for the County of Butte; that said newspa-
per at all times herein mentioned was printed
and published daily in the City of Chico and
County of Butte; that the notice of which the
annexed is a true printed copy, was published in
said newspaper on the following days:
April 1, 1996.
I certify (or declare), under penalty of
perjury, that the foregoing is true and correct, at
Chico, California.
•
Dated ......April 3, 1996.
at Chico, California.
........ .................
(Si ure)
BUTTE COUNTY PLANNING COMM1SSION
NOTICE OF PUBLIC HEA.RINGX;'�,
Notice is hereby given -by the -Butte County,
,lannin tCommission' that', public hearings.
Hill be held on •Thursday, April 11 1996, in
t he ,Butte County Board of Supervisors',
loom, County Administration Center, 25
~ounty Center, Drive,. Oroyi Ile, California;
egarding the following item at the following
ime:._.• , _ _
ITEM DETERMINED Td BE '
CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL: REVIEW
t:00 a.m. — Deborah Willsey — Minor Use
Permit to allow a licensed day care center for
io more than` 12 children on property zoned
t-1
(Residential) located at 15544�Noppel
Avenue,;'identified as—AP. '063-150-018,^s'
Forest Ranch. (SB) (MUP96-09)
{- The above mentioned application and map
ge being referred by the Planning Manager to
'she` Planning' Commission' regarding policy'
issues for, senior citizen units. .The Planning
Commission. will be the final authority on
hese items. The appplications and maps are on
file and available for. public. viewing at they
office of the Butte County. Planning Depart-
inent, 7' County Center;. Drive, Oroville, , �
California. If you challenge - the above,,
applications in court, you may be. limited, to,
iatsmg only those issues you or someone else'
'aised at the public hearing described in this
notice or in wntten'correspondence delivered..
to the Planning Commission, at -or prior to,
the ppublic hearing. '
BUTTE COUNTY PLANNING COMMISSION
4
BARRY K. HOGAN, PLANNING MANAGER
Y� , ,,s ........C148168" ., .......
PUBLISH: April 1, 1996
0
0 ,
NO......................
In the Matter of
...................................................................
.................... i ..............................................
...................................................................
...................................................................
...................................................................
Affidavit of Publication
Of --
...................................................................
B-02
ki
•
- COUNTY OF BUTTE
Oroville, California
GENERAL CLAIM
CLAIMANT: Deborah Willsey
ADDRESS: 15544 Nopel Avenue
CITY & STATE: Forest Ranch, CA 95942
DATE OF CLAIM: June 5, 1996
IMPORTANT. -
SEE INSTRUCTIONS
SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES ON REVERSE SIDE
DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY)
AMOUNT
6-5-96 Minor Use Permit, File MUP 96.09, - REFUND
$400.
95
I
i
TOTAL
$400.
95
I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and
correct as stated. ��[[
Dated this % day of \.1t .2 19 , at �� �ZeS/' Calif.
Signature of Claimant
I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that
there is a Budget Appropriation [M or Specific Board Approval [ ] (Check one) for the same.
Dated this I o" day of -::J� C 19-3--c—, at 02.Oy t W L Calif.
Department Head or Authorized Deputy
Dept. Code 480.001 Exp. Code 4210900 PAYABLE FROM GENERAL FUND
DO NOT WRITE BELOW THIS LINE - AUDITOR'S USE ONLY
DEPT. & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT.
Dae-`Oe/10/96 •
t,�Development Services DepartInt
Time 3:33 pm Applicant Billing Worksheet
MUP 96-09 * Deborah Willsey
15544 Nopel Avenue
Forest Ranch, CA 95942
In reference to : Minor Use Permit, AP#063-150-018
Rounding : None
Full Precision : No
Last bill / / Last aging
Last charge 05/02/96
Last payment / / Amount
Date1Slip# Description
02/12/96 Linda / C
#7799 Clerical
02/12/96 Steve B. / P
#7837 Processing
02/12/96 Craig / P
#7910 Processing
02/26/96 Steve B. / P
#7998 Processing
03/11/96 Craig / P
#8065 Processing
03/11/96 Steve B. / P
#8081 Processing
03/11/96 Larry / P
#8111 Processing
03/11/96 Lynn / C
#8147 Clerical
03/25/96 Lynn / C
#8247 Clerical
03/25/96 Linda / C
#8308 Clerical
04/08/96 Lynn / C
#8355 Clerical
04/08/96 Linda / C
#8426 Clerical
$0.00
HOURS/RATE
2.50
34.00
0.25
59.00
0.25
59.00
5.75
59.00
0.25
59.00
0.45
59.00
1.00
59.00
1.00
45.00
3.00
45.00
0.50
34.00
0.50
45.00
0.75
34.00
AMOUNT
85.00
14.75
14.75
339.25
14.75
26.55
59.00
45.00
Page 1
TOTAL
135.00 DO NOT BILL
17.00 DO NOT BILL
22.50 DO NOT BILL
25.50 DO NOT BILL
0 •
Date O6Y/10/96 Development Services Department
Time 3:33 pm Applicant Billing Worksheet
MUP 96-09 * :Deborah Willsey (continued)
Date/Slip# Description HOURS/RATE
04/08/96 Craig / P 0.50
48451 Processing 59.00
04/22/96 Linda / C 0.50
#8559 Clerical 34.00
Page 2
AMOUNT TOTAL
29.50 DO NOT BILL
17.00 DO NOT BILL
TOTAL BILLABLE TIME CHARGES 11.45
TOTAL DO NOT BILL TIME CHARGES 5.75 $246.50
TOTAL BILLABLE COSTS
TOTAL NEW CHARGES
PAYMENTS/REFUNDS/CREDITS
02/12/96 Deposit - Receipt #15256 (1,000.00)
06/10/96 Refund/Claim Form to Auditor 400.95
TOTAL PAYMENTS/REFUNDS/CREDITS
NEW BALANCE
$599.05
$0.00
$599.05
($599.05)
TOTAL NEW BALANCE $0.00
/ GUUNIY GEN IEN UHIVE - UHUVILLE, GALIFUNNIA 9b965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
May 28, 1996
Deborah Willsey
15544 Nopel Avenue
Forest Ranch, CA 95942
CERTIFIED MAIL
Re: Minor Use Permit, AP 063-150-018
Dear Ms. Willsey:
Enclosed is your validated Minor Use Permit No. MUP 96-09 to allow a licensed day care
center for no more than 12 children on property zoned R-1 (Low Density Residential),
located at 15544 Nopel Avenue, approximately 400 feet north of Highway 32, Forest
Ranch.
Should you have any questions regarding this matter, please contact this office between
8:00 a.m. and 4:00 p.m., Monday through Thursday.
Verytruly yours,
�IifamFarrel
Director of Development Services
WF:pa
Enc.
cc: Land Development Division
Building Division
Environmental Health
Department of Forestry
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APPROVED
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Development Plan
USE PERMIT —VARIANCE
MINOR U.P.
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moo County
of Butte, Calif
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✓UL Y -1966
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Receipt)
M U P 96-09
PERMIT NO.
063-150-018
ASSESSOR'S PARCEL NUMBER
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set
forth below: Deborah Willsey is hereby granted a Minor Use Permit in accordance with the application
fled Feb. 13, 1996, to ailow :a large day care center or, property zoned. R-1 located. at -155.44 Nopel Ave.,
Forest Ranch.
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. 24-45.65.
2. Unless otherwise provided for in a special condition to this use permit, all conditions must
be completed by the Permittee within 12 months of the delivery of the countersigned permit
to the Permittee.
3. If any use for which a 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. 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.
FINDINGS:
SectiOri 1: Envi-i-oi 1 i ic'ntal Findings.
A. This application fora Minor Use Permit to allow a large day care center is Categorically
Exempt from environmental review; and
Section 2: Zoning Ordinance Findings.
A. The proposed location,_ size, design, and operating characteristics of the proposed use is
in accordance with the purpose of Chapter 24 of the Butte County Code, the purpose of
the zone in which the site is located, the Butte County General Plan, and the development
policies and standards of the County; and
B. The proposed location, size, design, and operating characteristics of the proposed use will
be compatible with and will not adversely affect or be materially detrimental to adjacent
uses, residents, buildings, structures or natural resources, with consideration given to:
Harmony in scale, bulk, coverage and density;
f
2. The availability of public facilities, services and utilities;
3. The harmful effect, if any, upon desirable neighborhood character;
4. The generation of traffic and the capacity and physical character of surrounding
streets;
5. The suitability of the site for the type and intensity of use or development which is
proposed;
6. Any other relevant impact of the proposed use.
C. The proposed location, size, design, and operating characteristics of the proposed use and
the conditions under which it will be operated or maintained will not be detrimental to the
public health, safety and general welfare, or materially injurious to properties or
improvements in the vicinity; and .
D. The proposed use will comply with each of the applicable provisions of Chapter 24, Section
265, of the Butte County Code.
Section 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, Minor Use Permit
for Deborah Willsey on APN 063-150-018 to allow a large day care center is approved
subject to the conditions listed herein.
B. 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 and only as to those conditions or requirements recommended
by their respective departments. 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.
C. Conditions of Approval:
The facility is.a single-family residence that is the principal residence of the provider and
the use is clearly incidental and secondary to the use of the property for residential
purposes.
2. In addition to providing the required number of parking spaces for the residential use, one
off-street parking space for each employee of the facility arid"-bhe� off-street parking
space\loading area shall be provided. The driveway area may be used to meet this
requirement.
3. One non -illuminated sign, not to exceed 3 square feet in area and four feet in height, shall
be allowed.
4. The Large Family day care home shall be licensed by the California Department of Social
Services, Community Care Licensing.
5. Meet all State Fire Marshall regulations pertaining to Large Family day care facilities.
6. Building identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted at the beginning of building construction and
maintained continuously thereafter.
7. Provide an all weather access to all structures, which is designed to carry a 40,000 pound
fire apparatus at least 10 feet wide with a 15 foot vertical clearance.
8. Construct a concrete driveway approach to County Standards behind existing curb and
gutter.
9. Meet the requirements. of the Butte County Environmental Health Department for minimum
sewage disposal system requirements.
10. Applicant must also comply with all other applicable State and local statutes, ordinances,
and regulations.
NOTE: Issuance of this permit does not waive the requirement of. obtaining Building Division and
Environmental Health Division permits before starting construction or does it waive any other
requirements of federal state, and local law.
&'� . -
Awl ie6(4A-' �l�c11Q� Butte my Plan ing C mMIssion airman
cc: Land Development Division
Building Division
Environmental Health'Division
California Department of Forestry
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Y
Date 05/21/96 •Development Services Department
Time 2:37 pm Applicant Billing Worksheet
MUP 96-09 : Deborah Willsey
15544 Nopel Avenue
Forest Ranch, CA 95942
In reference to : Minor Use Permit, AP#063-150-018
Rounding : None
Full Precision : No
Last bill
Last charge
Last payment
05/02/96
Date/Slip# Description
02/12/96 Linda / C
#7799 Clerical
02/12/96 Steve B. / P
#7837 Processing
02/12/96 Craig /*P
#7910 Processing
02/26/96 Steve B. / P
#7998 Processing
03/11/96 Craig / P
#8065 Processing
03/11/96 Steve B. / P
#8081 Processing
03/11/96 Larry / P
#8111 Processing
03/11/96 Lynn / C
#8147 Clerical
03/25/96 Lynn / C
#8247 Clerical
03/25/96 Linda / C
#8308 Clerical
04/08/96 Lynn / C
#8355 Clerical
04/08/96 Linda / C
#8426 Clerical
Last aging
Amount
$0.00
HOURS/RATE
2.50
34.00
0.25
59.00
0.25
59.00
5.75
59.00
0.25
59.00
0.45
59.00
1.00
59.00
1.00
45.00
3.00
45.00
0.50
34.00
0.50
45.00
0.75
34.00
AMOUNT
85.00
14.75
14.75
339.25
14.75
26.55
59.00
45.00
135.00
22.50
X25 :550
Page 1
TOTAL
5Otli.05
y - 4.
Date 05/21/96
Time 2:37 pm
MUP 96-09
•D 0
evelopment Services Department
Applicant Billing Worksheet
:Deborah Willsey (continued)
Date/Slip# Description HOURS/RATE
04/08/96 Craig / P 0.50
#8451 Processing 59.00
04/22/96 Linda / C 0.50
#8559 Clerical 34.00
TOTAL BILLABLE TIME CHARGES
TOTAL BILLABLE COSTS
TOTAL NEW CHARGES
PAYMENTS/REFUNDS/CREDITS
02/12/96 Deposit - Receipt #15256
TOTAL PAYMENTS/REFUNDS/CREDITS
NEW BALANCE
New Current period
17.20
Page 2
AMOUNT TOTAL
29.50
01:700
(1,000.00)
(154.45)
$845.55
$0.00
$845.55
($1,000.00)
TOTAL NEW BALANCE ($154.45)
MEMORANDUM
TO: Butte County Assessor's Office
FROM: Butte County Planning Department
SUBJECT: Deborah Willsey
DATE: May 28, 1996
Pursuant to Section 65863.5 of the Government Code, the following parcel identified as
063-150-018, was:
Rezone from to zoning district.
Granted a variance to
_✓ Issued a conditional Minor use permit for a licensed day care center for no
more than 12 children on property zoned R-1 (Low Density Residential),
located at 15544 Nopel Avenue, approximately 400 feet north of Highway 32,
Forest Ranch.
jAtemp\issessor
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
May 22, 1996
Deborah Willsey
P.O. Box 144
Forest Ranch, CA 95942
Re: Hours Billed and Notice of Exemption Documentation Filing Fees
Dear Deborah,
Enclosed please find copies of the billing worksheet for your minor use permit project (file
# MUP 96-09). Barry Hogan, from what you told me, said that we would not charge against
your deposit .for any time billed after the Planning Manager's hearing on March 25, 1996.
This means that we have used $599.05 of your $1000.00 deposit, which should leave you
a refund of $400.95. Your application has not been closed out, and your refund cannot be
processed until the application is closed.
Your project was determined to be categorically exempt from the provisions of the California
Environmental Quality Act, and as such a Notification of Exemption is usually filed with the
County Recorder's Office. This is not mandatory, but the statute of limitations period would
be 180 days, instead of 35 days if the Notification of Exemption was filed. The Notice had
to be filed within five days of project approval, so it is now to late for the Notification to be
filed and the $25.00 filing fee is not required. Your application will be closed out within the
next week or so, your minor use permit issued to you, and the paperwork started on your
refund. It will take approximately one month for your refund to be issued to you.
Should you have any further questions, please feel free'to call me between the hours of 8:00
a.m. and 4:00 p.m., Monday through Thursday.
Sincerely,
r1mr. OAF
Stephen R. Betts
Assistant Planner
enc
May 7, 1996
Valley Oak Children's Services
287 Rio Lindo
Chico, CA 95956
Attn: Gloria Balch
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE. CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
RE: Revised Requirements and Procedure for Large Family Day Cares
Dear Ms. Balch:
We have created a draft of the process and likely conditions that a Large Family Day Care
may have in Butte County. We would appreciate any comments that you have. Please
feel free to mark directly on the enclosed copy and forward your comments back to us. If
you would like to make your suggestions over the phone, please call us Monday through
Thursday from 8 am to 4 pm. Should we run into a problem with the enclosure, we may
need to set a time for all of us to meet. We have also sent a copy to Coleen Jarvis at
Legal Services of Northern California, as well as a °copy to Deborah Willsey, Should you
have any questions please contact Craig SandersL, Senior Planner. '
Very truly yours,
Bar. Hog
Pla ing Mai
IcNettersldaycareltl
LARGE FAMILY DAY CARE
Process and Likely Conditions
Process: In order to operate a large family day care facility with 7 up to and including
12 children certain standards and conditions need to first be met. The first item that you
will need is an approved Minor Use Permit. You do not need to be concerned with your
septic system because the State Health and Safety Code only requires for a large
family day care that the system be sized for the number of existing bedrooms and is
operating properly. Expansion of the septic system cannot be a condition of allowing a
large family day care. A fire safety clearance will be needed after the Minor Use Permit
is approved. This will be performed by the Building Division at a cost of $100. You will
also need to meet the requirements of the state for the operation of a large family day
care.
Likely Conditions: Large Family day care facilities allowed by Minor Use Permit shall
meet all of the following minimum standards and conditions:
1. The facility is a single family residence that is the principal residence of the
provider and the use is clearly incidental and secondary to the use of the
property for residential purposes.
2. Properties proposed for Large Family day care shall be located at least 500 feet
driving distance from any other Large Family day care property and the granting
of the permit shall not result in any residence being bounded on more than one
side by a Large Family day care.
3. Large Family day care homes shall meet the following traffic control measures:
(a) In addition to providing the required number of parking spaces for the
residential use, one off-street parking space for each employee of the
facility and one off-street parking space/loading area shall be provided.
The driveway area may be used to meet this requirement.
(b) Large Family day care homes located on principal or minor arterial roads
as designated by the General Plan Circulation Element shall provide
drop-off and pick-up areas which prevent vehicles from backing onto such
roads.
(c) Properties proposed for Large Family day care homes shall have frontage
on and access off a paved road. Roads that are constructed for the
purpose of meeting this requirement shall meet the RS -4C standard as
contained in the Butte County Improvement Standards contained in
Chapter 20 of the Butte County Code.
4. One sign, not to exceld' 3 square feet, shall be allowed. 0
5. The Large Family day care home shall be licensed by the California Department
of Social Services, Community Care Licensing (this requirement is met after
approval of the minor use permit).
6. Meet all State Fire Marshall regulations pertaining to Large Family day care
facilities (this requirement is met through a request of the Building Division of the
County for a fire safety clearance at a cost of $100. It generally takes 2-3 days).
7. The applicant must meet all other applicable County and State ordinances,
statutes, and regulations.
8. Facilities not meeting the above standards shall require a Conditional Use
Permit to operate.
Please note that there may be additional conditions necessary for your particular
situation in order to maintain neighborhood compatibility, safety, and noise control. Any
additional conditions will be discussed with you prior to adding them to the approval.
