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HomeMy WebLinkAboutMUP 96-12Ah PROJECT SUMMARY SHEy i # s FILE #: MUP 96-1).�`' PROJECT TYPE: Minor Use Permit APPLICANT: Agustin Carrillo ADDRESS: P.O.Box 22 Palermo CA 95968 OWNER: Same ADDRESS: REPRESENTATIVE: None ADDRESS: PROJECT DESCRIPTION: Minor Use Permit for a permanent second dwellin PROPERTY ZONED: ARM -H-5 LOCATED: At 7510 Palermo-Honcut highway, approximately 400 ft. north of Louis Ave. AP#: 026-230-025 TOWN/AREA: Palermo GENERAL PLAN DESIGNATION: Agricultural -Residential 1. Application complete: January 31,1996 Amount: S 1288.00 Receipt #: 15252 2. Comments sent to: E.H./Sheriff/DSD/Planning Manager/PW/CDF/Oroville High School/Palermo School District 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: 1\ 7. Environmental Determination: State Clearinghouse No: Subject to Fish & Game: 8. _Staff Report: Project Video: 9. Clearinghouse circulation required: Yes No 10. Publication Notice Written: 11. Notices Mailed: 12. Newspaper Publication Date: 13. Planning Commission I Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Hearing(s): o Action taken: Board Resolution No.: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other Date Sent to SCH: Display Ad Prepared: her of Notices: 15. 16. Type Use Permit/Send for signature: N.O.E. / N.O.D. / APPENDIX G: 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit / Variance to Planning Technician: D:r 5 g Ordinance No: Adopted: Fish & Game Fees Paid: Yes No 96-207 Public hearing - Agustin Carrillo - consideration of an appeal of the Planning Commission's denial of a minor use permit (item determined to be categorically exempt from environmental review) to allow a permanent second dwelling on property zoned AR -MH -5 (Agricultural Residential - Mobile Home - 5 acre parcels), property located at 7510 Palermo Honcut Highway, approximately 400 feet north of Louis Avenue, identified as AP 026-230-025, Palermo - action requested - STAFF RECOMMENDS THAT THE BOARD CONCUR WITH THE PLANNING COMMISSION AND DENY THE MINOR USE PERMIT FOR A PERMANENT SECOND DWELLING UNTT ON APN 026-230-025, SUBJECT TO ENVIRONMENTAL AND ZONING ORDINANCE FINDINGS (STAFF REPORT DATED JUNE 25, 1996.) (58) ' MOTION: SUBJECT TO ENVIRONMENTAL FINDING: A. THIS APPLICATION FOR A MINOR USE PERMIT TO ALLOW A SECOND DWELLING. UNIT IS CATEGORICALLY EXEMPT ` FROM ENVIRONMENTAL REVIEW; ANP... 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 BUTTF. ' 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; B. THE ,PROPOSED LOCATION, SIZE, DESIGN, AND OPERATING CHARACTERISTICS OF THE PROPOSED USE. WILL NOT BE COMPATIBLE ' WITH AND WILL 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; AND 6. ANY OTHER RELEVANT RvIPACT OF THE PROPOSED USE; C. THE PROPOSED LOCATED, SIZE, DESIGN, AND OPERATING CHARACTERISTICS OF THE PROPOSED USE AND THE CONDITIONS UNDER WHICH IT WILL BE OPERATED OR MAINTAINED WILL BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, OR t BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - July 23, 1996 _, MATERIALLY INJURIOUS TO PROPERTIES OR IMPROVEMENTS . IN THE- VICINITY; AND D. THE PROPOSED USE WILL COMPLY WITH EACH OF THE APPLICABLE PROVISIONS OF CHARTER 24, SECTION 280, OF THE BUTTE COUNTY CODE, I MOVE TO DENY THE MINOR USE PERMIT FOR A PERMANENT SECOND DWELLING UNIT FOR AGUSTIN CARRILLO ON APN 026-230- 025. S VOTE: 1 Y 2Y 3Y 4Y 5Y (Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES —,July 23, 1996 AGENDA REPORT TO: Honorable Chair and Board of Supervisors FROM: Stephen Betts, Assistant Planner DATE: June 25, 1996 REQUEST: File # MUP 96-12 -Agustin Carrillo (Applicant/Owner), APN 026-230-025: A request for a Minor Use Permit for a permanent second dwelling unit on property zoned ARMH-5 (Agricultural- Residential Mobile Home, 5 acre minimum parcel size), located on the west side of Palermo-Honcut Highway, approximately 400 feet north of Louis Ave., at 7510 Palermo-Honcut Highway, Palermo area. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: - Board of Supervisors Meeting of July 23, 1996 SUMMARY: This request is for a Minor Use Permit for a permanent second dwelling unit. The proposal conforms to the zoning and the General Plan. This application was discussed at two separate Butte County Planning Commission meetings, with the Commission denying the application on a 4-0 vote at the second meeting. The Commission was primarily concerned about the flooding potential on the project site. Staff recommends that the . Board of Supervisors confirm the Planning Commission's decision and deny the project. PROJECT CHARACTERISTICS: This request is for a Minor Use Permit to allow a permanent second dwelling unit pursuant to Butte County Code Section 24-280 as amended by Ordinance 3176. The property is a 6.22 acre parcel and is zoned ARMH-5. The Land Use Element of the Butte County General Plan designates the property as Agricultural -Residential. A 672 sq. ft. mobile home is located on the northeastern portion of the property, approximately 50 ft. west of Palermo-Honcut Highway. Domestic water for the project site is obtained from an on-site well. An on-site septic tank and leachfield system handles sewage disposal for the residence. Surrounding parcels are zoned ARMH-1, ARMH-5, and A-5. Surrounding parcels have a General Plan designation of Agricultural - Residential and range in size from 5 to 24 acres, with the predominate size being 5 acres. The project parcel has three different flood designations for various portions of the parcel: 1) Floodway; 2) Shaded zone X flood zone, which designates a 100 year flood zone; and 3) AE flood zone, which is a 100 -year flood plain for which base flood elevations have been determined. The flooding potential originates from Wyman Ravine, which runs along the south boundary of the parcel, approximately 150 feet from the location of the proposed second unit. Additional flooding potential originates from a ditch that runs along the north parcel line of the project site. This item was before the Planning Commission on two separate meetings, with the Commission denying the project on a 4-0 vote at the second meeting. The Commission was very concerned about placing another dwelling unit in a flood zone, and voted to deny the project based on the inability to make Finding B, #5 "the suitability of the site for type and intensity of use or development which is proposed" and Finding 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." ANALYSIS: This project will allow a 720 sq. ft. mobile home as a permanent second dwelling unit. The 6.22 acre parcel exceeds the minimum lot size requirements of the ARMH-5 zone. The proposed location of the second dwelling will be outside of the required setbacks for the ARMH-5 zone. There is adequate space for two off-street parking spaces for the second dwelling unit. Access to the second dwelling unit will be via an existing driveway off of Palermo-Honcut Highway. New vehicle traffic generated by the addition of the second dwelling unit will be minimal and will not have a significant impact on Palermo-Honcut Highway. There is good sight visibility in both directions ■ Butte County Department of Development Services 0 from the project site's access road of Palermo-Honcut Highway. Portions of the project site are located either in a floodway, an AE flood zone, or in a X flood zone. Butte County allows dwellings units to be built in flood zones, but not within floodways. The proposed location of the second dwelling unit is within the AE flood zone. Any structures located in this flood zone would be subject to flooding from Wyman Ravine, which is located approximately 150 feet south from the location of the proposed second dwelling unit. Several conditions were recommended to help reduce the impacts of flooding to the second dwelling unit. One condition would require that the second dwelling unit have a finished floor level one (1) foot above the base flood elevation. This condition is now part of the recently amended Butte County Flood Ordinance. Another condition of this project would require that the second dwelling unit be located within 100 ft. of the north property line. However, based on recently obtained information from the Department of Public Works, staff recommends that this condition be deleted, if this project is approved, because flooding has occurred in a ditch that runs along the project site's north property line. This condition would have placed the second dwelling unit closer to the source of known flooding than was proposed by the applicant. According to the Butte County Department of Public Works, flood waters have flowed across Palermo Honcut Highway just north of the project site. The flooding originated from water backing up in a small, vegetation -filled drainage ditch located along the north property line of the project site. The flood waters flowed across the highway for approximately 400 ft. The highway has been lined with rock to help protect it during future flooding events. The Department of Public Works does not have a record of any other flooding on the project parcel. The Butte County Fire Department has requested several conditions for this project in order to lessen the impacts to fire protection services. One condition requires that building identification and address be installed and maintained in conformance with Public Resources Code 4290. The second condition requires that the applicant pay $200.00 into the Battalion 7 water tender fund prior to issuance of a building permit for the second dwelling unit. The third condition requires that an all-weather access be provided to all structures on the project site. The Butte County Environmental Health Division has stated that a septic system for the second dwelling unit will need to be installed under permit from their Division. The sewage disposal system will have to meet the requirements of Butte County Code Section 26-26 for sewage disposal systems located within a flood plain. Domestic water will be supplied by the well that provides water for the primary dwelling unit. Butte County Code Section 24-41 deals with the required finding for approval of a Minor Use Permit. There are six areas that must be considered for approval of a Minor Use Permit: t. Harmony in scale, bulk, coverage and density - The existing dwelling unit is a 672 sq. ft. (12' X 56') mobile home, and the proposed second dwelling unit will be a 720 sq. ft. (12' X 60') mobile home. The two mobile homes will be in scale and bulk with each other. The coverage and density of the project parcel will not be increased significantly due to the relatively large size of the parcel. The existing structures and the proposed mobile home will cover less than 1 % of the project parcel. 2. The availability of public facilities, services and utilities - Telephone and electrical services already extend to the project parcel. Public water and sewer systems are not located in the project area. The nearest fire station is located approximately 1.3 miles away in Palermo. 3. The harmful effect, if any, upon desirable neighborhood character - The project area is agricultural -residential, with parcel sizes from 5 to 24 acres, with the predominate size being 5 acres. Most parcels have some type of agricultural use. The neighborhood consists of a mixture of conventionally -built homes and mobile homes, one per parcel. The existing mobile home is visible from Palermo Honcut Highway, as will the proposed mobile home. 4. The generation of traffic and the capacity and physical character of surrounding streets - The proposed second dwelling unit will result in a minor increase in vehicle traffic on Palermo Honcut Highway. A single ■ Butte County Department of Development Services ■ 2 • family dwelling unit in an urban area generates appro)dmately 10 vehicle trips per day. The increase in vehicle traffic due to the proposed second dwelling unit will not have a significant impact on vehicle circulation in the project area. 5. The suitability of the site for the type and intensity of use or development which is proposed - The whole project site lies within various flood zones, and flooding has occurred in a ditch that runs along the north property line of the project site. The proposed location of the second dwelling unit is located within a flood zone for which base flood elevations have been determined. The existing dwelling is also located in this flood zone. Allowing another dwelling unit on the project parcel will subject the occupants of that dwelling unit to possible flood hazards. 6. Any other relevant impact of the proposed use - None. This request is consistent with the intent and requirements of Section 24-280 of the Butte County Code. However, based upon information presented at the Planning Commission hearings, staff has determined that the proposed second unit will be detrimental to the health, safety, and welfare of the occupants of the permanent second dwelling unit due to the flooding hazards associated with the project site. 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 Board of Supervisors concur with the Planning Commission and deny the Minor Use Permit for a permanent second dwelling unit for Agustin Carrillo on APN 026-230-025, File # MUP 96-12, subject to the findings listed in Exhibit "A." Exhibits: A. Findings Attachments: A: Planning Commission Staff Report B. Vicinity Map C: Area Map D. Site Plan E: Flood zone map F: Minutes of April 17, 1996 Planning Commission Meeting G: Minutes of May 20, 1996 Planning Commission Meeting Reviewed and a-nnroved by: Wil 'a arrel, Deve opment Services Director k:\projects\carrillo.mup\carrillo.bos ■ Butte County Department of Development Services ■ 3 EXHIBIT A Section 1: Environmental Findings. 0 A. This application for a Minor Use Permit to allow a Second Dwelling Unit 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 on, 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 not be compatible with and will 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 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 280, of the Butte County Code. