HomeMy WebLinkAboutMUP 96-23PROJECT SUMMARY SHEET
FILE'#: MUP 96-23 PROJECT TYPE: MINOR USE PERMIT
APPLICANT: JOHN AND TOBY HALE
ADDRESS: 5RAINTREE COURT CHICO CA. 95973
OWNER: SAME
ADDRESS:
REPRESENTATIVE: EVERGREEN DEVELOPMENT, P.O.BOX 953, FOREST RANCH, CA 95942
ADDRESS:
PROJECT DESCRIPTION: MINOR USE PERMIT FOR A SECOND DWELLING
PROPERTY ZONED: SR -1 LOCATED: ON THE NORTH SIDE OF RAINTREE CT. APPROX. 400 FEET EAST OF
RAINTREE LANE, AT 5 RAINTREE CT. IN NORTH CHICO AREA.
AP#: 047-330-050 TOWN/AREA: CHICO
GENERAL PLAN DESIGNATION: AGRICULTURAL / RESIDENTIAL
1. Application complete: JUNE 4, 1996 Amount: $ 1288.00 Receipt #: 15454
\\2. Comments sent to: E.H./SHERIFF/LAFCo/CDF/CHICO AREA REC/PG&E/CRWOC/DSD/PW/ALUC/AG COM/
l
3. Comments received from:
4. Rezone Petition Signatures Checked:
5. Mailing List/Lead-in Sheet:
6. Assigned To: STEVE LUCAS
7. Environmental Determination:
Manning Division State Clearinghouse No: /40 ✓ Categorical Exemption-CEQA#
Negative Declaration'
Mitigation Negative Declaration
JUN 17 1996 Subject to Fish & Game: Environmental Impact Report
Oroviile, Califomia Gen. Rule Ex. -CEQA # 15061.(bx3)
Other
8. Staff Report: Project Video: IE)
9. Clearinghouse circulation required: Yes No Date Sent to SCH: 411,1 t'
10. Publication Notice Written: 21— c7 Display Ad Prepared:
11. Notices Mailed: Number of Notices: /(47
12. Newspaper Publication Date: 61111� —a J�— 9 O/C G B R
13. Planning Commission Hearing(s): /o7y�/ -71?4
14.
15.
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16.
17.
Action taken:
Special Conditions:
Commission Resolution No.
Board of Supervisors' Hearing(s):
Action taken:
Board Resolution No.: Ordinance No: Adopted:
Type Use Permit/Send for signature:
N.O.E. / N.O.D. / APPENDIX G:
Send validated Use Permit:
18. Assessor's Memo:
19. Copy of Use Permit / Variance to Planning Technician:
Fish & Game Fees Paid: Yes No
• w + w + � w r
B. John and Toby Hale (Item determined to be Categorically Exempt from environmental'
review) Minor Use Permit to allow a permanent second dwelling unit on property zoned SR -1
(Suburban Residential - 1 acre minimum parcel size) located on the north side of Raintree
_ Court, approximately 400 feet east of Raintree Lane, at 5-Raintree Court, identified as AP
- 047-330-050, Chico, (SL) (MUP96-23) (VIDEO)
Mr. Lucas said there are concerns regarding insufficient sewage disposal replacement area on the property.
Also the property is in Flood Zone A. He noted that a similar request by Augustin Carillo near Wyman Ravine,
was denied by the Planning Commission, however Rock Creek has not breached its banks in some time. The
property does not have double the required acreage required by the zone. There is only 1.33 acres of land
in a one acre zone. There should not be a visual impact on the the
due to landscaping.
Mr. Sanders said the request meets the requirements of the current ordinance, which requires the minimum
parcel size of the zone.
_Mr. Nelson said a precedent has'been set by the Planning Commission for double the'required`acreage for
second units.
Mr. Lucas said the concerns regarding replacement sewage disposal area could be covered by a condition
to meet the requirements of the Health Department.
Commissioner Lambert felt that if a second unit is allowed, the property should be able to meet the
requirements for two parcels such as zoning, setbacks, and leach field requirements, which relates to the
double acreage idea. She asked if the project lies within two miles of the airport.
Mr. Lucas said that it does.
Commissioner Lambert suggested that an avigation easement should be a condition if the request is
approved.
Mrs. Hale said the architect drew the second leachlines in a drawing.. She submitted the drawing to the
Planning Commission. She said that the architect assured her there is double leach area.
Commissioner Seegert said that the second drawing looks even less possible.
Commissioner Lynch said that putting a line between existing lines is very unusual and he did not think it
would work. The 100 foot setback from the creek is not available for leachlines.
Mr. Sanders said if leach fields are the only issue, there could be a condition to require proof of adequate
replacement leach field area prior to issuance of building permits to the satisfaction of the Health Department,
however there are other issues of concern apparently.
`Mrs. Hale said that'to'the`east is a 100 acre parcel used fog grazing, and to the north is Rock Creek and
Unclassified land, and to the west aye one acre_'parcels. She did'not think the density would be increased.
There should not be impacts on traffic, and Mr. Lucas does not think there would be a visual impact on'the
neighbors.
Commissioner Nelson said that adding a second unit would double the density of the lot, which-the—
Comm ,. -
Commission is essentially opposed to doing.
Mrs. Hale said they want to have the second residence for their parents, and want to have a fig orchard on _
the property. She said that there are CC&R's on the property which have to be met and they would attach the
second unit to the main house if necessary.
P J BUM COUMY PLANNING WDtIISSION PII.NIM SEF=ER 12, 1996 -
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Mr. Sanders said the second unit ordinance does allow second units to be structurally attached to the primary
dwelling.
Commissioner Cage asked what would be required in the way of leach field for an attached unit.
Mr. Sanders said that would be up to the Health Department. The square footage of the second unit would
be limited to 30% of the main house, which would be about 700 square feet. 'A temporary second unit would
have to be a mobile home.
Mrs. Hale said the CC&R's would not allow a mobile home. They were not aware of the CC&R's when they
bought the property.
Commissioner Nelson asked what the applicant can- legally do to provide housing for the parents.
Mr. Lucas said that a guest house without a kitchen could be built. An attached second unit -could be
constructed, or additional living space could be added to the house. Septic requirements would have to meet
requirements of the Health Department.
Commissioner Lambert asked about the proposed barn.
Mrs. Hale said they have a fig orchard and want to start a small agricultural business and need a barn for
drying and processing. _
Bill Dinsmore, 11 Raintree Lane, said he lives on one of the nine lots of the subdivision which has explicit
CC&R's.
'Terry Jessee,'30.Rain6ee Court; said.she objects to a residence next to'her property'line, since it will
overlook her back yard and 'pool area as -a second story unit. She does not object to a barn, but objects to
.living quarters near her property line.. She showed an aerial photo of her property to the Commissioners.
Commissioner Cage asked if- the garage were to be converted into living quarters if that would be
objectionable.
Ms. Jessee said the existing residence is two stories, and since the garage is one story, that would not have
an effect, but putting a residence on top of the barn would have an effect.
Randy Corty, 4 Raintree Lane, was concerned about an in in traffic since his house is the first one in
the subdivision. The second unit might be a rental later on. He thought the integrity of the neighborhood
would be effected and urged for denial.
Mr. Dinsmore entered a copy of the CC&R's into the record.
HEARING CLOSED TO THE PUBLIC
Commissioner Nelsonsaid that a guest house would be legal.
- Mr. Sanders said there could -be a guest house of 500 square feet without kitchen facilities.
&TITS COU N M ARMC COPMISSION 1`1TN[TTFS - SEPTDEM 12, 1996 f
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Commissioner Lynch said the property owners knew about the CC&R's, and although the Commission does
not enforce-CC&R's, neither should it "fly in the face" of them. Ignorance of the CC&R's would not be an
excuse. There.are other- options available. such as expanding the house and denial would be appropriate,
although normally he would be in favor of providing housing for older family members.
It was moved by Commissioner Nelson, seconded by Commissioner Lynch, `and carried unanimously, for
denial of the request for a Minor Use Permit for John and Toby Hale. r
'Commissioner Cage said she would vote for denial since there are other options available.
Mrs. Hale asked if some of the fees they paid could be applied.to another type of application.
Mr. Lucas said that the remainder of the deposit would be ieturned and could be used to reapply for
something else.
SIT= COUNTY PLANNING COMMISSION MEE[TTF.S - - SEPTEMBER' 12`; 1996 t - e
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AGENDA REPORT
TO: Honorable Chair and Planning Commission
FROM: Stephen Lucas, Associate Planner
DATE: July 30, 1996
REQUEST: File # MUP 96-23 - John & Toby Hale (Owners/Applicants), APN 047-330-050: A request
for a Minor Use Permit for a permanent second dwelling unit under the provisions of Butte
County Code Section 24-280. The property is zoned SR -1 (Suburban Residential 1 acre
minimum parcel size), and is located on the north side of Raintree Court approximately 400
ft. east of Raintree Lane, at 5 Raintree Court, in the Chico area. This project is located in
Supervisorial District 3.
RELATED
ITEMS: None.
FOR: Planning Commission Hearing for September 12, 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. The application may meet the requirements of Section 24-280 of the Zoning Code.
Staff is concerned that due to factors related to septic system adequacy, which will ultimately be resolved by the
Environmental Health Division, and flood zone impacts, this application may not present an acceptable project. A
recommendation for denial is presented based on these concerns. Approval of the application would require
assurances that the concerns can be effectively mitigated.
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 size of the project parcel is 1.33 acres and is
zoned SR -1. The Land Use Element Map of the Butte County General Plan designates the property as Agricultural -
Residential. A 2,500 sq. ft. conventionally built house, a garage and a small orchard are located on the property.
Domestic water for the residence is obtained from a private well and an on-site septic tank and leachfield system
handles sewage disposal for the dwelling unit. Surrounding developed parcels to the east, south & west are zoned
SR -1 and have a General Plan designation of Agricultural -Residential and range in size from 1 to 5 acres.
Surrounding land use to the north is undeveloped and zoned U (Unclassified). The parcel is also bordered on the
north by Rock Creek and is located within the 100 year flood plain as indicated on Flood Insurance Rate Map.
ANALYSIS: This project will allow a 1,200 sq. ft., two story, two bedroom home as a permanent second dwelling unit.
The 1.33 acre parcel size is in excess of the one acre minimum parcel size required by the SR -1 zone. The proposed
location of the second dwelling is outside of the required setbacks for the SR -1 zone. There is adequate space for
two off-street parking spaces for the second dwelling unit. New vehicle traffic generated by the second dwelling unit
will be minimal and will not have an impact on the roads in the project area. The proposed permanent second
dwelling unit will have access to Raintree Court via the existing driveway. There are three significant concerns
associated with this request; development in a flood zone; adequacy of sewage disposal system; and an increase in
residential density on the lot.
Sewage Disposal System
The applicant proposes to utilize a septic tank leachfield system for the second unit. Comments received from the
Environmental Health Division (EHD) indicate that a septic system must be installed under permit and inspection from
the EHD. The EHD has concerns as to the availability for a 100% replacement area on the lot when the second unit
is constructed. Indications are that the 1.33 acre parcel may not be of sufficient size when combined with other
factors such well setbacks, property line setbacks and setbacks from Rock Creek, to allow for a leachfield
replacement area. The EHD has also commented that the well on the parcel may require a yield test to determine
if sufficient domestic water is available for the second unit. Ultimately, the EHD will decide whether or not to issue a
sewage diposal permit for the second unit.
■ Butte County Department of Development Services ■
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Flood Zone
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The subject property in located adjacent to Rock Creek and entirely within Flood Zone A of the watercourse as
indicated on the Flood Insurance Rate Map panel 95B. No base flood elevations have been determined for this zone
and a condition of approval would require the applicant to establish 100 year floodplain elevations and the lowest floor
elevations for any structures. Although being in the flood zone does not automatically preclude the development of
a second unit, it is does present an issue of suitability of this parcel for increased residential density. The Commission
recently denied File # MUP 96-12 for Agustin Carrillo based on flooding concerns and this decision was upheld by the
Board of Supervisors. If the application is approved, a condition is added that states, "The applicant, prior to issuance
of building permits, to establish 100 year elevations and the lowest floor elevations for any structures and show on the
site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and
a temporary benchmark on-site."
Density Increase
The parcel is 1.33 acres in size and is in the SR -1 zone which dictates a one acre minimum parcel size. The second
unit would increase the density on the parcel to one dwelling per .66 acres. The Commission has indicated that
second units that increase the density of the zone may not be appropriate and are incompatible with surrounding land
uses. Staff review of the site found an area of larger homes on significantly landscaped parcels. The location of this
second unit is substantially screened from view by vegetation and is unlikely to create any visual impact to surrounding
properties. The applicant has indicated that he has personally spoken to neighbors and received verbal
acknowledgments that they are not opposed. To date, staff has not received any verbal or written objections to the
request.
Other concerns
The California Department of Forestry has will require that all new structures comply with the California Fire Safe
Regulations, be properly identified pursuant to PRC 4290, and that the a $200.00 payment be made to the Battalion
4 water tender fund.
Butte County Code Section 24-41 addresses the required findings 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 conventionally -built house and
the permanent second dwelling unit will be a conventionally built home. The two dwelling units will be in
harmony with each other because the main dwelling unit is larger and the second dwelling unit will be clearly
subordinate. The coverage and density of the project parcel will increase due to the addition of permanent
second dwelling unit. However, the increase will be minor due to the relatively large size of the project parcel.