K:\forms\submital\largefmy.frm 5/7/96
April 15, 1996
Deborah Willsey
15544 Nopel Avenue
Forest Ranch, CA 95942
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
Re: Use Permit, AP 063-150-018, MUP 96-09
Dear Ms. Willsey:
At the regular meeting of the Butte County Planning Commission held April 11, 1996, your
request for a Minor Use Permit to allow a large day care center, was approved subject to
the conditions listed on the enclosures. Please sign both copies and return both copies
to this Division within 40 calendar days.
Should you desire to appeal any of the conditions imposed by the Planning Commission,
you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive,
Oroville, California, prior to 5:00 p.m., Monday, April 22, 1996. The appeal deposit of
$250.00 must be paid at that time. If you do not appeal and if there are no other appeal
within the 10 calendar -day appeal period, the action of the Planning Commission is final.
For purposes of the California Environmental Quality Act, a Notice of Exemption must be
filed.. The fee for the filing of a Notice of Exemption is the $25.00 documentary handling
fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should
be submitted to the Planning Division by April 23, 1996.
Please be aware that failure to return the signed copies within 40 calendar days will
invalidate the Planning Commission's approval. Re-application to this Division would then
be necessary.
The Use Permit is deemed granted when the enclosures have been signed by the
applicant, with the counter signature of the Chairman of the Planning Commission, and
said permit is received by the applicant by registered mail.
Should you have any questions regarding this matter, please contact this office between
8:00 a.m. and 4:00 p.m., Monday through Thursday.
truly yours,
/K. ' Ho
ging M2nger
Ir k.ODrovuo.frm
BUTTE COUNTY PLANNING SERVICES MEETING
MINUTES - September 11, 1995
The'meeting was called to order at 10:08 a.m. in the 7 County Center Drive Conference Room, Oroville, CA.
Present: Barry Hogan, Planning Manager, Lynn Richardson, Record Secretary
Also Present: Mr. and Mrs. Hansen
L ITEM FOR CONSIDERATION
A. Deborah Willsev - (Item determined to be categorically exempt from environmental review) Minor
Use Permit to allow a licensed day care center for no more than 12 children on property zoned R-1
(Residential) located at 15544 Nopel Avenue, identified as AP 063-150-018, Forest Ranch.
Mr. Hogan called the meeting to order noting that the applicant had been notified, but was not present. Mr.
Hogan said to let the record show that Mr. and Mrs. Hanson were in attendance and had also submitted a
letter in opposition to this permit. He said the staff report has been prepared and recommends approval. He
said the State exempts all local jurisdictions if the care home is for six or less. He said over six and the
County has to go though the hearing process. He said this action will go forward to the Planning Commission.
If the recommendation is for approval, this item will be placed on the Planning Commission Consent Agenda.
The Planning Commission can pull the item if there is objections and set a public hearing. Mr. Hogan noted
another letter received from Margaret Gunnell in opposition due to noise and the use not being compatible
with the area. Mr. Hogan said he was inclined to deny this request and advertise and notice a full hearing at
the Planning Commission rather than putting this on the Consent Agenda. He read the findings the
Commission would have to make, from the Agenda Report, to approve this project.
Mr. Hogan said based upon testimony, in writing,and that the findings can not be made to approve this
request, that the request is not compatible with the neighborhood based on noise from children outdoors, deny
the request and direct it be scheduled at the Planning Commission and that the applicant and neighbors be
notified.
Mr. Hansen said the number of children is a factor, that the more children the greater the noise. He said traffic
and parking is also a problem with a larger number of children. Mr. Hanson said there are more than 6
children at the day care now.
Mr. Hogan said staff will investigate to see if the applicant is in violation of the zone and will notify the applicant
to abate the violation.
ADJOURNMENT
Thelneeting was adjourned at 10:20 a.m.
RY ji
'PG
AN
ni anagager
by Lynn, Butte County Records Secretary.
BUTTE COUNTY PLANNING SERVICES MEETING # MINUTES N PAGE 1
4 �
STATE OF CALIF IA
DEPARTMENT OF SOCIAL SERVICES
COMMUNITY. CAR E LICENSING
CHICO DISTRICT OFFICE
520 COHASSET ROAD, SUITE 6
CHICO, CA 95926
(916)895-5033
(916)895-5934 FAX
Butte County Planning Commission
7 County Center Drive
Oroville, Ca 95965-3397
Dear Commission Members:
HEALTH AND WELFARE AGENCY
April 9, 1996
The Chico District Office of the Community Care Licensing Division, California
Department of Social Services, is responsible for the licensing of child care facilities
including day care centers, small family day care homes, and large family day care homes
in Butte County.
The purpose of this letter is to provide information in the matter of the use permit
requested by Deborah Willsey, 15544 Nopel Avenue, Forest Ranch. This office
encourages the development of licensed child care homes and centers throughout Butte
County.
The following information is offered in support of Ms. Willsey's request:
1. There are currently only two licensed family child care homes in Forest Ranch,
including Ms. Willsey's. Family day care homes are particularly important child care
resources because they provide the vast majority of the licensed spaces for children two
years of age and under. For many families, large family day care homes are the type of
care they prefer for their children.
2. Ms. Willsey is a licensed family day care home. She does not operate a day care
center. Her home is limited to no more than 12 children at any time and she is required to
live in the home and maintain it as family home.
3. It has been found that:
(a) There are insufficient numbers of licensed family day care homes.
(b) There is a growing need for child care facilities due to the increase in working
parents.
STATE OF CALARNIA
DEPARTMENT OF SOCIAL SERVICES
HEALTAD WELFARE AGENCY
(c) Many parents prefer child day care located in their .neighborhoods and in family
homes.
(d) there should be a variety of child care settings, including licensed family day
care homes, as suitable alternatives for families.
4.. Section 1597.40 of the California Health and Safety (H&S) Code provides that family
day care homes must be situated in normal residential surroundings. It is the public policy
of this State to provide children in family day care the same home environment as
provided in a traditional home setting.
The Health and Safety Code provides this policy is of statewide concern and prohibits any
restrictions relating to the use of single-family residences for family day care homes for
children except as provided by the Code.
Section 1597.46 provides for large family day care homes on lots zoned for single-family
dwellings and for a permit to be granted if the large family day care home complies with
local ordinances, if any, prescribing reasonable standards and restrictions concerning
spacing and concentration, traffic control, parking, and noise control. Noise standards
shall be consistent with local noise ordinances implementing the noise element of the
general plan and shall take into consideration the noise levels generated by the children.
Large family day care homes shall be considered as single-family residences for the
purposes of the State Uniform Building Standards Code and local building and fire codes,
except with respect to additional standards'designed to promote fire and life safety
adopted by the State Fire Marshal.
Section 1597.46 is attached.
5. One unintended negative consequence caused by making the large family day care
home permit process difficult, expensive, and/or impossible to achieve, is the
encouragement of unlicensed and unregulated child care in place of licensed child care
homes. This means child care provided without the benefits of fire clearance, criminal
record and child abuse index clearances, periodic inspection of physical plant for safety
hazards, and lack of first-aid and CPR training for the caregiver.
6. With respect, neighbors concerns that noise (from across the street, in one case)
appears unrealistic. An assumption that property values will be diminished is inconsistent
with State law regarding legal basis for denying large family day care homes in single-
family areas. Again, this is not a "child care center", it is a large family day care home. It
should also be noted that a large family day care home can not be prohibited in any single-
family zoned area simply because of the neighborhood.
Denying a permit because of the rural or wooded nature of a neighborhood also serves to
deprive families in such an area of quality licensed child care and lacks legal basis.
OA
STATE OF CALIFSIA HEALTH AND WELFARE AGENCY
DEPARTMENT OF SOCIAL SERVICES
7. Mr. Hogan's memo dated March 28, 1996, to the Honorable Chair and Planning
Commission stating a recommendation to deny the Minor Use Permit "...based upon
incompatibility with the character of the neighborhood...." appears to lack a legal
basis consistent with. the requirements in H&S Code, Sec. 1597.46 for denial of the
permit. Nowhere in the State code does it provide for denial based on incompatibility with
a neighborhood's character, unless there is a lack of compliance with local ordinances
regarding spacing and concentration, traffic control, parking, and noise control.
Thank you for your consideration of this information. If you have any questions regarding
this.letter, please contact me.
Sincerely,
gam, N
Earl Nance
Chico District Office Manager,
Community Care Licensing Division
California Department of Social Services
c Deborah Willsey
3
0
home shall be consi• ed a residential use of property for the purposes
of all.local ordinances.
(b) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a small family day care home.
(c) Use of a single-family dwelling for 'purposes of a small family
day care home shall not constitute a change of occupancy for purposes of
Part 1.5 -(commencing with Section 17910) of Division 13 (State Housing
Law) or for purposes of local building codes.
(d) A small.family day care home shall not be subject to.Article 1
(commencing with Section 13100) or Article 2 (commencing with Section
13140) of Chapter 1 of Part 2, except that a small family day care home
shall contain a fire extinguisher and smoke detector device that meet
standards established by the State Fire Marshal.
§ 159,7.46. Large family day care homes
All of the following shall apply to large family day care
homes:
(a) A city, county, or city and county shall not prohibit large
family day care homes on lots zoned for single-family dwellings, but
shall do one of the following:
(1) Classify these homes as a permitted use of residential property
for zoning purposes..
(2) Grant a nondiscretionary permit to use a lot zoned for a
single-family dwelling to any large family day care home that
complies with local ordinances prescribing reasonable standards,
rest,r:ictions, and requirements concerning spacing and
�,; C• .a
concentration, traffic control, parking, and noise control relating
to such homes, and complies with 'subdivision (d) and any
regulations adopted by the State Fire Marshal 'pursuant to that
subdivision. Any noise standards shall be consistent with local
noise ordinances implementing the noise element of the general plan -
and shall take into consideration the noise level generated by
children. The permit issued pursuant to this paragraph shall be
granted by the zoning administrator, if --any, or if there is no
zoning administrator by the person or persons designated by the
planning agency to grant such permits, upon the certification
without a hearing.
(3) Require any large family day care home to apply for a permit to
use a lot zoned for single-family dwellings. . The zoning
administrator, if any, or if there is .no zoning administrator, the
person or persons designated by the planning agency to handle the
use permits shall review and decide the applications. The use
permit shall be granted if the large family day care home complies
with local ordinances, if any, prescribing reasonable standards,
63
restrictions, *and requirements concerning spacing and
P g
concentration, traffic control, parking, and noise control relating
to such homes, and complies with subdivision .(d) and any
regulations adopted by the State Fire Marshal pursuant 'to that
subdivision.. Any noise standards. shall .be consistent with local
noise ordinances implementing the noise element of the general plan
and shall take into consideration the noise levels generated by
children. The local government shall process any required permit as
economically as possible, and fees charged for review shall not
exceed the costs of the review and permit process: Not less than 10
days prior to the date on which the decision will be made on the
-application, the zoning administrator or person designated to
handle such.use permits shall give notice of the .proposed use by
mail or delivery to all owners shown on the last equalized
assessment roll as owning real property within a 100 foot radius of
the exterior boundaries of the proposed -large family day care home.
No hearing on the application for a permit issued pursuant to this
paragraph shall be held before a decision is made unless a hearing
is requested by the applicant or other affected person. The
.applicant or other affected person may appeal the decision. The
appellant shall nay the cost, if any of the appeal.
(b) A large family day care home shall not be subject to the
provisions of Division 13 .(commencing with Section 21000) of the Public
Resources Code.
(c) Use of a single-family dwelling for the purposes of a large
family day care home shall not constitute a.change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housi-ft Law), or for purposes of local building and fire codes.
(d) Large family -day care homes shall be considered as
single-family residences for the purposes of the State Uniform Building
Standards Code and local building and fire codes, except with respect to
any additional standards specifically designed to promote the fire and
life. safety of the children in these homes adopted by the State Fire
Marshal pursuant to this subdivision. The State Fire Marshal shall adopt
.separate building standards specifically relating to the subject of fire
and/life safety in.large family day.care homes which shall be published
in Title 24 of the California Administrative Code. These standards shall
apply uniformly throughout the state and shall include, but not be
limited to: (1) the requirement that a larce family 'day care home
contain a fire extinguisher or smoke detector device, or both, which
meets standards established by the State Fire Marshal; (2) specification
as to the number of required exits from the home; and (3) soec_fication
as to the floor or floors on which day care may be provided. Enforcement
of these provisions shall be in accordance with Sections 13145 and
13146. No city, county, city and county, or district shall adopt or
64
u
MEMORANDUM
n
TO: Honorable Chair and Planning Co?ra
ssion
FROM: Barry K. Hogan, Planning Manage.
SUBJECT: MUP 96-09 -Minor Use Permit fbOensed day care ccentersor1no more
A request for a Minor Use Permit
than 12 children on property zoned R-1 (Low Density Residential), located
at 15544 Nopel Avenue, approximately 400 feet north of Highway 32, Forest
Ranch. This project is located in Supervisorial District 3.
DATE: March 28, 1996
SUMMARY: This project came before the Planningresidential
anager on es dent al Iota There were two people
rch 25 for consideration
of approval with conditions of a family day care on
present at the hearing, Mr. and Mrs.. Hanson, neighbors
s to the Gunlnell submitted tt d letters
question. The
applicant was not present. The Hansons, as wellMargaret
in objection to the application due .to increase traffic, noise, and incompatibility with the
character of the neighborhood. Although conditions may be able to be de neighbors it was felt that since the appI s
was not
present that the best course of a lant oped which
would meet the concerns of the
two
would be to deny the application and direct that a full
hearing be held by the Planning Commission.
We have had conversations with the applicant and have offered to meet with her and her
neighbors to see if conditions could be developed that would be acceptable to all parties
involved. At the time of this memorandum no meeting has been held.
RECOMMENDATION: It is recommended that the
hearing, take testimony pro and con, and
If there does not appear to be a reasonable opportunity to resolve the neighborhood
concerns with conditions of approval acceptable to all parties, deny the Minor Use
Permit based upon incompatibility with the character of the neighborhood;
Planning Commission open the public
or
2. If there appears to be a reasonable opportunity to resolve the neighborhood
concerns with conditions of approval acceptable to come up parties,
ean acceptable serect staff to t rk
with the applicant and the neighborhood to p royal.
conditions to all parties and come back to the Commission in 2 weeks for app
k:\projects\willsey.mup\willsey.mem
# Butte County # Department of Development Services # Planning Division #
.�
April 6, 1996
^
`
Deborah Willsey
15544 Nopel Ave.
Forest Ranch, .CA 95942
COUNTY OF BUTTE
DEPARTMENT'OF`-DEVELOPMENT SERVICES
PLANNING DIVISION
. 7 County Drive
Oroville, CA 95965-3397 '
. Re: Use Permit for a Large -Family Daycare
To whom it may concern:
Please distribute these packets to the members of the
Planning Commission as soon as you receive them. My hearing
date is scheduled on this Thursday 4/11/96. The Planning
Commission will want to review the information enclosed
before the hearing.
I would appreciate a call when you receive them if that is
possible at 898-8122. Due to th6 fact that I just received
notice of my hearing date and the specifics involved
yesterday, 4/5/96, I was not able to send this information
any sooner. '
^
`
Thank you for your efficiency,
'
Deborah Wi llsey "°
April 5, 1996
To: Honorable Chair and Planning Commission
From: Deborah Willsey
Re: MUP 96-09 Minor Use Permit on APN 063-150-018
On March 25th, there was a preliminary hearing to revue my application for a use
permit to increase my daycare from 6 children to a maximum of 12. Having been
through this process before, without a need for me to attend that revue, I naively
did not attend this one. The documentation I had received from the Asst.
Planner stated that I had met the requirements asked of me and they were
forwarding an approval recommendation. Coupled with the information I
understood from the Health and Safety Code from the State of CA, I did not think
there could be a possibility of denial.
After the hearing, in a conversation with the Planning Manager, Barry Hogan, I
discovered that I should have been there to discuss the Health and Safety Code
with Mr. Hogan and the concerned neighbors. I was not aware I had neighbors
that would object. However, I also thought the policy the county was following
regarding a daycare use permit was formed adhering to the guidelines set by the
State Health and Safety Code. It was my understanding that the State's intent to
"occupy the field" regarding the regulation of family daycares would make clear
the guidelines allowed for approval and denial of my application. My brother-in-
law, .who is very familiar with county hearings, admonished my naivety. There
are many, many state laws, he said. It was my job to bring forward any state
laws that affect my application.
And so I'd like to submit the enclosed documents for revue. I am specifically
interested in two areas.
I. the "noise" issue
2. the policy that determined that the Environmental Health Dept. be involved
in the application revue, requiring me to increase my leach line.
Thank you for your attention to this matter. Please call me if you have any
questions @ 898-8122.
=a,)
U6"
Deborah Willsey
AGENDA ITEM
AGENDA REPORT
TO: Barry K. Hogan, Planning Manager
FROM: Stephen Betts, Assistant Planner
DATE: March 11, 1996
REQUEST: File # MUP 96-09 - Minor Use Permit for Deborah Willsey on APN 063-150-018:
A request for a Minor Use Permit for a licensed day care center for no more than
12 children on property zoned R-1 (Low Density Residential), located at .15544
Nopel Ave, approximately 400 feet north of Highway 32, Forest Ranch. This
project is located in Supervisorial District 3.
RELATED
ITEMS: None
FOR: Planning Commission Meeting of April 11, 1996
ABSTRACT: This request is for a Minor Use Permit for a licensed day care center for no more than 12
children. The proposal conforms to the zoning and the General Plan. No significant impacts will occur
as a result of this project. Staff recommends approval of this application.
PROJECT CHARACTERISTICS: This request is for a Minor Use Permit to allow a -licensed day care
center for no more than 12 children. Butte County Code 24-120.E.1 states that a minor use permit is
required in a R-1 zone for large day care centers having between 7 but no more than 12 children. The
project site is a .6 acre (24,400 sq. ft.) parcel and is zoned R-1. A small day care center is currently
operated out of a single-family residence on the project site. The Land Use Element of the Butte County
General Plan designates the property as Low -Density Residential. A 1,550 sq. ft. home occupies the site.