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, move to deny the Minor Use Permit for a permanent second dwelling unit for Agustin Carrillo on APN 026-230-025. ■ Butte County Department of Development Services ■ 4 A. Agustin Carrillo - (Item determined to be categorically exempt from environmental review) - - Minor Use Permit to allow a permanent second, dwelling., on. property, zoned AR -MH -5 (Agricultural Residential - Mobile Home - 5 acre parcels) located at 7510 Palermo Honcut Highway, approximately 400 feet north of Louis Avenue, identified as AP 026-230-025, Palermo.N (SB) (MUP96-12) (Continued open from May 9, 1996) Steve Betts said the Public Works Dept. stated that water flowed over a 100 ft. area on Palermo-Honcut Hwy. The water from Wyman Ravine backs up against the highway and then flows over it. The highway was recently reinforced at that point. He referred to the exhibit map and said it is recommended that the proposed second dwelling unit be placed within 100 ft. of the northern property line in order to be further from the AE flood zone. Chairman Seegert said he looked at the property, and the area of the road which was repaired was not as described in the memo -- the repaired section is about 340 feet long and it starts about 50 feet north of the .existing mobile home. Mr. Betts said he had talked to the Public Works road foreman about the repair, but had not actually looked at the road. -Chairman Seegert said the repair is consistent with what is shown on the map as a floodway. (AE Flood z Zone) Mr. Betts said the AE Flood zone is not a floodway, but is within -a-100 year flood-zoner Chairman Seegert said the only road repair is to the north of the existing mobile home. There is no repair to the south of the mobile home. Mr. Betts said that his information was supplied by the road foreman. HEARING RE -OPENED TO THE PUBLIC No one was present to speak on this item. HEARING CLOSED TO THE PUBLIC Commissioner Lynch suggested adding the following wording to the permit: "The applicant has been advised that his property is in a designated flood zone rated AE on FEMA maps. He is further advised that he should locate and construct his second dwelling taking this designation into consideration", and "The applicant in exercising this permit will hold harmless the County of Butte if any damage occurs as a result of any construction under this permit." Commissioner Lynch thought it would be unwise to specify a building location in case something should happen upstream which would divert water to that location. Neither should the applicant be required to raise the dwelling above flood level in case there should be an earthquake and the house should be raised up on stilts that are unnecessary or unsafe. Commissioner Cage agreed with the above comment since the epicenter of the 1975 earthquake was in Palermo. Mr. Betts said that dwellings are allowed in flood zones, but not floodways. Mr. Farrel suggested adding wording "that the dwelling should not be located in a floodway according to the latest FEMA map." BUTTE COUNTY PLANNING COMMISSION MINUTES - May 23, 1996 • Mr. Sanders said that dwellings are allowed in Zone X and the Zone AE, but not in the floodway. Chairman Seegert said that people should be allowed to use their property -even in a difficult situation such as a flood zone, but in a risk situation, the use should not be doubled. Commissioner Cage agreed with the above comment as long as the owner has been notified of what has happened in the zone. Commissioner Lambert said the Commission should not be obligated to approve a second dwelling in this type of situation, where double the amount of land is not available, the land lies within a flood zone, and the second unit would be permanent and possibly rented out to people who would not be aware of the dwelling being in a flood zone. She could not support a second dwelling in this location in this situation. Commissioner Cage asked if anything has been done about changing the application to an Aunt Minnie instead of a permanent second dwelling. Mr. Betts said that his attempts to contact the applicant to discuss that possibility were unsuccessful. Chairman Seegert said the property is not suitable for any kind of second dwelling due to flood waters. Commissioner Lambert said the applicant has one dwelling on the property and is not being deprived of use of his property. Chairman Seegert thought the Commission is not obligated to allow doubling use of a property in a risk situation. Mr. Farrel noted the findings that should be considered in approving or,denying a project are listed on page 4 of the Agenda Report dated April 17, 1996. It was moved by Chairman Seegert, seconded by Commissioner Lambert, and carried unanimously to deny the project for Agustin Cardillo based on the inability to make Finding B, #5 "the suitability of the site for the type and intensity of use or development which is proposed" and Finding 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." 7 Commissioner Lambert said that the applicant should be advised of his opportunity to appeal the decision of -the Commission... - - Mr. Sanders said that there is a ten day appeal period. BUTTE. -COUNTY PLANNING COMMISSION MINUTES- May 23, 1996 C. Agustin Carrillo - (Item determined to be categorically exempt from environmental - review) Minor Use Permit to allow a permanent second dwelling on property zoned AR -MH -5 (Agricultural Residential - Mobile Home - 5 acre parcels) located at 7510 Palermo Honcut Highway, approximately 400 feet north of Louis Avenue, identified as AP 026-230-025, Palermo. (SB) (MUP96-12) Stephen Betts said that the property is in a FEMA designated flood zone from Wyman Ravine. Conditions 7 and 11 are in response to the flood potential, for finish floor elevation and sewage disposal systems. Condition 12 requires the proposed mobile home to be located closer to the north property line and further away from Wyman Ravine. Chairman Seegert said that on the north part of the property along Palermo Honcut Hwy. there is riprapping. The base rock is all in the drainage swale, which is consistent with a large volume of water flooding across the road. Wyman Ravine is the established drainage way to the south, but it looks like there has been flooding on the north part of the property. The base rock that t should be on the road is down in the drainage swale. Mr. Betts said that the Environmental Health Dept. was not aware of any flooding on the property. Commissioner Nelson wondered what special conditions are required for septic systems in flood zones. Mr. Farrel said that the Environmental Health Dept. has specific standards for septic systems in flood zones. Mr. Sanders said that most of the property is within the flood zone and that is the reason to require the second dwelling to be as far away from Wyman Ravine as possible. Agustin Carrillo was present. Chairman Seegert asked what use would be made of the second dwelling. Mr. Sanders said the second unit might be used as a rental unit. Commissioner Lynch said that the applicant should understand that he must reside on- the property. HEARING OPEN TO THE PUBLIC Mr. Carrillo said that his niece would be living on the property. _ BUTTE COUNTY PLANNING COMMISSION MINUTES _ May 9, 1996.- 0 Mr. Sanders said that Mr. Carrillo must actually live on the property. Mr. Carrillo said he would move, onto the property, as would his niece. Mr. Farrel said that Butte County allows construction in the flood plains. Commissioner Lambert said that the parcel contains 6 acres and has a 5 acre zoning designation, and although we have been told.density.cannot be used as a,basis for denial, itis a concern. An Aunt Minnie might be more appropriate since it is -a temporary unit, and because of the parcel size and being in. a flood -zone. Commissioner Nelson said that if relatives are involved, an Aunt Minnie would be appropriate. HEARING CLOSED TO THE PUBLIC Commissioner Lynch said that, because of the property being in a flood plain, there should be, a condition that the applicant sign a Hold Harmless Agreement with Butte County absolving the County from any responsibility from any damage that might result from this permit, the agreement being subject to the approval of County Counsel. Mr. Sanders said that normal building permits allow building in flood plains without Hold Harmless Agreements. Commissioner Lynch said that the applicant should sign something since he would be obtaining two permits -- a Use Permit and a building permit. Chairman Seegert was concerned about two dwellings, with septic systems, and a common well in a flood zone, given the evidence of flooding. Mr. Farrel suggested continuing the item in order to look at the aerial photos and discuss the flooding potential with Public Works and the Environmental Health Dept., and discuss the Hold �n 7 lid Harmless Agreement with County Counsel, and also discuss an Aunt Minnie application with the applicant. Commissioner Nelson said that he would not object to a temporary Aunt Minnie use since a relative is involved, but he does not feel comfortable with a second unit on a 5 acre parcel in a 5 acre zone. Commissioner Lynch said the property is not adjacent to parcels smaller than 5 acres. BUTTE COUNTY PLANNING COMMISSION MINUTES May 9, 1996 Commissioner Nelson said that Planning staff should make it quite clear to applicants that second units are not really considered "minor" use permits by the Planning Commission, and the Commission is not comfortable with doubling the density of the zone with second units. Chairman Seegert said that it appears that lots of erosion has taken place, as indicated by the base rock in the drainage swale, and riprapping. Mr. Sanders said that Public Works should have records if there has been flooding at that location. Commissioner Lambert said that maybe even an Aunt Minnie might not be advisable. Commissioner Lynch said that he would favor denial of this application, but would consider supporting an Aunt Minnie. THE HEARING WAS RE -OPENED It was moved by Commissioner 11-ynch, seconded by Commissioner Cage, and carried unanimously to continue "Open" the hearing to May 23, 1996, at 9:00 a.m. for more information. �� BUTTE COUNTY PLANNING COMMISSION MINUTES _ May 9, 1996 AGENDA REPORT TO: Honorable Chair and Planning Com ission FROM: Barry K. Hogan, Planning Manager BY: Stephen Betts, Assistant Planner DATE: April 17, 1996 REQUEST: File # MUP 96-12 -Agustin Carrillo (Applicant/Owner), APN 026-230-025: A request for a Minor Use Permit for a permanent second dwelling unit on property zoned ARMH-5 (Agricultural- Residential Mobile Home, 5 acre minimum parcel size), located on the west side of Palermo-Honcut Highway, approximately 400 feet north of Louis Ave., at 7510 Palermo-Honcut Highway, Palermo area. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: Planning Commission Hearing for May 9, 1996 SUMMARY: This request is for a Minor Use Permit for a Second Unit. The proposal conforms to the zoning and the General Plan. Staff recommends approval of this application. PROJECT CHARACTERISTICS: This request is for a Minor Use Permit to allow a Second Unit pursuant to Butte County Code Section 24-280 as amended by Ordinance 3176. The property is a 6.22 acre parcel and is zoned ARMH-5. The Land Use Element of the Butte County General Plan designates the property as Agricultural - Residential. A 672 sq. ft. mobile home is located on the east portion of the property, adjacent to Palermo-Honcut Highway. Domestic water for the project site is obtained from an on-site well. An on-site septic tank and leachfield system handles sewage disposal for the residence. Surrounding parcels are zoned ARMH-1, ARMH-5, and A-5. Surrounding parcels have a General Plan designation of Agricultural -Residential and range in size from 5 to 24 acres, with the predominate size being 5 acres. Portions of the parcel are located in an "AE" flood zone, which is a 100 -year flood plain for which base flood elevations have been determined. The flooding potential originates from Wyman Ravine, which runs along the south boundary of the parcel, approximately 150 feet from the location of the proposed second unit. ANALYSIS: This project will allow a 720 sq. ft. mobile home as a permanent second dwelling unit. The 6.22 acre parcel exceeds the minimum lot size requirements of the ARMH-5 zone and will not become overcrowded due to the second unit. The proposed location of the second dwelling will be outside of the required setbacks for the ARMH- 5 zone. There is adequate space for two off-street parking spaces for the second dwelling unit. New vehicle traffic generated by the addition of a new dwelling unit will be minimal and will not have a significant impact on area streets. Access to the second dwelling unit will be via an existing driveway off of Palermo-Honcut Highway. The proposed location of the second dwelling unit is within the "AE" flood zone as shown on the Federal Emergency Management Agency's Flood Insurance Rate Map. Any structures located in this flood zone would be subject to flooding from Wyman Ravine, which is located approximately 150 feet south from the location of the proposed second dwelling unit. The location of the proposed second dwelling unit is too close to Wyman Ravine, and a condition of this project will require that the proposed second dwelling unit be placed within 100 feet of the north boundary of the subject parcel. The proposed second dwelling unit will still be within the flood zone, but will be located further from the possible flooding source. Another condition of this project will require that the second dwelling unit have a finished floor level one (1) foot above the base flood elevation. The base flood elevation level for the project site is 174 feet above sea level. The Butte County Fire Department has requested several conditions for this project in order to lessen the impacts to fire protection services. One condition requires that building identification and address be installed and maintained ■ Butte County Department of Development Services ■ Planning Division ■ in conformance with Public Resources Code 4290. The second condition requires that the applicant pay $200.00 into the Battalion 7 water tender fund prior to issuance of a building permit for the second dwelling unit. The third condition requires that an all-weather access be provided Wall structures on the project site. The Butte County Environmental Health Division has stated that a septic system for the second dwelling unit will need to be installed under permit from their Division. The sewage disposal system will have to meet the requirements of Butte County Code Section 26-26 for sewage disposal systems located within a flood plain. Domestic water will be supplied by the well that provides water for the primary dwelling unit. This request is consistent with the intent and requirements of Section 24-280 of the Butte County Code. Upon review of this second unit application, staff has determined that the proposed second unit 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 on APN 026- 230-025, File # MUP 96-12, for Agustin Carrillo for a second dwelling unit, subject to the findings and conditions listed in Exhibit A. Exhibits: A. Conditions of Approval Attachments: A. Vicinity Map B. Site Plan k:\projects\carrillo.mup\carrillo.rpt ■ Butte County Department of Development Services ■ Planning Division ■ 2 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) MUP 96-012 PERMIT NO. 026-230-025 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Agustin Carrillo is hereby granted a Minor Use Permit in accordance with the application filed February 8, 1996 to allow a second dwelling unit on property zoned ARMH-5 located at 7510 Palermo-Honcut Highway, Palermo. 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. 24-62. 2. Unless otherwise provided for in a condition to this Minor Use Permit, all conditions must be completed by the permittee within 24 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a Minor Use Permit has been granted is not established within two years 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 Second Dwelling Unit 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: ■ Butte County Department of Development Services ■ Planning Division ■ 3 • U 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 280, 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 Agustin Carrillo on APN 026-230-025 to allow a Second Unit 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 Second Unit shall not exceed 1200 square feet. 2. Provide two additional off-street spaces. 3. An attached or detached garage or carport with a maximum exterior dimension 20' by 24' is permitted. 4. Adequate sewer and potable water facilities shall be provided under permit as determined by the Butte County Environmental Health Division. 5. Either the existing single family dwelling or the Second Unit shall be owner occupied. Certification of ownership shall be required prior to permit issuance and annually thereafter by submittal of a declaration in a form specified by the Director of Development Services or designee. 6. No permits for any additional dwelling may be approved unless the Second Unit is first removed. 7. The second dwelling unit shall have a finished floor level one (1) foot above the base flood elevation. 8. Building identification and/or addresses shall be installed in conformance with Public ■ Butte County Department of Development Services ■ Planning Division ■ .19 • • Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 9. In lieu of a pressurized water system or water storage tank, payment of $200.00 per new dwelling unit into the Battalion 7 water tend fund, is required prior to the issuance of a building permit. 10. 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. 11. The sewage disposal system for the second dwelling unit shall meet the requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems located within a flood plain. 12. The second dwelling unit shall be located no more than 100 feet from the north boundary line of the parcel. 13. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. NOTE: Issuance of this Minor Use Permit does not waive the requirement of Environmental Health Division permits before starting construction and their apps nor does it waive any other requirements. Butte County Planning Commission Chairman cc: land Development Division .Building Division Environmental Health Division California Department of Forestry ling Building Division and prior to use or occupancy, ■ Butte County Department of Development Services ■ Planning Division ■ 5 Vicinity Map I I' MUP 96-12 AP# 026-230-025 Project Location j"t L H-5 Project ILocation BUTTE COUNTY PLANNING COMMISSION Applicant: Agustin Carrillo Owner: Same A I Hearing Date: May 9, 1996 @ 9:00 a.m. Existing Zone: ARMH-5 A Request: Minor Use Permit to allow a permanent second dwelling. No Scale Assessor Parcel No: 026-230-025 File: 96-12 DEPARTMENT OF DEVELOP! T SERVICES BUTTl*0UNTYrNff0RNl APPOC'ATION APPLICANT: Aeent information to be provided is on other side: APPLICANT'S NAME ( If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: A6&-5- A-1116 -77//U .