2. The availability of public facilities, services and utilities - Telephone and electrical services already extend to
the project parcel. The parcel is presently utilizing a septic system and well and the second unit will utilize
the same well and install an independent septic system. As mentioned above, the sewage disposal system
and well may not be adequate to support a second unit. The nearest fire station (#41) is located
approximately 2 miles west of the project site.
3. The harmful effect, if any, upon desirable neighborhood character - Most of the dwelling units in the project
area are larger conventionally -built homes. The permanent second dwelling unit will be a 1,200 sq. ft. , 2
story conventionally built home. The second unit will be the same character as the dwelling unit on the project
site and with the other dwelling units in the project area, but must be permitted as per State law.
4. The generation of traffic and the capacity and physical character of surrounding streets - The second dwelling
unit will add approximately 10 additional vehicle trips to the roads in the project area. Keefer Road and
Raintree Court are both operating at a level of service of C or better. This level of service on these roads will
not decrease due the additional vehicle traffic generated by the second dwelling unit. The intersection of
■ Butte County Department of Development Services ■
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Keefer Road and SR 99, is not signalized at this time, but is planned for signal in the future and will not be
significantly impacted by this project.
5. The suitability of the site for the type and intensity of use or development which is proposed - There is
sufficient room on the project site for the permanent second dwelling unit and for a second septic system,
however, as discussed above, the parcel is in a flood zone.
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. 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, but it may be detrimental to the health, safety, and welfare of the intended
occupants due to the location of the unit within a flood zone and the possibility that a septic system may become
problematic.
ENVIRONMENTAL DOCUMENTATION: This application has been determined to be categorically exempt from the
provisions of CEQA under a Class 3 exemption.
PUBUC 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 deny the Minor Use Permit for John & Toby
Hale on APN 047-330-050, File # MUP 96-23. Should the Commission find that the development of the second unit
is appropriate, staff has included the following findings and conditions listed in Exhibit A.
Exhibits: A. Conditions of Approval
Attachments: A. Vicinity Map
B. Site Plan
Reviewed andhpproved by:
of Development Services
kAprojectslhale. mup\pc.rpt
■ Butte County Department of Development Services ■
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EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
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DATE: (Certified Mail Receipt)
MUP 96-23
PERMIT NO.
047-330-050
ASSESSOR'S PARCEL NUMBER
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below:
John & Toby Hale are hereby granted a Minor Use Permit in accordance with the application filed June 4, 1996 to
allow a permanent second dwelling unit on property zoned SR -1, located at 5 Raintree Court, Chico.
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 12 months of the delivery of the countersigned permit to the Permittee.
If any use for which a Minor Use Permit has been granted is not established within one year of the date
of receipt of the countersigned permit by the permittee, the permit shall become null and void and
reapplication 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 permanent 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 ■
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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 John and
Toby Hale on APN 047-330-050 to allow a permanent second dwelling 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. Construction, installation or development of structures or facilities on the parcels/lots shall
comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and
all other applicable State and County codes, ordinances and regulations in effect at the time
of application for improvement permits.
8. Building identification and/or addresses shall be installed in conformance with Public
■ Butte County Department of Development Services ■
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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 into the
Battalion 4 water tender fund, is required prior to issuance of building permits.
10. Prior to issuance of building permits establish 100 year elevations and the lowest floor
elevations for any structures. Show on the site plan map for building permits the elevations
(by contours) and the location of an accepted NVGD benchmark and a temporary
benchmark on-site.
11. Applicant shall comply with all other applicable federal, state and local regulations.
NOTE: Issuance of this permit does not waive the requirement of obtaining Building Division and
Environmental Health Division permits before starting construction, nor does it waive any other requirements
of federal, state, and local law.
Butte County Planning Commission Chairman
cc: Land Development Division
Building Division
Environmental Health Division
California Department of Forestry
■ Butte County Department of Development Services ■
�-9
I Vicinity Map I
Project Location
MUP 96-23
AP#047-330-050
HALE
Z�i
A-5
U
A-40
Project Location
BUTTE COUNTY PLANNING COMMISSION
Applicant: John & Toby Hale Owner: Same
Hearing Date: SEPT. 12J 1776 @ 9%00 AM Existing Zone: SR -1 (Suburban Residential, 1 acre min.) A i
Request: Minor Use Permit to allow a second dwelling. No Scale
Assessor Parcel No: 047-330-050 File: 96-23
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STACK:
DEPARTNIE� OF DEVELOPNIE�I' SERVICES
BUTTE COUNTY UNIFORM APPLICATION
APPLICAINT: A¢ent information to be provided is on other side:
APP
LiCA1VT'S NAME I If applicant is diSerent from owner as afSdavit is Requital) ASSESSOR'S PARCEL NUMBER:
ADD I
ITY. STATE &ZIP CODE FII:E NUMBER:":': (FOA'OFFICEUSE?
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NAME OF PROPOSED PROJECT ( If ant)Ql(o O
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O OF ROJECT ( Major cross streets and Address, any) n
�Q10-�fee COUI"f- L) '11`Cdl Or, 11`pornl'a 95 -13
^r GENERAL INFORMATION REQUIRED
OWNER'S NAW
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TELEPHONE
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ADDRESS:TTY.
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STATE & ZIP CODE
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GENERAL PLAN
EXIS7aiG LAND USE
5 i 8 RRD
SITE SIZE ( in Square Feet or Acres
E CIS'TING STRUCIVRESS (in Square Feet)
PROPOSED S MUCTURCcES (in Square Feet)
Q)500 s?' -P+'
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(Check One)
(Check One)
❑ PROPERTY IS OR PROPOSED TO BE SEWMtED
PROPERTY IS OR PROPOSED TO BE ON SEPTIC
❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
PROPERTY IS OR PROPOSED TO BE ON WELL WATER
❑ GENERAL PLAN AMENDMENT
❑ REZONE
❑ USE PERMIT
x MINOR USE PERMIT
❑ VARIANCE
❑ MINOR VARIANCE
❑ ADMINISTRATIVE PERMIT
❑ DEVELOPMENT AGREEMENT
APPLICATION REQUESTED
Planning Division
JUN 0 0996
0mvilie, Califomia
❑ TENTATIVE PARCEL MAP
❑ TENTATIVE SUBDIVISION MAP
❑ WAIVER OF PARCEL MAP
❑ BOUNDARY LINE MODIFICATION
❑ LEGAL LOT DETERMINATION
❑ CERTIFICATE OF MERGER
❑ MINING AND RECLAMATION PLAN
❑ OTHER
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FULL DESCRIPTION OF PROPOSED PROTECT (Attach necessary sheets. If this application is for a land division ,describe the number acrd
=' size of parcels.) --,)"be 0 0* Sf fU C+ , 0 0-F 0: IQ -00,39,
be i roorm r
OWNER CERTIFICATION
I CERTIFY THAT I A,%t PRFSENEI.Y THE LEGAL OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER l ACKNOWLFDGETHE FILING OF
THIS APPUCATION AND CERTIFY THAT ALL OFTHE ABOVE INFOR,%IATTON IS TRUE AND ACCURATE
CERTIFY
(If an agent u to be authorized, ototvtt m affidavit of authoriation and include the atTI vit •th this app • ion
DATE: �_ 1 f Cf SIGNATURE.tla
AGENT AUTHORIZATION
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 Assessors Parcel Number
. This authorization allows representation for all applications,
hearings, appeals, etc. and to sign all documents necessary for said processing, but not including
document (s) relating to record title interest.
Owner(s) of Record: (sign and print name)
Print Name
Signature
Architect and/or Engineer:
Print Name of Architect/Engineer and Phone Number
Mailing Address
FOR OFFICE USE ONLY
Verify:
Date received:
Print Name
Signature
Total amount received: � 14 Z g P • coo
✓ AP Number(s) N/A Legal Description
v --'Owners Authorization Zoning requirements
Project Description Copies of plot plan
Taken bye Receipt No.(5"t6- E.H. 4 S. oo LD (SO• oo Plan kL o cacp FD 43.
Payment of the currently required Application Fee and/or Deposit (Any unused portion of a
deposit) will be returned upon final action.
Current fee'for this application is $ as of
Make check payable to "Butte County Treasurer".
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L: 047 330 050 000 STATUS: ACTIVE
HALE JOHN S & TOBY A
5 RAINTREE CT
CHICO CA 95928
L: 047 330 010 000 STATUS: ACTIVE
BOYER FAM REV LIV INTERVIVOS TRUST
BOYER HENRY V & GLADYS F TRUSTEES
5190 WALNUT RD
VACAVILLE CA 95687
L: 047 330 013 000 STATUS: ACTIVE
A & S RANCHES
5018.WILSON LANDING RD
CHICO CA 95926
L: 047 330 033 000 STATUS: ACTIVE
PORRO MICHAEL J & SHARON L JT
i8 RAIN TREE LANE
CHICO CA 95926
L: 047 330 034 000 STATUS: ACTIVE
JESSEE ROBERT F & TERI L
30 RAINTREE CT
CHICO CA 95926
L: 047 330 037 000 STATUS: ACTIVE
DUERR HOMER 0 & MARY TRUST
DUERR HOMER 0 TRUSTEE
22 RAINTREE LN
CHICO CA 95926
L: 047 330 039 000 STATUS: ACTIVE
SURMINSKY EDWARD & FRANCES I ETAL
19 RAIN TREE LN
CHICO CA 95926
L: 047 330 051 000 STATUS: ACTIVE
CARPENTER BRENT E & SUSAN L JT
20 RAINTREE LANE
CHICO CA 95926
L: 047 330 052 000 STATUS: ACTIVE
IMHOFF CLARKE E & LORRAINE T ETAL
45 COVELL PK
CHICO CA 95928
L: +047 330 068 000 STATUS: ACTIVE
GONZALES DANIEL T & DAWN M
30 ARROYO VISTA LN
CHICO CA 95973
L: 047 330 069 000 STATUS: ACTIVE
TITUS LAWRENCE E & ROBYN C KAMEG
4152 KEEFER RD
CHICO CA 95926
L: 047 330 028 000 STATUS: ACTIVE
MOSES ROBERT L & LORENA M REVOCABLE TR
MOSES ROBERT L & LOREUA M TRUSTEES
4176 KEEFER.RD
CHICO CA 95926
L: 047 330 031 000 STATUS: ACTIVE
KORTE RANDALL & LORI STEWART
i
4 RAIN TREE LN
CHICO CA 95926
L: 047 330 032 000 STATUS: ACTIVE
MACARTHUR LOREN
12 RAINTREE LN
CHICO CA 95926
L: 047 330 040 000 STATUS: ACTIVE
BALDWIN W CURTIS II & JUDY
15 RAINTREE LN
CHICO CA 95926
L: 047 330 041 000 STATUS: ACTIVE
DINSMORE WILLIAM J & KERRY D
11 RAINTREE LANE
CHICO CA 95926
CLAIMANT:
ADDRESS:
CITY & STATE:
DATE OF CLAIM:
.0
COUNTY OF BUTTE
Oroville, California
GENERAL CLAIM
John & Toby Hale
5 Raintree Court
Chico, CA 95973
September 25, 1996
•
SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES
IMPORTANT. -
SEE INSTRUCTIONS
ON REVERSE SIDE
DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT
9-25-96 Minor Use Permit, MUP 96-23 - REFUND DUE $164.
70
TOTAL $164.
70
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 0 J T� 19 1L, at
Sigr) tura 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 [)OC]or Specific Board Approval [ ] (Check one) for the same.
Dated this I_fT'l nn
day of I l £ C 19�, at 8 �-�' Calif. /•, ,
Department Head or Authorized Deputy
Dept. Code 480-001 Exp. Code 4210900 PAYABLE FROM GENERAL FUND
DO NOT WRfTE BELOW THIS LINE - AUDITOR'S USE ONLY
DEPT. & SUB. PROD. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT.
Date'12/12/96 tvelo'pment Services Departont
Time 8:50 am Applicant Billing Worksheet
MUP 96-23 * John & Toby Hale
5 Raintree Court
Chico, CA -95973
In reference to : MUP, AP#047-330-050
Rounding : None
Full Precision : No
Last bill / / Last aging
Last charge 09/19/96
Last payment / / Amount $0.00
Date/Slip#
Description
HOURS/RATE
06/03/96
Luke / P
1.0.0
#8907
Processing
59.00
06/03/96
Paula A. / C
0.50
#8945
Clerical
34.00
06/03/96
Craig / P
0.25
#8973
Processing
59.00
06/17/96
Paula L. / P
0.25
#9023
Processing
59.00
06/17/96
Larry / P
1.50
#9049
Processing
59.00
06/17/96
Luke / P
2.00
#9059
Processing
59.00
06/17/96
Linda / C
1.50
#9106
Clerical
34.00
07/29/96
Craig / P
0.35
#9498
'Processing
59.00
07/29/96
Luke / P
4.00
#9513
Processing
59.00
08/12/96
Luke / P
2.00
#9556
Processing
59.00
08/26/96
Lynn / C
1.00
#9726
Clerical
45.00
09/09/96
Lynn / C
0.25
#9861
Clerical
45.00
Page 1
AMOUNT TOTAL
59.00
17.00
14.75
14.75
t
88.50
118.00
51.00
20.65
236.00
118.00
45.00
11.25
Date 12112/96 tvelopment Services Departgnt
Time 8:50 am Applicant Billing Worksheet.