Domestic water for the project site is obtained from a community well. An on-site septic tank and
leachfield system handles sewage disposal for the residence. Surrounding parcels are zoned R-1, TM -1,
and N -C and have a General Plan designation of Low -Density Residential. Surrounding parcels range
in size from .34 to 1.7 acres and the land use is mountain -residential. There are no other large day care
center facilities located within 500 feet driving distance from the project site.
ANALYSIS: This project will allow a large day care center in a R-1 zone. A small day care center (6 or
less children) is currently operated out of the project site. The increase in the number of children will not
significantly impact the neighborhood. The house is located approximately 100 feet off of Nopel Ave so
there will not be any vehicles stopping on Nopel Ave. There is plenty of off-street parking for the day care
center employees as well as for parents dropping off/picking up their children. There will be an increase
in'the amount of sewage flowing into the on-site septic system. The Butte County Environmental Health
Department has stated that the septic system must meet the requirements of the Environmental Health
Department for minimum sewage disposal system requirements. The Butte County Fire Department has
stated that building identification and or/addresses shall be installed and maintained in conformance with
PRC 4290 and provide all weather access to all structures, which is designed to carry a 40,000 pound
fire apparatus at least 10 feet wide with a 15 foot vertical clearance. The Butte County Department of
Public Works has stated that a concrete driveway approach meeting County Standards be constructed
■ Butte County Department of Development Services ■ Planning Division ■
E%ERPTS FROM HEALTH AND SAFETY CODE, STATE OF CALIFORNIA.
CHAPTER 3.4 CALIFORNIA CHILD DAY CARE ACT 1991
Section 1596.72. Legislative findings and intent
The Legislature finds all of the following:
(a) That child day care facilities can contribute positively to
a child's emotional, cognitive, and educational development.
(b) That it is the intent of this state to provide a
comprehensive, quality system for licensing child day care
facilities to ensure a quality day care environment.
(c) That this system of licensure requires a special
understanding of the unique characteristics and needs of the
children served by child day care facilities.
(d) That it is the intent of the Legislature to establish within
the State Department of Social Services an organizational
structure to separate licensing of child day care facilities
from those facility types administered under Chapter 3
(commencing with Section 1500).
(e) That good quality child day care services are an essential
service for working parents.
Section 1596.73. Purpose
TheThe purposes. `of this^ act are "ta:.- -- -
... v+—•T's""' r .••x:^n .. , � ate.. v �.'—� j
(a) 4Streamline -the administration of child "care";licensing wand
�`thereby.:yincrease the efficiency and effectiveness of
CDCA1991-1 '
Section 1596.73. (Continued)
(b) Encourage the development of licensing staff with knowledge
and understanding of children and child care needs.
(c) Provide.providers of child care with technical assistance
about licensing requirements.
(d) Enhance consumer awareness of licensing requirements and the
benefits of licensed child care.
(e) Recognize that affordable, quality licensed child care is
critical to the well-being of parents and children in this
state.
J
CHAPTER 3.6. FAMILY DAY CARE HOMES
Section 1597.30. Legislative findings and declarations.
The Legislature finds and declares:
(a) It has a responsibility to ensure the health and safety of
children in family homes that provide day care.
(b) That there are insufficient numbers of regulated family day
care homes in California.
(c) There will be a growing need for child day care facilities
due to the increase in working parents.
(d) Many parents prefer child day care located in their
neighborhoods in family homes.
(e) There should be a variety of child care settings, including
regulated family day care homes, as suitable alternatives
for parents.
(f) That the program to be operated by the state should be cost
effective, streamlined, and simple to administer in order to
ensure adequate care for children placed in family day care
.�' homes, while not placing undue burdens on the providers.
CDCA1991-50
U
Section 1597.30. (Continued)
(g) That the state should maintain an efficient program of
regulating family day care homes that ensures the provision
of adequate protection, supervision, and guidance to
children in their homes.
Section 1597.40. Public policy to provide home environment,
residential surroundings; prohibition of
restrictions governing acquisition, use,
occupancy, etc., of real property
(a) It is the intent of the Legislature that family day care
homes for children must be situated in normal residential
surroundings so as to give children the home environment
which is conducive to healthy.and safe development. It is
the public policy of this state to provide children in a
family day care home the same home environment as provided
in a traditional home setting.
The Legislature declares this policy to be of statewide
concern with the purpose of -occupying the field to the
exclusion of municipal zoning, building and fire codes and
regulations governing the use or occupancy of family day-
care homes for children, except as specifically provided for
in this chapter, and to prohibit any restrictions relating
to the use of single-family residences for family day care
homes for children except as provided by this chapter..
(b) Every provision in a written instrument entered into
relating to real property which purports to forbid or
restrict the conveyance, encumbrance, leasing, or mortgaging
of such real property for use or occupancy as a family day
care home for children, is void and every restriction or
prohibition in any such written instrument as to the use of
occupancy of the property as a family day care home for
children is void.
(c) Every restriction or prohibition entered into, whether by
way of covenant, condition upon use or occupancy, or upon
transfer of title to real property, which restricts or
prohibits directly, or indirectly limits, the acquisition,
use, or occupancy of such property for a family day care
home for children is void.
CDCA1991-51 fi
Qct 4
•
Section 1597.45. Small family day care homes
All of the following shall apply to small family day care homes:.
(a) The use of single-family residence as a small family day
care home shall be considered a residential use of property
for the purposes of all local ordinances.
(b) No local jurisdiction shall impose any business license,
fee, or tax for the privilege of operating a small family
day care home.
(c) Use of a single-family dwelling for purposes of a small.
family day care home shall not constitute a change of
occupancy:for,purposes of Part 1.5 (commencing with Section
17910) .of Division, 13 (State Housing - Law). or,; for -,.:,purposes of
local buildngcodes..
(d) A small family daycare home,s.hall not be subject .to the
provisions of Article,l.(commencing with.Section.'13100) or
Article 2 (commencing with Section 13140) of Chapter 1 of
Part 2, except that a -small family day-care home: shall
contain'a fire extinguisher and smoke detector.*device that
meet standards established by the State Fire Marshal.
Section 1597.46. Large family day care homes
All of the following shall apply to large family day care homes:
(a) A',c,ity;� county,..-or.,city�and county. shall not 'prohibit-,, argw
family, day; care, homes on:.lots zoned for dingle -family;
dwellings, but siia`1`1 "`do`one "of :the "following:
(1) Classify these homes as a permitted use of residential
property for zoning purposes.
CDCA1991-54
Suction 1597.46. (Continued)
(2) Grant a nondiscretionary permit to use a lot zoned for
a single-family dwelling to any large family day care
home that complies with local ordinances prescribing
reasonable standards, restrictions, and requirements
concerning spacing and concentration, traffic control,
parking, and noise control relating to such homes, and
complies with subdivision (d) and any regulations
adopted by the State Fire Marshal pursuant to that
subdivision. Any noise standards shall be consistent
with local noise ordinances implementing the noise
element of the general plan and shall take into
consideration the noise level generated by children.
The permit issued pursuant to this paragraph shall be
granted by the zoning administrator, if any, or if
there is no zoning administrator by the person or
persons designated by the planning agency to grant such
permits, upon the certification without a hearing.
Require any large family day care home to apply for a
permit to use a lot zoned for single-family dwellings.
The zoning administrator, if any, or if there is no
zoning administrator, the person or persons designated.
by the planning agency to handle the use permits -shall
review and dec.idle-,The the applications. usermiui
CDCA1991-55
- - Pa, g (G
j:�P"7••�^`r.�...► aasiyc suu.iij-- ilVillC ;•
complies_'W t — ocal=--ordinances,cif=any,�presck bing,
reasonable :standards restrictions; and�requiiements;
_
concerning spacing+ -and aconcen"tratiioon;;traffic control,
;
parking,_ and noise controlfrel�at n_g to such homes, and'
complies with7suiidiv sion (dj�and_any regulations "
adopted-bywthe ste�Fr a Marsiialpuua
ta rsnt to7tfiatl'
�A
subdivis on: �Ainy-noise+standad
rs--shall-be consistent
h moo;
with local noise ordinances implementing�the_noise.,;;
►�(a- 0JL
W ���
element of the general plan ;and shall take�into4
consdeication thenoiselevelsngeierated��by>ctiildren..
".a _
"s}iall``
The``local ove�rnme-_
rocess an re- permit,
g p y quired
as economically as possible, and fees charged for
review shall not exceed the costs of the review and
permit process. Not less than 10 days prior to the
date on which the decision will be made on the
application, the zoning administrator or person
designated to handle such use permits shall give notice
of the proposed use by mail or delivery to all owners
shown on the last equalized assessment roll as owning
real property within a 100 foot radius of the exterior
boundaries of the proposed large family day care home.
No hearing on the application for a permit issued
pursuant to this paragraph shall be held before a
decision is made unless a hearing is requested by the
applicant or other affected person. The applicant or
other affected person may appeal the decision. The
appellant shall pay the cost, if any of the appeal.
CDCA1991-55
- - Pa, g (G
Section 1597.46. (Continued)
(b) A large family day care home shall not be subject to the
provision of Division 13 (commencing with Section 21000) of
the Public Resources Code.
(c) Use of a single-family dwelling for the purposes of a large
family day care home shall not constitute a change of
occupancy for purposes of Part 1.5 (commencing with Section
17910) of Division 13State Housing Law), or for purposes
of local building and fire codes.
(d) Large family day- care homes•_. shall.be, considered. as, single-
family residences for the purposes of the State,'Uniform
Building Standards Code and local building and fire codes,,-...'
except with respect to any additional standards specifically
designed to. promote the fire and life safety of the children
in these homes adopted by the State Fire Marshal pursuant to
this subdivision. The State Fire Marshal shall adopt
separate building standards specifically relating to the
subject of fire and life safety in large family day care
homes which shall be published in Title 24 of the California
Administrative Code. These standards shall apply uniformly
throughout the state and shall include; but not be limited
to: (1) the requirement that a large family day care home
contain a fire extinguisher or smoke detector device, or
both, which meets standards established by the State Fire
Marshal; (2) specification as to the number of required
exits from the home; and (3) specification as to the floor
or floors on which day care may be provided. Enforcement of
these provision shall be in accordance with Sections 13145
and 13146. No city, county, city and county, or district
shall adopt or enforce any building ordinance or local rule`
or regulations relating.to the subject of fire and life
safety in large family day care homes which is inconsistent
with those standards adopted by the State Fire Marshal,
except to.the extent the building ordinance or local rule or
regulation applies.to single-family residences in which day
care isnot provided.
(e) No later than April 1, 1984, the State Fire Marshal shall
adopt the building standards required in subdivision (d) and
any other regulations necessary to implement the provisions
of this section.
CDCA1991-56 , I`1
Section 1597.47. Local public entities; restrictions on
building heights, setback, or lot dimensions;
application of local ordinances; abatement of
nuisances
The provisions of this chapter shall not be construed to preclude
any city, county, or other local public entity from placing
restricts on building heights, setback, or lot dimensions of a
family day care facility as long as such restrictions are
identical to those applied to other single-family residences.
The provisions of this chapter shall not. be construed to preclude
the application to a family day care facility for children of any
standards,--environmental—impact standa`rds_�or-any other matter
within-the=jurisdiction=of a local=pub-lic=entity. The provisions
of this chapter also shall not be construed to prohibit or
restrict the abatement of nuisances by a city, county, or city
and county. However, such ordinance or nuisance abatement shall
not distinguish family day care facilities from other single-
family dwellings except as otherwise provided in this chapter.
Response to the Memorandum from Harry Hogan to Honorable
Chair and Planning Commission dated 3/28/96
TO: Honorable Chair and Planning Commission
FROM: Deborah Willsey
Mr. Hogan suggested that my neighbors and I meet with him to
discuss conditions that would mi•tia_ate the concerns that have
been expressed.
Although I wish to alleviate -the concerns of my neighbors, I
felt that further investigation of the current policy
applying to daycare use permits needed to be reviewed. Until
this was done by a higher authority, I would be unsure of my
rights as a single family resident of the county. Therefore
I could not discuss the "noise" issue with a clear
understanding of the county's position.
Regarding the traffic and parking concerns:
In my conversation with Mr. Hogan I was told he responded to
Mr. Hansen by stating that it had been determined that
traffic and parking were adequate and would not impact the
neighborhood.
Regarding the allegations that there are more than 6 children
presently being cared for at my daycare now:
Up until three months ago, my daycare was licensed for 12.
The clients that were established for this school year have
been juggling L•jork schedUles and attempting daily contact
with me to see if I would have room for their children. We
have been very fortunate that my husband, Steve Blankenship,
continued to carry OUr license for 12 at my former residence
which is around the corner. He has generously allowed us the
flexibility to call on him when more than 6 children needed
care. This situation only develops occasionally with the
after-school kids at 2:45. He is then able to take these
children to his house.
Remaining on an on-call situation for the last ti months
has riot been exactly easy for him. It also has been
difficult for parents. Which house are their children being
cared for at? Where do -they pick- them up? Luckily they
trust the integrity of both Steve and I and have been
understanding during -this transition period. The lengthy
process of requiring a use permit has certainly placed a
severe burden on myself and many, many others. Please read
Section 1597.30 section (f) (on page 3 of the CA Child Care
Act of the Health and Safety Code).
Steve does not have the intention of continuing day care
at -this time. He is simply trying to support me in this
period of transition. We do not have the clientele to
support 2 daycares.
4
MEMORANDUM
. r
TO: Honorable Chair and Planning Com -ssion
cl
FROM: Barry K. Hogan, Planning Manager .
SUBJECT: MUP 96-09 -Minor Use Permit f eborah WIed a scare y on centersor1no more
A request for a Minor Use Permit
a li (Low Density Residential), located
cens
than 12 children on property
imately 400 feet north of Highway 32, Forest
at 15544 Nopel Avenue, approx
Ranch. This project is located in Supervisorial'District 3.
DATE: March 28, 1996
SUMMARY: This project came before the Planning Manager on March 25 for consideration
hers were two people
of approval with conditions of a family day care on a residential lot.
present at the hearing, Mr. and Mrs. Hanson, neighborsGuninell submitted tted letters
he
applicant was not present. The Hansons, as well asMargaret
in objection to the application due to increase traffic, noise, and incompatibility with the
ay be
e to be
oped
ich
character of the neighborhood. Although conditions m o neighbors it was It that since the applicant wasnot
would meet the concernscourse of ac ion would be to deny the application and direct that a full
present that the best .
hearing be held by the Planning Commission.
and her
Wehave had conversations with the applicant and have offered to meet bieh her parties
neighbors to see if conditions emomeeting hasbeen held
ld be npwould
p
involved. At the time of this memorandum
RECOMMENDATION: It is recommended that the Planning Commission open the public
hearing, take testimony pro and con, and
1. If there does not appear to be a reasonable opportunity to resolve the neighborhood
concerns with conditions of approval acceptable to all parties, deny the Minor Use
ith the character of the neighborhood;
Permit based upon incompatibility w
70M
2. If there appears to be a reasonable opportunity to resolve the neighborhood
concerns with conditions of approval acceptable to all parties, direct staff to work
with the applicant and the neighborhood to come up with an acceptable set of
conditions to all parties and come back to the Commission in 2 weeks for approval.
k:\projects\willsey.mup\willsey.mem
# Butte County # Department of Development Services # Planning Division #
BUTTE COUNTY PLANNING SERVICES MEETING
MINUTES - September 11, 1995
The meeting was called to order at 10:08 a.m. in the 7 County Center Drive Conference Room, Oroville, CA.
Present: Barry Hogan, Planning Manager, Lynn Richardson, Record Secretary
Also Present: Mr. and Mrs. Hansen
I. ITEM FOR CONSIDERATION
A. Deborah Willsev - (Item determined to be categorically exempt from environmental review) Minor
Use Permit to allow a licensed day care center for no more than 12 children on property zoned R-1
(Residential) located at 15544 Nopel Avenue, identified as AP 063-150-018, Forest Ranch.
Mr. Hogan called the meeting to order noting that the applicant had been notified, but was not present. Mr.
Hogan said to let the record show that Mr. and Mrs. Hanson were in attendance and had also submitted a
�do,e7 letter in opposition to this permit. He said the staff report has been prepared and recommends approval. He
.�,r,MS►. said the State exempts all local jurisdictions if the care home is for six or less. He said over six and the
County has to go though the hearinroces. He said this action will go forward to the Planning Commission.
If the recommendation is for approval, this i em will be placed on the Planning Commission Consent Agenda.
The Planning Commission can pull the item if there is objections and set a public hearing. Mr. Hogan noted
another letter received from Margaret Gunnell in opposition due to noise and the use not being compatible
with the area. Mr. Hogan said he was inclined to deny this request and advertise and notice a full hearing at
the Planning Commission rather than putting this on the Consent Agenda. He read the findings the
Commission would have to make, from the Agenda Report, to approve this project.
Mr. Hogan said based upon testimony, in writing,and that the findings can not be made to approve this
request, that the request is not compatible with the neighborhood based on noise from children outdoors, deny
the request and direct it be scheduled at the Planning Commission and that the applicant and neighbors be
notified.
Mr. Hansen said the number of children is a factor, that the more children the greater the noise. He said traffic
and parking is also a problem with a larger number of children. Mr. Hanson said there are more than 6
children at the day care now.
� away frid 4fr. H0J.n da;d -fr041� 4 pc+rkig Aas "m cb rm,i � * adek—*-
Mr. Hogan said staff will investigate to see if the applicant is in violation of the zone and will notify the applicant
to abate the violation. -9 5�.4ao )rgka.t k4ra_ AQ.s
II. ADJOURNMENT
The fneeting was adjourned at 10:20 a.m.
RY
by Lynn, Butte County Records Secretary.
BUTTE COUNTY PLANNING SERVICES MEETING # MINUTES # PAGE 1
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`tin i h 1551�-e ,
• 0 ,vel yAbot
Apri 1 4, 1996
To: Butte County Planning Commission
Re: Deborah Willsey's use permit denial
It is my understanding that Deborah Willsey was denied a use
permit that would allow her to increase her ability to care
for up to 12 children. For the last 4 1/2 years Debby and
Steve have been running their daycare, which was licensed for
12, next door to me. I own the gas station that is adjacent
to their property.