-elqll'�RILZO - . ADDRESS: CITY. STATE & ZIP CODE - A a NAME OF PROPOSED PROJECT If any TELEPHONE LOCATION OF PROJE (Major cross is and Address, if 7516 7-lLM GENERAL 04FOOMATION REOUIRED .. .... OWNER'S NAME TELEPHONE ADDRESS: CITY. STATE & ZIP CODE. ZONE GENERAL PLAN EXISTING LAND USE SITE siiE in square Fea or Acres Eris, NG srRUCIURES (in Square Fea) PROPOSED STRUCryi-RES in Square Feet) /Z r 56 CR rl-L '01 p4 14 12- X6 0 (Check 0-) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED • E3 PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC J0 PROPERTY IS OR PROPOSED TO BE ON WELL WATER r3 GENERAL PLAN AMENDMENT r_3 REZONE 1-3 USE PERMIT MINOR USE PERMIT E3 VARIANCE [3 MINOR VARIANCE E3 ADMINISTRATIVE PERMIT [3 DEVELOPMENT AGREEMENT APPLICATION REQUESTED plan*' `---ant FL,� u 8 IN6 0 TENTATIVE PARCEL MAP C3 TENTATIVE SUBDIVISION MAP C3 WAIVER OF PARCEL MAP E3 MINING AND RECLAMATION PLAN [3 BOUNDARY LINE MODIFICATION E3 LEGAL LOT DETERMINATION E3 CERTIFICATE OF MERGER E3 OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets) UlJt7— tires ) - 7 ON ...... .... I CERTIFY THAT I AM MMENmy THE LEGAL OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGETHE FILINOF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (if an agent is to be authorized. execute the affidavit at sufteWdim 00 " mcf- side SIGNATURE. DATE. 7—/514(, RGENT AUTHORIZATION FOR To Butte County, Department of Development Services; Print Name of Agent and Phone Number Mailing Address : is hereby authorized to process this application for on my property, identified as Butte County Assesors Parcel Number .This authorbmtion 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 Owners) of Record: (Sign and Print Name) Print Name Print Name Sign re Signature Ar itect and/or Engineer: Print Name of Architect/Engineer and Phone Number Mainna Address FOR OFFICE USE ONLY Verify: Date received AP Number(s) Owners Authorization Project, Description ' Total amount received Legal Description Zoning requirements Copies of plot plan Taken by 5.1-f Receipt No. - EH .. LD / D—a� Plan�� 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 $ Q as of (7�����L= , ' Fal e�IIWT/ �L��-)/W�i BEI=` �E_ N0.R;6 tS TO BE ISO �E PH. 916/533-7681 O1'ti FLI L - S, A 'TI-) ATTACFIED� u= ECU, .! CONDITIONS. 0' ENCROACHMENT PERMIT • COUNTY. OF BUTTE DEPARTMENT OF PUBLIC WORKS 7 County Center Drive - OroviIIe, Cal i torn i a 95965 Phone: (91.6) 538-7681 APPLICATION Planning Departinerit FEB 6 E 1996 �r�Y"6 e107sV:i e,�syeai Li �;i� Permit No. .0 318 I, WE, the undersigned, hereby apply to the County of Butte for an encroachment permit to do the following work under or over the county roads and highways, all in accordance with county. ordinances and general laws. NAME MAILZ Phone . Location of work to be done ....................•- 5-12 ----- - ---- A..G .........Aa........................................................ PRIVATE CO-NTiRACTOR SHALL TYPE OF WORK TO BE DONE OBTAIN HiS OVjN PERMIT 1. Curb ................................. ...... Gutter .................................... Sidewalk ------------------------------- ------ "Please check" 2. Driveway (List type) C i ! v LG1.. 3. Underground Conduit .................. 4. Other........................•---......-•--.....--•---.......-•------....----....._.---•--......................-•---•-•---•---------------------..................------------------------------------.....----- PERMIT GRANTED In compliance with your above request, and subject*to all terms, conditions, or special conditions written below or printed on the back of this form, permission is hereby granted. SPECIAL CONDITIONS ..!.6.....A) .....5� 3.�.....OY2Gc/t�%................................................. ....... .... ..... ...4-.��.. >>-./........................................................................................ ............................................................................................................................. DIRECTOR OF PUBLIC WORKS Date Issued 1 .2.. . Surety. �Y V . i .......................................... PERMIT EXPIRES .�. Z.'. Z(o- � � BY--- ....=.....�/-: ..... 5-..................................... 0GENERAL CONDITIONS • 1. It is understood and agreed that the County has prior right to the use of its rights of way. It is further understood and agreed by the Permittee that the doing of any work under this permit shall constitute an accept- ance of all the provisions contained herein and failure on the Permittee's part to comply with any provision will be cause for revocation of this permit. Except as otherwise provided for public agencies and franchise holders, this permit is revocable at any time. This permit is to be on job at all times while the work is being done. 2. All work shall be done sub'ect to the supervision of and to the satisfaction of the Public Works Department of the County of Butte. The Vermittee shall, at all times, during the progress of the work, keep the County Highway in as neat and clean a condition as is possible and upon completion of the work granted herein, shall leave the County Highway in a thoroughly neat, clean, and usable condition. 3. The Permittee agrees by the acceptance of this permit to properly maintain any encroachment placed by the Permittee on any part of the County Highway and to immediately repair any injury to any portion of the highway, which occurs as a result of the encroachment, until such time as the Permittee may be relieved of the responsi- bility of such encroachment by the County Department of Public Works. 4. It is further agreed by the`Permittee that whenever construction, reconstruction, or maintenance work upon the highway may require, the installation provided for herein shall, upon request of the County Department of Public Works, be-immediately moved by and at the sole ;expense of the Permittee. 5.No material used for fill or backfill in the construction of the encroachment shall be borrowed or taken from within the county right of way. 6. At least one lane of any public road, under the jurisdiction of the Board of Supervisors of Butte County, and other public roads junctioning or intersecting therewith, shall be kept open for travel by the general public at all times. No public road under the jurisdiction of the Board shall be closed to travel by the general public without special permission, in writing, of the Board of Supervisors. 7. The Permittee, by the acceptance of this permit, shall assume full responsibility for all liability for personal injury or damage to property which may arise out of the work herein permitted or which may arise out of the failure on the part of the Permittee to do the work provided for under this permit. In the event any claim of such liability is made against the County of Butte or any department, official, or employee thereof, the Permittee shall defend, indemnify, and hold them and each of them harmless for such claim. 8. All excavations shall be backfilled and compacted immediately after work therein has been completed. Trenches shall not be left open farther than 300 feet in advance of pipe laying operations or 200 feet to the rear thereof, unless otherwise permitted by the Engineer. Unless otherwise permitted under the Special Conditions, backfill shall be placed and mechanically com- pacted in such a manner that the relative compaction throughout the entire fill within the County road right of way shall conform to the percentage of compaction as stated below. Permittee shall notify foreman 24 hours before backfilling and/or paving. ` a. The relative compaction from the bottom of excavation to a plane five feet (5') below finish surface grades shall be no less than ninety percent (90%) as determined by Test Method No. Calif. 216-C of the Materials and Research Department, State of California, Transportation Department, Division of Highways, or other approv- ed test method. b. The relative compaction from a plane five feet (5') below the finish surface grade to said finish surface grade shall be no less than ninety-five percent (95%) as determined by the above testing method. Permit- tee shall bear all costs and responsibility for compaction tests. C. Material for use as trench backfill in any existing or proposed roadway section shall be sand, shall be placed in 8" lifts, and be compacted to a relative compaction of not less than 9570. Material for use as backfill in roadside gutter excavations shall be the native material and be compacted to a relative compaction of not less than 907o, Any pavement cutting shall be scored, or saw cut before trenching. Minimum depth of cover over all underground facilities shall be 30 inches, except drainage culverts. All installations, parallel with roadway, shall be placed as close to the right-of-way line as possible. No portion of the backfill(s) shall be compacted by ponding or jetting. All pavements, curbs, gutters, sidewalks, borrow ditches, pipes, headwalls, road signs, trees, shrubbery, and/or other permanent road facilities impaired by or as a result of construction operations at the construction site(s), or at other ground(s) occupied by materials and/or equipment, shall be restored immediately upon back- filling of the excavation to the original grades and cross sections, and to a condition as good as, or better than, existed prior to the construction. All surfacing materials of roadways and driveway approaches cut or damaged by or as a result of construc- tion operations, shall be replaced within ONE WEEK following the backfilling of excavation, weather permitting, with compacted layers of surfacing materials at least as thick as the existing, and no less than two inches (2") of asphalt concrete over eight inches (8") of aggregate base, according to current California State Specifi- cations. 9. Whenever necessary to secure permission from abutting property owners, such authority must be secured by the Permittee prior to starting work. t 10. The future safety and convenience of the traveling public shall be given every consideration in the location and type of construction. Permittee shall cause to be placed, erected, and maintained all warning signals, lights, barricades, signs, and other devices or measures essential to safeguard travel by the general public over and at the site of work authorized herein. 11. If the construction work covered by this permit is to be done by a private contractor hired by the applicant, applicant shall notify contractor as to the special conditions and requirements contained herein. to'od A /2-27-ll'�. PRIVATE DRIVEWAY DETAILS EDGE OF EXISTING PAVEMENT FLOW LINE DITCH + 12MIN. 20 MAX. NOTES, 1. PIPE TO BE C.S.P. OR EQUAL Q2"DIA. KIN.) 2'.PAVING SHALL CONSIST OF 4'1 OF AGGREGATE BASE, MIN., AND 2" OF ASPHALT CONCRETE, MIN. Planning Depar4r l—. FEB 0.8 190, Oroville, �L;u— j4ii.. r.PIPE.IF REQUIRED, SIZE AND LENGTH TO BE DETERMINED IN THE FIELD BY ROAD FOREMAN. IO'MIN. AREA TO BE PAVED 1 _ PROPERTY LINE, . BUTTE COUNTY PUBLIC WORKS DEPT. PRIVATE DRIVEWAY DETAILS oWR:BY- R-.- JONES CKO. BY SCALE 1.= 10* lsYA'N:wo- S-31 9 • 1J JAN 0 Z f99,F ©roville, :..�...4.,..,� PQO., c.T YAG 30 Day Review Period Eads SC Review Period Ends OUTGOING ACTI4ITY Dame I Age c=7/ -s= -son I I I � I � ..._:� • When recorded mail to: Butte County Planning Division 7 County Center Drive Oroville CA 95965 Property Owner Owner's Address Property Address Assessor's Parcel # Property Description Attached asE#Ubit'A' OWNERS AFFIDAVIT SECOND DWELLING UNIT Minor Use Permit # 10 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, which shall be recorded at my request, 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 day of , 199 , at , California. Signed STATE OF CALIFORNIA COUNTY OF BUTTE On before me, personally appeared • , o personally known to me - OR - o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. _ - WITNESS my hand and official seal. SIGNATURE OF NOTARY PERMANENT SECOND UNIT ANNUAL VERWlOATION OF OWNER(S) RESIDENCY ` As a condition of approval for a permanent second unit, either the existing single family dwelling or the Second Unit shall be owner occupied. This information is requested annually. I/we as owner(s) of the real property located at identified as Assessors Parcel Number , do hereby affirm, under penalty of perjury, that I/we are residents of the (please circle one) primary unit / second unit located on this property. Owner Signature Owner Signature L: 027 090 035 000 STATUS: ACTIVE L: 026 230 025 000. STATUS: ACTIVE r'. COOPER FLOYD W & CAROLYN S JT ' CARRILLO AGUSTIN M SS 2731 LOUIS AVE P 0 BOX 22 OROVILLE CA 95966 PALERMO CA 95968 L: 027 310 031 000 STATUS: ACTIVE L: 026 230 013 000 STATUS: ACTIVE ( ENGEN CURTIS D & CYNTHIA G JT STAGGS JOSEPH E & MARGARET M 2625 LOUIS AVE FO BOX 462 OROVILLE CA 95966 PALERMO CA 95968 L: 026 230 055 000 STATUS: ACTIVE L: 026 230 049 000 STATUS: ACTIVE CARRILLO JESUS B & ERNESTINA L JT MCCAULEY CHARLES A 2424 LOUIS AVE 2660 LOUIS AVE OROVILLE CA 95966 OROVILLE CA 95966 L: 026 270 014 000 STATUS: ACTIVE L: 026 230 011 000 STATUS: ACTIVE GUTIERREZ EFRAIN & JUVENITA GRASSL CHARLES W JR REVOCABLE LIVING T GRASSL CHARLES W JR TRUSTEE 7870 FULTON.AVE. P 0 BOX 464 PALERMO CA 95968 PALERMO CA 95968 L: 026 270 013 000 STATUS: ACTIVE L: 026 230 045 000 STATUS: ACTIVE ` LOPEZ GEORGIA GRACIE_ VANN FAMILY TRUST VANN JAMES H & SANDRA L TRUSTEES 7874 IRWIN AVE 2655 SO VILLA AVENUE PALERMO CA 95968 PALERMO CA 95968 L: 026 230 046 000 STATUS: ACTIVE L: 027 090 041 000 STATUS: ACTIVE WALLEN JENNINGS CHARLES & VERNA E ELAM TWEEDLE HEIDI SIEGLINDE & TADDIE RAYMO 2722 S VILLA AVE 7430 PALERMO HONCUT HWY OROVILLE CA 95966 OROVILLE CA 95966 L: 027 090 043 000 STATUS: ACTIVE r L: 027 090 001 000 STATUS: INACTIV ;. RODRIGUEZ ANDRES 0 & FIDELA M DAMICO MARY CAMERON P 0 BOX 357PALERMO 3735 MERIDIAN AVE N CA 45968 SEATTLE WA 98103 L: 027 090 044 000 STATUS:.ACTIVE L: 027 090 005 000 STATUS: ACTIVE FAHEY TERRY K MEDRANO RUBEN & GRACIELA P 0 BOX 794 2819 LOUIS AVE OROVILLE CA 95965- OROVILLE CA 95966 L: 027 090 034 000 STATUS: ACTIVE SMITH TRUST SMITH MARION J TRUSTEE .2763 IVY HILL CT REDDING CA 96002 • �1-,a � ii � G- `I�� sem' �i'�- ":• - O?-�"._._230 0 2� • mow. , C.fl` w. _ 1 5-` • + � - � t `� p JL� Shy..\T �-•H �"'� �i,. ,�� � -s `� 1.1 �:� _ .. :: � • `' •y +�• ~" t r' � � � V �%- I � fi, iO3j1 .A� 41 - • ' � per- - �. . , . - � �� . • _ _ -. � � . -� .. _ � . . - ' • . _ .. . .fill _ t`} i L: 026 230 025 000 STATUS: ACTIVE -. L: 027 090 005 000 STATUS: ACTIVE CARRILLO AGUSTIN M SS MEDRANO RUBEN & GRACIELA P 0 BOX 22 2819 LOUIS AVE !. PALERMO CA 95968 { '-. OROVILLE CA 95966 L: 026 230 013 000 "STATUS: ACTIVE L: 027 090 034 000 STATUS: ACTIVE f, STAGGS JOSEPH E & MARGARET M j �. SMITH TRUST SMITH MARION J TRUSTEE PO BOX 462 I�. 2763 IVY HILL CT PALERMO CA 95968 ! { REDDING CA 96002 L: 026 230 049 000 STATUS: ACTIVE ; .- L: 027 090 035 000 STATUS: ACTIVE MCCAULEY CHARLES A �� {. COOPER FLOYD W & CAROLYN S JT 2660 LOUIS AVE 2731 LOUIS AVE �. OROVILLE.- CA 95966 OROVILLE CA 95966 L: 026 230.011 000 STATUS: ACTIVE i' L:,027 310 031 000 STATUS: ACTIVE �. GRASSL CHARLES W JR REVOCABLE LIVING T ! ENGEN CURTIS D & CYNTHIA G JT GRASSL CHARLES W JR TRUSTEE P 0 BOX 464 2625 LOUIS AVE �. PALERMO CA 95968 OROVILLE CA 95966 L: 026 230 045 000 STATUS: ACTIVE �i L: 026.230 055 000 STATUS: ACTIVE -:.. VANN FAMILY TRUST �` f:. CARRILLO JESUS B & ERNESTINA L JT VANN JAMES H"& SANDRA L TRUSTEES 2655 SO VILLA AVENUE 2424 LOUIS AVE PALERMO CA 95968 OROVILLE CA 95966 L: 026 230 046 000- STATUS: ACTIVE L: 026 270 014 000 STATUS:.ACTIVE �.. TWEEDLE HEIDI SIEGLINDE & TADDIE RAYMO i. {. GUTIERREZ EFRAIN & JUVENITA 7430 PALERMO HONCUT HWY 7870 FULTON AVE �.. OROVILLE CA 95966 PALERMO CA 95968 L: 027 090 001 000 STATUS: INACTIV L: 026 270 013 000 STATUS: ACTIVE �.. DAMICO MARY CAMERON �'�• LOPEZ GEORGIA GRACIE 3735 MERIDIAN AVE N 7874 IRWIN AVE 4.. SEATTLE WA 98103 PALERMO CA 95968 V AGENDA INFORMATION J U L 7 31996 AGENDA REPORT s, V TO: Honorable Chair and Board of Supervisors FROM: Stephen Betts, Assistant Planner DATE: June 25, 1996 REQUEST: File # MUP 96-12 -Agustin Carrillo (Applicant/Owner), APN 026-230-025: A request for a Minor Use Permit for a permanent second dwelling unit on property zoned ARMH-5 (Agricultural- Residential Mobile Home, 5 acre minimum parcel size), located on the west side of Palermo-Honcut Highway, approximately 400 feet north of Louis Ave., at 7510 Palermo-Honcut Highway, Palermo area. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: Board of Supervisors Meeting of July 23, 1996 SUMMARY: This request is for a Minor Use Permit for a permanent second dwelling unit. The proposal conforms to the zoning and the General Plan. This application was discussed at two separate Butte County Planning Commission meetings, with the Commission denying the application on a 4-0 vote at the second meeting. The Commission was primarily concerned about the flooding potential on the project site. Staff recommends that the Board of Supervisors confirm the Planning Commission's decision and deny the project. PROJECT CHARACTERISTICS: This request is for a Minor Use Permit to allow a permanent second dwelling unit pursuant to Butte County Code Section 24-280 as amended by Ordinance 3176. The property is a 6.22 acre parcel and is zoned ARMH-5. The Land Use Element of the Butte County General Plan designates the property as Agricultural -Residential. A 672 sq. ft. mobile home is located on the northeastern portion of the property, approximately 50 ft. west of Palermo-Honcut Highway. Domestic water for the project site is obtained from an on-site well. An on -site -septic tank and leachfield system handles sewage disposal for the residence. Surrounding parcels are zoned ARMH-1, ARMH-5, and A-5. Surrounding parcels have a General Plan designation of Agricultural - Residential and range in size from 5 to 24 acres, with the predominate size being 5 acres. The project parcel has three different flood designations for various portions of the parcel: 1) Floodway; 2) Shaded zone X flood zone, which designates a 100 year flood zone; and 3) AE flood zone, which is a 100 -year flood plain for which base flood elevations have been determined. The flooding potential originates from Wyman Ravine, which runs along the south boundary of the parcel, approximately 150 feet from the location of the proposed second unit. Additional flooding potential originates from a ditch that runs along the north parcel line of the project site. This item was before the Planning Commission on two separate meetings, with the Commission denying the project on a 4-0 vote at the second meeting. The Commission was very concerned about placing another dwelling unit in a flood zone, and voted to deny the project based on the inability to make Finding B, #5 "the suitability of the site for type and intensity of use or development which is proposed" and Finding 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." ANALYSIS: This project will allow a 720 sq. ft. mobile home as a permanent second dwelling unit. The 6.22 acre parcel exceeds the minimum lot size requirements of the ARMH-5 zone. The proposed location of the second dwelling will be outside of the required setbacks for the ARMH-5 zone. There is adequate space for two off-street parking spaces for the second dwelling unit. Access to the second dwelling unit will be via an existing driveway off of Palermo-Honcut Highway. New vehicle traffic generated by the addition of the second dwelling unit will be minimal and will not have a significant impact on Palermo-Honcut Highway. There is good sight visibility in both directions ■ Butte County Department of Development Services ■ from the project site's access road of Palermo-Honcut Highway. Portions of the project site are located either in a floodway, an AE flood zone, or in a X flood zone. Butte County allows dwellings units to be built in flood zones, but not within floodways. The proposed location of the second dwelling unit is within the AE flood zone. Any structures located in this flood zone would be subject to flooding from Wyman Ravine, which is located approximately 150 feet south from the location of the proposed second dwelling unit. Several conditions were recommended to help reduce the impacts of flooding to the second dwelling unit. One condition would require that the second dwelling unit have a finished floor level one (1) foot above the base flood elevation. This condition is now part of the recently amended Butte County Flood Ordinance. Another condition of this project would require that the second dwelling unit be located within 100 ft. of the north property line. However, based on recently obtained information from the Department of Public Works, staff recommends that this condition be deleted, if this project is approved, because flooding has occurred in a ditch that runs along the project site's north property line. This condition would have placed the second dwelling unit closer to the source of known flooding than was proposed by the applicant. According to the Butte County Department of Public Works, flood waters have flowed across Palermo Honcut Highway just north of the project site. The flooding originated from water backing up in a small, vegetation -filled drainage ditch located along the north property line of the project site. The flood waters flowed across the highway for approximately 400 ft. The highway has been lined with rock to help protect it during future flooding events. The Department of Public Works does not have a record of any other flooding on the project parcel. The Butte County Fire Department has requested several conditions for this project in order to lessen the impacts to fire protection services. One condition requires that building identification and address be installed and maintained in conformance with Public Resources Code 4290. The second condition requires that the applicant pay $200.00 into the Battalion 7 water tender fund prior to issuance of a building permit for the second dwelling unit. The third condition requires that an all-weather access be provided to all structures on the project site. The Butte County Environmental Health Division has stated that a septic system for the second dwelling unit will need to be installed under permit from their Division. The sewage disposal system will have to meet the requirements of Butte County Code Section 26-26 for sewage disposal systems located within a flood plain. Domestic water will be supplied by the well that provides water for the primary dwelling unit. Butte County Code Section 24-41 deals with the required finding for approval of a Minor Use Permit. There are six areas that must be considered for approval of a Minor Use Permit: 1. Harmony in scale, bulk, coverage and density - The existing dwelling unit is a 672 sq. ft. (12' X 56') mobile home, and the proposed second dwelling unit will be a 720 sq. ft. (12' X 60') mobile home. The two mobile homes will be in scale and bulk with each other. The coverage and density of the project parcel will not be increased significantly due to the relatively large size of the parcel. The existing structures and the proposed mobile home will cover less than 1 % of the project parcel. 2. The availability of public facilities, services and utilities - Telephone and electrical services already extend to the project parcel. Public water and sewer systems are not located in the project area. The nearest fire station is located approximately 1.3 miles away in Palermo. 3. The harmful effect, if any, upon desirable neighborhood character - The project area is agricultural -residential, with parcel sizes from 5 to 24 acres, with the predominate size being 5 acres. Most parcels have some type of agricultural use. The neighborhood consists of a mixture of conventionally -built homes and mobile homes, one per parcel. The existing mobile home is visible from Palermo Honcut Highway, as will the proposed mobile home. 4. The generation of traffic and the capacity and physical character of surrounding streets - The proposed second dwelling unit will result in a minor increase in vehicle traffic on Palermo Honcut Highway. A single ■ Butte County Department of Development Services ■ 2 family dwelling unit in an urban area generates approximately 10 vehicle trips per day. The increase in vehicle traffic due to the proposed second dwelling unit will not have a significant impact on vehicle circulation in the project area. 5. The suitability of the site for the type and intensity of use or development which is proposed - The whole project site lies within various flood zones, and flooding has occurred in a ditch that runs along the north property line of the project site. The proposed location of the second dwelling unit is located within a flood zone for which base flood elevations have been determined. The existing dwelling is also located in this flood zone. Allowing another dwelling unit on the project parcel will subject the occupants of that dwelling unit to possible flood hazards. 6. Any other relevant impact of the proposed use - None. This request is consistent with the intent and requirements of Section 24-280 of the Butte County Code. However, based upon information presented at the Planning Commission hearings, staff has determined that the proposed second unit will be detrimental to the health, safety, and welfare of the occupants of the permanent second dwelling unit due to the flooding hazards associated with the project site. 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 Board of Supervisors concur with the Planning Commission and deny the Minor Use Permit for a permanent second dwelling unit for Agustin Carrillo on APN 026-230-025, File # MUP 96-12, subject to the findings listed in Exhibit "A." Exhibits: A. Findings Attachments: A: Planning Commission Staff Report B. Vicinity Map C: Area Map D. Site Plan E: Flood zone map F: Minutes of April 17, 1996 Planning Commission Meeting G: 'Minutes of May 20, 1996 Planning Commission Meeting Reviewed and a oved by: Wil 'a arrel, Development Services Director k:\projects\carril lo. m up\carri Ila. bos ■ Butte County Department of Development Services ■ 3 EXHIBIT A Section 1: Environmental Findings. A. This application for a Minor Use Permit to allow a Second Dwelling Unit 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 not be compatible with and will 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 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 280, of the Butte County Code. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, move to deny the Minor Use Permit for a permanent second dwelling unit for Agustin Carrillo on APN 026-230-025. ■ Butte County Department of Development Services ■ 4 AGENDA REPORT TO: Honorable Chair and Planning Com fission FROM: Barry K. Hogan, Planning Manager BY: Stephen Betts, Assistant Planner DATE: April 17, 1996 REQUEST: File # MUP 96-12 -Agustin Carrillo (Applicant/Owner), APN 026-230-025: A request for a Minor Use Permit for a permanent second dwelling unit on property zoned ARMH-5 (Agricultural- Residential Mobile Home, 5 acre minimum parcel size), located on the west side of Palermo-Honcut Highway, approximately 400 feet north of Louis Ave., at 7510 Palermo-Honcut Highway, Palermo area. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: Planninq Commission Hearing for May 9, 1996 SUMMARY: This request is for a Minor Use Permit for a Second Unit. The proposal conforms to the zoning and the General Plan. Staff recommends approval of this application. PROJECT CHARACTERISTICS: This request is for a Minor Use Permit to allow a Second Unit pursuant to Butte County Code Section 24-280 as amended by Ordinance 3176. The property is a 6.22 acre parcel and is zoned ARMH-5. The Land Use Element of the Butte County General Plan designates the property as Agricultural - Residential. A 672 sq. ft. mobile home is located on the east portion of the property, adjacent to Palermo-Honcut Highway. Domestic water for the project site is obtained from an on-site well. An on-site septic tank and leachfield system handles sewage disposal for the residence. Surrounding parcels are zoned ARMH-1, ARM H-5, and A-5. Surrounding parcels have a General Plan designation of Agricultural -Residential and range in size from 5 to 24 acres, with the predominate size being 5 acres. Portions of the parcel are located in an "AE" flood zone, which is a 100 -year flood plain for which base flood elevations have been determined. The flooding potential originates from Wyman Ravine, which runs along the south boundary of the parcel, approximately 150 feet from the location of the proposed second unit. ANALYSIS: This project will allow a 720 sq. ft. mobile home as a permanent second dwelling unit. The 6.22 acre parcel exceeds the minimum lot size requirements of the ARMH-5 zone and will not become overcrowded due to the second unit. The proposed location of the second dwelling will be outside of the required setbacks for the ARMH- 5 zone. There is adequate space for two off-street parking spaces for the second dwelling unit. New vehicle traffic generated by the addition of a new dwelling unit will be minimal and will not have a significant impact on area streets. Access to the second dwelling unit will be via an existing driveway off of Palermo-Honcut Highway. The proposed location of the second dwelling unit is within the "AE" flood zone as shown on the Federal Emergency Management Agency's Flood Insurance Rate Map. Any structures located in this flood zone would be subject to flooding from Wyman Ravine, which is located approximately 150 feet south from the location of the proposed second dwelling unit. The location of the proposed second dwelling unit is too close to Wyman Ravine, and a condition of this project will require that the proposed second dwelling unit be placed within 100 feet of the north boundary of the subject parcel. The proposed second dwelling unit will still be within the flood zone, but will be located further from the possible flooding source. Another condition of this project will require that the second dwelling unit have a finished floor level one (1) foot above the base flood elevation. The base flood elevation level for the project site is 174 feet above sea level. The Butte County Fire Department has requested several conditions for this project in order to lessen the impacts to fire protection services. One condition requires that building identification and address be installed and maintained ■ Butte County Department of Development Services ■ Planning Division ■ in conformance with Public Resources Code 4290. The second condition requires that the applicant pay $200.00 into the Battalion 7 water tender fund prior to issuance of a building permit for the second dwelling unit. The third condition requires that an all-weather access be provided to all structures on the project site. The Butte County Environmental Health Division has stated that a septic system for the second dwelling unit will need to be installed under permit from their Division. The sewage disposal system will have to meet the requirements of Butte County Code Section 26-26 for sewage disposal systems located within a flood plain. Domestic water will be supplied by the well that provides water for the primary dwelling unit. This request is consistent with the intent and requirements of Section 24-280 of the Butte County Code. Upon review of this second unit application, staff has determined that the proposed second unit 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 on APN 026- 230-025, File # MUP 96-12, for Agustin Carrillo for a second dwelling unit, subject to the findings and conditions listed in Exhibit A. Exhibits: A. Conditions of Approval Attachments: A. Vicinity Map B. Site Plan k: \projects\carril lo.m up\carri I lo.rpt ■ Butte County Department of Development Services ■ Planning Division ■ 2 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) MUP 96-012 PERMIT NO. 026-230-025 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Agustin Carrillo is hereby granted a Minor Use Permit in accordance with the application filed February 8, 1996 to allow a second dwelling unit on property zoned ARMH-5 located at 7510 Palermo-Honcut Highway, Palermo. 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. 24-62. 