MUP 96-23 * :John & Toby Hale (continued)
TOTAL BILLABLE TIME CHARGES
14.60
Date/Slip# Description OTY/PRICE
08/29/96 Lynn / $C 1 41.40
#9667 Publish Legal Notice in Chico 41.40
Enterprise Record
TOTAL BILLABLE COSTS
TOTAL NEW CHARGES
PAYMENTS/REFUNDS/CREDITS
06/04/96 Deposit - Receipt #15454 (1,000.00)
12/12/96 Refund/Claim Form to Auditor 164.70
TOTAL PAYMENTS/REFUNDS/CREDITS
NEW BALANCE
Page 2
$793.90
$41.40
$835.30
($835.30)
TOTAL NEW BALANCE $0.00
Date.���/24/96 Development Services Department
Time 9:59 am Applicant Billing Worksheet
MUP 96-23 * John & Toby Hale
5 Raintree Court
Chico, CA 95973
In reference to : MUP, AP#047-330-050
Rounding : None
Full Precision : No
Last bill
/ /
Last aging
Last charge 09/19/96
Last payment / /
Amount $0.00
Date/Slip#
Description
HOURS/RATE
06/03/96
Luke / P
1.00
#8907
Processing
59.00
06/03/96
Paula A. / C
0.50
#8945
Clerical
34.00
06/03/96
Craig / P
0.25
#8973
Processing
59.00
06/17/96
Paula L. / P
0.25
#9023
Processing
59.00
06/17/96
Larry / P
1.50
#9049
Processing
59.00
06/17/96
Luke / P
2.00
#9059
Processing
59.00
06/17/96
Linda / C
1.50
#9106
Clerical
34.00
07/29/96
Craig / P
0.35
#9498
Processing
59.00'
07/29/96
Luke / P
4.00
#9513
Processing
59.00
08/12/96
Luke / P
2.00
#9556
Processing
59.00
08/26/96
Lynn / C
1.00
#9726
Clerical
45.00
09/09/96
Lynn / C
0.25
#9861
Clerical
45.00
Page 1
AMOUNT TOTAL
59.00
17.00
14.75
14.75
88.50,
118.00
51.00
20.65
236.00
118.00
45.00
11.25
Date* -t'9/24/96
Time 9:59 am
Ab 0,
Development Services Department
Applicant Billing Worksheet
MUP 96-23 * :John & Toby Hale (continued)
TOTAL BILLABLE TIME CHARGES
Date/Slip# Description
08/29/96 Lynn / $C
#9667 Publish Legal Notice in Chico
Enterprise Record
TOTAL BILLABLE COSTS
TOTAL NEW CHARGES
PAYMENTS/REFUNDS/CREDITS
14.60
OTY/PRICE
1 41.40
41.40
06/04/96 Deposit - Receipt #15454 (1,000.00)
TOTAL PAYMENTS/REFUNDS/CREDITS
NEW BALANCE
New Current period
TOTAL - NEW BALANCE
11-5-96 at 4:30 p.m.
(164.70)
Page 2
$793.90
$41.40
$835.30
(1,000.00)
($164.70)
Telephone conversation with Ms. Hale. She said she received the claim form
but had not signed it because she was upset with how much the fees were and
that the application was denied. She said she spoke with Steve Lucas, Project
Planner, and that he suggested to her that she should write a letter to the
Director. She said she had not did that yet. I told her that I would then
speak with Steve Lucas and/or the Director and then get back with her.
Telephone conversation with Mr. Hale at 4:45 p.m., on November 5th. He was
extremely upset and very vocal. I could not get a word in after I introduced
myself and where I was calling -from. Mr. Hale was not nice and after he
explained his side of the process, he hung up.
This file is considered closed -with a refund due to the Hale's in the amount
of $164.70. No other attempts will be made. Should the Hale's come to the
Department and request their refund,. a claim form can then be prepared for
their signature.
Jill Droderson
e
September 25, 1996
•
ffutte Count
D OF N1 i URAL Y0/ - AND P_
DIRECTOR'S OFFICE
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
John & Toby Hale
5 Raintree Court
Chico, CA 95973
RE: Minor Use Permit, AP#047-330-050
File No. MUP 96-23
Dear Mr. & Mrs. Hale:
The total cost for the processing of the above -referenced project was $835.30. 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 $164.70.
Professional Planner $ 669.65
Clerical $ 124.25
Legal Notice Publishing in
Chico .Enterprise Record, 8-29-96 41.40
Total. $ 835.30
Deposit on June 4, 1996, Receipt No. 15454 $1,000.00
Refund Due $ 164.70
Should you have any. questions, please call Monday through Thursday, between 8:00
a.m. and 4:00 p.m.
Sincerely,
liapi Farrel
for of Development Services
WF:jb
Enclosure
S
CLAIMANT:
ADDRESS:
CITY & STATE:
DATE OF CLAIM:
COUNTY OF BUTTE
Oroville, California
GENERAL CLAIM
John & Toby Hale
5 Raintree Court
Chico, CA 95973
September 25, 1996
SIIRMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES
IMPORTANT.
SEE INSTRUCTIONS.
ON REVERSE SIDE
DATE T DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT
9-2596 Minor Use Permit, MUP W23 - REFUND DUE $164•
70
TOTAL $164.
76
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 [M or Specific 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 UNE - AUDITOR'S USE ONLY
DEPT. & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT.
..... .. .....
Suite count
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
September 12, 1996
John and Toby Hale
5 Raintree Court
Chico, CA 95973
Re: Minor Use Permit, AP 047-330-050, MUP 96-23
Dear Mr. and Mrs. Hale:
At the Butte County Planning Commission meeting held on September 12, 1996, regarding
your request for a Minor Use Permit to allow a second dwelling at 5 Raintree Court, Chico,
was denied.
Should you desire to appeal this decision you must do so, in writing, with the appeal fee
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, September 23, 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,
Craig Sanders
Senior Planner
CS:lr
k:%formsldenial.frm
r
Sa tte coun
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
August 21, 1996 FAX: (916) 538-7785
John and Toby Hale
5 Raintree Court
Chico, CA 95973
Re: Minor Use Permit, AP 047-330-050, MUP96-23
Dear Mr. and Mrs. Hale:
Enclosed is a copy of the Agenda Report concerning your application for a Minor Use
Permit to allow a second dwelling at 5 Raintree Court, Chico. 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 September 12, 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 Lucas of this
office at -538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday.
Very truly yours,
Stephen Lucas
Associate Planner
SL:lr
Enc.
cc: Evergreen Development
k:\forms\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, September 12, 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. - John and Toby Hale - Minor Use Permit to allow a permanent second
dwelling unit on property zoned SR -1 (Suburban Residential - 1 acre
minimum parcel size) located on the north side of Raintree Court,
approximately 400 feet east of Raintree Lane, at 5 Raintree Court, identified
as AP 047-330-050, Chico. (SL) (MUP96-23)
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
WILLIAM FARREL, DIRECTOR DEVELOPMENT SERVICE
To be published in the Chico Enterprise Record on Thursday, August 29, 1996.
J U N f 8 1996
BUTTE COUNTY
DEPARTMENT OEZEMBtOPMENTSERVICES Chico, Califomia
P,tCLNNING DIVISION
TO: Environmental Health Director: Gail Lawrence
FROM: William Farrel, Director Of Development Services,_
RE: Request for Comments on a Development Application;!;John, 8t Toby Hale, File # MUP 96-23 �":
DATE: June 17,1996 PLANNER: Steve Lucas~
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 MinorUse Permit fora second unit on property zoned SR -1
parcel) located on the north side of Raintree Court approximately 400 ft east of Raintree La
Chico area , identified as APNX047-330-050-" IWs within Supervisorial District No. 3.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON September 12. 1996.E _
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THANfiJuly 2 1996: IF NO COMMENTS OR
COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO UHA ISE NONE.
COMMENTS (Attach additional pages if necessary):
IIn
k:\forms\comment.frm 10-16-95 BKH. It
AUG W6
I'Oviite, s.�awfomia
Date: (�
7 County Center Drive
Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
Flood Map for
AP N 047-330-050
FP: 060017-095b
!I .
i
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II A
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!I
X
: JUL 8-96 THU 12.26 Eriv H= -a l loh—Ch i _.o 9168956512 F'.31
1*
----
OFF ICIAL•.-NOTIAE.
BUTTE COUNTY DEPARTMENT OF WEALTH
DIVISION OF ENVIRONMENTAL'HEALTH . * "// S7,!
7 COUNTY CENTER DRIVE 747 ELLI()TT ROAD '
OROVILLE. CALIFORNIA 95965 PARADISE, CALIFOHNIA 95969 CHICO, CALWC)RNIA 95926
Teiephone; (916) 538-7281 Telephone; (916) 872-6308 Telephone: (916) 691-2727
c. 17 4,qe nt'lme
C�'� �' S. 6r<• /� � t': din r ro _ o vP.O ?buSC { i4O rX � S/ "
J-_�. aa' ���r /' �� c �z.� � � � .1. �• ��� � c �e. �-� ou i �, I� I�nr t.�x. �.I.�,----- / ,
��/ii�1 rc. r»in��►,u.y,. !olG,C• � l r _ � maw �_
t --• - `d° ho or)GL__ �%)c�;r /GQ ' •f.�_�..:�.��::�.y D���rr'C Sri'•
TIME ALLOWED r DAYS bvf-ks fin« `real 6 y 1'�:�s;
REc,Elv�O COPY _--
x4!•270
Planning DivisiOn
BUTTE COUNTY JUN 2 a 146
DEPARTMENT OF DEVELOPMENT SERVICES ®rDvljj®, Cajjtornla
PLANNING DIVISION
TO: California Department of Forestry
FROM: William Farrel, Director Of Development Services
RE: Request for Comments on a Development Application: John & Toby Hale, File # MUP 96-23
DATE: June 17,1996 PLANNER: Steve Lucas
We have received an application for development of the below described property. We are reviewing the application for
completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date indicated below. Comments from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
call at 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a second unit on property zoned SR -I ( Suburban/Residential 1 acre
parcel) located on the north side of Raintree Court approximately 400 8. east of Raintree Lane at 5 Raintree Court, North
Chico area, identified as APN 047-330-050 . It is within Supervisorial District No. 3 .
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON September 12, 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 2,1996. IFNO COMMENTS OR
COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE.
COMMENTS (Attach additional pages if necessary):
Or "El _A_10MI
k:\forms\comment.frm 10-16-95 BKH. It
7 County Center Drive
Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
BUTTE COUNTY
STANDARD CONDITIONS FOR
MINOR USE PERMIT
APPLICANT: John & Toby Hale DATE: June 17,1996 PLANNER: Steve Lucas
AGENT: Evergreen Development DESCRIPTION: Minor Use Permit for a second unit.
PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE
FOLLOWING CHECKED CONDITIONS
H. FIRE PROTECTION
X1. Construction, installation or development of structures or facilities on the parcels/lots shall
comply with the latest California Fire Safe Regulations, (Public Resources Code 4290),
and all other applicable State and County codes, ordinances and regulations in effect at
the time of application for improvement permits.
y2. Building identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted at the beginning of building construction and
maintained continuously thereafter.
3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the
County Fire Warden.
4. In lieu of a pressurized water syste or water storage tank, payment of $200.00 per
created parcel into the Battalion _q water tend fund, is required prior to the issuance of a
building permit.
5. A pressurized community water system for fire protection is required. The specific
locations and fire flow requirements shall be in accordance with the Fire Department
specifications and to the satisfaction of the County Fire Warden. Average required hydrant
spacing _ feet, hydrant size _ inches, and residual fire flow gpm. Submit plans
to the Fire Department for review and approval prior to construction of facilities.
6. In lieu of hydrant installation, payment may be made into the hydrant fund at a
cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $
7. Prior to recordation of the Map or application for a building permit, the applicant shall pay
the then current fee for the West Chico Fire Station Fund.
_ 8. Provide an all weather access to all structures, which is designed to carry a 40,000 pound
fire apparatus at least 10 feet wide with a 15 foot vertical clearance.
Revised 9-11-95 BKH K:\standcon\mup
Planning Division
JUN 2 5 !y96
Ocrovine, camomia
■ Minor Use Permit Standard Conditions - Butte County ■
4
•
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: Public Works Director
FROM: William Farrel, Director Of Development Services
RE: Request for Comments on a Development Application: John & Toby Hale, File # MUP 96-23
DATE: June 17,1996 PLANNER: Steve Lucas
We have received an application for development of the below described property. We are reviewing the application for
completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date indicated below. Comments from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
call at 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a second unit on property zoned SR -1 ( Suburban/Residential 1 acre
parcel) located on the north side of Raintree Court approximately 400 ft. east of Raintree Lane at 5 Raintree Court, North
Chico area , identified as APN 047-330-050 . It is within Supervisorial District No. 3 .
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check.one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON September 12, 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 2, 1996. IFNO COMMENTS OR
COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHA IB NONE.