Four and 1/2 years ago when I first heard that a daycare was
moving in next door to me, I admit I Had a lot of concerns.
In talking to Debby & Steve I realized that the; did care
about my needs. They put up a strong fence that laid to
rest most of my concerns. Over time I found that: it didn't
bother me at all. I am at the station during the same time
that the daycare was open. I could hear- kids playing outside
sometimes, but since there are kids around town all the time,
it didn't seem like any big deal. In fact, it isn't the kids
that were in the day care that ever created any problems for
me, if anything, it's the kids roaming around not in the day
care.
I think: that it's important that you allow Debby to continue
serving our community by allowing her to have her use permit
so she can keep her day care open. She is a vera'
conscientious neighbor, and seems to know how to handle kids
well. Her new house is one house away from my station now.
We see her taking walks with kids in the: morning obviously
teaching the kids street safety. Seems to me, we need people
around to take care of children while parents are at work.
She couldn't have put her business much closer to the
center of town. Where else are they suppose to go?
Thanks, �,
-J G�
Scott Neuhart
Scott's Auto
April 1, 1996
Dear Sirs:
I am writing this letter in support of Ms. Deborah Wilsey and her recent request to
expand her day care from a small family day care to a large family day care allowing
her to care for 12 children.
It is my understanding that Ms. Wilsey's use permit was denied based on the complaint
of one family. It seems to me that you neglected to consider the needs of the other
families and members of this community. I understand the complaint came from a
neighbor who is retired and was able to attend the hearing on this decision. Did you
ever stop to think that there are many people who are on the other side of the issue,
but simply could not attend this hearing because they were working? What about
scheduling a hearing in the early evening so that all interested parties could attend
and voice their opinions.
My husband and I live directly across the street from Ms. Wilsey's former daycare site.
In no way did it effect our lifestyle or disrupt our lives. My work schedule requires early
morning hours, so I was often home in the early afternoon. My husband's work
schedule is also varied. In fact, 'his days off are during the week. The day care in no
way was a disturbance.
In today's economy single income are no longer the norm they are the exception. Both
parents are in the work force giving them with no other option but to leave their
children in daycare. Ms. Wilsey's daycare provides a very needed service for the
families of Forest Ranch. As an expectant parents my husband and I are planning to
discuss child care with Ms. Wilsey.
Your decision to deny the use permit for a large family day care is unfair. It severely
limits the amount of money that Ms. Wilsey can earn to support her family. And it effects
the community too. If Ms. Wilsey is only allowed to care for six children, she will have to
turn away other children forcing their parents to look for day care in another area.
•
I strongly urge you to reconsider your decision on this use permit. Your decision effects
not just one family, but many. The needs of the community should be one of the most
important factors you consider when making this decision.
I would like to attend the hearing in person, but I too am a working parent and X "
schedule does not allow it. Please accept my letter as support of expanding Ms.. I
Wilsey's day care to a large family day care.
If you need further input you are welcome to call me at 893-4095 wk or at 895-0408
home. I do hope you make the best decision for everyone involved.
Sincerely,
Melissa M. Gebicke
0
April. 2, 1996 Valley Oak
Children's Services
Planning Commission County of Butte
7 County Center Drive
Oroville,.:CA 95965
SUBJECT: Use Permit
Ta .the Planning Commission:.
.I .have just.become aware that Debra.Wilsey is in the process of an
appeal' hearing. on. her recent denia.l. of a use permit ' to operate a
large .family day care home.
As-.. you .are probably aware, . California' Health and -Safety. Code
..Section. 1597. 46:(2) : provides that local .planning shall !grant a
nondiscretionary. permit, to , u'se a.. lot zoned for. . single-family
dwelling. to a large family .day care . home :that complies with local
ordinances ..prescribingreasonable standards, restrictions,and.
requirements concerning spacing and concentration traffic control
Parkin -ca and noise control.. ..« Additionally, Section 1597.46(d.)
goes on to state that "no.. --County. shall adopt,or enforce any
building ordinance. or local rule or. regulation relating. to the'.
subject of ..-..life-.'afety in a large family day care home except
to the extent that the building. ordinance or local.rule or
regulation -also applies to. all single family residences in which
. • day care .is not provided.
It would seem' that' requiring' large family day care homes to go
through unique sewage disposal requirements, is in direct conflict
with the State's preemption -.law regarding zoning of. large family
day care homes. I would encourage the Planning Commission to deal .
only with the areas.'as prescribed -by law and, to. no longer require*
large family day; :care .homes as part of 'the use permit process -to
meet unique water or sewage disposal requirements not currently
being required of. other single-family residences in which .day care
is not .being: provided. .
The -need for. quality, - affordable,' conveniently located. child care
has become o-ne:af.the most pressing -concerns -of modern life. As -a'
Child.Care Resource and Referral Agency, we receive calls .everyday.
from. Butte County families in need of .child care,_ and are often
unable to meettheir needs d.ue to the limited number of child care
.facilities in the' county. The community of ' Forest Ranch -as: well as
other communities within .Butte County are still very -much in need
of more child. care facilities in order to meet the. ever growing.
need of families.in 'our county.
Serving Butte and Glenn Counties
287 Rio Lindo Avenue • Chico, CA 95926 • (916) 895-3572 • Outside Chico area 1-800-345-VOCS
Valley Oak Children's Services is committed to the development and
expansion of quality, licensed child care and encourage you to join
us in support of new child care facilities. I urge you to consider
an option that will meet the zoning needs of our community as well
as encourage experienced family day care providers to expand so
that the critical need for child care can be met.
If you would like information on other communities' ordinances,
need information on licensing standards, or have any other
questions, please call me at 895-3572.
Sincerely,
VALLEY OAK CHILDREN'S SERVICES INC.
Gloria Balch
Community Services Coordinator
enclosure:
cc: Debra Wilsey, Child Care Provider
Hudson Johnson,'Child Care Advocate, Department of Social
Services, Sacramento
Child Care Law Center - San Francisco
Chico Unified School District Where
STUDENTS
Forest Ranch School, 15815 Cedar Creek Rd., Forest Ranch, CA 891-3154 are the
FIRST
Priority
April 2, 1996
Butte County Board of Supervisors
Butte County Planning Commission
County Administration Center
25 County Center Drive
Oroville, CA 95969
Dear Ladies/Gentlemen:
I am writing to you regarding Forest Ranch Family Day Care, which is apparently the only currently
licensed day care provider in Forest Ranch. Many of our current Forest Ranch Elementary School
students - throughout the grade levels - are alumni of the Forest Ranch Family Day Care center.
(We currently have nearly 120 students enrolled at Forest Ranch Elementary School). As
professional educators, we are supportive of the efforts of a day care provider who has gone through
the complicated and expensive process of setting up and maintaining a licensed day care center in
our community. Deborah Wilsey, of the Forest Ranch Family Day Care, has demonstrated that
commitment over the past four and one-half years in the Forest Ranch community.
A significant disadvantage of a rural mountain community is the shortage of licensed day care
providers. Many of our Forest Ranch parents work in Chico and find it very difficult to provide after
school care for their children who attend Forest Ranch School. A licensed day care center in our
community goes a long way to help alleviate this problem. The Forest Ranch Family Day Care
center is presently located near the Fire Department, downtown gas station, and the town center. It
is currently only a short distance from its original location (just around the corner). I encourage you
to give strong consideration to Ms. Wilsey's current licensing application, so that she can continue
to provide the after-school child care service to our Forest Ranch families.
Sincerely,
'�Lk m .
Mark S. Gailey
Principal
Administrative Office * 1163 East Seventh Street * Chico, CA 95928-5999 * (916) 898-3000
•
.dpi? T. 1995 Page 1
Mr. B ar^y Hong.
Planning -Manager
Butte County Planning Commission
7 County Center Drive
Oroviile. CA. 95965
Mr. Hovan. Board Members.
We are writing this letter in support of a use permit for Forest Ranch Daycare submitted by
California Daycare and Debby NV llsey.
Th: rt: -.d for a LicerWed Daycare facility in Forest Ranch is Great. Working fami'.ies in this
area need these services to accommodate conflicts in scheduling between employment and
school. \lost _mpioym- ent opportunities occur in Chico, while elementan! school �cti�,it_es
happen in Forest Ranch. .
The trend for lame Da-�care facilities located in comiiiercial zones may be a popular
method in largely populated areas, ho%sever, it is just not feasible in the outlying areas.
The present location of this facilit`, is ideal. Virtually across the street from the fire
department. "School b -as stop. literally the commercial center of our town. In fact this
location is closer to our commercial area than the old facility. Emerszenev response time
would be minimal.
Forest Ranch Daycare has been operating for four and half years «ithout a complaint at
the other location. This facility closes at 5:31 pm. Nlost daycare operations go much later
than that. Inside actitiities are taken advantage of to reduce time spent outside.
This facility is not so lame that is similar to that of lh'inv nett to a school. The atmosphere
is very controlled and the children well behaved. Most of the kids are infants that do not
even ao outside to olay.
Also. by most of the kids being infants. the need for septic expansion isTunnecessan' due to
the fact that disposable diapers are utilized. a septic expansion would cause additional cost
that would prove prohibitive to the facility operation. Present conditions, (Zhouid be aiiov e(l.
Please see Paae
Pago
Daycare is an important component of any successful community in these times of two
income households. a safe. well disciplined environment for our children. that is
considerate of the surrounding neighbors can be achieved in this situation.
Perhaps the unsupervised youngsters riding motorcycles down the street could be a result
of a lack of this service?
Please reconsider the denial of this use permit.
Respectfully Submitted,
l,iichael and Debra Ludlow
P4 Bos 504
Forest Ranch. California
916-89-5-1953
To whom it may concern at -the Butte County Planning Department:
F% day care is importwa to our,
Day care gives our son a good social and learning
environment.
We picked the Forest Ranch Day Care because it is close to
our home and we really liked the way that Debbie Willsey let me
stay and see how Justin would adjust to the new environment. I
also asked a lot of questions and -Debbie gladly answered all of
them. We also liked the fact that we could stop by any time to
see how thing were going.
The location is good because it only takes about ten minutes to
take Justin to day care and get back home. If -I had to find
another day care it would take a good hour for me to take him to
Chico. That is, if I could find a good day care that we could
afford and, more important, that I could trust with our son.
Justin was very dependant on me to the point that he would
not even play with other kids. I could not get things done in
our home. I put him in day care so he would learn to play on his
own and with other kids. He also needed to know that I would come
back to get him.
Now that we have a new baby it is very important for Justin
and myself to get our break. He needs time to play and be with
his friends. It is a big adjustment for all of us. I also need
rest that I would not get if he was home. A rested mom is a good
mom. We are planning to put our daughter in day care when she
gets older. We want our kids together.
Justin has adjusted very well to the day care. He has made
friends with the kids and with Debbie. I feel moving him to a new
day care would be a hard adjustment that we do not want to go
through.
Sincerely,
Debra Dietrich Evan Dietrich
0
Butte County Planning Commission 4-01-96
To whom it may concern,
We have recently been notified of the denial of a use permit for day care by our day
care provider, Debbie Willsey. This is a matter of great concern for us as working parents. At
the present time there is no other structured day care facility in Forest Ranch, and it is unlikely
that there will be another one in the near future. This means that we would be forced to move
our children to a day care facility in Chico. The result of this move would be the withdrawal of
our children from Forest Ranch School. Low enrollment has already caused the loss of one
teaching position at the school. Loss of the day care would cause hardship to the parents and
their children, and possibly to others in the community.
Forest Ranch Family Day Care has been operating in our neighborhood for almost 5
years. During that time no complaints were ever made about noise or traffic. We live
approximately 4 lots up the street from the day care, and have never been bothered by its
presence. Since it is only moving a few hundred feet from it's present location, we must
question the reason for denial of the permit. The day care is only 1 lot removed from the Fire
Station, which is right across the street from the communities only gas station. The impact of
children playing is minimal in comparison to this relatively busy intersection.
After reading in.the Health and Safety Code, chapter 3, sections 1596 and 1597,
concerning the California Child Care Act of 1991, the decision to deny the permit seems to
conflict with this legislation. We also feel that the need for a hearing in this matter is
unnecessary, and an undue hardship to the working parents involved. We ask that the use permit
for Forest Ranch Family Day Care be granted as soon as soon as possible. Your swift attention
to this matter is greatly appreciated.
Sincerely,
MffB. oelofson
�ti:✓ �,t� �/ � ?moi � L/
Barbara Wagner Roelofson
15309 Forest Ranch Way
Forest Ranch, CA.
P.O. Box 8836
Chico, CA. 95927
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0
March 29, 1996
Butte County Planning Department
#5 County Center Drive
Oroville, CA
Attn. Butte County Planners
Dear Butte County Planners,
I am writing this letter on behalf of an application filed by the proprietor of my children's
Day Care. Debra Willsey has applied with your department to extend the limit on her Day
Care establishment, located at 15544 Nopel Avenue, Forest Ranch, to twelve children. Since
Debra has cared for my three children at her previous location (around the corner from her
current location) for at least four years, I feel compelled to question your denial of her
current application.
It is my understanding that the current application was denied on the basis of a single
complaint which was strongly grounded on the issue of a noise violation, there are several
reasons to question the validity of this argument. Since Debra operates her establishment
only in the daylight hours, and has in fact cut her hours back from closing at 6:00 PM to
her new closing at 5:30 PM, I feel that the issue of Daytime noise should be more carefully
considered. If in fact the County feels daytime noise of a Daycare is a valid factor who is
going to want the next Elementary School built.in their proximity. Additionally a visit to
the sight would reveal the fact that a Fire Station is operating around the clock within 75
Yards of the Daycare location. In addition to this Fire Station the corner is shared with
the only Service Station in Forest Ranch. This location is in fact one of the most
commercial locations in the community as well as being very centrally located for the drop
off and pick up of our children. The former location of Debra's Daycare was in fact more
residential in nature and the permit was granted for that location.
In addition to this consideration, I know of no other licensed Daycare in our community,
where are we to take our children for good quality, economically sustainable Daycare As I
stated before my children have been under Debra's care for a number of years, to the best
of my knowledge no complaints were raised in the previous location. In the case of my
children (and many others) two of them are attending Forest Ranch Elementary School
from 8:00 AM until 2:30 PM, so they are not even at the Daycare for most of the day.
In closing, as a dual income, dual professional, dual taxpaying, family I personally view this
initial decision as an affront to the personal property rights of one individual by an
unfortunately more vocal complainant, I urge you to reconsider your LEGALLY AND
FACTUALLY FLAWED DECISION.
Sincerely,
Dan And Ginny Vernau
April 2, 1996
Butte County Planning Commission
25 County Center Drive
Oroville, CA
Re: Deborah Willsey, Forest Ranch Daycare
We are writing this letter to you to express our concerns
regarding the possible closure of the only licensed daycare
facility in our home town of Forest Ranch.
Four and a half years ago Deborah Willsey established the
first licensed daycare in our town. She has operated this
facility successfully without complaints from neighbors or
other businesses. Deborah has brought something very vital
to our community - piece of mind for parents.
Our children have been going to Deborah's for approximately
1-1/2 years. They look forward to this time for social
interaction in a town where this is very limited. The home
is a very clean and safe environment. It is conveniently
located in "downtown" Fores- Ranch, across the street from
the Volunteer Fire Department. This is the only licensed
facility in our town. In a town with 2000+ residents, there
is me licensed daycare facility, and now that is being
threatened. The closure of this facility would have a major
negative impact on us and others like us in our community.
Our alternatives are undesirable choices: latchkey;
unlicensed, unreliable home daycare; removal of our children
from their hometown school to be placed in Chico or Durham
schools where daycare is more abundant. Why should our
children have to'pay these kinds of prices?
Twelve years ago we moved to Forest Ranch to ,escape the city
life and found a small, quiet, close-knit, caring community
0 i
- an ideal setting for raising a family. Our boys, Clinton
and Zachary, are ages 9 and 6. Our little Forest Ranch
School is a wonderful school. -The upper class has a very
good and protective relationship with the younger class.
Our children love their school. It is a vital part of their
social well-being, as is the daycare center they attend
after school.
We find ourselves waiting in limbo here scrambling to cover
a void that has been created by your ruling. Where do you
find daycare in a town that now has none? Will we be forced
to uproot our children from their school? Will they be back
next year? Moving our children to another school would be
our most -likely alternative - an alternative that would not
sit well with them or us. We ask you please, allow Deborah
to continue her quest for quality, affordable, licensed
daycare in Forest Ranch.
Sincerely,
I
Debra & Matthew Woodbeck
P.O. Box 192
Forest Ranch, CA 95942
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Section'1597.40. Public policy to provide home environment,
residential surroundings; prohibition of
restrictions governing acquisition, use,
occupancy, etc., of real property
(a) It is the intent of the Legislature that family day care
homes for children must be situated in normal residential
surroundings so as to give children the home environment
which is conducive to healthy and safe development. It is
the public policy of this state to provide children in a
family day care home the same home environment as provided
in a traditional home setting.
The Legislature declares this policy to be of statewide
concern with the purpose of -occupying the field to the
exclusion of municipal zoning, building and fire codes and
regulations governing the use or occupancy of family day-
care homes for children, except as specifically provided for
in this chapter, and to prohibit any restrictions relating
to the use of single-family residences for family day care
homes for children except as provided by this chapter.
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O� t�-ealt-L.-Sa�� Code_ Tire
ehc�cned .
■ Chapter 24 of the Butte County Code ■
APPLICATIONS C\
SECTION 2440 ADMINISTRATIVE PERMITS.
A. Purpose and Intent: The purpose and Intent of this section is to designate a category of uses that
are consistent with the basic purpose of a particular zone and provide a standard set of
requirements or conditions and a procedure to allow those uses subject a ministerial review. No
public hearing or notice to adjacent land owners shall be required. Land uses that require an
Administrative Permit are specked in each individual zoning district..