2. Unless otherwise provided for in a condition to this Minor Use Permit, all conditions must be completed by the permittee within 24 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a Minor Use Permit has been granted is not established within two years 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 Second Dwelling Unit 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: ■ Butte County Department of Development Services ■ Planning Division ■ 9 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 280, 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 Agustin Carrillo on APN 026-230-025 to allow a Second Unit 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 Second Unit shall not exceed 1200 square feet. 2. Provide two additional off-street spaces. 3. An attached or detached garage or carport with a maximum exterior dimension 20' by 24' is permitted. 4. Adequate sewer and potable water facilities shall be provided under permit as determined by the Butte County Environmental Health Division. 5. Either the existing single family dwelling or the Second Unit shall be owner occupied. Certification of ownership shall be required prior to permit issuance and annually thereafter by submittal of a declaration in a form specified by the Director of Development Services or designee. 6. No permits for any additional dwelling, may be approved unless the Second Unit is first removed. 7. The second dwelling unit shall have a finished floor level one (1) foot above the base flood elevation. 8. Building identification and/or addresses shall be installed in conformance with Public ■ Butte County Department of Development Services ■ Planning Division ■ 4 Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 9. In lieu of a pressurized water system or water storage tank, payment of $200.00 per new dwelling unit into the Battalion 7 water tend fund, is required prior to the issuance of a building permit. 10. 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. 11. The sewage disposal system for the second dwelling unit shall meet the requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems located within a flood plain. 12. The second dwelling unit shall be located no more than 100 feet from the north boundary line of the parcel. 13. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. NOTE: Issuance of this Minor Use Permit does not waive the requirement of obtai Environmental Health Division permits before starting construction and their approvals nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Land Development Division Building Division Environmental Health Division California Department of Forestry ling Building Division and )rior to use or occupancy, ■ Butte County Department of Development Services ■ Planning Division ■ �1 I Vicinity Map Project Location MUP 96-12 APN 026-230-025 CARRILLO �NI . L-L-L P-Q A-5 EE RMH-1 . RMH-5 Project Location -5 aly Ave BUTTE COUNTY PLANNING COMMISSION Applicant: Agustin Carrillo Owner: Same Hearing Date: May 9, 1996 @ 9:00 a.m. Existing Zone: ARMH-5 N Request: Minor Use Permit to allow a permanent second dwelling. No Scale Assessor Parcel No: 026-230-025 file: 96-12 110 o o AQ ...... . ....... FEB 0 8 1996 Oroviiie, Laitwrnia C m Q c 0 S V. Melisa In, 0 Zone X (s AE Flood Zone AE (base flood ele tions determined) Floodway Zone P Zone X (shaded) (Areas of 100 -year flood with average depths of less than 1 foot or with drainage areas X less than 1 sq. mile) KI Area where water flowed across highway Mobile Home - Proposed 2nd unit Louis Avenue A Flood Zone elevations dellermined) R. - Flood zones as per FEMA. Flood Insurance Rate Maps (FIRM) Flood zones A AE, and shaded X are definded by the County as . areas of special flood hazard, and are subject to a one (1) percent or greater chance of flooding in any given year. BUTTE COUNTY BOARD OF SUPERVISORS Applicant: Augustin Carrillo Owner: Same Hearing Date: July 23, 1996 I Existing Zone: ARMH-5 I Request: Minor Use Permit to allow a permanent second dwelling unit. Assessor Parcel No: 026-230-025 N No Scale File: 96-12 % C. Agustin Carrillo - (Item determined to be categorically exempt from environmental review) Minor Use Permit to allow a permanent second dwelling on property zoned AR -MH -5 (Agricultural Residential - Mobile Home - 5 acre parcels) located at 7510 Palermo Honcut Highway, approximately 400 feet north of Louis Avenue, identified as AP 026-230-025, Palermo. (SB) (MUP96-12) Stephen Betts said that the property is in a FEMA designated flood zone from Wyman Ravine. Conditions 7 and 11 are in response to the flood potential, for finish floor elevation and sewage disposal systems. Condition 12 requires the proposed mobile home to be located closer to the north property line and further away from Wyman Ravine. Chairman Seegert said that on the north part of the property along Palermo Honcut Hwy. there is riprapping. The base rock is all in the drainage swale, which is consistent with a large volume of water flooding across the road. Wyman Ravine is the established drainage way to the south, but it looks like there has been flooding on the north part of the property. The base rock that should be on the road is down in the drainage swale. Mr. Betts said that the Environmental Health Dept. was not aware of any flooding on the property. Commissioner Nelson wondered what special conditions are required for septic systems in flood zones. Mr. Farrel said that the Environmental Health Dept. has specific standards for septic systems in flood zones. Mr. Sanders said that most of the property is within the flood zone and that is the reason to require the second dwelling to be as far away from Wyman Ravine as possible. Agustin Carrillo was present. Chairman Seegert asked what use would be made of the second dwelling. Mr. Sanders said the second unit might be used as a rental unit. Commissioner Lynch said that the applicant should understand that he must reside on the property. HEARING OPEN TO THE PUBLIC Mr. Carrillo said that his niece would be living on the property. BUTTE VCOUNTY ;PLANNING_.COMMISSION, MINUTES Ma 9, • 1996 a:.< +,I , y.,. Mr. Sanders said that Mr. Carrillo must actually live on the property. Mr. Carrillo said he would move onto the property, as would his niece. Mr. Farrel said that Butte County allows construction in the flood plains. Commissioner Lambert said that the parcel contains 6 acres and has a 5 acre zoning designation, and although we have been told density cannot be used as a basis for denial, it is a concern. An Aunt Minnie might be more appropriate since it is a temporary unit, and because of the parcel size and being in a flood zone. Commissioner Nelson said that if relatives are involved, an Aunt Minnie would be appropriate. HEARING CLOSED TO THE PUBLIC Commissioner Lynch said that, because of the property being in a flood plain, there should be a condition that the applicant sign a Hold Harmless Agreement with Butte County absolving the County from any responsibility from any damage that might result from this permit, the agreement being subject to the approval of County Counsel. Mr. Sanders said that normal building permits allow building in flood plains without Hold Harmless Agreements. Commissioner Lynch said that the applicant should sign something since he would be obtaining two permits -- a Use Permit and a building permit. Chairman Seegert was concerned about two dwellings, with septic systems, and a common well in a flood zone, given the evidence of flooding. Mr. Farrel suggested continuing the item in order to look at the aerial photos and discuss the flooding potential with Public Works and the Environmental Health Dept., and discuss the Hold Harmless Agreement with County Counsel, and also discuss an Aunt Minnie application with the applicant. Commissioner Nelson said that he would not object to a temporary Aunt Minnie use since a relative is involved, but he does not feel comfortable with a second unit on a 5 acre parcel in a 5 acre zone. Commissioner Lynch said the property is not adjacent to parcels smaller than 5 acres. WN v 5 ; . BUTTE COUNTY ::'PLANNING tCOMMISSION�LMINUTES th_ yMay*s9,rt'1996 Commissioner Nelson said that Planning staff should make it quite clear to applicants that second units are not really considered "minor" use permits by the Planning Commission, and the Commission is not comfortable with doubling the density of the zone with second units. Chairman Seegert said that it appears that lots of erosion has taken place, as indicated by the base rock in the drainage swale, and riprapping. Mr. Sanders said that Public Works should have records if there has been flooding at that location. Commissioner Lambert said that maybe even an Aunt Minnie might not be advisable. Commissioner Lynch said that he would favor denial of this application, but would consider supporting an Aunt Minnie. THE HEARING WAS RE -OPENED It was moved by Commissioner Lynch, seconded by Commissioner Cage,' and carried unanimously to continue "Open" the hearing to May 23, 1996, at 9:00 a.m. for more information. ,.� �. BUTTE.COUNTY, PLANNING COMMISSION MINjTTES ,.:,...Map A. Agustin Carrillo - (Item determined to be categorically exempt from environmental review) Minor Use Permit to allow a permanent second dwelling on property, zoned AR -MH -5 (Agricultural Residential - Mobile Home - 5 acre parcels) located at 7510 Palermo Honcut Highway, approximately 400 feet north of Louis Avenue, identified as AP 026-230-025, Palermo. (SB) (MUP96-12) (Continued open from May 9, 1996) Steve Betts said the Public Works Dept. stated that water flowed over a 100 ft. area on Palermo-Honcut Hwy. The water from Wyman Ravine backs up against the highway and then flows over it. The highway was recently reinforced at that point. He referred to the exhibit map and said it is recommended that the proposed second dwelling unit be placed within 100 ft. of the northern property line in order to be further from the AE flood zone. Chairman Seegert said he looked at the property, and the area of the road which was repaired was not as described in the memo — the repaired section is about 340 feet long and it starts about 50 feet north of the existing mobile home. Mr. Betts said he had talked to the Public Works road foreman about the repair, but had not actually looked at the road. Chairman Seegert said the repair is consistent with what is shown on the map as a floodway. (AE Flood Zone) Mr. Betts said the AE Flood zone is not a floodway, but is within a 100 year flood zone. Chairman Seegert said the only road repair is to the north of the existing mobile home. There is no repair to the south of the mobile home. Mr. Betts said that his information was supplied by the road foreman. HEARING RE -OPENED TO THE PUBLIC No one was present to speak on this item. HEARING CLOSED TO THE PUBLIC Commissioner Lynch suggested adding the following wording to the permit: "The applicant has been advised that his property is in a designated flood zone rated AE on FEMA maps. He is further advised that he should locate and construct his second dwelling taking this designation into consideration", and "The applicant in exercising this permit will hold harmless the County of Butte if any damage occurs as a result of any construction under this permit." Commissioner Lynch thought it would be unwise to specify a building location in case something should happen upstream which would divert water to that location. Neither should the applicant be required to raise the dwelling above flood level in case there should be an earthquake and the house should be raised up on stilts that are unnecessary or unsafe. Commissioner Cage agreed with the above comment since the epicenter of the 1975 earthquake was in Palermo. Mr. Betts said that dwellings are allowed in flood zones, but not floodways. Mr. Farrel suggested adding wording "that the dwelling should not be located in a floodway according to the latest FEMA map." a> ES i BUTTE COUNTY PLANNING .-COMMISSION,MINUTMay e2 s 1996 -� ' 3 y d ,c rr e s.. Rsc: Mr. Sanders said that dwellings are allowed in Zone X and the Zone AE, but not in the floodway Chairman Seegert said that people should be allowed to use their property even in a difficult situation such as a flood zone, but in a risk situation, the use should not be doubled. Commissioner Cage agreed with the above comment as long as the owner has been notified of what has happened in the zone. Commissioner Lambert said the Commission should not be obligated to approve a second dwelling in this type of situation, where double the amount of land is not available, the land lies within a flood zone, and the second unit would be permanent and possibly rented out to people who would not be aware of the dwelling being in a flood zone. She could not support a second dwelling in this location in this situation. Commissioner Cage asked if anything has been done about changing the application to an Aunt Minnie instead of a permanent second dwelling. Mr. Betts said that his attempts to contact the applicant to discuss that possibility were unsuccessful. Chairman Seegert said the property is not suitable for any kind of second dwelling due to flood waters. Commissioner Lambert said the applicant has one dwelling on the property and is not being deprived of use of his property. Chairman Seegert thought the Commission is not obligated to allow doubling use of a property in a risk situation. Mr. Farrel noted the findings that should be considered in approving or denying a project are listed on page 4 of the Agenda Report dated April 17, 1996. It was moved by Chairman Seegert, seconded by Commissioner Lambert, and carried unanimously to deny the project for Agustin Cardillo based on the inability to make Finding B, #5 "the suitability of the site for the type and intensity of use or development which is proposed" and Finding 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." Commissioner Lambert said that the applicant should be advised of his opportunity to appeal the decision of the Commission. Mr. Sanders said that there is a ten day appeal period. BUTTE .COUNTY PLANNING ComMISSION MINUTES - May 23, 1996 ate 05/18/98 development Services Departtei /me 11:20 am ` Applicant Billing Worksheet APL 96-07 * Agustin Carrillo P.O. Box 22 Palermo, CA 95968 In reference to : Appeal for MUP 96-12 Rounding : None Full Precision : No Last bill / / Last aging Last charge 07/25/96 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 06/03/96 Administration / A 1.00 75.00 #8864 Clerk of the Board - Set Hearing & 75.00 Publishing Fee 06/03/96 Steve B. / P 1.00 59.00 .#8869 Processing 59.00 06/03/96 Lynn R. / C 0.50 22.50 #8889 Clerical 45.00 06/03/96 Diana S. / C 0.20 6.80 #9001 Clerical 34.00 06/17/96 Lynn R. / C 0.25 11.25 #9028 Clerical 45.00 06/17/96 Steve B. / P 3.50 206.50 #9072 Processing 59.00 07/01/96 Craig S. / P 0.50 29.50 #9169 Processing 59.00 07/01/96 Larry P. / P 1.25 73.75 #9214 Processing 59.00 07/15/96 Lynn R. / C 0.25 11.25 #9367 Clerical 45.00 Page 2 TOTAL TOTAL BILLABLE TIME CHARGES 8.45 $495.55 Date 05/18/98 Development Services Depart ent Time 11:20 am Applicant Billing Worksheet Page 3 APL 96-07 * :Agustin Carrillo (continued) . TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $495.55 PAYMENTS/REFUNDS/CREDITS 06/03/96 Deposit - Receipt #192877 (250.00) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE New Current period 245.55 ($250.00) TOTAL NEW BALANCE $245.55 i Date`69/16/96 Development Services Departmtt Time 9:48 am Applicant Billing Worksheet MUP 96-12 * Agustin Carrillo P.O. Box 22 Palermo, CA 95968 In reference to : Use Permit, AP#026-230-025 Rounding : None Full Precision : No Last bill / / Last aging Last charge 05/30/96 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 02/12/96 Linda / C 1.00 34.00 #7793 Clerical 34.00 02/12/96 Craig / P 0.25 14.75 #7911 Processing 59.00- 9.0002/26/96 02/26/96 Linda / C 2.50 85.00 #7977 Clerical 34.00 02/26/96 Steve B. / P 2.90 171.10 #8000 Processing 59.00 03/11/96 Steve B. / P 2.80 165.20 #8083 Processing 59.00 03/11/96 Linda / C- 0.25 8.50 #8168 Clerical 34.00 03/25/96 Steve B. / P 3.60 212.40 #9419 Processing 59.00 04/08/96 Lynn / C 1.00 45.00 #8361 Clerical 45.00 04/08/96 Larry / P 1.00 59.00 #8369 Processing 59.00 04/08/96 Craig / P 0.50 29.50 #8450 Processing 59.00 04/22/96 Paula A. / C 0.50 17.00 #8542 Clerical 34.00 05/06/96 Lynn / C 0.50 22.50 #8652 Clerical 45.00 Page 1 TOTAL r� �4 Date,09/16/96 lelopment Services DepartItt Time 9:48 am Applicant Billing Worksheet Page 2 MUP 96-12 * :Agustin Carrillo (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 05/06/96 Diana / C 0.20 6.80 #8705 Clerical 34.00 05/20/96 Diana / C 0.40 13.60 #8786 Clerical 34.00 05/20/96 Lynn / C 1.50 67.50 #8808 Clerical 45.00 $951.85 TOTAL BILLABLE TIME CHARGES 18.90 Date/Slip# Description QTY/PRICE 04/25/96 Linda / $O 1 11.76 #8591 Publish Legal Notice in Oroville 11.76 Mercury Register $11.76 TOTAL BILLABLE COSTS TOTAL NEW CHARGES $963.61 PAYMENTS/REFUNDSICREDITS 02/08/96 Deposit - Receipt #15252 (1,000.00) TOTAL PAYMENTS/REFUNDS/CREDITS ($1,000.00) NEW BALANCE New Current period (36.39) TOTAL NEW BALANCE ($36.39) November 5, 1996 @ 4:15 p.m. I contacted Mr. Agustin Carrillo regarding his refund in the amount of $36.39. His response was that he did not want his refund..and that I did not need to send him another claim form to sign. -.He was angry because his permit had been denied and that the County had taken $2,000.00 from him. He said he would come in again and re -apply. I informed him -that the $36.39 could not be credited to another application. Ji1 Broderson 1 e� �![�E Co ;-� DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: 19161 538-7601 September 16, 1996 FAX: (916) 538-7785 Agustin Carrillo P.O. Box 22 Palermo, CA 95968 RE: MINOR USE PERMIT File No. MUP 96-12 Dear Mr. Carrillo: - The' total cost for the processing of the above -referenced project was $963.61. Please sign, date, and return the enclosed claim forms to this office. Once we receive the claim form, we will then process your refund in the amount of $36.39. Professional Planner $ 651.95 Clerical $ 299.90 Legal Notice Publishing in Oroville Mercury Register, 4-25-96 11.76 Total $ 963.61 Deposit on February 8, 1996, Receipt No. 15252 $1,000.00 Refund Due $. Should you have any questions, please call Monday through Thursday, between 8:00 a.m. and 4:00 p.m. _ Sincerely, Farrel r of Development Services WF:jb Enclosure CLAIMANT: ADDRESS: CITY & STATE: DATE OF CLAIM: • COUNTY OF BUTTE Oroville, California GENERAL CLAIM Agustin Carrillo P.O. Box 22 Palermo, CA 95968 September 16, 1996 h 140 IMPORTANT.