COMMENTS (Attach additional pages if necessary):
0
k:\forms\comment.fim 10-16-95 BKH. It
Date:
7 County Center Drive
Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
•
'AI01N3WdOl3A30 ONN1
31inS 30 aNf100
9661 9 1 N n r
II 0
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: Public Works Director
FROM: William Farrel, Director Of Development Services
RE: Request for Comments on a Development Application: John & Toby Hale, File # MUP 96-23
DATE: June 17,1996 PLANNER: Steve Lucas
We have received an application for development of the below described property. We are reviewing the application for
completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date - indicated below. Comments from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
call at 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a second unit on property zoned SR -1 ( Suburban/Residential 1 acre
parcel) located on the north side of Raintree Court approximately 400 ft. east of Raintree Lane at 5 Raintree Court, North
Chico area, identified as APN 047-330-050 . It is within Supervisorial District No. 3 .
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON September 12 , 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 2, 1996. IFNO COMMENTS OR
COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE.
COMMENTS (Attach additional pages if necessary):
By:
k:\forms\comment.frm 10- 16-95 BKH. It
Date: (a A S Z 4)
7 County Center Drive
Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
•
AIO 1N3Wd013A3Q 4NV7
31ins d0 UNno3
9661 9 1 Nnr
0
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: LAFCo
FROM: William Farrel, Director Of Development Services
RE: Request for Comments on a Development Application: John & Toby Hale, File # MUP 96-23
DATE: June 17,1996 PLANNER: Steve Lucas
We have received an application for development of the below described property. We are reviewing the application for
completeness and, if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date indicated below. Comments from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
call at 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a second unit on property zoned SR -1 ( Suburban/Residential 1 acre
parcel) located on the north side of Raintree Court approximately 400 ft. east of Raintree Lane at 5 Raintree Court, North
Chico area, identified as APN 047-330-050 . It is within Supervisorial District No. 3 .
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON September 12 , 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 2, 1996. IFNO COMMENTS OR
COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE.
COMMENTS (Attach additional pages if necessary):
0
k:\forms\comment.frm 10-16-95 BKH. It
@y C1iifornia
Date: C"
7 County Center Drive
Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
•
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: Ag Commission
FROM: William Farrel, Director Of Development Services
RE: Request for Comments on a Development Application: John & Toby Hale, File # MUP 96-23
DATE: June 17,1996 PLANNER: Steve Lucas
We have received an application for development of the below described property. We are reviewing the application for
completeness and, if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date indicated below. Comments ,from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
call at 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a second unit on. property zoned SR -1 ( Suburban/Residential 1 acre
parcel) located on the north side of Raintree Court approximately%00 ft. east of Raintree Lane at 5 Raintree Court, North
Chico area, identified as APN 047-330-050 . It is within Supervisorial District No. 3 .
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON September 12 , 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 2, 1996. IFNO COMMENTS OR
COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO U HA 1B NONE.
COMMENTS (Attach additional pages if necessary):
Planning Division
IU14 2 7
,r,,.,.,;►t� mia
By.'c� 4; PG�� Date:
k:\forms\comment.fim 10-16-95 BKH. It
7 County Center Drive
Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
4 �sv�ltagsto^�tt4 syrvlces
BUTTE COUNTY .111 I 1 1 1996 `�_
DEPARTMENT OF DEVELOPMENT SERV�CM
PLANNING DIVISIORT01 10' d a nla M
N
TO: Butte County Sheriff
FROM: William Farrel, Director Of Development Services
RE: Request for Comments on a Development Application: John & Toby Hale,
DATE: June 17,1996 PLANNER: Steve Lucas
,JUN 19 1996''
BUTSH �UNT�
We have received an application for development of the below described property. We are reviewing the application for
completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date indicated below. Comments from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
call at 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a second unit on property zoned SR -1 ( Suburban/Residential 1 acre
parcel) located on the north side of Raintree Court approximately 400 ft. east of Raintree Lane at 5 Raintree Court, North
Chico area , identified as APN 047-330-050 . It is within Supervisorial District No. 3 .
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON September 12 , 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 2,1996. IFNO COMMENTS OR
COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE.
u 101 Q Division
jut i 5 i996
rcwl e, califo.mia
k:\f6rms\comment.frrn 10-16-95 BKH. It
7 County Center Drive
Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: Development Services Director
FROM: William Farrel, Director Of Development Services
RE: Request for Comments on a Development Application: John & Toby Hale, File # MUP 96-23
DATE: June 17,1996 PLANNER: Steve Lucas
We have received an application for development of the below described property. We are reviewing the application for
completeness and, if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date indicated below. Comments from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
call at 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a second unit on property zoned SR -1 ( Suburban/Residential 1 acre
parcel) located on the north side of Raintree Court approximately 400 ft. east of Raintree Lane at 5 Raintree Court, North
Chico area, identified as APN 047-330-050 . It is within Supervisorial District No. 3 .
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON September 12 , 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 2, 1996. IFNO COMMENTS OR
COMMUNICATION ARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE.
COMMENTS (Attach additional Daees if necessarv):
0
k:\forms\comment.frm 10-16-95 BKH. It
planning Div16011
JUN 17 1996
Date:
61
7 County Center Drive
Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: ALUC
FROM: William Farrel, Director Of Development Services
RE: Request for Comments on a Development Application: John & Toby Hale, File # MUP 96-23
DATE: June 17,1996 PLANNER: Steve Lucas
We have received an application for development of the below described property. We are reviewing the application for
completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date indicated below. Comments from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
call at 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a second unit on property zoned SR -1 ( Suburban/Residential 1 acre
parcel) located on the north side of Raintree Court approximately 400 ft. east of Raintree Lane at 5 Raintree Court, North
Chico area, identified as APN 047-330-050 . It is within Supervisorial District No. 3 .
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON September 12, 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 2, 1996. IFNO COMMENTS OR
COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE.
COMMENTS (Attach additional pages if necessary):
By: Date:
k:\forms\comment.fnn 10-16-95 BKH. It
7 County Center Drive
Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
0 - a-,
ERROR: invalidrestore
OFFENDING COMMAND: restore
STACK:
PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED
CONDITIONS
E. BUILDING PERMITS
_ 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall
pay all applicable development fees. at the rate in effect at the time of acceptance of the
application. Such fees, shall include, but not be limited to: Park Fee, School Fee,
Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire
Protection Fees.
2. Prior to building permit issuance for a new commercial or industrial development, or
addition to an existing development, the applicant shall pay all applicable development
fees at the rate in effect at the time of acceptance of the application. Such fees shall
include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees,
Water and Sewer Service Fees, and Fire Protection Fees.
F. EXISTING STRUCTURES
Comply with the Uniform Building Code for property line clearances considering use, area
and fire -resistiveness of existing buildings.
2. Existing building(s) shall be made to comply with current Building and Zoning regulations
for the intended new use of the building(s) or the existing building(s) shall be demolished.
■ Minor Use Permit Standard Conditions - Butte County ■
2
C�
•
PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED
CONDITIONS
G. SECOND UNITS
1. The Second Unit may be attached to the primary residence or may be a separate, on-site
detached dwelling.
2. The attached second unit shall be architecturally compatible with the primary residence
and the appearance of the building shall be that of a single family dwelling.
The size of the attached second unit shall not exceed 640 square feet or 30% of the size of
the primary dwelling, whichever is greater, in no case shall the second unit exceed 1200
square feet. A detached second unit shall not exceed 1200 square feet.
4. The parcel or lot upon which the Second Unit is to be located must meet the minimum
acreage requirements for which the parcel or lot is zoned.
5. In addition to the off-street parking required for the primary dwelling, one off-street parking
space shall be provided for second units of 640 square feet or less; two additional off-
street parking spaces shall be provided for larger units.
6. An attached or detached garage or carport with a maximum exterior dimension of 12' by
20' is permitted for second units of 640 square feet or less. A garage or carport with a
maximum dimension of 20'x 24' is permitted for larger second units.
7. Adequate sewer and potable water facilities shall be provided as determined by the Butte
County Environmental Health Division.
8. A second unit may not be placed on a parcel or lot where a temporary mobile home, in
accordance with Section 24-295 and 24-295.20, has been approved or on a lot that has
more than one dwelling located upon it.
9. Either the existing single family dwelling or the second unit shall be owner occupied.
Verification 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.
■ Minor Use Permit Standard Conditions - Butte County ■
3
• 0
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO:
FROM: William Farrel, Director Of Development Services
RE: Request for Comments on a Development Application: John & Toby Hale, File # MUP 96-23
DATE: June 17,1996 PLANNER: Steve Lucas
We have received an application for development of the below described property. We are reviewing the application for
completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days
of its submittal it should be heard at the estimated hearing date indicated below. Comments from your
department/division/agency regarding completeness of the application and/or possible conditions of approval are requested.
Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a
call at 538-7601. Thank you in advance for your time and efforts.
This is an application for Minor Use Permit for a second unit on property zoned SR -I ( Suburban/Residential 1 acre
parcel) ocated on the north side of Raintree Court approximately 400 ft. east of Raintree Lane at 5 Raintree Court, North
Chico area , identified as APN 047-330-050 . It is within Supervisorial District No. 3 .
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE
ON September 12 , 1996.
YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 2, 1996. IFNO COMMENTS OR
COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE.
COMMENTS (Attach additional pages if necessary):
By: Date:
k:\focros\comment.frm 10-16-95 BKH. It
7 County Center Drive
Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
LEAD IN SHEET
FILE NO: MUP 96-23
APPLICANT•. John & Toby Hale 5 Raintree Ct. Chico, 'CA 95973
NAME ADDRESS
OWNER: Same
NAME ADDRESS
REPRESENTATIVE: Fvergreen..Development Box 953 Forest Ranch, CA 95942
NAME ADDRESS
REQUEST: Minor lUse • Permit- For is _gc0po UNrT
AP#
047-330-050 t;
SIZE: 3 AC
LOCATION:
E
SUPERVISORAL DISTRICT # 3
r 400 �rl-
EXISTING ZONING:
ZONING HISTORY: �_ �¢ 7 3 9
SURROUNDING ZONING:
SURROUNDING LAND USE:
SITE HISTORY:
GENERAL PLAN DESIGNATION: A" S
APPLICABLE REGULATIONS:
k:leadinsheet -
mj�, e 0, C-, .-
APPLICATION•
DATE: JUN
61
DISTRIBUTION LIST
County Offices and Cities:
Chief Administrative Officer /X Develop. Services Director
Jj_ Environmental Health Director
_ Sheriff BCAG
V – _ LAFCo — APCD
— Biggs — Gridley
Oroville — Paradise
Irrigation District:
_ Butte Water
_ OWID _
Table Mountain Irrigation
Domestic Water
_ Butte Water District —
OWID
Sewer
_ Butte Water District _
Skansen Subdivision (CSA 21)
Protection
California Department of Forestry —
Recreation Districts —
,/,Recreation
Area Recreation
Paradise Recreation & Park
Ax tilities
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 —
Biggs/W. Gridley Water
Paradise Irrigation
Thennalito Irrigation
California Water Service Co.
Thermalito Irrigation District —
Themalito Irrigation —
LO.A. PUD
El Medio Fire Protection District
G� z3
Public Worcs Director
Building Manager
ALUC
Butte Co. Farm Bureau
Chico
Chico Airport Commission
Agricultural Commission
Durham Irrigation
Richvale Irrigation
Other
Del Oro Water Co.
Other
Sterling City Sewer Main
Durham Area Recreation — Feather River Rec. & Park
Richvale Recreation & Parks
Chambers Cable TV _ Pacific Bell
Viacom Cable TV
Dept of Water Resources — Dept of Fish and Game
Dept of Parks and Rec. — Highway Patrol
Off. of Mining Reclamation — Ol£ of Governmental & Env. Relations
US Bureau of Land Management
Community Association — Mosq. Abatement Oroville/Butte Co
Butte Env.l Council — Paradise Pines Com
Cal Native Plant Society
Planning Division
JUN 1 7 1996
Orodiiie, Camomla
When recorded mail to:
Butte County Planning Division
7 County Center Drive
Oroville CA 95965
Property Owner
h n °',� T
OWNERS AFFIDAVIT
SECOND DWELLING UNIT
a le
Owner's Address ��li��/'I ahIC04 Pp 7.s9z�
Property Address ,(:;- �Q l ii } tied �-T • !1 ��C�� (2C&
Assessor's Parcel # 0 T—,'30 —C)SO— Elinor Use Permit #.
Pr perty Description Attached as Exhibit W
1�Q , owner of the above described property, do declare, that either the
ri airydwellin 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 (0 day of 199 ( , at , California.
MM
4 &L
ig ed
STATE OF CALIFORNIA
COUNTY OF BUTTE
On CRO before me, 6 personally appeared
f
o personally known to me - OR - 14 proved to me on the basis of satisfactory
evidence to be the perdorowhose name O subscribed to the within instrument and acknowledged to me that Jawqqhetthey
executed the same in*64w/their authorized capacity es , and that by hiry�their signature® on the instrument the persorifi 1,
or the entity upon behalf of which the person& acted, executed the instrument.
JESSICA D. TIPTON
Commission #1072804 Z
Notary Public — California
° Butte County
My Comm. Expires Sep 24.1999
a
nningg Division
JUN ^-4 inn
Orovi►;o-, Cal vii aa
•
PERMANENT SECOND UNIT
0
ANNUAL VERIFICATION 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
of the real property located at
identified as Assessors Parcel Number
as owner(s)
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.