B. Administrative permits may be approved and issued by the Planning Manager subject to the
following requirements and procedures:
1. Applications for Administrative Permits shall be submitted on an application/permit form
approved by the Planning Manager which will contain the. standard conditions of approval,
a space for any other conditions necessary to insure compatibility of the use with
surrounding properties and a place for the applicants signature acknowledging agreement
to comply with the terms and conditions of the use.
2. The application will be reviewed by the Planning Manager for compliance with the standard
conditions and, upon finding that the request complies with the conditions, the
application/permit form will be approved by the Planning Manager and Issued.
SECTION 24-41 MINOR USEyPERMITS
`. A. Purpose and intent: The Section provides procedures for the preparation, filing, processing by the
Planning Division, and the approval, approval with conditions, or denial of a discretionary permit that
authorizes specific land uses on specific sites. Land uses that require a Minor Use Permit are
specified in each individual zoning district
B. Application and review procedures:
1. Applications for a Minor Use Permit shall be made in writing on a form prescribed by the
Planning Manager.
2. Applicants shall be noted in writing of incomplete applications within thirty (30) calendar
days of the mailing of said notice. Failure to so respond and complete the application, may
result in the application being deemed abandoned, and no further action shall be taken
upon it
3 All applications for Minor Use Permits shall be reviewed by the Planning Division and
forwarded to other applicable County agencies or departments for review and comments.
The review period shall not exceed 14 working days. Upon completion of the review
period, a recommendation to either approve or disapprove the request shall be submitted
to the Planning Manager for a decision on the project. The report to the Planning Manager
shall include any recommended conditions of approval.
4. The Planning Manager shall provide public notice of the proposed project. The notice shall
include a general explanation of the matter being considered, a general description of the
area to be affected and the date and location of the public hearing. The notice shall be
given by mail to the 10 closest properties to the subject parcel at least 10 calendar days
■ Comprehensive Zoning Ordinance ■
11 -11 Revised by Ord. 3164
■ Chapter 24 of the Butte County Code ■
prior to the public hearing. Said notice shall be mailed to said property owners using the
address from the latest equalized assessment roll of the County of Butte. Failure to receive
the notice shall not invalidate any action on the application.
C. ARproval or disapproval: After holding the public hearing, the Planning Manager, shall make the
findings of intent to recommend approval or denial of the project to the Planning Commission.
Approval of a Minor Use Permit can be as it was applied for or in modified form and conditions may
be Imposed. Conditions may include, but shall not be limited to requiring:
1. Special yards;
2. Open spaces;
3. Buffers;
4. Fences;
5. Walls;
6. Height of buildings, walls or others structures;
7. Installation and maintenance of landscaping;
8. Street dedications, medians, and improvements;
9. Regulations of points of vehicular ingress and egress;
10. Regulation of traffic circulation;
11. Regulation of signs;
12. Regulation of hours of operation and methods of operations;
13. Control of potential nuisances;
14. The prescription standards for maintenance of building and grounds;
15. Prescription of development schedules and development standards;
16. Limit the life of the permit;
17. Such other conditions as the Planning Manager may deem necessary to ensure
compatibility of the use with surrounding developments and uses and to preserve the public
health, safety, and welfare.
The project along with the recommendation of the Planning Manager and any conditions of approval
shall then be set as a consent agenda item before the Planning Commission. The Planning
Commission may only confirm the recommendation of the Planning Manager as a consent agenda
Rem, approving or denying the permit. If the Planning Commission wishes to change any of the
-conditions or. take an a ,tion that is different from the recommendation of the Plannir+g I�lanager, the
Rem must be removed from the consent agenda, set for a public hearing, and noticed in the same
manner as specified in (b) above.
D. Findings. The approving authority shall make the following findings before granting the permit;
1. That the proposed location, size, design, and operating characteristics of the proposed use
is in accordance with the purpose of this Ordinance, the purpose of the zone in which the
site is located, the Butte County General Plan, and the development policies and standards
of the County; and
2. That the location, size, design, and operating characteristics of the proposed use will be
compatible with and will not adversely affect or be materially detrimental to adjacent uses,
residents, buildings, structures, or natural resources, with consideration given to:
a. Harmony in scale, bulk, coverage, and density;
b. The availability of public facilities, services and utilities;
C. The harmful effect, if any, upon desirable neighborhood character,
■ Comprehensive Zoning Ordinance ■
Revised by Ord. 3164
11-12
■ Chapter 24 of the Butte County Code ■
d. The generation of traffic and the capacity and physical character of surrounding
` streets;
e. The suitability of the site for the type and intensity of use or development which Is
proposed;
f. Any other relevant impact of the proposed use.
3. That the proposed location, size, design, and operating characteristics of the, proposed use
and the conditions under which it would be operated or maintained will not be detrimental
to the public health, safety, or welfare, or materially injurious to properties or Improvements
In the vicinity.
4. That the proposed use will comply with each of the applicable provisions of the Chapter,
except for an approved Minor Variance.
E Appeals• The appeal procedure for any action taken by the Planning Commission on a Minor Use
Permit request shall be the same as for a Use Permit as specified In Section 24-45.30.'.
F. Lapse of Minor Use Permit. A Minor Use Permit shall lapse and shall become void one year
following the date on which the It was approved, unless prior to the expiration:
1. A building permit is issued and construction Is commenced and diligently pursued toward
completion on the site which was the subject of the use permit application; or
2. A certificate of occupancy is issued for the structure which was the subject of the Minor
Use Permit application; or
• 3. The site is occupied in accordance with the Minor Use Permit, if no building permit or
certificate of occupancy Is required, or
•
4. The use which was the subject of the Minor Use Permit application is commenced, provided
that a Minor Use Permit for a public utility installation may be valid for a longer period if
specified by the Planning Manager.
A Minor. Use- Permit subject to lapse may be renewed for an additional period of to one 1,or,
provided that 60 calendar days prior to the expiration date, an application for renewal of the Minor
Use Permit is filed with the Planning Manager on the prescribed form and accompanied by the
necessary data and fees.
The approving authority may grant or deny an application for renewal of a Minor Use Permit
The Minor Use Permit shall expire and the permit shall thereafter be of no further force or effect if
the use, business, or service for which the Minor Use Permit was issued terminates or ceases
operation for a continuous period of time in excess of one hundred and 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.
■ Comprehensive Zoning Ordinance ■
11 -13 Revised by Ord. 3164
Itl 141 ti(.
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'1BBYJ.COIir•N CHILD CA'' tiW CENTER
•na6lns /�llomey
CAROL S. STEVENSON 2, I, 5th Floor
RalfAtlomey -San Fr. ;fornia 94105
KIM S7RASSBURCL•R Telephone l ... ? 495-5498
Slaf(Allemey
BARBARA CARISON
Stall Atlomey
MARCIA ROSEN
Spedal Counsel
September 21, 1990
Mr. Denis Cook
Assistant Director of Planning
Nevada County Dept. of Planning
950 Maidu Drive
Nevada City, CA 95945-
Dear
5945-
Re: Large Family Day
Care Zoning
Dear Mr. Cook:
I am writing you at the request of heather Urban, a licensed large family
day care provider in Nevada City. Ms. Urban has contacted our office
regarding the impending enforcement of Nevada. County's Child Day Care
Ordinance, Sec. L -II 3.42, against her family day care home.
I represent the Child Care Law Center, a legal services organization which
works throughout the state to promote the availability of quality, affordable
child care. In this capacity I have worked with child care advocates on local
zoning ordinances governing large family day care homes as jurisdictions amend
local laws .to come into compliance with the mandates of state law.
California Heath and Safety Code Section 1597.46(2) provides that a county
shall "grant a nondiscretionary permit to'use a lot zoned for a single-family
dwelling to any large family day care home that complies with local ordinances
prescribing reasonable standards, restrictions and requirements concerning
spacing and concentration, traffic control, parking and noise control... ."
Additionally, ection 597._4�(a) goes on to state that"no ... county ... shall
adopt or enforce any building ordinance or local rule or regulation relating to
the subject of ...life safety in large family day care homes ... except to the
extent that the building ordinance or local rule or regulation applies to
single family residences in which day care is not provided." ,
Upon review of Nevada County's Child Day Care Ordinance as well as the
Nevada County Department of Environmental Health's Policy # EI-1-1161088.W1'S,
"Large Family Day Care Home", it appears that Nevada County is not in
compliance with state preemption law regarding the zoning of large family day
care homes, but is impermissibly requiring large family day care homes to
comply with a health and safety restriction that is not applicable to single
family residences in which day care is not provided; ie. requiring large family
day care homes to meet unique water and sewage, disposal requirements.
Health and Safety Code Section 1597.46 clearly restricts localities from
enforcing any regulation against large family day care providers outside the
areas of spacing, concentration, traffic, parking and noise control, unless
that regulation is uniformly enforced against all single family residences.
Since large family day care providers in Nevada County are required to comply
with sanitation and health requirements administered by the Environmental
Health Department contained in their policy #EH-H610088.WPS before being
granted an administrative permit, Nevada County's large family day care
ordinance is not in complidnce with state law and therefore should not be
enforced as currently written.
I hope you will consider this information before taking any enforcement
action agaist large family day care providers in your county, including Heather
Urban. Please feel free to contact our office for any assistance Nevada County
might require in bringing its large family day care ordinance into compliance
with state law.
Very truly yours,
Barbara Coccodrilli Carlson
Staf f Attorney
cc:Ms. Heather Urban
Mr. Norm Greenberg, Nevada County Environmental Health Department
Mr. Jim Weir, Nevada County Board of Supervisors
COUNTY OF NEVADA
COUNTY COUNSEL
ERIC ROOD ADMINISTRATION CENTER
950 Maidu Avenue - P. 0. Box 6100
Nevada City. California 95959-6100
(916) 265-1319
JAMES A. CURTIS
Counn• Counsel
BRIAN A. BISHOP
Assistant
DATE:
TO:
FROM:
SUBJECT:
Harold E. DeGraw. Depun
Melanie K. Wellner. Deputy
Keith C. Johnson. Depun
1 • '
October 17, 1990
Denis Cook
Assistant Planning Director
Harold E DeGraww'''
Chief Deputy County Counsel.--
Large
ounsel—Large Family Day. Care Homes'
0 C T 17 1990
NEVADA COUNTY
By your note of September 15, 1990, you have asked for our com-
ments on that letter dated September .21, 1990, from the Child
Care Law Center, challenging the enforceability of special water
supply and sewage disposal regulations for Large Family Day Care
Homes under County Environmental Health Policy No. EH-i46'_088.wPS.
ORL4
To the extent Policy No. EH-H61088.WPS purports to impose water
supply and sewage disposal requirements upon large=ami1�• day
care homes that are different from those applied to other single-
famiiy residences, it is improper and unen.L. eabie.
ANALYSIS:
Chapter 3.6 of Division 2 of the Health and Safety Code or. =amily
day care homes, operative until July 1, 1993, const__utes the
S:.a_e _ec-s-1 atu e' s attempt _o encourage ^c_ ...a_ ,.a},
V y..- avC Gr ^
care homes situated normal `reside ntial surroundings (see Secs.
1597.30, 1597.40, all references to Health and Safety Code unless
otherwise noted.) In Section 1597.40, the Legislature speci-i—
cally states its intent to pre-empt the field, stating t:
in par
Denis Cook
Re: Large
October 17,
Page 2
Family Day'Care Homes
1990
"The Legislature declares this policy (of
providing children in day care with a tradi-
tional home setting) to be of state-wide
concern with the purpose of occupying the
field to the exclusion of municipal zoning,
building. and fire codes and regulations
governing the use or occupancy of family day
care homes for children, except as specifi-
cally provided. for. in this chapter, and to
prohibit any restrictions relating to the use
of single-family residences for family day
care homes for children except as provided by
this chapter."
As will be noted, infra, this curious restriction of the pre-
emption declaration to "municinal (not city and/or county] zoning
... regulations" "is apparently a distinction without difference
insofar as the legislation exhibits an intent to occupy the whole
area to the exclusion of local regulations and .subsequent sec-
tions precluding discriminatory regulation do expressly apply to
"a city, county, or city and county".
As .noted in the Child Care Law Center letter, Section 1597.96(2)
in specifying the areas of regulation subject to local standards,
restrictions and requirements fails to'. specify water supply and
sewage disposal or even health and safety .regulations generally
(listing only "spacing and concentration, traffic control, park-
ing, and noise control"). Section 1597.47 states an intent no,:�
to preclude cities, counties or other local entities from impos-
ing height, set -back and lot dimension standards from being
imposed upon family day care facilities so long as suc^
restrictions are identical to those applies :c of her s_.!�' e -
J -
family residences" and continues in a. similar vein, providing:
"The provisions of this chapter hal' not
runs- _,jed to ^recl ude the anoi -ca- ^" . o a
family day care facility for children cz any
local ordi range which deals with ''--alt`: and
,aafety, building standards, environmental
impact standards,.or any other matter within
the jurisdiction of a local public entity.
The :.rovls-ons c- this s c` aO-Zer : i S.. Eh -a --
be' construed to prohibit er restrict the
abatement of nuisances by a city, county, or
city and county. however, such odd,; pance_ or
nuisance abatement sha l l not d i --t ; nau i sh
Denis Cook
Re: Large Family Day,Care Homes
October 17, 1990
Page.3
family day are facilitieG from_ other single-
family y dwellingsss, except as otherwise
provided in this chapter." (Emphasis added.)
It• does not therefore appear. open to question that the State
Legislature intended to preclude c.ounties from imposing different
health and safety standards upon large family day care homes than
are applicable to single—family residences. To the extent Policy
No. EH-H61088.WPS attempts to do so with regai7d to water and
sewage, it .invades a field pre-empted by State legislation (at
least until July 1, 1993) and is invalid (see 45 Cal.Jur.3d,
Municipalities, Secs. 93, 215, and cases cited therein).
If you wish to discuss this matter further, or if we can be of
further assistance, do not hesitate to call.
HED: kr '..
cc: Mike Harris
Norm Greenberg
y1G/9G
TO: Honorable Chair and Butte Co. Planning Commission
FROM: Deborah Willsey
To conclude I wish to make the following points:
1. According to the Child Day Care Act of the Health and
Safety Code and testimony of former neighbors, the noise
level generated from my home will not be over and above the
general noise level children make and therefore should not be
a factor in determining an approval or denial of my
application. And in fact, the county should have a policy
that does not require a public hearing because it is costly
and unnecessary in view of the guidelines set forth by the
state. At the very most, I submit, anyone wishing to apply
for an increase in capacity for a daycare should be required
to -apply for an Administrative Permit, as was indeed the case
years ago in our county. Perhaps even that should be
administered only after taking into account the guidelines
set forth by the state.
2. The only organization or department that should be
involved in -this review process, other than the Butte Co.
Planning Manager, should be the Department that upholds the
regulations set forth by the State Fire Marshall, as stated
in the Child Care Act of CA. In this case, the county
Building Dept. The Environmental Health Dept. should not
treat a Large Family Day Care any differently than any other
Single Family Resident in the development. In fact, they
should not be involved at all.
Because the county's policy for my daycare Use Permit
application did not follow the guidelines set forth by
the State Of CA, I will incur the added expense of this
hearing. The physical burden and added expense caused by the
delay in my licensing has been extreme. The time commitment
involved in research, understanding my rights, activating my
community and presenting my case, when I care for kids from
6:15 am to 5:30 pm, has been almost enough to make me give up
my commitment to licensed family daycare as have many
caregivers before me.
I implore you, help streamline this process so that
other individuals attempting to make their living caring for
children in our county are not subjected to this same
situation. Large family daycares are vital to the parents
and children in today's world. Please, give us your support.
Thank: you, // 1
Deborah Willsey
March 18, 1996
County of Butte
Office of Planning Department
7 County Center Dr
Oroville, CA 95965-3397
Ref: David & Robin Kissler
Mary Kissler
1647 20th Street
Oroville, CA
To Whom It May Concern:
My name is*Carol Morelock and I am the daughter of Mary Kissler
and I reside in Boise, Idaho.
I am writing with concern for.the approval of allowing amobile
home, belong to my brother David Kissler, to be put on the property
of Mary Kissler. It would-be a great relief to have him living on
the property near her.
Please take into consideration the age of my Mother, the location
of the property and the way of life in these times. She -.needs the
added protection of family members being close by.
Your kind assistance in consideration and approval of this request
will be most appreciated.
Sincerely Yours,
Carol 'J Morelock
7017 Ashland Dr
Boise, ID 83709
Planniq.,
DePartMent
MAR 1 1996
®roviiai.;,
a
•
Butte County Development Services
Planning Department
7 County Center Drive
Oroville, CA 95965-3397
March 15, 1996
RE: County solicited comment on proposed use permit, AP 063-150-018
Dear Planning Manager:
We state our opposition to the proposed permit to Deborah Willsey to
allow a Large Family Day Care center at'15544 Nopel Av., Forest Ranch
for the following reasons:
1. When we retired last June we purchased our present home because it
was in a quiet, wooded, residential setting (zoned R-1) and away from
commercial endeavors. 'We did not then, nor do not now, wish to live
next to a large day care center, which is a commercial entity.
2. The center will have a negative effect on the value of our
property.
3. When we sell, the center will immediately eliminate some potential
buyers of our property.
4. Being next door, with only 75 feet between our homes, the noise
level from so many children changes the prevailing peaceful quiet of
our neighborhood and is greatly non -desirable.
5. The necessary additional traffic five days a week immediately next
door is not acceptable in our residential setting.
6. We are concerned that past non-compliance with Administrative
Permit AP 063-150-024 demand for "a circular driveway with a second
access" which was to be "prior to operation" will be repeated.
Be assured that our opposition is not against Deborah Willsey as a
person. We oppose the child care center.
Thank you for your consideration of these comments.