• SEE INSTRUCTIONS SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES ON REVERSE SIDE DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT 9-16-96 Minor Use Permit, File MUP 96-12 - REFUND_ $36. 39 TOTAL $36. 39 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 , 19 , at , 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 [)N or Speck Board Approval [ ] (Check one) for the same. Dated this day of , 19 , at , Calif. Department Head or Authorized Deputy Dept. Code 480-001 Exp. Code 4210900 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LWE - AUDITOR'S USE ONLY DEPT. & SUB. PROJ. SUB. OBJ. CLAIM NO. 'INV. NO. INV. DATE ENCUMB. GROSS AMT. Date e9/O./96 Development Services Departmqkt Time 12:05 pm Applicant Billing Worksheet APL 96-07 Agustin Carrillo P.O. Box 22 Palermo, CA 95968 In reference to : Appeal for MUP 96-12 Rounding : None Full Precision : No Last bill / / Last aging Last charge 07/25/96 Last payment / / Amount $0.00 Date/Slip# Description HOURSLRATE AMOUNT 06/03/96 Administration / A 1.00 75.00 #8864 Clerk of the Board - Set Hearing & 75.00 Publishing Fee 06/03/96 Steve B. / P 1.00 59.00 #8869.. Processing 59.00 06/03/96 Lynn / C 0.50 22.50 #8889 Clerical 45.00 06/03/96 Diana / C 0.20 6.80 #9001 Clerical 34.00 06/17/96 Lynn / C 0.25 11.25 #9028 Clerical 45.00 06/17/96 Steve B. / P 3.50 206.50 #9072 Processing 59.00 07/01/96 Craig / P 0.50 29.50 #9169 Processing 59.00. 07/01/96 Larry / P 1.25 73.75 #9214 Processing 59.00 07/15/96 Lynn / C 0.25 11.25 #9367 Clerical 45.00 Page 1 TOTAL TOTAL BILLABLE TIME CHARGES 8.45 $495.55 Date A9,/0iy/ `° 96 selopment Services Departmet Time 12:05 pm Applicant Billing Worksheet. Page 2 APL 96-07 :Agustin Carrillo (continued) TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $495.55 PAYMENTS/REFUNDS/CREDITS 06/03/96 Deposit - Receipt #192877 (250.00) TOTAL-PAYMENTS/REFUNDS/CREDITS ($250.00) NEW BALANCE. New Current period 245.55 TOTAL NEW BALANCE $245.55 �l ' COUNTY OF *E, ` OROVILLE, CALIFORNIA V E Oroville Mercury N Attn: Donna D P.O... Bog 651 R Oroville, CA' 95965 OLD PURCHASE ORDER C 14 817 0 1 issued By-,Pia>¢ning `Department DATE QUAN. INVOICE NO. AND DESCRIPTION AMOUNT CHARGE TO W.O. # 17/96 Public Hearing Notice 480-001-37 �n o be publishe44n the Oroville A:ercury n Thursday, April 25, 1996.' —- Please furnishrthis_..office with two a 'copies of the affidavit of Publication. Alaimo T-JUP.96-13, Carrillo MP96-12, and Campbell 14TP9 -14 ) Butte�,,County Planning 7 9MM County Center Drive Oroville, CA 95965 TOTAL h.\.67 I, the undersigned, herel�jt"Certify,that, to the best of my knowledge, the services or articles specified ab6ve haye°•been perfdfined or delivered or, where authorized, are hereby contracted „ for and=Aaat there;iS-a Bu ge.r Appropriati n for the same. •C148170 Dated: 11Y0w/ i _ Department Head or Authorized Deputy. • 1.p I <. 1 Dept. & Sub. Project Sub. Obj. Invoice No. , invoice Date Encumbrance Gross Amount Discount —- a Submit WHITE, CANARY and PINK to PURCHASING with vendor's invoice. Retain: GOLDENROD utte oun LAN ID OF -"'J :RA VF -IN C. DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 July 24, 1996 Agustin Carrillo P.O. Box 22 Palermo, CA 95968 Re: Minor Use Permit, AP 026-230-025, MUP96-12 Dear Mr. Carrillo: At the regular meeting of the Butte County Board of Supervisors held July 23, .1996, your appeal of a denied Use Permit to allow a permanent second dwelling at 7510 Palermo- Honcut Highway, Palermo, was denied. Should you have any questions regarding this matter, please contact this Department. Very truly yours, r i iam Farrel r oDm t eve.Jopment Services Director WF:lr cc: Land Development Building Division Health Department Department of Forestry �Irw�?+�T�#'� �}.w�--mss aY ��2��. 2 #.y4:s; .:;�ica�ci��t�•Kir �; r. i 4. i Z s 6 i -- 0,5 5 243'22'1 8: - -._-- .,,;•- ROLARO.IDO3 µ j `' i�'1i:�1.���i�iiAYl.r�1�1���Y.��•.' �il.s^5.1'1 #+..::_ �iLG'sy p MEMORANDUM TO: Stu Edell, Land Development w� FROM: Steve Betts, Planning Division S� SUBJECT: Carrillo Minor Use Permit, File # MUP 96-12 DATE: June 6, 1996 SUMMARY: Need information on flooding �c„ DISCUSSION: This project was recently denied by the Planning Commission, but the applicant has appealed it to the Board. The Commission denied it because of the flooding that has occurred on the parcel. We previously discussed the flooding of this parcel about a month ago, but I now require more information for the Board report. Specifically, I need to know the approximate location of where flood waters flowed over Palermo-Honcut Highway. Your road foreman for the area said approximately where the flooding occurred, but I would like him to mark the location on the attached map. I thought he said that the flooding occurred at the southern end of the project parcel (shaded area), but new riprap has been placed on the far north end of the project parcel, on the west side f� of the highway. Does the riprap have anything to do with the flood ing?y`fhere is a drainageway that flows under the highway at the north end of the project parcel. Did this drainageway flood? In addition, I would like to know why flooding occurs in this area. Is it because the drainages are choked with vegetation and fences stretch across it, catching material as it flows downstream and thus impeding the flow of water? Would cleaning out these channels improve the drainage of the area and prevent flooding? Please respond back to me by June 24, 1996, if possible. Thank you. Mcb- 011/-21 ■ Butte County ■ Department of Development Services ■ Planning Division ■ 1 n1a 3aars 3� � •ntc 966 .. Z BUTTE COUNTY PLANNING COMMISSION Applicant: Agustin Carrillo Owner: same Hearing Date: May 23, 1996 Existing Zone: ARMH-5 A Request: Minor Use Permit to allow a permanent second dwelling unit. No Scale Assessor Parcel NC 026-230-025 File: 96-12 DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 June 17, 1996 Agustin Carrillo P.O. Box 22 Palermo, CA 95968 Re: Minor Use Permit, AP 026-230-025, MUP96-12 Dear Mr. Carrillo: The Clerk of the Board of Supervisors set public hearing for July 23, 1996, at 10:45 a.m. to consider your appeal of the Planning Commission's denial of a Minor Use Permit to allow a permanent second dwelling on property zoned AR -MH -5 located at 7510 Palermo-Honcut Highway, Palermo. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contactthis Department. Very truly�y6urs, William Farrel Development Services Director WF:lr Butte County May 28, 1996 Board of Supervisors 25 County Center Drive Oroville, CA 95966 Re: Minor USe Permit. AP 026-230-0215: MUP96-12 Clerk of the Board of Supervisors, Thistransmitsan appeal to the Board of Supervisor's to overturn.the Butte County Planning Commission's decision to deny my request for a permanent second dwelling on my property located at 7510 Palermo-Honcut Highway, Palermo. Thank you for.your consideration. Yours, ustin Carrillo P.O. Box 22 Palermo, CA 95968 COUNTY:'OF BUTTE . 19.87.7 OFFICI L REECE • �fr% ly. % t- �1� - t OFFICE OR DEP TMFiJ SSUING RECEIPT' Received from r r = V The Sum ofLA� -$ .For /1 1 �c 1,>s { •7%-1 .. . •r Received: Receiv By i.. •� 47 CASH Tide Q4ciaL CHECK 0.. By Mom . Ag�� MUD BUSINESS FARMS • (915) 7438571 - Sjutte county DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965.3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 May 23, 1996 Agustin Carrillo P.O. Box 22 Palermo, CA 95968 Re: Minor Use Permit, AP 026-230-025, MUP96-12 Dear Mr. Carrillo: The Butte County Planning Commission held a meeting on May 23, 1996, regarding your request for a Minor Use Permit to allow a permanent second dwelling unit on property zoned AR -MH -5 located at 7510 Palermo-Honcut Highway, Palermo, was denied. Should you desire to appeal this decision you must do so, in writing, with the appeal deposit of $250.00 to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to the expiration of the 10 -day appeal period which is at 5:00 p.m., Monday, June 3, 1996. 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. Very truly yours, eilliparn Farrel Director, Development Services WF:lr 0formsWenial.frm MEMORANDUM TO:. Planning Commission FROM: Steve Betts, Assistant Planner SUBJECT: Minor Use Permit for a permanent second dwelling unit for Agustin Carrillo, File MUP 96-12 DATE: May 21, 1996 SUMMARY: This item was heard by the Planning Commission on May 9, 1996. The Commission continued this hem until May 23, 1996, and requested that staff provide more information concerning the flooding impacts to the project site. DISCUSSION: The project site is located within an "AE" flood zone as shown on the Federal Emergency Management Agency's Flood Insurance Rate Map. The "AE" designation denotes areas that are within a 100 -year flood zone, and for which base flood elevations have been determined. The attached map shows the project site and the approximate boundaries of the various flood zones. Zone X designated floodways, located on the north and south portions of the project site, are 100 -year flood zones, but for which the flooding elevation has not been determined. Questions were raised at the May 9 Planning Commission meeting about possible flooding of the project site. The Butte County Public Works Department has stated that flood waters flowed over Palermo Honcut Highway at the project site during the winters of 1995 and 1996. The approximate 100 ft. portion of the highway that flooded is located approximately 150 feet south of the existing mobile home. Water flowing west down Wyman Ravine backs up behind Palermo Honcut Highway and then flows across the highway. - The County recently reinforced the highway at the location of the flooding. Current County regulations allow homes to be built within a flood zone, but not within a floodway. The proposed second dwelling unit will not be in the floodway, but will still be within the flood zone. Staff recommended that the proposed second dwelling unit be raised one foot above the flood level to lessen the impacts of flooding. Staff also recommend that the proposed second dwelling unit be placed within 100 ft. of the north property line. This will move the second dwelling unit further away from the floodway and closer to the outer boundary of the flood. zone. ■ Butte County Department of Development Services ■ Planning Division 0 BUTTE COUNTY PLANNING COMMISSION Applicant: Agustin Carrillo Owner: same Hearing Date: May 23, 1996 Existing Zone: ARMH-5 w' Request: Minor Use Permit to allow a permanent second dwelling unit. No Scale Assessor Parcel No: 026-230-025 File: 9&12 0 `09 DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 May 13, 1996 Agustin Carrillo P.O. Box 22 Palermo, CA 95968 Re: Minor Use Permit, AP 026-230-025, MUP96-12 Dear Mr. Carrillo: At the regular meeting of the Butte County Commission held May 9, 1996, the public hearing was continued open to May 23, 1996, at 9:00 a.m. to consider your application for a Minor Use Permit to allow a permanent second dwelling at 7510' Palermo Honcut Highway, Palermo. This meeting will be held in the Board of Supervisors' Room,, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact this office. Very truly yours, Wi9M Farrel D' ctor, Development Services WF:lr k:\forms\confinueJrm April 22, 1996 Agustin Carrillo P.O. Box 22 Palermo, CA 95968 - . PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: 1916) 538-7601 FAX: 19161 538-7785 Re: Minor Use Permit, AP 026=230-025, MUP96-12 Dear Mr. Carrillo: Enclosed is a copy of the Agenda Report concerning your application for a Minor Use Permit to allow a permanent second dwelling at 7510 Palermo Honcut Highway, Palermo. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for May 9, 1996, at 9:00 a.m. This meeting will be held 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. Should you have any questions regarding this matter, please contact Stephen Betts, of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours,. Barry K. Hogan Planning Manager �- Gam. (,)X;tt7 Stephen Betts Assistant Planner SB:lr Enc. cc: k:lforms\schedule.frm 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, May 9, 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: ITEMS DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Peter Alaimo Sr. - Minor Use Permit to allow a second dwelling under the provisions of butte County Code Section 24-0280 on property zoned AR -MH - 5 (Agricultural Residential - Mobile Home - 5 acre parcels) located at 118 Sam Lynn Way, approximately .25 miles east of Drescher Tract Road, identified as AP 027-040-055, Oroville. (SB) (File MUP96-13) 9:00 a.m. - Agustin Carrillo - Minor Use Permit to allow a permanent second dwelling on property zoned AR -MH -5 (Agricultural Residential - Mobile Home - 5 acre parcels) located at 7510 Palermo Honcut Highway, approximately 400 feet north of Louis Avenue, identified as AP 026-230-025, Palermo. (SB) (MUP96-12) 9:00 a.m. - Alan and Donna Campbell - Minor Use Permit to allow a permanent second dwelling unite under the provisions of Butte County Code Section 24-280 on property zoned "U" (Unclassified) and "S -H" (Scenic Highway) located on the northwest corner of Clark Road and Circle J Road, approximately 2.75 miles north of Durham-Pentz Road, identified as AP 041-080-129, Oroville. (SB) (MUP96-14) The above mentioned applications and maps 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 Thursday, April 25, 1996. LIMIT OF FLOODWAY 7 18 ZONE AE (EL 126) ' ZONE X LIMIT OF FLOODWAY ZONE\ LIMI I OF �L FLOODWAY KENILWORTH AVENUE �C 8� ZONE AE In ZON E AE I Wyman Ravine e ZONE X Tributary 1 f56 ZONE X NEX ZONE X-7 NE X ZONE X AEE II 1Z1N E X LIMIT OF FLOODWAY RAILROAD AVENUE OLD RAILROAD GRADE ZONE RE X 17 ONE A', LIMITOF�� LIMIT OF STUDY DETAILED STUDY JOINS PANEL 0490 _ 3 X L9 0 • I,�m a LIMIT OF DETAILED STUDY E VILI S Q. A. - SEWAGE DISPOSAL AREAS 1. Meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. # Minor Use Permit Standard Conditions - Butte County # 1 Ne(son E44D, or �'3( 4(0� Lonc�min� -an:s Pavjtc�- S Q. A. - SEWAGE DISPOSAL AREAS 1. Meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. # Minor Use Permit Standard Conditions - Butte County # 1 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Environmental Health Director. Mary Mursu FROM: Barry K. Hogan, Planning Manager RE:. Request for Comments on a Development Application: Agustin Carrillo, UP 96-16 DATE: February 26,1996 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 Use Permit for a permanent second dwelling unit on property zoned ARMH-5 (Agricultural - Residential, Mobile Home 5 acre parcel) located at 7510 Palermo-Honcut Hi Tway, AVRroximately 400 feet north of Louis Ave.. Palermo area , identified as APN 026 - 230- 025. It is within Supervisorial District No. I THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON June 27. 