J. . &-'91A
wner Signature
,j6bq, J Pi 1)
Owner Si na ure
Planning Division
JUN n 4 1996
Oroville, Calitorrna
OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
Cil
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RECEIPT 15454
ISSUED BY
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RECEIPT
NO.
TOTAL
RECEIVED
'PUBLIC
WORKS
LAFCO
USE
PERMITS
VARIANCES
PUBLIC
DOCUMENTS
',ZONING
ENV
KEALTR
OTHER
^ APPLICANT
RECEIVED FROM
OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
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RECEIPT 15454
ISSUED BY
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RECEIPT
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ygRIANC ES
IU DL.-
DOCUMENTS
ZONIN(:
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APPLICANT
RECEIVED FROM
•
RECEIPT 15 4
OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
ISSUED BY
S(
JOHN HALE 11-8079/3210 15 7
TOBY ANDERSON HALE 4308157288
5 RAINTREE CT. 916-894-2420 /y
CHICO, CA 95973Mile
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GREAT WESTERN BANte'"
.- .�. A FaOerel $aNngf Bank
200 BROADWAY
CHICO,' CA 95928
1.800-STATUS•S -
432L0807961: 4 8L572B8119 L�07
Pianningpivision
JUN 0 4-1996
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NO. REC F_IV ED WORKS
•
•
OFFICIAL CEIPT
COU�y�
BUTTE
\STATIFORNIf>�LFFIANNING
RECEIIT 15402
ISSUED BY
JOHN HALE
TOBY ANDERSON HALE 11-8079 1507
43081577288288
5ECT. 916-894-2420 l
CHICOICO, CCA 95973
htr to IIIc•
sla
GREAT WESTERN BANK A
A FeOerel 98Nnpa Renk
1-8 BROADWAY
CHICO, CA 95928
il: 3 2 1080 7964 4 308 1 5 7 28811' 1, 07
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RECEIVED FROM
OFFICIAL CEIPT
COU�y�
BUTTE
\STATIFORNIf>�LFFIANNING
RECEIIT 15402
ISSUED BY
JOHN HALE
TOBY ANDERSON HALE 11-8079 1507
43081577288288
5ECT. 916-894-2420 l
CHICOICO, CCA 95973
htr to IIIc•
sla
GREAT WESTERN BANK A
A FeOerel 98Nnpa Renk
1-8 BROADWAY
CHICO, CA 95928
il: 3 2 1080 7964 4 308 1 5 7 28811' 1, 07
0
COUNTY OF BUTTE
ENVIRONMENTAL INFORMATION FORM
(To be Completed By Project Applicant)
Date Filed s� 9
General Information: 1
1. Name and address of owner, and/or developer, nd1 i Iojegsponsor: �Oh11 aid ro. /late
201f4ree �ouri j �, i n 0Ilfarn►'a
2. Address of project tRcc�n C-i'e� C�oylt (?,hico, CaVc' oig
Assessor's Parcel Number n 4 lam` 0- Q� — co
3. Name, dress, aid to ept'oneornber of person to be contacted concerning this project:
4. List and describe any other related permits and other public approvals re uired for this project, including
those required by pq, regional, state and federal agencies: Q9n1O UI�n /YYk97izt�
rawihle I' tri an Ti cP h
5. Ebsting general plan designation:
6. Existing zoning district: S l6C
7. How is land currently used? Rr4jer)'ha.l wt4h 3mn/l Mhatd
8. Proposed use of site (Project for which this form is filed): oC Wroom» , f6W/ 'e
Project Description:
9. Site size: I /3 GcTCS (Acres/Sq. Feet) .
10. Off-street parking spaces: Full size: Compact: Total:
11. Plans attach - YPs No
12. Proposed development schedule �o be CofmOJ �y Su67n[Mer ' 1946
13. Associated projects
14. Anticipated incremental or phased development
Planning Division
J!im n 4 1996
O Butte County Department of Development Services O Planning Division O
1 OrOville, California
Attach description of project containing the following information:
15. If residential, include the number -of units, schedule of unit sizes, range of sale prices or rents, and type of
household size expected.
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales
area and loading facilities.
17. If industrial, indicate type, estimated employment per shift, and loading facilities.
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading
facilities, and community benefits to be derived from the project.
19. If the project involves a variance, conditional use, rezoning application, or any development permits, state
this and indicate clearly why the application is required. -If permits have already been issued, please attach
as Exhibit
Are the following items applicable to the project or its effects? Discuss below all items
checked yes (attach additional sheets as necessary).
YES
20. Change in existing features of any hills, buttes, canyons
or substantial alteration of ground contours.
21. Change in scenic views or vistas from existing residential
areas or public lands or roads. _
22. Change in pattern or character of general area of project.
23. Significant amounts of solid waste or litter. _
24. Change in dust, ash, smoke, fumes or odors in vicinity. _
25. Change in bay, lake, river, stream or ground water quality
or quantity, or alteration of existing drainage patterns. _
26. Substantial change in existing noise or.vibration levels
in the vicinity. _
27. Site on filled land or on slopes of 10 percent or more. _
28. Use of, or disposal of potentially hazardous materials,
such as toxic substances, flammable or explosives. _
29. Substantial change in demand for municipal services
(police, fire, water, sewage, etc. including special districts).
30. Substantially increase fossil fuel consumption
(electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects. _
Ime
X_
X
X_
O Butte County Department of Development Services O Planning Division O
2
Environmental Setting: (Attach brief description)
32. Describe the projectsite as it exists before the project, including information on topography, soil stability,
plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the
site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be
accepted.
33. Describe the surrounding properties, including information on plants and animals and any cultural,
historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land
use (one -family, apartment houses., shops, department stores, -etc.), and scale of development (height,
frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be
accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and information
required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented
are true and correct to the best of my knowledge and belief.
Date
611 /
6
for U_I�J6
K:\FORMS\EW-INFO
O Butte County Department of Development Services O Planning Division O
3
AGENDA REPORT
TO: Honorable Chair and Planning Commission
FROM: Stephen Lucas, Associate Planner
DATE: July 30, 1996
REQUEST: File # MUP 96-23 - John & Toby Hale (Owners/Applicants), APN 047-330-050: A request
for a Minor Use. Permit for a permanent second dwelling unit under the provisions of Butte
County Code Section 24-280. The property is zoned SR -1 (Suburban Residential 1 acre
minimum parcel size), and is located on the north side of Raintree Court approbmately 400
ft. east of Raintree Lane, at 5 Raintree Court, in the Chico area. This project is located in
Supervisorial District 3.
RELATED
ITEMS: None.
FOR: Planning Commission Hearing for September 12, 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. The application may meet the requirements of Section 24-280 of the Zoning Code.
Staff is concerned that due to factors related to septic system adequacy, which will ultimately be resolved by the
Environmental Health Division, and flood zone impacts, this application may not present an acceptable project. A
recommendation for denial is presented based on these concerns. Approval of the application would require
assurances that the concerns can be effectively mitigated.
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 size of the project parcel is 1.3_ 3 acres and is
zoned SRR --1®. The Land Use Element Map of the Butte County General Plan designates the property as Agricultural -
Residential. A 2,500 sq. ft. conventionally built house, a garage and a small orchard are located on the property.
Domestic water for the residence is obtained from a private well and an on-site septic tank and leachfield system
handles sewage disposal for the dwelling unit. Surrounding developed parcels to the east, south & west are zoned
8R-1 and have a General Plan designation of Agricultural -Residential and range in size from 1 to 5 acres.
Surrounding land use to the north is undeveloped and zoned U (Unclassified). The parcel is also bordered on the
north by Rock and is located within the 100 year flood plain as indicated on Flood Insurance Rate Map.
ANALYSIS: This project will allow a 1,200 sq. ft., two story, two bedroom home as a permanent second dwelling unit.
The 1.33 acre parcel size is in excess of the one acre minimum parcel size required by the SR -1 zone. The proposed
location of the second dwelling is outside of the, required setbacks for the SR -1 zone. There is adequate space for
two off-street parking spaces for the second dwelling unit. New vehicle traffic generated by the second dwelling unit
will be minimal and will not have an impact on the roads in the project area. The proposed permanent second
dwelling unit will have access to .Raintree Court via the ebsting driveway. There are three significant concerns
associated with this request; development in a flood zone; adequacy of sewage disposal system; and an increase in
residential density on the lot.
Sewage Disposal System
The applicant proposes to utilize a septic tank leachfield system for the second unit. Comments received from the
Environmental Health Division (EHD) indicate that a septic system must be installed under permit and inspection from
the EHD. The EHD has concerns as to the availability for a 100% replacement area on the lot when the second unit
is constructed. Indications are that the 1.33 acre parcel may not be of sufficient size when combined with other
factors such well setbacks, property line setbacks and setbacks from Rock Creek, to allow for a leachfield
replacement area. The EHD has also commented that the well on the parcel may require a yield test to determine
if sufficient domestic water is available for the second unit. Ultimately, the EHD will decide whether or not to issue a
sewage diposal permit for the second unit.
■ Butte County Department of Development Services ■
Flood Zone
The subject property in located adjacent to Rock Creek and entirely within Flood Zone A of the watercourse as
indicated on the Flood Insurance Rate Map panel 95B. No base flood elevations have been determined for this zone
and a condition of approval would require the applicant to establish 100 year floodplain elevations and the lowest floor
elevations for any structures. Although being in the flood zone does not automatically preclude the development of
a second unit, it is does present an issue of suitability of this parcel for increased residential density. The Commission
recently denied File # MUP 96-12 for Agustin Carrillo based on flooding concerns and this decision was upheld by the
Board of Supervisors. If the application is approved, a condition is added that states, "The applicant, prior to issuance
of building permits, to establish 100 year elevations and the lowest floor elevations for any structures and show on the
site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and
a temporary benchmark on-site
Density Increase
The parcel is 1.33 acres in size and is in the SR -1 zone which dictates a one acre minimum parcel size. The second
unit would increase the density on the parcel to one dwelling per .66 acres. The Commission has indicated that
second units that increase the density of the zone may not be appropriate and are incompatible with surrounding land
uses. Staff review of the site found an area of larger homes on significantly landscaped parcels. The location of this
second unit is substantially screened from view by vegetation and is unlikely to create any visual impact to surrounding
properties. The applicant has indicated that he has personally spoken to neighbors and received verbal
acknowledgments that they are not opposed. To date, staff has not received any verbal or written objections to the
request.
Other concerns
The California Department of Forestry has will require that all new structures comply with the California Fire Safe
Regulations, be properly identified pursuant to PRC 4290, and that the a $200.00 payment be made to the Battalion
4 water tender fund.
Butte County Code Section 24-41 addresses the required findings for approval of a Minor Use Permit. There are sic
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 conventionally -built house and
the permanent second dwelling unit will be a conventionally built home. The two dwelling units will be in
harmony with each other because the main dwelling unit is larger and the second dwelling unit will be clearly
subordinate. The coverage and density of the project parcel will increase due to the addition of permanent
second dwelling unit. However, the increase will be minor due to the relatively large size of the project parcel.
C2. The availability of public facilities, services and utilities - Telephone and electrical services already extend to
the project parcel. The parcel is presently utilizing a septic system and well and the second unit will utilize
the same well and install an independent septic system. As mentioned a ove t�sewage..disposal_Wem
and well may not be adequ tie to sup op rt a second unit• The nearest fire station (#41) is located
approiamately 2 miles west of the project site.
3. The harmful effect, if any, upon desirable neighborhood character - Most of the dwelling units in the project
area are larger conventionally -built homes. The permanent second dwelling unit will be a 1,200 sq. ft. , 2
story conventionally built home. The second unit will be the same character as the dwelling unit on the project
site and with the other dwelling units in the project area, but must be permitted as per State law.
4. The generation of traffic and the capacity and physical character of surrounding streets- The second dwelling
.unit will add approximately 10 additional vehicle trips to the roads in the project area. Keefer Road and
Raintree Court are both operating at a level of service of C or better. This level of service on these roads will
not decrease due the additional vehicle traffic generated by the second dwelling unit. The intersection of
■ Butte County Department of Development Services ■
2
Keefer Road and SR 99, is not signalized at this time, but is planned for signal in the future and will not be
significantly impacted by this project.
5. The suitability of the site for the type and intensity of use or development which is proposed - There is
sufficient room on the project site for the permanent second dwelling unit and for a second septic system,
however, as discussed above, the parcel is in a flood zone.
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. 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, but it may be detrimental to the health, safety, and welfare of the intended
occupants due to the location of the unit within a flood zone and the possibility that a septic system may become
problematic.
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 deny the Minor Use Permit for John & Toby
Hale on APN 047-330-050, File # MUP 96-23. Should the Commission find that the development of the second unit
is appropriate, staff has included the following findings and conditions listed in Exhibit A.
Exhibits: A. Conditions of Approval
Attachments: A. Vicinity Map
B. Site Plan
Reviewed and 6pproved by:
of DevelopFnent Services
k:VrojmU\hale. muplpc. rpt
■ Butte County Department of Development Services n
3
EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY -PLANNING COMMISSION
DATE: (Certified Mail Receipt)
MUP 96-23.
PERMIT NO.