Sincerely,
ZL lAlt'.1,
Aobert L. Hansen ` Jea ette M. Hans n
15552 Nopel Avenue
Box 81
Forest Ranch, CA 95942 ��ase�n�c�aa�a�t
89,1-1963
•
Margaret Gunnell
15539 Nopel Avenue
Post Office Box 549
Forest Ranch, California 95942-0549
March 18, 1996
Planning Manager
Butte County Planning Department
7 County Center Drive
Oroville, California 95965-3397
Re: Letter in Opposition
Application of Deborah Willsey for a Use Permit
15544 Nopel Avenue, Forest Ranch, California
'i
To the Planning Manager and Members-pf the Planning Commission:
I am writing assert my deep and abiding opposition to the proposal
of Deborah 'Willsey to operate a day care center for up to twelve
children across the street from my home.
There is always a certain awkwardness that arises when one protests
a .proposed use permit of a neighbor. I would like to say at the outset
that my strong opposition to Ms. Willsey's business enterprise in no
way mitigates my intention to be a good neighbor to Ms. Willsey
personally. However, I strongly believe that Ms. Willsey's business
enterprise is ill-suited for our residential area zoned R-1.
Background
It is my understanding that Ms. Willsey.and her husband operated a
day care center out of their home in Forest Ranch that was located.
behind Forest Ranch's small commercial district. In fact, her
backyard butted up against a large, common commercial easement
Planning Department
MAR 19 194G
Oroville, ;aiitornia
OPPOSMON TO WILL PERMrr:15544 NOPEL AVENUE, FORD RANCH, CA 2
used for trash storage for the grocery store and the community
recycling dumpster.
It is my further understanding that, for personal reasons, Ms. Willsey
is no longer living at that location, and has subsequently purchased
the single-family home located at 15544 Nopel Avenue, across the
street from my home.
Forest Ranch has a small commercial area, but it has always been my
understanding that the intersection of Nopel Avenue and Forest
Ranch Way (at the gas station) marked the end of commercial
enterprises on Nopel Avenue, and there the residential area began.
I moved to Forest Ranch in July of 1994. I specifically selected my
home for the peace and tranquillity that it afforded. While I
understood that it was on a county -maintained road, I viewed this as
a plus, since road repairs and snow removal would be one less thing
to worry about.
My home is located next to the Volunteer Fire Station, and kitty-
corner from the municipal water company pump house.
I purchased my home prior to Ms. Willsey moving into 15544 Nopel
Avenue.
Reasons for Opposition to the Use Permit
1. Ms.. Willsey's Business Enterprise Will Irreparably Harm My
Quiet Enjoyment of My Home.
I purchased my home for its attributes, as well as for the peace and
tranquillity that it provides.
As a writer involved in multiple creative endeavors, the serenity and
quiet of -this neighborhood was one of the strong selling points in
purchasing my home. And while it is close to commercial ventures, it
was still in an area zoned R-1.
OPPOSITION TO WILL PERMIT: 15544 NOPEL AVENUEJO* RANCH, CA 3
It never occurred to me that my wooded retreat would be located
across the street for a day care center ,providing services for up to
twelve children.
Happy and well -tended children can also be very noisy children.
The possibility of twelve children, however happily playing, was not
a sound that I anticipated across the street for my home in the woods.
And I also did not anticipate the increased traffic caused by children
being dropped off and picked up.
I purchased my home with full knowledge of the firehouse, the pump
house, and the commercial enterprises down the street. For each of
these, I believed the benefit of their location outweighed the burden
of their presence.
But I would not have purchased this house had 1 known a twelve -child day
care center was across the street!
2. Ms. Willsey's Business Enterprise will Detrimentally Effect My
Resale Prospects, and Lower My Property Value.
Like most Californians, my home represents my largest single
investment. It is my belief that Ms. Willsey's business enterprise will
have a serious and lasting negative effect upon my resale prospects,
and ultimate resale price, if it is allowed to be operated across the
street from my home.
When I was negotiating the purchase of my home, my seller was very
candid in reporting to me the number of potential buyers who
decided against making an offer on my future home because the
volunteer firehouse was located next door. And this was true even
though the firehouse is unoccupied probably 90% of the time.
The simple fact is that people who choose to move to the woods do so
because they want some .peace and quiet, and become quite careful,
while investing their housing dollars, to be sure they get the full
measure of their purchasing power in this intangible commodity.
OPPOSMON TO WILL PERMIT: 15544 NOPEL AVENUE, FOM RANCH, CA 4
I thought long and hard about the firehouse situation before I made
and offer on my home. I ultimately decided that the benefit of having
the firehouse, equipped with its fire truck, and the only fire hydrant
in town, outweighed the burden of its presence as my next-door
neighbor. But when I made that decision, I knew that resale would
be more difficult because of the firehouse.
Now Ms. Willsey wants to put a twelve -child daycare center across
the street.
As I said before, I would not have purchased this house had I known a
twelve -child day care center was across the street!
And if I wouldn't have bought this house, despite its many charms,
because of the commercial character that the day care will bring to
the neighborhood, then potential purchasers of my home at resale
will have the same belief.
My resale prospects are diminished, and my property devalued,
because of Ms. Willsey's proposal.
And that is simply not fair!
3. The Proposed Location, at 15544 Nopel Avenue, of Ms. Willsey's
Business Enterprise is Fundamentally Different Than the Location
of Her Previous Forest Ranch Day Care Center for Whicha Permit
Was Granted.
As previously stated, it is my understanding that Ms. Willsey and her
husband operated a day care center out of their home in Forest Ranch
that was located behind Forest Ranch's small commercial district. In
fact, her backyard butted up against a large, common commercial
easement used for trash storage for the grocery store and the
community recycling dumpster.
That location was fundamentally different in character than the house
across the street from my home.
OPPOSITION TO WILL PERMIT: 15544 NOPEL AVENUE, FOR* RANCH, CA. 5
Ms. Willsey's previously location was much ' closer to the existing
commercial enterprises.
My home is well -removed from those existing business enterprises..
Ms. Willsey should not be allowed to extend the commercial area of
Forest Ranch into our block through the presence of her proposed
day care center.
4. Ms. Willsey's Business Enterprise will Fundamentally Change
the Character of the Home of Her, Neighbors, Robert and Jeanette
Hansen.
If I may put on the hat of an advocate for others, I would like to make
a point on behalf of, my neighbors, Robert and Jeanette Hansen.
The Hansen's purchased their home, located. next door to Ms.
Willsey, as a retirement home. Their home was purchased prior to
Ms. Willsey moving into 15544 Nopel Avenue.
The Hansen's home is a modified. A -frame, place on their lot in such a
manner that they look out at Ms. Willsey's house. The two driveways
of the two homes are only separated by a few feet.
While my home will be effected in the ways outlined above, for the
Hansen, the detrimental effects are multiplied.
They bought a house having certain characteristics, and now Ms.
Willsey wishes to fundamentally change the character of the
surroundings of their retirement home.
That is simply not fair, just or equitable!
OPPOSITION TO WILA PERMIT: 15544 NOPEL AVENUE, FOR* RANCH, CA 6
5. The Commercial Ramifications of Ms. Willsey's Personal
Decision to Leave Her Previous Home at a Location Where a Use
Permit Was Previously Granted Should Not Be Inflicted .Upon Her
New Neighbors.
Ms. Willsey made a personal decision to move from her home were a
use permit had been awarded for her day care center.
I welcome Ms. Willsey personally as a neighbor. However, I do not
believe that I should have to share in the ramifications of her personal
decision to leave her former home by having the residential character
of my neighborhood irreparably changed by her moving her business
enterprise with her.
6. Granting Ms. Willsey's Permit Request Will Make It Easier for
Other Commercial Enterprises to Invade Our Neighborhood.
If Ms. Willsey's permit is granted, other persons seeking a use permit
for various commercial enterprises will be able to point to her
business enterprise as an example of a pre-existing variance from R-1
zoning. They will be able to argue that they should be granted the
same variance so that they can pursue their commercial endeavors.
7. Granting Ms. Willsey's Permit Will Defeat the Strong Public
Policy in Favor of a Homeowner's Right to Make Home Purchase
Decisions Reasonably Relying upon Existing Zoning.
When I purchased my home, I did so knowing that the area was
zoned R-1, and I reasonably relied upon this zoning in making my
decision to :purchase my home.
If you grant Ms. Willsey's permit, you will be undermmmg my
decision, and the decision of other purchasers, to reasonably rely
upon existing zoning. If you change the rules now, I will be
irreparably harmed as a result of my reasonable reliance upon
existing zoning.
OPPOSITION TO WILA PERmrr:15544 NOPEL AVENUE, FoR% RANCH, CA. 7
8. Other Considerations,
In the Notice of Proposed Minor Use Permit Approval; several
conditions are set forth.
I would ask that special attention be given to see if the proposed
location. of Ms. Willsey's business- enterprise is sufficiently' equipped
to handle • the addition sewage -that will 'be generated -by twelve
additional persons.
I thank the Planning Manager, and the Planning Commission, for
their kind consideration.
I am certain, that upon reflection, you will agree that Ms. Willsey's
business venture. is. ill-advised for itsproposed location, and find that
her proposed permit should be DENIED.
Very truly, yours,_
M ar
MG / cmt2
-:: 751 ,�-
1
March 26, 1996
Deborah Willsey
15544 Nopel Avenue
Forest Ranch, CA 95942
�0
utte Count
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
Re: Minor Use Permit, AP 063-150-018, MUP96-09
Dear Ms. Willsey:
Your request was denied by the Planning Manager on March 25, 1996. A denial
recommendation by .the Planning Manager, has been forwarded to the Planning
Commission as a consent item for final action on April 11, 1996, at 9:00 a.m., in the
Board of Supervisors' Room, 25 County Center Drive, Oroville, California.
The Commission recommends that the applicant or their authorized representative be
present at the hearing to respond to any questions the Commission may have.
At the hearing there were allegations that you have already begun the large family day
care. Please be advised that unless you have an approved Minor Use Permit, you are
limited to a maximum of 6 children.
The Minor Use Permit will be issued after approval by the Planning Commission.
Should you have any questions regarding this matter, please contact this office.
Very truly yours,
f-YKmgWj
• utte ount
�' '��• - LAND F I i I! :1 I. 1%l �. L f'It AfIC` 6E,\U F
DEPARTMENT OF PUBLIC HEALTH
DIVISION OF ENVIRONMENTAL HEALTH
❑18-B County Center Drive Xj 1469 Humboldt Road, Suite 100 El 7 County Center Drive
Oroville, CA 95965 L� Chico, CA 95928 Oroville, CA 95965
TEL: (916) 538-7282 TEL: (916) 891-2727 TEL: (916) 538-7281
March 20, 1996 FAX: (916) 538-2165 FAX: (916) 895-6512 FAX (916) 538-2140
Deborah Willsey
P 0 Box 144
Forest Ranch, CA 95942
RE: Use Permit Application for Day Care Expansion at 15544 Nopel Ave.,
Forest Ranch; APN 063-150-018
Dear Ms. Willsey:
Thank you for the information requested regarding specific numbers of
children and the meal services you provide at your facility.
Our Department grants waivers regarding the upgrading of sewage disposal
systems when a home is used as a day care with a maximum of six children.
However, once more than six children are being cared for the Planning
Department then requires a Use Permit. Whenever a Use Permit is required
it is our Department's policy to upgrade septic systems to meet the
anticipated use. Specifically under your Use.Permit application, you are
asking to be allowed to have as many as twelve children full-time at your
facility. The anticipated sewage flow generated by a full time day care
facility with twelve children and staff is roughly equivalent to the flow
from a standard two bedroom house. Therefore we anticipate the expansion
of your day care as requested will approximately double the amount of
sewage flow from your house. It will be necessary to upgrade your sewage
disposal system to assure it's capacity to properly handle -the increased
sewage flow and prevent the creation of a health hazard at your day care.
Enclosed is a sewage permit application. Please complete and return it
to our office with a $220.00 application fee. We will have to issue you
a permit before we can give our blessing for Your Use Permit application.
If you have any questions, please contact me at the Chico office listed
above between 8 and 9am, Monday through Thursday.
curs truly,
Plannir:e. �SDf
'Ag4Fel, R.E.H.S. MAR L 1Qq
Division of Environmental Health
DF/dd/land/wills�y
cc Planning ✓ (�
A CLEAN INDOOR AIR ENVIRONMENT FOR A HEALTHIER TOMORROW ��
BUTTE *NTY DEPARTMENT OF PUBLAEALTH
DIVISION OF ENVIRONMENTAL HEALTH
1469 HUMBOLDT ROAD 7 COUNTY CENTER DRIVE
CHICO, CALIFORNIA 95928 OROVILLE, CALIFORNIA 95965 1 0069
(916) 891-2727 (916) 538.7281 (916#ffffff
APPLICATION FOR PERMIT TO CONSTRUCT A SEWAGE DISPOSAL SYSTEM
Owner's Name Assessor's Parcel No.
Applicant's Name phone No.
Mailing Address
1. Construction Site
(Street and number or direction and distance to nearest crossroad)
2. Lot Size feet x feet. acres
3. APPLICATION FOR: New system for new building ❑
Repair of or addition to old system ❑
4. Type of building to be served by proposed system:
Mobile Home
❑
House
❑
Other
❑
Auxiliary or secondary system ❑
New system to replace existing facilities ❑
(size No. Bedrooms Garbage disposal?
No. Bedrooms Garbage disposal?
(specify)
5. Water supply for premises: (Must be safe, potable water) Community ❑ Private well ❑ Other
Water supply for ajoining properties: Community ❑ Private well ❑ Other
6. WORKMEN'S COMPENSATION INSURANCE
❑ I have placed on file with the County o1 Butte a certificate of Workmen's
I am aware of the provisions of Section 3700 of the California Labor Code. Compensation Insurance.
Which requires every employer to be Insured against liability for Workmen's
Compensation. ❑ 1 certify that In the performance of the work for which this permit Is
Issued I shall not employ any person in any manner so as to become subjectto
7. SCALE PLOT PLAN TO BE FURNISHED the Workmen's Compensation Laws of California.
Sketch to scale on reverse side hereof, or attach scale sketch of plot plan of the premises showing:
a. Property lines. e. Show direction and approximate amount of slope.
b. Location of all proposed and existing buildings,
structures, driveways and parking areas.
c: Location of large trees, rocks, or other obstacles.
d. Location of.any well, spring, creek or other body of
water on the parcel and within 100feet of property line.
f. Source of water.
g. Water lines.
h. Set back lines and easements.
i. Proposed sewage disposal system and area for
replacement.
I hereby state that the information above and on the reverse side hereof or attached hereto is correct and
true to the best of my knowledge. I understand that the permit must be obtained before any construction is
begun either on the building or on the sewage disposal system, and that a satisfactory inspection of the system .
is required before the new building or dwelling maybe occupied or the system backfilled, or put into use. I also
understand that a safe potable water must be supplied to the new building or dwelling before occupancy can
take place.
Signed Owner ❑ Authorized agent ❑ Licensed contractor ❑
Date
(An original letter of authorization must accompany this application in order for
an authorized agent to sign.)
FOR OFFICE USE ONLY
Legal parcel?Zoning
Access Rcpt. g o.
Water plans cleared Potable water
Comment
S4 -579R
Use permitted?
_Amount
*1 9
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that public hearings will
be held on Thursday, April 11, 1996, in the Butte County Board of Supervisors' Room,
County Administration Center, 25 County Center Drive, Oroville, California, regarding the
following item at the following time:
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW
9:00 a.m. - Deborah Willsey - Minor Use Permit to allow a licensed day care center for
no more than 12 children on property zoned R-1 (Residential) located at
15544 Nopel Avenue, identified as AP 063-150-018, Forest Ranch. (SB)
(MUP96-09)
The above mentioned application and map are being referred by the Planning Manager to
the Planning Commission regarding policy issues for senior citizen units. The Planning
Commission will be the final authority on these items. The applications and maps are on
file and available for public viewing at the office of the Butte County Planning Department,
7 County Center Drive, Oroville, California. If you challenge the above applications 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
BARRY K. HOGAN, PLANNING MANAGER
To be published in the Oroville Mercury Register on Monday, April 1, 1996.
buttety
i.,a ^•I C IF I\! ,a T ;.1 R,=, l �,\! EA � i ,a N p g EA U T
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
March 12, 1996
Deborah Willsey
15544 Nopel Avenue
Forest Ranch, CA 95942
Re: Minor Use Permit, AP 063-150-018, MUP96-09
Dear Ms. Willsey:
Your request has been scheduled for hearing in front of the Planning Manager on
March 25, 1996. The meeting is scheduled to begin at 10:00 a.m. and will be held in the
7 County Center Drive conference room, Oroville, California.
An approval recommendation by the Planning Manager, will be forwarded to the Planning
Commission as a consent item for final action.
Consent items are set for approval in one motion. These items are considered non-
controversial. No presentations will be made, however, some questions may be asked.
The Chair will ask if any Commissioner or member of the public wishes to pull a consent
item for discussion.
The Minor Use Permit will be issued after approval by the Planning Commission.
Should you have any questions regarding this matter, please contact this office.
Very truly yours,
Barry K. Hogan
Planning Manager
ga
Stephen Betts
Assistant Planner
SB:lr
Enc.
BUTTE COUNTY DEVELOPMENT SERVICES PLANNING DIVISION
NOTICE OF PROPOSED MINOR USE PERMIT APPROVAL
Notice is hereby given that the Butte County Planning Manager is proposing to grant a Minor Use
Permit to Deborah Willsey to allow a licensed Day Care center for no more than 12 children on
property zoned R-1, identified as AP 063-150-018, located at 15544 Nopel Avenue, approximately
400 feet north of Highway 32, Forest Ranch. The permit will be granted subject to the following
conditions:
The facility is a single-family residence that is the principal residence of the provider and the
use is clearly incidental and secondary to the use of the property for residential purposes.
2. In addition to providing the required number of parking spaces for the residential use, one
off-street parking space for each employee of the facility and one off-street parking
space\loading area shall be provided. The driveway area may be used to meet this
requirement.
3. One non -illuminated sign, not to exceed 3 square feet in area and four feet in height, shall
be allowed.
4. The Large Family day care home shall be licensed by the California Department of Social
Services, Community Care Licensing.
5. Meet all State Fire Marshall regulations pertaining to Large Family day care facilities.
6. Building identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted at the beginning of building construction and
maintained continuously thereafter.