1996. , YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN Marc X11 COMMENTS �. .. OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSME— 'TNNE COMMENTS (Attach addition pages if n ary): W � i/ h 6 I�wt or Planning e,pm;.,9 i. _nt ..._.es. MAR 2 'e�, �.aniurrtta J By. Date: ZZZ�_ 2 �- / Environmental Health FEB 2 8 1996 k:\forms\comment.frm 10-16-95 BKH Oroville, California 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 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: MUP 96-12 Agustin Carrillo DATE: March 12,1996 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 a Minor Use Permit for a permanent second dwelling unit on property zoned ARMH-5 ( Agricultural -Residential, Mobile Home 5 acre parcel) located at 7510 Palermo-Honcut Highway. approximately 400 ft. north of Louis Ave.. Palermo area , identified as APN 026-230-025. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON June 27. 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 26 ,1996: IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): By: Date: k4orms\comment.fm 10-16-95 BKH Planning Department MAR 2 0 1996 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 Planning Department BUTTE COUNTY MAR 2 0 1996 STANDARD CONDITIONS FOR Orovilie, California MINOR USE PERMITS APPLICANT: ��(,[ � L�Zf c.L_0 DATE: -- (-1:3-1994 AGENT: ev" U_ to Q APN: w - Z3- 2 -,r - PROJECT DESCRIPTION: rn u P — Li ,„/'A X-1 n ,C�.o Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A: SEWAGE DISPOSAL AREAS 1. Meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. 2. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. I Meet the requirements of the (Watershed 'Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). B. EXISTING COMMUNITY SEWER 1. Prior to the issuance of the Minor Use Permit, under permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. C. INDIVIDUAL WATER SUPPLY 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. Planning Department MAR 2 0 1996 or®�ille, California 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 Califoritia 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. A2. 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 pre suX" ' z�wter sjs�t� or. water storage tank, payment of $200.00 per d p Tffi. 'tfielattalion o%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 requiirements 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. b. 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 KA standcop \ mup a Minor Use Permit Standard Conditions - Butte County ■ ►1 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Butte County Planning Manager FROM: Barry K. Hogan, Planning Manager RE: Request for Comments on a Development Application: Agustin Carrillo, UP 96-16 DATE: February 26,1996 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 Use Permit for a permanent second dwelling unit on property zoned ARMH-5 ( Agricultural - Residential. Mobile Home 5 acre parcel) located at 7510 Palermo-Honcut Highwgy, gpproximately 400 feet north of Louis Ave. Palermo area , identified as APN 026 - 230- 025. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON June 27, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 11,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): S Z"a tJ r- Cu 441{ r Z • Vl�-� � /l�-r�w'r �Z�.D�c a�f Gel�^��1>-.�{� �<i� 'f'"�-c%-� �- �-�� - By: Date: 3--10 -cl W. Sell W0 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Development Service Director FROM: Barry K. Hogan, Planning Manager RE: Request for Comments on a Development Application: Agustin Carrillo, UP 96-16 DATE: February 26,1996 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 Use Permit for a permanent second dwelling unit on property zoned ARMH-5 (Agdcultural- Residential, Mobile Home 5 acre parcel) located at 7510 Palermo-Honcut Highway, approximately 400 feet north of Louis Ave., Palermo area , identified as APN 026 - 230- 025. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON June 27, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 11 1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): /- r anning Department Oroville, California 0 k:\forms\comment.fim 10-16-95 BKH Date: — /� ✓�� 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 1 r i BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works Director FROM: Bang K. Hogan, Planning Manager RE: Request for Comments on a Development Application: Agustin Carrillo, UP 96-16 DATE: February 26,1996 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 Use Permit for a permanent second dwelling unit on property zoned ARMH-5 ( Agricultural - Residential, Mobile Home 5 acre parcel) located at 7510 Palermo-Honcut Highway_ approximately 400 feet north of Louis Ave.. Palermo area , identified as APN 026 - 230- 025. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON June 27, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 11,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): Planning !)pvartment Orovilti�. By: Date: tl 3/05�� k:\forms\comment.frm 10-16-95 BKH 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 AIQ AWMOIWO ONdi 3J MS J0 AlNf100 9661 9 Z 833 a3ni333H BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICI PLANNING DIVISION TO: Butte County Sheriff FROM: Barry K. Hogan, Planning Manager RE: Request for Comments on a Development Application: Agustin Cai DATE: February 26,1996 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 Use Permit for a permanent second dwelling unit on property zoned ARMH-5 (Agdcultural- Residential, Mobile Home 5 acre parcel) located at 7510 Palenno-Honcut Hig away, approximately 400 feet north of Louis Ave., Palermo area , identified as APN 026- 230-025. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON June 27, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 11, 1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. OMMENTS / h additional ,0-02 k 11111111;111 11111 l��� 1100 11 111 '111 www / � l k:\forms\comment.frm 10-16-95 BKH 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 aim 10 • D r South Villa Ave UP 96-16 026-230-025 A-5 Ad0-1V Ave BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Agustin Carrillo PLANNER: Steve Betts DATE: 02/26/96 AGENT: APN# 026-230-025 PROJECT DESCRIPTION: Use Permit, for a permanent second dwelling unit PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. BUILDING PERMITS 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an ebsting development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. I. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of ebsting buildings. 2. Ebsting building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. ■ Use Permit Standard Conditions - Butte County ■ 4 0 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT • APPLICANT: Agustin Carrillo PLANNER: Steve Betts DATE: 02-26-96 AGENT: PROJECT DESCRIPTION: Use Permit, for a permanent second dwelling unit PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS J. SITE DEVELOPMENT 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B" and dated _, 19_ and is incorporated herein by this reference. 2. Prior to the. issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. 3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than _ gallon size. 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. ■ Use Permit Standard Conditions - Butte County ■ 4. All graded slopes, over 5 feet in height, or on slopes greater than _%, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING 1. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS 1. Prior to the issuance of building permits payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. 2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. 3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. 4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. ■ Use Permit Standard Conditions - Butte County ■ 5. This Conditional Use Permit is granted for a period of month(s) at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension the approving authority may add, change, or delete conditions. 6. Approval of this Conditional Use Permit shall become null and void if the use for which it has been granted is not established within two calendar year from the date of approval. No formal cancellation or revocation action by the County will be necessary. 7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. 8. Approval of this application does not become effective unless, prior to 4:00 p.m. on _, 199_, the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. 9. Prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article 11 of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. 10. Prior to the issuance of the Use Permit the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees. prior to the issuance of the Use Permit. 11. Prior to the issuance of the Use Permit, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). 12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County fees. ■ Use Permit Standard Conditions - Butte County ■ 7 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Barry K. Hogan, Planning Manager RE: Request for Comments on a Development Application: Agustin Carrillo, UP 96-16 DATE: February 26,1996 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 Use Permit for a permanent second dwelling unit on property zoned ARMH-5 ( Agricultural - Residential, Mobile Home 5 acre parcel) located at 7510 Palermo-Honcut Highway, approximately 400 feet north of Louis Ave., Palermo area , identified as APN 026 - 230- 025. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON June 27, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 11, 1996. IFNO COMMENTS OR COMMUMICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): Date: k:\forms\comment.frm 10-16-95 BKH 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 LEAD IN SHEET F 1 i(- UP • . APPLICANT• Carrillo, Agustin, P.O.Box 22, Palermo, CA 95968 NAME ADDRESS OWNER: See NAME ADDRESS REPRESENTATIVE: None NAME ADDRESS REQUEST: Use Permit: Foc- S<eovlc� L-)cA \y -,v -�nA AP# 026-230-025 SIZE: C • -23 Ac SUPERVISORAL DISTRICT # -I— EXISTING ZONING:- NA,N\ - S ZONING HISTORY: Zone Ci SURROUNDING ZONING: AR" H - S A- S SURROUNDING LAND USE: iAs-4 cA SITE HISTORY: E -F'aoCi ong GENERAL PLAN DESIGNATION: Ao neu(-�jyal - APPLICABLE REGULATIONS: Headinsheet Planning Dennariment F E 6 13 1996 &V / d � �7 j ! I / VJ ®/oVtitrii� Ya...... a.i iY�[� L • COMMENT DISTRIBUTION LIST APPLICATION: UP 96-16 USE PEFMIT DATE: February 12, 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 -Y _ APCD _ Butte Co. Farm Bureau Biggs _ Gridley _ Chico Oroville _ Paradise Chico Airport Commission Irrigation District: Butte Water _ Biggs/W. Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Thecmalito Irrigation _ Other Domestic Water _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. - OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation _ vision (CSA 21) _ t✓S LL (v _do_ Fire Protection 17 R 17 EI Medio Fire Protection District Recreation DLghicts Chico Area Recreation _ Durham Area Recreation _ _ Paradise Recreation & Park _ Richvale Recreation & Parks Utilities _ PG&E North - Chico PG&E South - Oroville State Agencies _ CalTrans _ Forestry (Attn: 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 DI�tJiilc. laid, Sd�( �. Sterling City Sewer Main - Feather River Rec. & Park Chambers Cable TV _ Pacific Bell Viacom Cable TV Dept of Water Resources _ Dept of Parks and Rec. _ Off. of Mining Reclamation US Bureau of Land Management Community Association Butte Env.l Council Cal Native Plant Society _ ?S.tt ey'no D i r:% Planning DeQa ent �(l•� FEB 2 6 1996 Orovilii:, .,a,, ornla Dept of Fish and Game Highway Patrol Off. of Governmental & Env. Relations Mosq. Abatement Oroville/Butte Co Paradise Pines Com Planning,, Den?Ament FEB 18 MR 1 41� RTA a r CA. au a ' 1 67 Ac -fes ��— .. . _ —\ AQ • 44. A A& .j 1 1 •1 � • •T 13 �Jlb - d-- - --- - - . oo-=�' - - --- CA G1 zL elV AQ ent 13 v 8 � of 917h.. T CIA cn e Nit C lz 3 l O Lj FEB 08 1996 U of 917h.. BUTTE COUNTY PLANNING COMMISSION Applicant: Agustin Carrillo Owner: same Hearing Date: May 23,19% Existing Zone: ARMH-5 Request: Minor Use Permit to allow a permanent second dwelling unit. N No Scale Assessor Parcel No: 026-230-025 1 File: 96-12 BUTTE COUNTY PLANNING COMMISSION Applicant: Agustin Carrillo Owner: same Hearing Date: May 23,1996 Existing Zone: ARMH-5 N Request: Minor Use Permit to allow a permanent second dwelling unit. No Scale Assessor Parcel No: 026-230-025 1 File: 96-12 -S y TR. SUB. M 0.1 T: 18 N. R. 4 E . M.D B, 81 M - F2 -o- CITRUS . . z2 W �i� 1! 20 j. T T W 9 > I `> PALERMO ' ' 0/ TRUS 8X 27 4 0 r es ri'l. NOTE:Only ando'naynotconstitutee legal parrcCels. TRS G T - SUS. NO , ?X27 Assessor's_Mcip No. 26_23 PALCITRUS TR SUB. NO. I M.O.R. WALL NO. 3 County ERMO Of Butte, Calif. PALERMO CITRUS TR. SUB. N0: 2 M. 0. R. WALL NO. 9 - Rfv'S£D: 'l i — 21 3 2 3 793.03 20 3 4 ti PALERMO ' ' 0/ TRUS 8X 27 4 0 r es ri'l. NOTE:Only ando'naynotconstitutee legal parrcCels. TRS G T - SUS. NO , ?X27 Assessor's_Mcip No. 26_23 PALCITRUS TR SUB. NO. I M.O.R. WALL NO. 3 County ERMO Of Butte, Calif. PALERMO CITRUS TR. SUB. N0: 2 M. 0. R. WALL NO. 9 - Rfv'S£D: 'l v. 1 I Vicinity Map Project Lootion MUP 96-12 APN 026-230-025 LLO i l Vicinity Map , Project Lootion MUP 96-12 APN 026-230-025 CARRILLO i Vicinity Map I Project Lootion MUP 96-12 APN 026-230-025 m LID le i Vicinity Map Project Lootion MUP 96-12 APN 026-230-025 CARRILLO i I Vicinity Map I Project Loj ation MUP 96-12 APN 026-230-025 a O �� PLFtl L LID i Vicinity Map Project Location MUP 96-12 APN 026-230-025 (,;Ofi- LFZ FZ I L LID i Vicinity Map Project Lootion MUP 96-12 APN 026-230-025 CARRILLO i I Vicinity Map Project Loj ation MUP 96-12 APN 026-230-025 Cw#AFt..FZI L LID i i IF i Vicinity Map Project Loj ation MUP 96-12 APN 026-230-025 i l I P-- Vicinity Map Project Location MUP 96-12 APN 026-230-025 O CARRILLO i Vicinity Map Project Lootion MUP 96-12 APN 026-230-025 LLID l Vicinity Map Project Lootion MUP 96-12 APN 026-230-025 CARRILLO i I Vicinity Map , Project Location , , rn MUP 96-12 APN 026-230-025 i l IF Vicinity Map Project Loj ation MUP 96-12 APN 026-230-025 CARRILLO Vicinity Map Project Lo tion MUP 96-12 APN 026-230-025 I Vicinity Map t Project Lo tion MUP 96-12 APN 026-230-025 CARRI LLO i EH[]FEEL I.1 melisa Zone X (shaded) X Area where water flowed across highway Mobile Home Proposed 2nd unit ............ AE Flood Zone AE (base flood elelations determined) / A Floodway Zone Zone X (shaded) (Areas of 100 -year flood with average depths of less than 1 foot or with drainage areas X less than 1 sq. mile) Louis Avenue A Flood Zone elevations determined) R Flood zones as per FEMA Flood Insurance Rate Maps (FIRM) Flood zones A, AE, and shaded X are definded by the County as areas of special flood hazard, and are subjectto a one (1) percent or greater chance of flooding in any given year. BUTTE COUNTY BOARD OF SUPERVISORS Applicant: Augustin Carrillo Owner: Same Hearing Date: July 23, 1996 Existing Zone: ARMH-5 N Request: Minor Use Permit to allow a permanent second dwelling unit. No Scale Assessor Parcel No: 026-230-025 File: 96-12 ell - Vicinity Map s Project Lo tion MUP 96-12 APN 026-230-025 CA. FZFZILLID AGENDA REPORT TO: Honorable Chair and Planning Com ission FROM: Barry K. Hogan, Planning Manager BY: Stephen Betts, Assistant Planner DATE: April 17, 1996 REQUEST: File # MUP 96-12 -Agustin Carrillo (Applicant/Owner), APN 026-230-025: A request for a Minor Use Permit for a permanent second dwelling unit on property zoned ARMH-5 (Agricultural- Residential Mobile Home, 5 acre minimum parcel size), located on the west side of Palermo-Honcut Highway, approximately 400 feet north of Louis Ave., at 7510 Palermo-Honcut Highway, Palermo area. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: Planning Commission Hearing for May 9, 1996 SUMMARY: This request is for a Minor Use Permit for a Second Unit. The proposal conforms to the zoning and the General Plan. Staff recommends approval of this application. PROJECT CHARACTERISTICS: This request is for a Minor Use Permit to allow a Second Unit pursuant to Butte County Code Section 24-280 as amended by Ordinance 3176. The property is a 6.22 acre parcel and is zoned ARMH-5. The Land Use Element of the Butte County General Plan designates the property as Agricultural - Residential. A 672 sq. ft. mobile home is located on the east portion of the property, adjacent to Palermo-Honcut Highway. Domestic water for the project site is obtained from an on-site well. An on-site septic tank and leachfield system handles sewage disposal for the residence. Surrounding parcels are zoned ARMH-1, ARMH-5, and A-5. Surrounding parcels have a General Plan designation of Agricultural -Residential and range in size from 5 to 24 acres, with the predominate size being 5 acres. Portions of the parcel are located in an "AE" flood zone, which is a 100 -year flood plain for which base flood elevations have been determined. The flooding potential originates from Wyman Ravine, which runs along the south boundary of the parcel, approximately) 50 feet from the location of the proposed second unit. ANALYSIS: This project will allow a 720 sq. ft. mobile home as a permanent second dwelling unit. The 6.22 acre parcel exceeds the minimum lot size requirements of the ARMH-5 zone and will not become overcrowded due to the second unit. The proposed location of the second dwelling will be outside of the required setbacks for the ARMH- 5 zone. There is adequate space for two off-street parking spaces for the second dwelling unit. New vehicle traffic generated by the addition of a new dwelling unit will be minimal and will not have a significant impact on area streets. Access to the second dwelling unit will be via an existing driveway off of Palermo-Honcut Highway. The proposed location of the second dwelling unit is within the "AE" flood zone as shown on the Federal Emergency Management Agency's Flood Insurance Rate Map. Any structures located in this flood zone would be subject to flooding from Wyman Ravine, which is located approximately 150 feet south from the location of the proposed second dwelling unit. The location of the proposed second dwelling unit is too close to Wyman Ravine, and a condition of this project will require that the proposed second dwelling unit be placed within 100 feet of the north boundary of the subject parcel. The proposed second dwelling unit will still be within the flood zone, but will be located further from the possible flooding source. Another condition of this project will require that the second dwelling unit have a finished floor level one (1) foot above the base flood elevation. The base flood elevation level for the project site is 174 feet above sea level. The Butte County Fire Department has requested several conditions for this project in order to lessen the impacts to fire protection services. One condition requires that building identification and address be installed and maintained ■ Butte County Department of Development Services ■ Planning Division ■ in conformance with Public Resources Code 4290. The second condition requires that the applicant pay $200.00 into the Battalion 7 water tender fund prior to issuance of a building permit for the second dwelling unit. The third condition requires that an all-weather access be provided to all structures on the project site. The Butte County Environmental Health Division has stated that a septic system for the second dwelling unit will need to be installed under permit from their Division. The sewage disposal system will have to meet the, requirements of Butte County Code Section 26-26 for sewage disposal systems located within a flood plain. Domestic water will be supplied by the well that provides water for the primary dwelling unit. This request is consistent with the intent and requirements of Section 24-280 of the Butte County Code. Upon review of this second unit application, staff has determined that the proposed second unit 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 on APN 026- 230-025, File # MUP 96-12, for Agustin Camillo for a second dwelling unit, subject to the findings and conditions listed In Exhibit A. Exhibits: A. Conditions of Approval Attachments: A. Vicinity Map B. Site Plan k:\projects\carrillo.mup\carrillo.rpt ■ Butte County Department of Development Services ■ Planning Division ■ 2 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) MUP 96-012 PERMIT NO. 026-230-025 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Agustin Carrillo is hereby granted a Minor Use Permit in accordance with the application filed February 8, 1996 to allow a second dwelling unit on property zoned ARMH-5 located at 7510 Palermo-Honcut Highway, Palermo. 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. 24-62. 2. Unless. otherwise provided for in a condition to this Minor Use Permit, all conditions must be completed by the permittee within 24 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a Minor Use Permit has been granted is not established within two years 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 Second Dwelling Unit 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: ■ Butte County Department of Development Services ■ Planning Division ■ 3 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 280, 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 Agustin Carrillo on APN 026-230-025 to allow a Second Unit 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 Second Unit shall not exceed 1200 square feet. 2. Provide two additional off-street spaces. 3. An attached or detached garage or carport with a maximum exterior dimension 20' by 24' -is permitted. 4. Adequate sewer and potable water facilities shall be provided under permit as determined by the Butte County Environmental Health Division. 5. Either the existing single family dwelling or the Second Unit shall be owner occupied. Certification of ownership shall be required prior to permit issuance and annually thereafter by submittal of a declaration in a form specified by the Director of Development Services or designee. 6. No permits for any additional dwelling may be approved unless the Second Unit is first removed._ 7. The second dwelling unit shall have a finished floor level one (1) foot above the base flood elevation. 8. Building identification and/or addresses shall be installed in conformance with Public ■ Butte County Department of Development Services ■ Planning Division ■ ..I Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 9. In lieu of a pressurized water system or water storage tank, payment of $200.00 per new dwelling unit into'the Battalion 7 water tend fund, is required prior to the issuance of a building permit. . 10. Provide an all weather access to all structures, which is designed to cant' a 40,000 pound fire apparatus at least 10 feet wide wfth a 15 foot vertical clearance. 11. The sewage disposal system for the second dwelling unit shall meet the requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems located wfthin a flood plain. 12. The second dwelling unit shall be located no more than 100 feet from the north boundary line of the parcel. 13.. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. NOTE: Issuance of this Minor Use Permit does not waive the. requirement of obtaining Building Division and Environmental Health Division permfts before starting construction and their approvals prior to use or occupancy, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Land Development Division Building Division Environmental Health Division California Department of Forestry ■ Butte County Department of Development Services ■ Planning Division ■ 5 I Vicinity Map I PALTER MUP 96-12 AN 026-230-025 Project Location L v e4 � N I L— i P -Q A-5 I -E RMH-1 RMH-5 Project Location -5 Ave BUTTE COUNTY PLANNING COMMISSION Applicant: Agustin Carrillo Owner: Same Hearing Date: May 9, 1996 @ 9:00 am. Existing Zone: ARMH-5 A Permit Request: Minor Use to allow a permanent second dwelling. No Scale I Assessor Parcel No: 026-230-025 File: 96-12 AGENDA REPORT TO: Honorable Chair and Planning Com fission FROM: Barry K: Hogan, Planning Manager BY: Stephen Betts, Assistant Planner DATE: April 17, 1996 REQUEST: File # MUP 96-12 -Agustin Carrillo (Applicant/Owner), APN 026-230-025: A request for a Minor Use Permit for 'a permanent second dwelling unit on property zoned ARMH-5 (Agricultural- Residential Mobile Home, 5 acre minimum parcel size), located on the west side of Palermo-Honcut Highway, approximately 400 feet north of Louis Ave., at 7510 Palermo-Honcut Highway, Palermo area. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: Planning Commission Hearing for May 9, 1996 SUMMARY: This request is for a Minor Use Permit for a Second Unit. The proposal conforms to the zoning and the General Plan. Staff recommends approval of this application. PROJECT CHARACTERISTICS: This request is for a Minor Use Permit to allow a Second Unit pursuant to Butte County Code Section 24-280 as amended by Ordinance 3176. The property is a 6.22 acre parcel and is zoned ARMH-5. The Land Use Element of the Butte County General Plan designates the property as Agricultural - Residential. A 672 sq. ft. mobile home is located on the east portion of the property, adjacent to Palermo-Honcut Highway. Domestic water for the project site is obtained from an on-site well. An on-site septic tank and leachfield system handles sewage disposal for the residence. Surrounding parcels are zoned ARMH-1, ARMH-5, and A-5. Surrounding parcels have a General Plan designation of Agricultural -Residential and range in size from 5 to 24 acres, with the predominate size being 5 acres. Portions of the parcel are located in an "AE" flood zone, which is a 100 -year flood plain for which base flood elevations have been determined. The flooding potential originates from Wyman Ravine, which runs along the south boundary of the parcel, approximately 150 feet from the location of the proposed second unit. ANALYSIS: This project will allow a 720 sq. ft. mobile home as a permanent second dwelling unit. The 6.22 acre parcel exceeds the minimum lot size requirements of the ARMH-5 zone and will not become overcrowded due to the second unit. The proposed location of the second dwelling will be outside of the required setbacks for the ARMH- 5 zone. There is adequate space for two off-street parking spaces for the second dwelling unit. New vehicle traffic generated by the addition of a new dwelling unit will be minimal and will not have a significant impact on area streets. Access to the second dwelling unit will be via an existing driveway off of Palermo-Honcut Highway. The proposed location of the second dwelling unit is within the "AE" flood zone as shown on the Federal Emergency Management Agency's Flood Insurance Rate Map. Any structures located in this flood zone would be subject to flooding from Wyman Ravine, which is located approximately 150 feet south from the location of the proposed second dwelling unit. The location of the proposed second dwelling unit is too close to Wyman Ravine, and a condition of this project will require that the proposed second dwelling unit be placed within 100 feet of the north boundary of the subject parcel. The proposed second dwelling unit will still be within the flood zone, but will be located further from the possible flooding source. Another condition of this project will require that the second dwelling unit have a finished floor level one (1) foot above the base flood elevation. The base flood elevation level for the project site is 174 feet above sea level. The Butte County Fire Department has requested several conditions for this project in order to lessen the impacts to fire protection services. One condition requires that building identification and address be installed and maintained ■ Butte County Department of Development Services ■ Planning Division ■ in conformance with Public Resources Code 4290. The second condition requires that the applicant pay $200.00 into the Battalion 7 water tender fund prior to issuance of a building permit for the second dwelling unit. The third condition requires that an all-weather access be provided to all structures on the project site. The Butte County Environmental Health Division has stated that a septic system for the second dwelling unit will need to be installed under permit from their Division. The sewage disposal system will have to meet the requirements of Butte County Code Section 26-26 for sewage disposal systems located within a flood plain. Domestic water will be supplied by the well that provides water for the primary dwelling unit. This request is consistent with the intent and requirements of Section 24-280 of the Butte County Code. Upon review of this second unit application, staff has determined that the proposed second unit 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 on APN 026- 230-025, File # MUP 96-12, for Agustin Carrillo for a second dwelling unit, subject to the findings and conditions listed in Exhibit A. Exhibits: A. Conditions of Approval Attachments: A, Vicinity Map B. Site Plan k:\projects\carrillo.mup\carrillo.rpt ■ Butte County Department of Development Services ■ Planning Division ■ 2 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) MUP 96-012 PERMIT NO. 026-230-025 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Agustin Carrillo is hereby granted a Minor Use Permit in accordance with the application filed February 8, 1996 to allow a second dwelling unit on property zoned ARMH-5 located at 7510 Palermo-Honcut Highway, Palermo. 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. 24-62. Unless otherwise provided for in a condition to this Minor Use Permit, all conditions must be completed by the permittee within 24 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a Minor Use Permit has been granted isnot established within two years 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 Second Dwelling Unit 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: ■ Butte County Department of Development Services ■ Planning Division ■ 3 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 280, 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 Agustin Carrillo on APN 026-230-025 to allow a Second Unit 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 Second Unit shall not exceed 1200 square feet. 2. Provide two additional off-street spaces. 3. An attached or detached garage or carport with a maximum exterior dimension 20' by 24' -is permitted. 4. Adequate sewer and potable water facilities shall be provided under permit as determined by the Butte County Environmental Health Division. 5. Either the existing single family dwelling or the Second Unit shall be owner occupied. Certification of ownership shall be required prior to permit issuance and annually thereafter by submittal of a declaration in a form specified by the Director of Development Services or designee. 6. No permits for any additional dwelling may be approved unless the Second Unit is first removed. 7. The second dwelling unit shall have a finished floor level one (1) foot above the base flood elevation. 8. Building identification and/or addresses shall be installed in conformance with Public ■ Butte County Department of Development Services ■ Planning Division ■ 4 M NOTE: Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 9. In lieu of a pressurized water system or water storage tank, payment of $200.00 per new dwelling unit into the Battalion 7 water tend fund, is required prior to the issuance of a building permit. 10. Provide an all weather access to all structures, which is designed to cavy a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance. it. The sewage disposal system for the second dwelling unit shall meet the requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems located within a flood plain. 12. The second dwelling unit shall be located no more than 100 feet from the north boundary line of the parcel. 13. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 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 ■ 5 i Vicinity .Map In PA ER MUP 96-12 AM 026-230-025 Project Location v k MH -5 Project I Location BUTTE COUNTY PLANNING COMMISSION Applicants Agustin Carrillo Owner: Same Hearing Date: May 9, 1996 @ 9:00 a.m. Existing Zone: ARMH-5 N Request: Minor Use Pemnit to allow a permanent second dwelling. No Scale Assessor Parcel No: 026-230-025 File: 96-12 I T Q CA - ----- -- ---- �a v r� S AQ Q ----------- ------------------------ FEB 0 8 1996 � -- - ®roville, hantornia-- _-- — —� — -- o. C TZ -- h ^ems Isn--- - - ------ C vJ4- LI, k` v •V/'a _ ro 020 i 833 C - UluuOild c N� � Q N y 1� ON IV/'cs . 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