047-330-050
ASSESSOR'S PARCEL NUMBER
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below:
John & Toby Hale are hereby granted a Minor Use Permit in accordance with the application filed June 4, 1996 to
allow a permanent second dwelling unit on property zoned SR -1, located at'5 Raintree Court, Chico.
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 12 months of the delivery of the countersigned permit to the Permittee.
3. If any use for which a Minor Use Permit has been granted is not established within one year of the date
of receipt of the countersigned, permit by the permittee, the permit shall become null and void and
reapplication 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 permanent 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 ■
4
1. Harmony in scale, bulk, coverage and density;
2. The availability of public facilities, services and utilities;
3,.t 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 John and
Toby Hale on APN 047-330-050 to allow a permanent second dwelling 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. !WOW 1001/ Rf9I,4C6-v Ir- 4fzcA.
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. Construction, installation or development of structures or facilities on the parcels/lots shall
comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and
all other applicable State and County codes, ordinances and regulations in effect at the time
of application for improvement permits.
8. Building identification and/or addresses shall be installed in conformance with Public
■ Butte County Department of Development Services ■
5
AV l wo r fA f �^�Z✓1�.
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 into the
Battalion 4 water tender fund, is required prior to issuance of building permits.
10. Prior to issuance of building permits establish 100 year elevations and the lowest floor
elevations for any structures. Show on the site plan map for building permits the elevations
(by contours) and the location of an accepted NVGD benchmark and a temporary
benchmark on-site.
11. Applicant shall comply with all other applicable federal, state and local regulations.
NOTE:
of federal, state, and local law.
Butte County Planning Commission Chairman
cc: Land Development Division
Building Division
Environmental Health Division
California Department of Forestry
■ Butte County Department of Development Services ■
I Vicinity Map I
Project Location
IW 11111, llllllq�
MUP 96-23
AP#047-330-050
HALE
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A-5
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Project Location
BUTTE COUNTY PLANNING COMMISSION
Applicant: John & Toby Hale Owner: Same
Hearing Date:. SEPT. 12J 17?6 @ 9%00Aw Existing Zone: SR -1 (Suburban Residential, 1 acre min.) N
Request: Minor Use Permit to allow a second dwelling. No Scale
Assessor Parcel No: 047-330-050 File: 96-23
SEP. -11' 96 (WED) 08:54 MID. VALLEY. TITLE. .
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TEL:916 893 1853
P. 005
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M BY THESE PRESElns. Mads and executed this /2thDq of
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. ''?- .:' �,:�•a�tiY_;! 1977 '
WHEREAS. the undersigned. are the omen of all of the let&.
comprising that certain tract of land situate in the eomty of Suttee
State of callfornia, and designated on the amp entitled CM ACRES
A SUBDIVISION. which map was 113ed to the office of the Recorder bf
Butte County, State of.Callfornii. an the M Smy of March .1977,
in Book 56 of Naps Pages 25 std 26 •
YRERBAS. sale owners intend to, and are about to begin the Bole,
diapositloo.or conveyance of the mmjoritys if not all of said lotso
and propose to subject the lots to certain pvoceetire cove onto, eanditioss
and restrictions to the benefit and enjoyment of all purchases.
NOW THEREPORE, Said owners have areeld on, and met forth. -EM
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SEP. -11' 96 (WED) 08:55 MID. GALLEY. TITLE.. TEL:916 893 1853 P-0017
7. OYMSIn AMWITIES
No obnoxious or offensive activities shall be permitted upon aej lot* nor
shall anytbing or any act be doneg permitted or committed opop �y•locry�;;
which may be or tight became an annoyance to other lot mwners'oP tb.*. division.
a. rEMERAXT STRUCTURES
No atrwctvres of teaperary nature or any trailer. tent. barn. garage, basement
or.aback shall be used on any lot at any time as s residence, elther ceiperary
or permenaet; and during construction only. materials and tools sy be -scored
In a movable shed suitable for such purpose. One temperary toilet will be
permitted during the period of construction. once construction 1s started, it
shall be diligently followed to completion within a reasonable t not to
exceed 12 months. Should construction atop for a period of 60 diys.'the"'
temperary buildinge shall be removed:
9. SICNS
no sign of any kind shall be displayed to public view an any lot:,except•ons
professional sign to be not larger than twelve inches square (186 Sq. In.):
and one "for sale" sign not larger than 2.5 Sq. Pt.
10. GRE OF USEMEM
An Owners of the late shall, ac their awn expense. keep up and beautify
any easement property through their lots. Each owner shall be responsible
responsible for keeping the drainage areas along their property bousdrles
open and clear. RM:. These areas and easements are shown on t6 subdivision
Mg.
11. MnOLLUM 9I2E MM LOT SM
Each dwelling shall have a minimum square footage of am thousand six bundred
(1.600 sq. rt.) not including the garages$ porchess carports, breezewyt..
overhangs. etc. Each of lata are caw approximately ens acre in Oise, NO
no further division of the Iota is permitted. a
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08:57, MID. VALLEY. TITLE..
TEL:916 893 1853
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STATE OF CAUMMIA
COUNTY or Butts
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STATE OF CAUMMIA
COUNTY or Butts
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a, April it, 19771•a.•4vk In M�d (w am
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Nam Clark
And Dou61�s C- TmRoff
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OFFICIAL SEAL
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AGENDA REPORT
TO: Honorable Chair and Planning Commission
FROM: Stephen Lucas, Associate Planner
DATE: July 30,1996
REQUEST: File # MUP 96-23 - John & Toby Hale (Owners/Applicants), APN 047-030-050: A request
for a Minor Use Permit for a permanent second dwelling unit under the provisions of Butte
County Code Section 24-280. The property is zoned SR -1 (Suburban Residential 1 acre
minimum parcel size), and is located on the north side of Raintree Courtapproximately 400
ft. east of Raintree Lane, at 5 Raintree Court, in the Chico area. This project is located in
Supervisorial District 3.
RELATED
ITEMS: None.
FOR: Planning Commission Hearing for September 12, 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. The application may meet the requirements of Section 24-280 of the Zoning Code.
Staff is concerned that due to factors related to septic system adequacy, which will ultimately be resolved by the
Environmental Health Division, and flood zone impacts, this application may not present an acceptable project. A
recommendation for denial is presented based on these concerns. Approval of the application would require
assurances that the concerns can be effectively mitigated.
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 size of the project parcel is 1.33 acres and is
zoned SR -1. The Land Use Element Map of the Butte County General Plan designates the property as Agricultural -
Residential. A 2,500 sq. ft. conventionally built house, a garage and a small orchard are located on the property.
Domestic water for the residence is obtained from a private well and an on-site septic tank and leachfield system
handles sewage disposal for the dwelling unit. Surrounding developed parcels to the east, south & west are zoned
SR -1 and have a General Plan designation of Agricultural -Residential and range in size from 1 to 5 acres.
Surrounding land use to the north is undeveloped and zoned U (Unclassified). The parcel is also bordered on the
north by Rock Creek and is located within the 100 year flood plain as indicated on Flood Insurance Rate Map.
ANALYSIS: This project will allow a 1200 sq. ft., two story, two bedroom home as a permanent second dwelling unit.
The 1.33 acre parcel size is in excess of the one acre minimum parcel size required by the SR -1 zone. The proposed
location of the second dwelling is outside of the required setbacks for the SR -1 zone. There is adequate space for
two off-street parking spaces for the second dwelling unit. New vehicle traffic generated by the second dwelling unit
will be minimal and will not have an impact on the roads in the project area. The proposed permanent second
dwelling unit will have access to Raintree Court via the existing driveway. There are three significant concerns
associated with this request; development in a flood zone; adequacy of sewage disposal system; and an increase in
residential density on the lot.
Sewage Disposal System
The applicant proposes to utilize a septic tank leachfield system for the second unit. Comments received from the
Environmental Health Division (EHD) indicate that a septic system must be installed under permit and inspection from
the EHD. The EHD has concerns as to the availability for a 100% replacement area on the lot when the second unit
is constructed. Indications are that the 1.33 acre parcel may not be of sufficient size when combined with other
factors such well setbacks, property line setbacks and setbacks from Rock Creek, to allow for a leachfield
replacement area. The EHD has also commented that the well on the parcel may require a yield test to determine
if sufficient domestic water is available for the second unit. Ultimately, the EHD will decide whether or not to issue a
sewage diposal permit for the second unit.
■ Butte County Department of Development Services ■
Flood Zone
The subject property in located adjacent to Rock Creek and entirely within Flood Zone A of the watercourse as
indicated on the Flood Insurance Rate Map panel 95B. No base flood elevations have been determined for this zone
and a condition of approval would require the applicant to establish 100 year floodplain elevations and the lowest floor
elevations for any structures. Although being in the flood zone does not automatically preclude the development of
a second unit, it is does present an issue of suitability of this parcel for increased residential density. The Commission
recently denied File # MUP 96-12 for Agustin Carrillo based on flooding concerns and this decision was upheld by the
Board of Supervisors. If the application is approved, a condition is added that states, 'The applicant, prior to issuance
of building permits, to establish 100 year elevations and the lowest floor elevations for any structures and show on the
site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and
a temporary benchmark on-site."
Density Increase
The parcel is 1.33 acres in size and is in the SR -1 zone which dictates a one acre minimum parcel size. The second
unit would increase the density on the parcel to one dwelling per .66 acres. The Commission has indicated that
second units that increase the density of the zone may not be appropriate and are incompatible with surrounding land
uses. Staff review of the site found an area of larger homes on significantly landscaped parcels. The location of this
second unit is substantially screened from view by vegetation and is unlikely to create any visual impact to surrounding
properties. The applicant has indicated that he has personally spoken to neighbors and received verbal
acknowledgments that they are not opposed. To date, staff has not received any verbal or written objections to the
request.
Other concerns
The California Department of Forestry has will require that all new structures comply with the California Fire Safe
Regulations, be properly identified pursuant to PRC 4290, and that the a $200.00 payment be made to the Battalion
4 water tender fund.
Butte County Code Section 24-41 addresses the required findings for approval of a Minor Use Permit. There are sic
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 conventionally -built house and
the permanent second dwelling unit will be a conventionally built home. The two dwelling units will be in
harmony with each other because the main dwelling unit is larger and the second dwelling unit will be clearly
subordinate. The coverage and density of the project parcel will increase due to the addition of permanent
second dwelling unit. However, the increase will be minor due to the relatively large size of the project parcel.
2. The availability of public facilities, services and utilities - Telephone and electrical services already extend to
the project parcel. The parcel is presently utilizing a septic system and well and the second unit will utilize
the same well and install an independent septic system. As mentioned above, the sewage disposal system
and well may not be adequate to support a second unit. The nearest fire station (#41) is located
approximately 2 miles west of the project site. ,
3. The harmful effect, if any, upon desirable neighborhood character - Most of the dwelling units in the project
area are larger conventionally -built homes. The permanent. second dwelling unit will be a 1,200 sq. ft. , 2
story conventionally built home. The second unit will be the same character as the dwelling unit on the project
site and with the other dwelling units in the project area, but must be permitted as per State law.
4. The generation of traffic and the capacity and physical character of surrounding streets - The second dwelling
unit will add approximately 10 additional vehicle trips to the roads in the project area. Keefer Road and
Raintree Court are both operating at a level of service of C or better. This level of service on these roads will
not decrease due the additional vehicle traffic generated by the second dwelling unit. The intersection of
■ Butte County Department of Development Services ■
2
Keefer Road and SR 99, is not signalized at this time, but is planned for signal in the future and will not be
significantly impacted by this project.
5. The suitability of the site for the .type and intensity of use or development which is proposed - There is
sufficient room on the project site for the permanent second dwelling unit and for a second septic system,
however, as discussed above, the parcel is in a flood zone.
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. 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, but it may be detrimental to the health, safety, and welfare of the intended
.occupants due to the location of the unit within a flood zone and the possibility that a septic system may become
problematic.
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 deny the Minor Use Permit for John & Toby
Hale on APN 047-330-050, File # MUP 96-23. Should the Commission find that the development of the second unit
is appropriate, staff has included the following findings and conditions listed in Exhibit A.
Exhibits: A. Conditions of Approval
Attachments: A. Vicinity Map
B. Site Plan -
Reviewed and 6pproved by:
of Develophient Services
kApmjects\hale.mup\pc.rpt
■ Butte County Department of Development Services ■
3
EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Receipt)
MUP 96-23 .
PERMIT NO.
047-330.-050
ASSESSOR'S PARCEL NUMBER
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below:
John & Toby Hale are hereby granted a Minor Use Permit in accordance with the application filed June 4, 1996 to
allow a permanent second dwelling unit on property. zoned SR -1, located at 5 Raintree Court, Chico.
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 12 months of the delivery of the countersigned permit to the Permittee.
3. If any use for which a Minor Use Permit has been granted is not established within one year of the date
of receipt of the countersigned permit by the permittee, the permit shall become null and void and
reapplication 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,.siuccessors, and assigns of the Permittee.
FINDINGS:
Section 1: Environmental Findings.
A. This application for a Minor Use Permit to allow a .permanent 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 ■
4
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 John and
Toby Hale on APN 047-330-050 to allow a permanent second dwelling 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. Construction, installation or development of structures or facilities on the parcels/lots shall
comply with the latest California Fre 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.
.8. Building identification and/or addresses shall be installed in conformance with Public
■ Butte County Department of Development Services ■
5
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 into the
Battalion 4 water tender fund, is required prior to issuance of building permits.