7. Provide an all weather access to all structures, which is designed to carry a 40,000 pound
fire apparatus at least 10 feet wide with a 15 foot vertical clearance.
8. Construct a concrete driveway approach to County Standards behind existing curb and
gutter.
9. Meet the requirements of the Butte County Environmental Health Department for minimum
sewage disposal system requirements.
10. Applicant must also comply with all other applicable State and local statutes, ordinances,
and regulations.
NOTE: "Minor changes may be approved administratively by the Director of Development Services
upon receipt of a substantiated written request by the applicant. 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 an amendment."
Persons wishing to comment on the project may submit written comments to the Butte County
Planning Division any time prior to March 21, 1996. The Planning Manager shall consider all
comments in determining if the application meets all of the above conditions and criteria. Upon
finding that the proposed use does or will meet all of the conditions and criteria, the Planning
Manager will hold a hearing on March 25, 1996, at 10:00 a.m., at 7 County Center Drive,
Oroville. Any interested person may attend this hearing. The decision of the Planning Manager
will be submitted, to the Planning Commission for final approval. If recommended for approval, this
item will be on the Planning Commission Consent Agenda at their regular scheduled meeting of
March 11, 1996
Deborah Willsey.
P.O. Box 144
Forest Ranch, CA 95942
Re: Comments Received for Minor Use Permit for APN 063-150-018, 1544 Nopel Ave., Forest Ranch
Dear Deborah,
Enclosed please find copies of the comments were have received concerning your project at the above
referenced location. I hope to have your project scheduled for a public hearing before the Planning
Commission on April 11, 1996. You will receive official notice of the place and time in the next few weeks.
Should you have any further questions, please feel free to call me between the hours of 8:00 a.m. and 4:00
p.m., Monday through Thursday.
Sincerely,
��4'�- z�
Stephen R. Betts
Assistant Planner
k:\projects\willsey.mup\wilir.ey.let
:......
Suite,
_
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: 1916) 538-7785
March 11, 1996
Deborah Willsey.
P.O. Box 144
Forest Ranch, CA 95942
Re: Comments Received for Minor Use Permit for APN 063-150-018, 1544 Nopel Ave., Forest Ranch
Dear Deborah,
Enclosed please find copies of the comments were have received concerning your project at the above
referenced location. I hope to have your project scheduled for a public hearing before the Planning
Commission on April 11, 1996. You will receive official notice of the place and time in the next few weeks.
Should you have any further questions, please feel free to call me between the hours of 8:00 a.m. and 4:00
p.m., Monday through Thursday.
Sincerely,
��4'�- z�
Stephen R. Betts
Assistant Planner
k:\projects\willsey.mup\wilir.ey.let
BUTTE COUNTY FE B 2 11996
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION Chico, Califomia
TO: Environmental Health Director: Gail Lawrence
FROM: Barry K. Hogan, Planning Manager
RE: Request for Comments on a Development Application: Deborah Willsey: MUP 96-09
DATE: February 15,1996 PLANNER: Steve Betts
We have received an application for development of the below described property. We are reviewing the application for
completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date indicated below. Comments from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
callat 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a licensed day care center for no more than 12 children on property zoned
R-1( Residential) located at 15544 Nopel Ave, approximately 400 feet north of Highway 32, Forest Ranch , identified
as APN 063-150-018." It is within Supervisorial District No. 3.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON April 25, 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN _ Feliiifiy 25-,1996. IF NO COMMENTS
OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE.
COMMENTS (Attach additionalages if necessary):
k:\formAcomment.fim 10-16-95 BKH (` Planning OPpartntent
MARS N96
7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7789rovi€6;..,,
�t
BUTTE COUNTY FEB z 1 199
STANDARD CONDITIONS FOR s
MINOR USE PERMITS Chlco, California
APPLICANT: Deborah Willsey DATE: February 15, 1996 PLANNER: Steve Betts
AGENT: None APN: 063-150-018
PROJECT DESCRIPTION: Minor Use Permit, for a licensed day care center for no
more than 12 children.
Those items checked are conditions of approval.
PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE
FOLLOWING CHECKED CONDITIONS
A. SEWAGE DISPOSAL AREAS
1. Meet the sewage disposal requirements of Butte County Code Section 26-26 for the
installation of sewage disposal systems within a flood plairifloodway.
2. In the nitrate area record executed Future Sewer Service and Storm Drainage
Agreements.
3. Meet the.requirements of the .(Watershed. Protection Zone) (Ulla Verona Moratorium Area)
(Cohasset Specific PI n). .
B �' EXISTING C MUNITY SEWER y
1. Prior to the issuance of the Minor Use Permit, under permit issued by the Environmental
Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s))
to public sewer.
C. INDIVIDUAL WATER SUPPLY
1. Prior to the issuance of the Minor Use Permit provide a source of domestic water for the
building on (lot) (parcel)
2. Prior to the issuance of the Minor Use Permit verify that domestic water can be provided to
meet minimum standards for and other suspected
contamination.
D. PUBLIC WATER SUPPLY
1. Prior to the issuance of the Minor Use Permit verify that domestic water can be provided to
meet minimum standards for and other suspected contamination.
Plannin,j Ne"k rtment
■ Minor Use Permit Standard Conditions - Butte County ■
MAR 0 7 1996
1
Grovieie, ,,
7
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: California Department of Forestry
FROM: Barry K. Hogan, Planning Manager
RE: Request for Comments on a Development Application: Deborah Willsey: MUP 96-09
DATE: February 15,1996 PLANNER: Steve Betts
We have received an application for development of the below described property. We are reviewing the application for
completeness and, if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date indicated below. Comments from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
callat 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a licensed day care center for no more than 12 children on property zoned
R-1( Residential) located at 15544No Ave. approximately 400 feet north of Highway 32, Forest Ranch , identified
as APN 063-150-018. It is within Supervisorial District No. 3.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON April 25, 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 29 ,1996: IFNO COMMENTS
OR COMMUMCATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO UHAVE NONE.
COMMENTS (Attach additional pages if necessary):
Planning DepartonL-nt
2 6 as
rlle _�:e_
:na
By: Date:
k:\forms\comment.frm 10-16-95 BKH
7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
e All
IV 0 .0
APPLICANT: Deborah Willsey PLANNER: Steve Betts DATE: February 15,1996
Description: Minor Use Permit, for a licensed day care center for no more than 12 children.
PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE
FOLLOWING CHECKED CONDITIONS
H. FIRE PROTECTION
1. Construction, installation or development of structures or facilities on the parcels/lots shall
comply with the latest California Fire Safe Regulations, (Public Resources Code 4290),
and all other applicable State and County codes, ordinances and regulations in effect at
the time of application for improvement permits.
2. Building identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted at the beginning of building construction and
maintained continuously thereafter.
3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the
County Fire Warden.
4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per
created parcel into the Battalion _ water tend fund, is required prior to the issuance of a
building permit.
5. A pressurized community water system for fire protection is required. The specific
locations and fire flow requirements shall be in accordance with the Fire Department
specifications and to the satisfaction of the County Fire Warden. Average required hydrant
spacing _ feet, hydrant size _ inches, and residual fire flow gpm. Submit plans
to the Fire Department for review and approval prior to construction of facilities.
6. In lieu of hydrant installation, payment may be made into the hydrant fund at a
cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $
7. Prior to recordation of the Map or application for a building permit, the applicant shall pay
the then current fee for the West Chico Fire Station Fund.
(\ 8. Provide an all weather access to all structures, which is designed to carry a 40,000 pound
fire apparatus at least 10 feet wide with a 15 foot vertical clearance.
Revised 9-11-95 BKH K:\standcon\mup
Planninq Department
FEB 2 6 1996
Oroville, California
■ Minor Use Permit Standard Conditions - Butte County ■
2
7 -
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: Public Works Director
FROM: Barry K. Hogan, Planning Manager
RE: Request for Comments on a Development Application: Deborah Willsey: MUP 96-09
DATE: February 15,1996 PLANNER: Steve Betts
We have received an application for development of the below described property. We are reviewing the application for
completeness and, if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date indicated below. Comments from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
call at 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a licensed day care center for no more than 12 children on properly zoned
R-1( Residential) located at 15544 Nopel Ave. approximately 400 feet north of Highway 32, Forest Ranch, identified
as APN 063-150-018. It is within Supervisorial District No. 3.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON Apri125, 1996.
YOUR COMMFNTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 29 ,1996_ IFNO COMMENTS
OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO UHAVE NONE.
x
COMMENTS (Attach additional vases if necessary):
62. r{ee,� w a �zvr Ae.✓ A�r,,� r�
By: o CI -- - Date:
k:\forms\comment.fim 10-16-95 BKH
7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
RECEIVE®
FEB 1 5 1996
COUNTY OF BUTTE
LAND DEVELOPMENT DIV.
0 0
BUTTE COUNTY t,�
DEPARTMENT OF DEVELOPMENT SER
PLANNING DIVISION
TO: Butte County Sheriff
FROM: Barry K. Hogan, Planning Manager
RE: Request for Comments on a Development Application: Debor,
DATE: February 15,1996 PLANNER: Steve
FECEIVE® �
FEB 21 Ass'
BUTTE COUNTY
saEOF '�
We have received an application for development of the below described property. We are reviewing the application for
completeness and, if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date indicated below. Comments from your
depaitment/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
callat 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a licensed day care center for no more than 12 children on property zoned
R-1( Residential) located at 15544 Nopel Ave, approximately 400 feet north of Hi Tway 32, Forest Ranch , identified
as APN 063-150-018. It is within Supervisorial District No. 3.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON April 25, 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 29 ,1996: IFNO COMMENTS
OR COMMUMCATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOU HAVE NONE.
piallijiliq loopag i :x nt
ramolcp._ California
k:\fonms\comment.frm 10-16-95 BKH
7 County Center Drive - Oroville, Califoria 95965 - 916-538-7601 - FAX 916-538-7785
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES 2 O 1�0
PLANNING DIVISION OrC'i Cmfpr,�, .
4
TO: Development Services Director
FROM: Barry K. Hogan, Planning Manager
RE: Request for Comments on a Development Application: Deborah Willsey: MUP 96-09
DATE: February 15,1996 PLANNER: Steve Betts
We have received an application for development of the below described property. We are reviewing the application for
completeness and, if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date indicated below. Comments from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
call at 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Penrut for a licensed day care center for no more than 12 children on property zoned
R-1( Residential) located at 15544 Nopel Ave, approximately 400 feet north of Highway 32. Forest Ranch , identified
as APN 063-150-018. It is within Supervisorial District No. 3.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON April 25, 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 29,1996. IF NO COMMENTS
OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE.
COMMENTS (Attach additional pages if necessary):
M
k:\forms\comment.frm 10-16-95 BKH
Date:
7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
i
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO:
FROM: Barry K. Hogan, Planning Manager
RE: Request for Comments on a Development Application: Deborah Willsey: MUP 96-09
DATE: February 15, 1906 PLANNER: Steve Betts
We have received an application for development of the below described property. We are reviewing the application for
completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal, it should be heard at the estimated hearing date indicated below. Comments from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
call at 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a licensed day care center for no more than 12 children on property zoned
R-1( Residential) located at 15544 No el Ave, approximately 400 feet north of Highway 32, Forest Ranch , identified
as APN 063-150-018. It is within Supervisorial District No. 3 .
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON April 25, 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 29 ,1996: IFNO COMMENTS
OR COMMUMCATIONARERECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE.
COMMENTS. (Attach additional pages if necessary):
M
k:\forms\comment.frm 10-16-95 BKH
Date:
7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
LEAD IN SHEET
FILE NO: KJP 96-09
0
APPLICANT: WILLSEY, Deborah: 15544 Nopel Ave., Forest Ranch, CA 95942
NAME ADDRESS
OWNER:. Sam
NAME ADDRESS
REPRESENTATIVE•: Nie. NAME ADDRESS
REQUEST: Minor Use Permit - -L(" Q Uce-L-lc& Cctf-f-
mnr7e- 0-'-cL\Ac-,cr\
K6101-1
063-150-018
SIZE: L(00 acce)
LOCATION: NocwA ke-, uy4A\, goo f\gr-kk
SUPERVISORAL DISTRICT # 3
EXISTING ZONING:
ZONING HISTORY: Zone -8 I �'7(o
SURROUNDING ZONING:
SURROUNDING LAND USE:
SITE HISTORY:
GENERAL PLAN DESIGNATION: Lo
APPLICABLE REGULATIONS:
k:leadinsheet
Planning nepFoment.
FEB I 31.99q
map Yoe,
COMAffNT DISTRIBUTION LIST
"MINOR" MP 96-09
APPLICATION: Use Permit 96-09 WILLSEY Deborah
DATE: February 13, 1996
County Offices and Cities:
_ Chief Administrative Officer _X_ Develop. Services Director X_ Public Works Director
X Environmental Health Director _X_ Planning Manager — Building Manager
_X_ Sheriff _ BCAG — ALUC
o — APCD — Butte Co. Farm Bureau
Biggs _ Gridley — Chico
Orovitle — Paradise _ Chico Airport Commission
Irrigation District:
_ Butte Water
_ OWID —
Table Mountain Irrigation
Domestic Water
_ Butte Water District
OWID —
Sewer
_ Butte Water District —
Skansen Subdivision (CSA 21)
Fire Protection
X California Department of Forestry
Recreation Districts
_ Chico Area Recreation —
Paradise Recreation & Park
Utilities
— PG&E North - Chico
PG&E South - Oroville
State Agencies
_ CalTrans
_ Forestry (Alta: Craig Carter)
Central Reg. Water Quality Control
Department of Conservation
Federal Agencies
US Forest Service —
Other Districts, Agencies, Committees, etc.
_ Lime Saddle Dist —
Drainage —
_ Reclamation
Butte Co. Mining Committee —
Biggs/W. Gridley Water
Paradise Irrigation
Thermalito Irrigation
California Water Service Co.
Thermalito Irrigation District _
Themalito Irrigation
L.O.A. PUD
EI Medio Fire Protection District
Durham Irrigation
Richvale Irrigation
Other
Del Oro Water Co.
Other
Sterling City Sewer Main
Durham Area Recreation — Feather River Rec. & Park
Richvale Recreation & Parks
Chambers Cable TV . Pacific Bell
Viacom Cable TV
Dept of Water Resources - — Dept of Fish and Game
Dept of Parks and Rec. — Highway Patrol
Off. of Mining Reclamation — Off. of Governmental & Env. Relations
US Bureau of Land Management
Community Association — Mosq. Abatement Oroville/Butte Co
Butte Env.l Council — Paradise Pines Com.
Cal Native Plant Society —
PQ31i17 inq usM",, q
FEB 12 1996
0r®ville, Cat€ on p..,
IMPORTANT MESSAGE
FOR COUNTY CLERK
DATE.
M
O F—////
PHON
AREA CODE NUMBER EXTENSION
TELEPHONE[T:s�
a
Y j}
�PEEASECALL "
:;y
WANTS TO SEEYOU
¢ RETURNEOYOURCALL` ;
'SPECIAL'ATTENTION`y
MESSAGE
PLEASE.
FILE AND RETURN ANY
COPIES• PLANNING
THANK •
SIGNED
LITHO IN U.SA.
TOPS 0 FORM :002
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, File # MUP 96-09
Assessor's Parcel No.: 063-150-018
Applicant: Deborah Willsey
Project Location -Specific: At 15544 Nopel Avenue
FROM: Butte County Planning Division
7 County Center Drive
Oroville, CA 95965
Project Location -City: Forest Ranch Project Location -County: Butte
Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit to allow a licensed day care center for no
more than 12 children.
`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))
X Categorical Exemption. State type and section number: 15303 (a)
Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units.
In urbanized areas, up to three single-family residences my be constructed or converted under this exemption.
Contact Person: Barry K. Hogan
If filed by applicant:
Telephone: (916) 538-7601
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:
I
t , Barry K. o an
i Manager
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, File # MUP 96-09
Assessor's Parcel No.: 063-150-018
FROM: Butte County Planning Division
7 County Center Drive
Oroville, CA 95965
Applicant: Deborah Willsey
Project Location -Specific: At 15544 Nopel Avenue
Project Location -City: Forest Ranch Project Location -County: Butte
Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit to allow a licensed day care center for no
more than 12 children.
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))
X Categorical Exemption. State type and section number: 15303 (a)
Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units.
In urbanized areas, up to three single-family residences my be constructed or converted under this exemption.
Contact Person: Barry K. Hogan
If filed by applicant:
Telephone: (916) 538-7601
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:
i
Si nat , Barry K. an
P nni Manager
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, File # MUP 96-09
Assessor's Parcel No.: 063-150-018
FROM: Butte County Planning Division
7 County Center Drive
Oroville, CA 95965
Applicant: Deborah Willsey
Project Location -Specific: At 15544 Nopel Avenue
Project Location -City: Forest Ranch Project Location -County: Butte
Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit to allow a licensed day care center for no
more than 12 children.
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))
X, Categorical Exemption. State type and section number: 15303 (a)
Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units.
In urbanized areas, up to three single-family residences my be constructed or converted under this exemption.
Contact Person: Barry K. Hogan
If filed by applicant:
Telephone: (916) 538-7601
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:
A
arry K. an
nager
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, File # MUP 96-09
Assessor's Parcel No.: 063-150-018
Applicant: Deborah Willsey
FROM: Butte County Planning Division
7 County Center Drive
Oroville, CA 95965
Project Location -Specific: At 15544 Nopel Avenue
Project Location -City: Forest Ranch Project Location -County: Butte
Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit to allow.a licensed day care center for no
more than 12 children.
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))
X Categorical Exemption. State type and section number: 15303 (a)
Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units.
In urbanized areas, up to three single-family residences my be constructed or converted under this exemption.