10. Prior to issuance of building permits establish 100 year elevations and the lowest floor
elevations for any structures. Show on the site plan map for building permits the elevations
(by contours) and the location of an accepted NVGD benchmark and a temporary
benchmark on-site.
11. Applicant shall comply with all other applicable federal, state and local 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 ■
Vicinity Map I
Project Location
MUP 96-23
AP#047-330-050
HALE
Project Location
BUTTE COUNTY PLANNING COMMISSION
Applicant: John & Toby Hale I Owner: Same I
I Hearing Date: SEPT. 12—,1174o @ 9100AN I Existing Zone: SR -1 (Suburban Residential, l ,acre min.)
Request: Minor Use Permit to allow a second dwelling.
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REVISED: 2-95
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, September 12, 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. - John and Toby Hale - Minor Use Permit to allow a permanent second
dwelling unit on property zoned SR -1 (Suburban Residential - 1 acre
minimum parcel size) located on the north side of Raintree Court,
approximately 400 feet east of Raintree Lane, at 5 Raintree Court, identified
as AP 047-330-050, Chico. (SL) (MUP96-23)
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
WILLIAM FARREL, DIRECTOR DEVELOPMENT SERVICE
To be published in -the Chico Enterprise Record on Thursday, August 29, 1996.
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that public hearings will
be held on Thursday, September 12, 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. - John and Toby Hale - Minor Use Permit to allow a permanent second
dwelling unit on property zoned SR -1 (Suburban Residential - 1 acre
minimum parcel size) located on the north side of Raintree Court,
approximately 400 feet east of Raintree Lane, at 5 Raintree Court, identified
as AP 047-330-050, Chico. (SL) (MUP96-23)
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
WILLIAM FARREL, DIRECTOR DEVELOPMENT SERVICE
To be published in the Chico Enterprise Record on Thursday, August 29, 1996.
AGENDA REPORT
TO: Honorable Chair and Planning Commission
FROM: Stephen Lucas, Associate Planner
DATE: July 30, 1996
REQUEST: File ft MUP 96-23 - John & Toby Hale (OwnerstAaalicants), APN 047-330-050: A request
for a Minor Use Permit for a permanent second dwelling unit under the provisions of Butte
County Code Section 24-280. The property is zoned SR -1 (Suburban Residential 1 acre
minimum parcel size), and is located on the north side of Raintree Court approximately 400
ft. east of Raintree Lane, at 5 Raintree Court, in the Chico area. This project is located in
Supervisorial District 3.
RELATED
ITEMS: None.
FOR: Planning Commission Hearing for September 12 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. The application may meet the requirements of Section 24-280 of the Zoning Code.
Staff is concerned that due to factors related to septic system adequacy, which will ultimately be resolved by the
Environmental Health Division, and flood zone impacts, this application may not present an acceptable project. A
recommendation for denial is presented based on these concerns. Approval of the application would require
assurances that the concerns can be effectively mitigated.
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 size of the project parcel is 1.33 acres and is
zoned SR -1. The Land Use Element Map of the Butte County General Plan designates the property as Agricultural -
Residential. A 2,500 sq. % conventionally built house,'a garage and a small orchard are located on the property.
Domestic water for the residence is obtained from a private well and an on-site septic tank and leachfield system
handles sewage disposal for the dwelling unit. Surrounding developed parcels to the east, south & west are zoned
SR -1 and have a General Plan designation of Agricultural -Residential and range in size from 1 to 5 acres.
Surrounding land use to the north is undeveloped and zoned U (Unclassified). The parcel is also bordered on the
north by Rock Creek and is located within the 100 year flood plain as indicated on Flood Insurance Rate Map.
ANALYSIS: This project will allow a 1,200 sq. ft., two story, two bedroom home as a permanent second dwelling unit.
The 1.33 acre parcel size is in excess of the one acre minimum parcel size required by the SRA zone. The proposed
location of the second dwelling is outside of the required setbacks for the SR -1 zone. There is adequate space for
two off-street parking spaces for the second dwelling unit. New vehicle traffic generated by the second dwelling unit
will be minimal and will not have an impact on the roads in the project area. The proposed permanent second
dwelling unit will. have access to Raintree Court via the existing driveway. There are three significant concerns
associated with this request; development in a flood zone; adequacy of sewage disposal system; and an increase in
residential density on the lot.
Sewage Disposal Svstem
The applicant proposes to utilize a septic tank leachfield system for the second unit. Comments received from the
Environmental Health Division (EHD) indicate that a septic system must be installed under permit and inspection from
the EHD. The EHD has concerns as to the availability for a 100% replacement area on the lot when the second unit
is constructed. Indications are that the 1.33 acre parcel may -not be of sufficient size when combined with other
factors such well setbacks, property line setbacks and setbacks from Rock Creek, to allow for a leachfield
replacement area. The EHD has also commented that the well on the parcel may require a yield test to determine
if sufficient domestic water is available for the second unit. Ultimately, the EHD will decide whether or not to issue a
sewage diposal permit for the second unit.
■ Butte County Department of Development Services ■
Flood Zone
The subject property in located adjacent to Rock Creek and entirely within Flood Zone A of the watercourse as
indicated on the Flood Insurance Rate Map panel 95B. No base flood elevations have been determined for this zone
and a condition of approval would require the applicant to establish 100 year floodplain elevations and the lowest floor
elevations for any structures. Although being in the flood zone does not automatically preclude the development of
a second unit, it is does present an issue of suitability of this parcel for increased residential density. The Commission
recently denied File # MUP 96-12 for Agustin Carrillo based on flooding concerns and this decision was upheld by the
Board of Supervisors. If the application is approved, a condition is added that states, "The applicant, prior to issuance
of building permits, to establish 100 year elevations and the lowest floor elevations for any structures and show on the
site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and
a temporary benchmark on-site."
Density Increase
The parcel is 1.33 acres in size and is in the SR -1 zone which dictates a one acre minimum parcel size. The second
unit would increase the density on the parcel to one dwelling per .66 acres. The Commission has indicated that
second units that increase the density of the zone may not be appropriate and are incompatible with surrounding land
uses. Staff review of the site found an area of larger homes on significantly landscaped parcels. The location of this
second unit is substantially screened from view by vegetation and is unlikely to create any visual impact to surrounding
properties. The applicant has indicated that he has personally spoken to neighbors and received verbal
acknowledgments that they are not opposed. To date, staff has not received any verbal or written objections to the
request.
Other concerns
The California Department of Forestry has will require that all new structures comply with the California Fire Safe
Regulations, be properly identified pursuant to PRC 4290, and that the a $200.00 payment be made to the Battalion
4 water tender fund.
Butte County Code Section 24-41 addresses the required findings for approval of a Minor Use Permit. There are sir
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 conventionally -built house and
the permanent second dwelling unit will be a conventionally built home. The two dwelling units will be in
harmony with each other because the main dwelling unit is larger and the second dwelling unit will be clearly
subordinate. The coverage and density of the project parcel will increase due to the addition of permanent
second dwelling unit. However, the increase will be minor due to the relatively large size of the project parcel.
2. The availability of public facilities, services and utilities - Telephone and electrical services already extend to
the project parcel. The parcel is presently utilizing a septic system and well and the second unit will utilize
the same well and install an independent septic system. As mentioned above, the sewage disposal system
and well may not be adequate to support a second unit. The nearest fire station (#41) is located
approximately 2 miles west of the project site.
3. The harmful effect, if any, upon desirable neighborhood character - Most of the dwelling units in the project
area are larger conventionally -built homes. The permanent second dwelling unit will be a 1,200 sq. ft. , 2
story conventionally built home. The second unit will be the same character as the dwelling unit on the project
site and with the other dwelling units in the project area, but must be permitted as per State law.
4. The generation of traffic and the capacity and physical character of surrounding streets - The second dwelling
unit will add approximately 10 additional vehicle trips to the roads in the project area. Keefer Road and
Raintree Court are both operating at a level of service of C or better. This level of service on these roads will
not decrease due the additional vehicle traffic generated by the second dwelling unit. The intersection of
■ Butte County Department of Development Services ■
2
Keefer Road and SR 99, is not signalized at this time, but is planned for signal in the future and will not be
significantly impacted by this project.
5. The suitability of the site for the type and intensity of use or development which is proposed - There is
sufficient room on the project site for the permanent second dwelling unit and for a second septic system,
however, as discussed above, the parcel is in a flood zone.
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. 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, but it may be detrimental to the health, safety, and welfare of the intended
occupants due to the location of the unit within a flood zone and the possibility that a septic system may become
problematic.
ENVIRONMENTAL DOCUMENTATION: This application has been determined to be categorically exempt from the
provisions of CEQA under a Class 3 exemption.
PUBUC 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 deny the Minor Use Permit for John & Toby
Hale on APN 047-330-050, Fite # MUP 96-23. Should the Commission find that the development of the second unit
is appropriate, staff has included the following findings and conditions listed in Exhibit A.
Exhibits: A. Conditions of Approval
Attachments: A. Vicinity Map
B. Site Plan
Reviewed and 8pproved by:
of DeveloOnent Services
k:lproiectslhale. muplpc. rpt
■ Butte County Department of Development Services ■
3
I
EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Receipt)
MUP 96-23
PERMIT NO.
.047-330-050
ASSESSOR'S PARCEL NUMBER
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below:
John & Toby Hale are hereby granted a Minor Use Permit in accordance with the application filed June 4, 1996 to
allow a permanent second dwelling unit on property zoned SR -1, located at 5 Raintree Court, Chico.
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 12 months of the delivery of the countersigned permit to the Permittee.
3. If any use for which a Minor Use Permit has been granted is not established within one year of the date
of receipt of the countersigned permit by the permittee, the permit shall become null and void and
reapplication 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 permanent 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 ■
4
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 John and
Toby Hale.on APN 047-330-050 to allow a, permanent second dwelling 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. Construction, installation or development of structures or facilities on the parcels/lots shall
comply with the latest California Fre 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.
8. Building identification and/or addresses shall be installed in conformance with Public
■ Butte County Department of Development Services ■
5
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 into the
Battalion 4 water tender fund, is required prior to issuance of building permits.
10. Prior to issuance of building permits establish 100 year elevations and the lowest floor
elevations for any structures. Show on the site plan map for building permits the elevations
(by contours) and the location of an accepted NVGD benchmark and a temporary
benchmark on-site.
11. Applicant shall comply with all other applicable federal, state and local regulations.
NOTE: Issuance of this Dei
Environmental Health Derision of
of federal. state. and local law.
Butte County Planning Commission Chairman
cc: Land Development Division
Building Division
Environmental Health Division
California Department of Forestry
■ Butte County Department of Development Services ■
6
I Vicinity Map I
Project Location
���'10511 ���
MUP 96-23
AP#047-330-050
M
A-40
U'
Project Location
BUTTE COUNTY PLANNING COMMISSION
Applicant: John & Toby Hale Owner: Same
Hearing Date: SEPT, 12J 17740 @ 9%001w Existing Zone: SR -1 (Suburban Residential, 1 sere min.) N
Request: Minor Use Permit to allow a second dwelling. No Scale
Assessor Parcel No: 047-330-050 File: 96-23
M
AGENDA REPORT
TO: Honorable Chair and Planning Commission
FROM: Stephen Lucas, Associate Planner
DATE: July 30, 1996
REQUEST: File # MUP 96-23 - John & Toby Hale (Owners/Applicants), APN 047-030-050: A request
for a Minor Use Permit for a permanent second dwelling unit under the provisions of Butte
County Code Section 24-280. The property is zoned SR -1 (Suburban Residential 1 acre
minimum parcel size), and is located on the north side of Raintree Court approximately 400
ft. east of Raintree Lane, at 5 Raintree Court, in the Chico area. This project is located in
Supervisorial District 3.
RELATED
ITEMS: None.
FOR: Planning Commission Hearing for September 12.1996
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. The application may meet the requirements of Section 24-280 of the Zoning Code.
Staff is concerned that due to factors related to septic system adequacy, which will ultimately be resolved by the
Environmental Health Division, and flood zone impacts, this application may not present an acceptable project. A
recommendation for denial is presented based on these concerns. Approval of the application would require
assurances that the concerns can be effectively mitigated.
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 size of the project parcel is 1.33 acres and is
zoned SR -1. The Land Use Element Map of the Butte County General Plan designates the property as Agricultural -
Residential. A 2,500 sq. ft. conventionally built house, a garage and a small orchard are located on the property.
Domestic water for the residence is obtained from a private well and an on-site septic tank and leachfield system
handles sewage disposal for the dwelling unit. Surrounding developed parcels to the east, south & west are zoned
SR -1 and have a General Plan designation of Agricultural -Residential and range in size from 1 to 5 acres.
Surrounding land use to the north is undeveloped and zoned U (Unclassified). The parcel is also bordered on the
north by Rock Creek and is located within the 100 year flood plain as indicated on Flood Insurance Rate Map.
ANALYSIS: This project will allow a 1,200 sq. R, two story, two bedroom home as a permanent second dwelling unit.