Contact Person: Barry K. Hogan
If filed by applicant:
Telephone: (916) 538-7601
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:
i
Si nat , Barry K. o an
P nni Manager
TO:
APPENDIX A
NOTICE OF EXEMPTION
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, File # MUP 96-09
Assessor's Parcel No.: 063-150-018
FROM: Butte County Planning Division
7 County Center Drive
Oroville, CA 95965
Applicant: Deborah Willsey
Project Location -Specific: At 15544 Nopel Avenue
Project Location -City: Forest Ranch Project Location -County: Butte
Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit to allow.a licensed day care center for no
more than 12 children.
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))
X Categorical Exemption. State type and section number: 15303 (a)
Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units.
In urbanized areas, up to three single-family residences my be constructed or converted under this exemption.
Contact Person: Barry K. Hogan
If filed by applicant:
Telephone: (916) 538-7601
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:
Wniy K. an
er
OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
RECEIPT 15256 -
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MEMORANDUM
TO: Honorable Chair and Planning Comrassion
FROM: Barry K. Hogan, Planning Manager
SUBJECT: MUP 96-09 - Minor Use Permit f r a borah day care centersor1no more
A request for a Minor Use Permit
than 12 children on property zoned R-1 (Low Density Residential), located
at 15544 Nopel Avenue, approximately 400 feet north of Highway 32, Forest
Ranch. This project is located in Supervisorial District 3.
DATE: March 28, 1996
SUMMARY: This project came before the Planning Manager on Mrch 25 a Therefor consideration
we a two people
of approval with conditions of a family day care on a residential Iot
present at the hearing, Mr. and Mrs. Hanson,elas Mars to the a et Gunite in question. The
nell submitted letters
applicant was not present. The Hansons, as we 9
in objection to the application due .to increase traffic, a I be able and Ito be devlellopedlwh ch
character of the neighborhood. Although conditionsY ince the applicant was not
would meet the concerns of the two neighbors it was felt that application and direct that a full
present that the best course of action would be to deny the app
hearing be held by the Planning Commission.
We have had conversations with the applicant and have offered to meet with her and her
neighbors to see if conditions could be developed that would be acceptable to all parties
involved. At the time of this memorandum no meeting has been held.
RECOMMENDATION: it is recommended that the Planning Commission open the public
hearing, take testimony pro and con, and
1. If there does not appear to be a reasonable opportunity to resolve the neighborhood
concerns with conditions of approval acceptable to all parties, deny the Minor Use
Permit based upon incompatibility with the character of the neighborhood;
or
2. If there appears to be a reasonable opportunity to resolve the neighborhood
concerns with conditions of approval acceptable to all parties, direct staff to work
with the applicant and the neighborhood to come with
n 2 acceeeksptable set of
conditions to all parties and come back to the Commission
k:\projects\willsey-mup\willsey-mem
# Butte County # Department of Development Services # Planning Division #
1
,t
AGENDA ITEM
AGENDA REPORT
TO: Barry K. Hogan, Planning Manager
FROM: Stephen Betts, Assistant Planner
DATE: March 11, 1996
REQUEST: File # MUP 96-09 -Minor Use Permit for Deborah Willsev on APN 063-150-018:
A request for a Minor Use Permit for a licensed day care center for no more than
12 children on property zoned R-1 (Low Density Residential), located at 15544
Nopel Ave, approximately 400 feet north of Highway 32, Forest Ranch. This
project is located in Supervisorial District 3.
RELATED
ITEMS: None
FOR: Planning Commission Meeting of April 11, 1996
ABSTRACT: This request is for a Minor Use Permit for a licensed day care center for no more than 12
children. The proposal conforms to the zoning and the General Plan. No significant impacts will occur
as a result of this project. Staff recommends approval of this application.
PROJECT CHARACTERISTICS: This request is for a Minor Use Permit to allow a licensed day care
center for no more than 12 children. Butte County Code 24-120.E.1 states that a minor use permit is
required in a R-1 zone for large day care centers having between 7 but no more than 12 children. The
project site is a .6 acre (24,400 sq. ft.) parcel and is zoned R-1. A small day care center is currently
operated out of a single-family residence on the project site. The Land Use Element of the Butte County
General Plan designates the property as Low -Density Residential. A 1,550 sq. ft. home occupies the site.
Domestic water for the project site is obtained from a community well. An on-site septic tank and
leachfield system handles sewage disposal for the residence. Surrounding parcels are zoned R-1, TM -1,
and N -C and have a General Plan designation of Low -Density Residential. Surrounding parcels range
in size from .34 to 1.7 acres and the land use is mountain -residential. There are no other large day care
center facilities located within 500 feet driving distance from the project site.
ANALYSIS: This project will allow a large day care center in a R-1 zone. A small day care center (6 or
less children) is currently operated out of the project site. The increase in the number of children will not
significantly impact the neighborhood. The house is located approximately 100 feet off of Nopel Ave so
there will not be any vehicles stopping on Nopel Ave. There is plenty of off-street parking for the day care
center employees as well as for parents dropping off/picking up their children. There will be an increase
in the amount of sewage flowing into the on-site septic system. The Butte County Environmental Health
Department has stated that the septic system must meet the requirements of the Environmental Health
Department for minimum sewage disposal system requirements. The Butte County Fire Department has
stated that building identification and or/addresses shall be installed and maintained in conformance with
PRC 4290 and provide all weather access to all structures, which is designed to carry a 40,000 pound
fire apparatus at least 10 feet wide with a 15 foot vertical clearance. The Butte County Department of
Public Works has stated that a concrete driveway approach meeting County Standards be constructed
■ Butte County Department of Development Services ■ Planning Division ■
AGENDA ITEM
behind the existing curb and gutter in order to handle the increase in vehicle traffic.
There will be an increase in the number of vehicle trips on Nopel Ave due to this project. One person who
does not live at the residence will be employed. The change from a small day care home to a large day
care home will increase the number of vehicle trips generated due to the day care facility from
approximately 12 to approximately 26. This increase will not cause any significant impacts to Nopel Ave.
or to the intersection of Nopel Ave. and Hwy. 32.
This request is consistent with the intent and requirements of Section 24-265 of the Butte County Code.
Upon review of this licensed day care application, staff has determined that the proposed day care will
not significantly impair the integrity of the zone in which it lies; nor will it be detrimental to the health, safety,
and welfare of the intended occupants or the immediate neighborhood.
ENVIRONMENTAL DOCUMENTATION: This application has been determined to be categorically
exempt from the provisions of CEQA under a Class 3 exemption.
PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be held. Notices of
the hearing will be mailed to the nearest 10 property owners.
RECOMMENDATION: Staff recommends that the Planning Commission approve the Minor Use Permit
for Deborah Willsey on APN 063-150-018, File # MUP 96-09, subject to the findings and conditions listed
in Exhibit A.
Exhibits: A. Conditions of Approval
Attachments: A. Vicinity Map
B. Site Plan
k:\projects\willsey.mup\willsey. rpt
■ Butte County Department of Development Services ■ Planning Division ■
2
EXHIBIT A
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Receipt)
MUP 96-09
PERMIT NO.
063-150-018
ASSESSOR'S PARCEL NUMBER
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set
forth below: Deborah Willsey is hereby granted a Minor Use Permit in accordance with the application
filed Feb. 13, 1996, to allow a large day care center on property zoned R-1 located at 15544 Nopel Ave.,
Forest Ranch.
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. 24-45.65.
2. Unless otherwise provided for in a special condition to this use permit, all conditions must
be completed by the Permittee within 12 months of the delivery of the countersigned permit
to the Permittee.
3. If any use for which a 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. 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.
FINDINGS:
Section 1: Environmental Findings.
A. This application for a Minor Use Permit to allow a large day care center is Categorically
Exempt from environmental review; and
Section 2: Zoning Ordinance Findings.
A. The proposed location, size, design, and operating characteristics of the proposed use is
in accordance with the purpose of Chapter 24 of the Butte County Code, the purpose of
the zone in which the site is located, the Butte County General Plan, and the development
■ Butte County Department of Development Services ■ Planning Division ■
3
AGENDA ITEM
policies and standards of the County; and
B. The proposed 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;
2. The availability of public facilities, services and utilities;
3. The harmful effect, if any, upon desirable neighborhood character;
4. The generation of traffic and the capacity and physical character of surrounding
streets;
5. The suitability of the site for the type and intensity of use or development which is
proposed;
6. Any other relevant impact of the proposed use.
C. The proposed location, size, design, and operating characteristics of the proposed use and
the conditions under which it will be operated or maintained will not be detrimental to the
public health, safety and general welfare, or materially injurious to properties or
improvements in the vicinity; and
D. The proposed use will comply with each of the applicable provisions of Chapter 24, Section
265, of the Butte County Code.
Section 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, Minor Use Permit
for Deborah Willsey on APN 063-150-018 to allow a large day care center is approved
subject to the conditions listed herein.
B. 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 and only as to those conditions or requirements recommended
by their respective departments. 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.
C. Conditions of Approval:
The facility is a single-family residence that is the principal residence of the provider and
the use is clearly incidental and secondary to the use of the property for residential
purposes.
2. In addition to providing the required number of parking spaces_ for the residential use, one
off-street parking space for each employee of the facility and one off-street parking
space\loading area shall be provided. The driveway area may be used to meet this
requirement.
■ Butte County Department of Development Services ■ Planning Division ■
4
AGENDA ITEM
3. One non -illuminated sign, not to exceed 3 square feet in area and four feet in height, shall
be allowed.
4. The Large Family day care home shall be licensed by the California Department of Social
Services, Community Care Licensing.
5. Meet all State Fire Marshall regulations pertaining to Large Family day care facilities.
6. Building identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted at the beginning of building construction and
maintained continuously thereafter.
7. Provide an all weather access to all structures, which is designed to cant' a 40,000 pound
fire apparatus at least 10 feet wide with a 15 foot vertical clearance.
8. Construct a concrete driveway approach to County Standards behind existing curb and
gutter.
9. Meet the requirements of the Butte County Environmental Health Department for minimum
sewage disposal system requirements.
10. Applicant must also comply with all other applicable State and local statutes, ordinances,
and regulations.
NOTE: Issuance of this permit does not waive the requirement of obtaining Building Division and
Environmental Health Division permits before starting construction, nor does it waive any other
requirements of federal state, and local law.
Butte County Planning Commission Chairman
cc: Land Development Division
Building Division
Environmental Health Division
California Department of Forestry
■ Butte County Department of Development Services ■ Planning Division ■
Vlclnl
Project L
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MUP 96-09
APO 063=150=018
ch
PI
VVILLSE""f
L
BUTTE COUNTY PLANNING COMMISSION
Applicant: Deborah Willsey Owner: Same
Hearing Date: April 11, 1996 @ 9:00 a.m. Existing Zone: R-1 (Residential) N
Request: Minor Use Permit to allow a licensed day care center for no more than 12 children. No Scale
1 I Assessor Parcel No: 063-150-018 1 File: 96-09 1
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that public hearings will
be held on Thursday, April 11, 1996, in the Butte County Board of Supervisors' Room,
County Administration Center, 25 County Center Drive, Oroville, California, regarding the
following item at the following time:
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW
9:00 a.m. = Deborah Willsey - Minor Use Permit to allow a licensed day care center for
no more than 12 children on property zoned R-1 (Residential) located at
15544 Nopel Avenue, identified as AP 063-150-018, Forest Ranch. (SB)
(MUP96-09)
The above mentioned application and map are being referred by the Planning Manager to
the Planning Commission regarding policy issues for senior citizen units. The Planning
Commission will be the final authority on these items. The applications and maps are on
file and available for public viewing at the office of the Butte County Planning Department,
7 County Center Drive, Oroville, California. If you challenge the above applications 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
BARRY K. HOGAN, PLANNING MANAGER
To be published in the Oroville Mercury Register on Monday, April 1, 1996.
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that public hearings will
be held on Thursday, April 11, 1996, in the Butte County Board of Supervisors' Room,
County Administration Center, 25 County Center Drive, Oroville, California, regarding the
following item at the following time:
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW
9:00 a.m. - Deborah Willsey - Minor Use Permit to allow a licensed day care center for
no more than 12 children on property zoned R-1 (Residential) located at
15544 Nopel Avenue, identified as AP 063-150-018, Forest Ranch. (SB)
(MUP96-09)
The above mentioned application and map are being referred by the Planning Manager to
the Planning Commission regarding policy issues for senior citizen units. The Planning
Commission will be the final authority on these items. The applications and maps are on
file and available for public viewing at the office of the Butte County Planning Department,
7 County Center Drive, Oroville, California. If you challenge the above applications 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
BARRY K. HOGAN, PLANNING MANAGER
To be published in the Oroville Mercury Register on Monday, April 1, 1996.
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that public hearings will
be held on Thursday, April 11, 1996, in the Butte County Board of Supervisors' Room,
County Administration Center, 25 County Center Drive, Oroville, California, regarding the
following item at the following time:
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW
9:00 a.m. - Deborah Willsey - Minor Use Permit to allow a licensed day care center for
no more than 12 children on property zoned R-1 (Residential) located at
15544 Nopel Avenue, identified as AP 063-150-018, Forest Ranch. (SB)
(MUP96-09)
The above mentioned application and map are being referred by the Planning Manager to
the Planning Commission regarding policy issues for senior citizen units. The Planning
Commission will be the final authority on these items. The applications and maps are on
file and available for public viewing at the office of the Butte County Planning Department,
7 County Center Drive, Oroville, California. If you challenge the above applications 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
BARRY K. HOGAN, PLANNING MANAGER
To be published in the Oroville Mercury Register on Monday, April 1, 1996.
BUTTE COUNTY DEVELOPMENT SERVICES PLANNING DIVISION
NOTICE OF PROPOSED MINOR USE PERMIT APPROVAL
Notice is hereby given that the Butte County Planning Manager is proposing to grant a Minor Use
Permit to Deborah Willsey to allow a licensed Day Care center for no more than 12 children on
property zoned R-1, identified as AP 063-150-018, located at 15544 Nopel Avenue, approximately
400 feet north of Highway 32, Forest Ranch. The permit will be granted subject to the following
conditions:
The facility is a single-family residence that is the principal residence of the provider and the
use is clearly incidental and secondary to the use of the property for residential purposes.
2. In addition to providing the required number of parking spaces for the residential use, one
off-street parking space for each employee of the facility and one off-street parking
space\loading area shall be provided. The driveway area may be used to meet this
requirement.
3. One non -illuminated sign, not to exceed 3 square feet in area and four feet in height, shall
be allowed.
4. The Large Family day care home shall be licensed by the California Department of Social
Services, Community Care Licensing.
5. Meet all State Fire Marshall regulations pertaining to Large Family day care facilities.
6. Building identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted at the beginning of building construction and
maintained continuously thereafter.
7. Provide an all weather access to all structures, which is designed to carry a 40,000 pound
fire apparatus at least 10 feet wide with a 15 foot vertical clearance.
8. Construct a concrete driveway approach to County Standards behind existing curb and
gutter.
9. Meet the requirements of the Butte County Environmental Health Department for minimum
sewage disposal system requirements.
10. Applicant must also comply with all other applicable State and local statutes, ordinances,
and regulations.
NOTE: "Minor changes may be approved administratively by the Director of Development Services
upon receipt of a substantiated written request by the applicant. 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 an amendment."
Persons wishing to comment on the project may submit written comments to the Butte County
Planning Division any time prior- to March 21, 1996. The Planning Manager shall consider all
comments in determining if the application meets all of the above conditions and criteria. Upon
finding that the proposed use does or will meet all of the conditions and criteria, the Planning
Manager will hold a hearing on March 25, 1996, at 10:00 a.m., at 7 County Center Drive,
Oroville. Any interested person may attend this hearing. The decision of the Planning Manager
will be submitted, to the Planning Commission for final approval. If recommended for approval, this
item will be on the Planning Commission Consent Agenda at their regular scheduled meeting of
BUTTE COUNTY DEVELOPMENT SERVICES PLANNING DIVISION
NOTICE OF PROPOSED MINOR USE PERMIT APPROVAL
Notice is hereby given that the Butte County Planning Manager is proposing to grant a Minor Use
Permit to Deborah Willsey to allow a licensed Day Care center for no more than 12 children on
property zoned R-1, identified as AP 063-150-018, located at 15544 Nopel Avenue, approximately
400 feet north of Highway 32, Forest Ranch. The permit will be granted subject to the following
conditions:
1. The facility is a single-family residence that is the principal residence of the provider and the
use is clearly incidental and secondary to the use of the property for residential purposes.
2. In addition to providing the required number of parking spaces for the residential use, one
off-street parking space for each employee of the facility and one off-street parking
space\loading area shall be provided. The driveway area may be used to meet this
requirement.
3. One non -illuminated sign, not to exceed 3 square feet in area and four feet in height, shall
be allowed.
4. The Large Family day care home shall be licensed by the California Department of Social
Services, Community Care Licensing.
5. Meet all State Fire Marshall regulations pertaining to Large Family day care facilities.
6. Building identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted at the beginning of building construction and
maintained continuously thereafter.
7. Provide an all weather access to all structures, which is designed to carry a 40,000 pound
fire apparatus at least 10 feet wide with a 15 foot vertical clearance.
8. Construct a concrete driveway approach to County Standards behind existing curb and
gutter.
9. Meet the requirements of the Butte County Environmental Health Department for minimum
sewage disposal system requirements.
10. Applicant must also comply with all other applicable State and local statutes, ordinances,
and regulations.
NOTE: Minor changes may be approved administratively by the Director of Development Services
upon receipt of a substantiated written request by the applicant. 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 an amendment."
Persons wishing to comment on the project may submit written comments to the Butte County
Planning Division any time prior to March 21, 1996. The Planning Manager shall consider all
comments in determining if the application meets all of the above conditions and criteria. Upon
finding that the proposed use does or will meet all of the conditions and criteria, the Planning
Manager will hold a hearing on. March 25, 1996, at 10:00 a.m., at 7 County Center Drive,
Oroville. Any interested person may attend this hearing. The decision of the Planning Manager
will be submitted, to the Planning Commission for final approval. If recommended for approval, this
item will be on the Planning Commission Consent Agenda at their regular scheduled meeting of
COUNTY OF BUTTE
OFFICE OF PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE
OROVILLE, CALIFORNIA 95965-3397
PUBLIC
HEARING
NOTICE
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