The 1.33 acre parcel size is in excess of the one acre minimum parcel size required by the SR -1 zone. The proposed
location of the second dwelling is outside of the required setbacks for the SR -1 zone. There is adequate space for
WO off-street parking spaces for the second dwelling unit. New vehicle traffic generated by the second dwelling unit
will be minimal and will not have an impact on the roads in the project area. The proposed permanent second
dwelling unit will have access to Raintree Court via the existing driveway. There are three significant concerns
associated with this request; development in a flood zone; adequacy of sewage disposal system; and an increase in
residential density on the lot.
Sewage Disposal System
The applicant proposes to utilize a septic tank leachfield system for the second unit. Comments received from the
Environmental Health Division (EHD) indicate that a septic system must be installed under permit and inspection from
the EHD. The EHD has concerns as to the availability for a 100% replacement area on the lot when the second unit
is constructed. Indications are that the 1.33 acre parcel may not be of sufficient size when combined with other
factors such well setbacks, property line setbacks and setbacks from Rock Creek, to allow for a leachfield
replacement area. The EHD.has also commented that the well on the parcel may require a yield test to determine
if sufficient domestic water is available for the second unit. Ultimately, the EHD will decide whether or not to issue a
sewage diposal permit for the second unit.
■ Butte County Department of Development Services ■
Flood Zone
The subject property in located adjacent to Rock Creek and entirely within Flood Zone A of the watercourse as
indicated on the Flood Insurance Rate Map panel 95B. No base flood elevations have been determined for this zone
and a condition of approval would require the applicant to establish 100 year floodplain elevations and the lowest floor
elevations for any structures. Although being in the flood zone does not automatically preclude the development of
a. second unit, it is does present an issue of suitability of this parcel for increased residential density. The Commission
recently denied File # MUP 96-12 for Agustin Carrillo based on flooding concerns and this decision was upheld by the
Board of Supervisors. If the application is approved, a condition is added that states, "The applicant, prior to issuance
of building permits, to establish 100 year elevations and the lowest floor elevations for any structures and show on the
site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and
a temporary benchmark on-site."
Density Increase
The parcel is 1.33 acres in size and is in the SR -1 zone which dictates a one acre minimum parcel size. The second
unit would increase the density on the parcel to one dwelling per .66 acres. The Commission has indicated that
second units that increase the density of the zone may not be appropriate and are incompatible with surrounding land
uses. Staff review of the site found an area of larger homes on significantly landscaped parcels. The location of this
second unit is substantially screened from view by vegetation and is unlikely to create any visual impact to surrounding
properties. The applicant has indicated that he has personally spoken to neighbors and received verbal
acknowledgments that they are not opposed. To date, staff has not received any verbal or written objections to the
request.
Other concerns
The California Department of Forestry has will require that all new structures comply with the California Fire Safe
Regulations, be properly identified pursuant to PRC 4290, and that the a $200.00 payment be made to the Battalion
4 water tender fund.
Butte County Code Section 24-41 addresses the required findings 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 conventionally -built house and
the permanent second dwelling unit will be a conventionally built home. The two dwelling units will be in
harmony with each other because the main dwelling unit is larger and the second dwelling unit will be clearly
subordinate. The coverage and density of the project parcel will increase due to the addition of permanent
second dwelling unit. However, the increase will be minor due to the relatively large size of the project parcel.
2. The availability of public facilities, services and utilities - Telephone and electrical services already extend to
the project parcel. The parcel is presently utilizing a septic system and well and the second unit will utilize
the same well and install an independent septic system. As mentioned above, the sewage disposal system
and well may not be adequate to support a second unit. The nearest fire station (#41) is located
approximately 2 miles west of the project site.
3. The harmful effect, if any, upon desirable neighborhood character - Most of the dwelling units in the project
area are larger conventionally -built homes. The permanent second dwelling unit will be a 1,200 sq. ft. , 2
story conventionally built home. The second unit will be the same character as the dwelling unit on the project
site and with the other dwelling units in the project area, but must be permitted as per State law.
4. The generation of traffic and the capacity and physical character of surrounding streets - The second dwelling
unit will add approximately 10 additional vehicle trips to the roads in 'the project area. Keefer Road and
Raintree Court are both operating at a level of service of C or better. This level of service on these roads will
not decrease due the additional vehicle traffic generated by the second dwelling unit. The intersection of
■ Butte County Department of Development Services ■
E
Keefer Road and SR 99, is not signalized at this time, but is planned for signal in the future and will not be
significantly impacted by this project.
5. The suitability of the site for the type and intensity of use or development which is proposed - There is
sufficient room. on the project site for the permanent second dwelling unit and for a second septic system,
however, as discussed above, the parcel is in a flood zone.
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. 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, but it may be detrimental to the health, safety, and welfare of the intended
occupants due to the location of the unit within a flood zone and the possibility that a septic system may become
problematic.
ENVIRONMENTAL DOCUMENTATION: This application has been determined to be categorically exempt from the
provisions of CEQA under a Class 3 exemption.
PUBUC 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 deny the Minor Use Permit for John & Toby
Hale on APN 047-330-050, File # MUP 96-23. Should the Commission find that the development of the second unit
is appropriate, staff has included the following findings and conditions listed in Exhibit A.
Exhibits: A. Conditions of Approval
Attachments: A. Vicinity Map
B. Site Plan
Reviewed and jpproved by:
of Develophient Services
kAprojectslhale. mup\pc. rpt
■ Butte County Department of Development Services ■
3
EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Receipt)
MUP 96-23
PERMIT NO.
. 047-330-050
ASSESSOR'S PARCEL NUMBER
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below:
John & Toby Hale are hereby granted a Minor Use Permit in accordance with the application filed June 4, 1996 to
allow.a permanent second dwelling unit on property zoned SR -1, located at 5 Raintree Court, Chico.
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 12 months of the delivery of the countersigned permit to the Permittee.
3. If any use for which a Minor Use Permit has been granted is not established within one year of the date
of receipt of the countersigned permit by the permittee, the permit shall become null and void and
reapplication 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 permanent 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 ■
4
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 John and
Toby Hale on APN 047-330-050 to allow a permanent second dwelling 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. Construction, installation or development of structures or facilities on the parcels/lots shall
comply with the latest California Fre 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.
8. Building identification and/or addresses shall be installed in conformance with Public
■ Butte County Department of Development Services ■
5
Ce
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 into the
Battalion 4 water tender fund, is required prior to issuance of building permits.
10. Prior to issuance of building permits establish 100 year elevations and. the lowest floor
elevations for any structures. Show on the site plan map for building permits the elevations
(by contours) and the location of an accepted NVGD benchmark and a temporary
benchmark on-site.
11. Applicant shall comply with all other applicable federal, state and local regulations.
NOTE: Issuance of this permit does not waive the requirement of obtaining Building Division and
Environmental. Health Division nerrnits before starting construction nor does it waive any other requirements
of federal, state, and local law.
Butte County Planning Commission Chairman
cc: Land Development Division
Building Division
Environmental Health Division
California Department of Forestry
■ Butte County Department of Development Services ■
C=1
I Vicinity Map I
Project Location
MUP 96-23
AP#047-330-050
HALE
,11
Project Location
BUTTE COUNTY PLANNING COMMISSION
Applicant: John & Toby Hale Owner: Same
Hearing Date: SEPT. 12J 19910 @ 9�06AM Existing Zone: SR -1 (Suburban Residential, 1 acre min.) N
Request: Minor Use Permit to allow a second dwelling. No Scale
Assessor Parcel No: 047-330-050 Pyle: 96-23
0
AGENDA REPORT
TO: Honorable Chair and Planning Commission
FROM: Stephen Lucas, Associate Planner
DATE: July 30, 1996
REQUEST: File # MUP 96-23 - John & Toby Hale (Owners/Applicants), APN 047-330-050: A request
for a Minor Use Permit for a permanent second dwelling unit under the provisions of Butte
County Code Section 24-280. The property is zoned SR -1 (Suburban Residential 1 acre
minimum parcel size), and is located on the north side of Raintree Court approximately 400
ft. east of Raintree Lane, at 5 Raintree Court, in the Chico area. This project is located in
Supervisorial District 3.
RELATED
ITEMS: None.
FOR: Planning Commission Hearing for September 12, 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. The application may meet the requirements of Section 24-280 of the Zoning Code.
Staff is concerned that due to factors related to septic system adequacy, which will ultimately be resolved by the
Environmental Health Division, and flood zone impacts, this application may not present an acceptable project. A
recommendation for denial is presented based on these concerns. Approval of the application would require
assurances that the concerns can be effectively mitigated.
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 size of the project parcel is 1.33 acres and is
zoned SR -1. The Land Use Element Map of the Butte County General Plan designates the property as Agricultural -
Residential. A 2,500 sq. ft. conventionally built house, a garage and a small orchard are located on the property.
Domestic water for the residence is obtained from a private well and an on-site septic tank and leachfield system
handles sewage disposal for the dwelling unit. Surrounding developed parcels to the east, south & west are zoned
SR -1 and have a General Plan designation of Agricultural -Residential and range in size from 1 to 5 acres.
Surrounding land use to the north is undeveloped and zoned U (Unclassified). The parcel is also bordered on the
north by Rock Creek and is located within the 100 year flood plain as indicated on Flood Insurance Rate Map.
ANALYSIS: This project will allow a 1,200 sq. ft, two story, two bedroom home as a permanent second dwelling unit.
The 1.33 acre parcel size is in excess of the one acre minimum parcel size required by the SR -1 zone. The proposed
location of the second dwelling is outside of the required setbacks for the SR -1 zone. There is adequate space for
two off-street parting spaces for the second dwelling unit. New vehicle traffic generated by the second dwelling unit
will be minimal and will not have an impact on the roads in the project area. The proposed permanent second
dwelling unit will have access to Raintree Court via the existing driveway. There are three significant concerns
associated with this request; development in a flood zone; adequacy of sewage disposal system; and an increase in
residential density on the lot.
Sewage Disoosal System
The applicant proposes to utilize a septic tank leachfield system for the second unit. Comments received from the
Environmental Health Division (EHD) indicate that a septic system must be installed under permit and inspection from
the EHD. The EHD has concerns as to the availability for a 100% replacement area on the lot when the second unit
is constructed. Indications are that the 1.33 acre parcel may not be of sufficient size when combined with other
factors such well setbacks, property line setbacks and setbacks from Rock Creek, to allow for a leachfield
replacement area. The EHD has also commented that the well on the parcel may require a yield test to determine
if sufficient domestic water is available for the second unit. Ultimately, the EHD will decide whether or not to issue a
sewage diposal permit for the second unit.
■ Butte County Department of Development Services ■
Flood Zone
The subject property in located adjacent to Rock Creek and entirely within Flood Zone A of the watercourse as
indicated on the Flood Insurance Rate Map panel 95B. No base flood elevations have been determined for this zone
and a condition of approval would require the applicant to establish 100 year floodplain elevations and the lowest floor
elevations for any structures. Although being in the flood zone does not automatically preclude the development of
a second unit, it is does present an issue of suitability of this parcel for increased residential density. The Commission
recently denied File # MUP 96-12 for Dustin Carrillo based on flooding concerns and this decision was upheld by the
Board of Supervisors. If the application is approved, a condition is added that states, "The applicant, prior to issuance
of building permits, to establish 100 year elevations and the lowest floor elevations for any.structures and show on the
site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and
a temporary benchmark on-site."
Density Increase
The parcel is 1.33 acres in size and is in the SR -1 zone which dictates a one acre minimum parcel size. The second
unit would increase the density on the parcel to one dwelling per .66 acres. The Commission has indicated that
second units that increase the density of the zone may not be appropriate and are incompatible with surrounding land
uses. Staff review of the site found an area of larger homes on significantly landscaped parcels. The location of this
second unit is substantially screened from view by vegetation and is unlikely to create any visual impact to surrounding
properties. The applicant has indicated that he has personally spoken ,to neighbors and received verbal
acknowledgments that they are not opposed. To date, staff has not received any verbal or written objections to the
request.
Other concerns
The California Department of Forestry has will require that all new structures comply with the California Fire Safe
Regulations, be properly identified pursuant to PRC 4290, and that the a $200.00 payment be made to the Battalion
4 water tender fund.
Butte County Code Section 24-41 addresses the required findings for approval of a Minor Use Permit. There are sic
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 conventionally -built house and
the permanent second dwelling unit will be a conventionally built home. The two dwelling units will be in
harmony with each other because the main dwelling unit is larger and the second dwelling unit will be clearly
subordinate. The coverage and density of the project parcel will increase due to the addition of permanent
second dwelling unit However, the increase will be minor due to the relatively large size of the project parcel.
2. The availability of public facilities, services and utilities - Telephone and electrical services already extend to
the project parcel. The parcel is presently utilizing a septic system and well and the second unit will utilize
the same well and install an independent septic system. As mentioned above, the sewage disposal system
and well may not be adequate to support a second unit. The nearest fire station (#41) is located
approximately 2 miles west of the project site.
3. The harmful effect, if any, upon desirable neighborhood character - Most of the dwelling units in the project
area are larger conventionally -built homes. The permanent second dwelling unit will be a 1,200 sq. ft. , 2
story conventionally built home. The second unit will be the same character as the dwelling unit on the project
site and with the other dwelling units in the project area, but must be permitted as per State law.
4. The generation of traffic and the capacity and physical character of surrounding streets - The second dwelling
unit will add approximately 10 additional vehicle trips to the roads in the project area. Keefer Road and
Raintree Court are both operating at alevel of service of C or better. This level of service on these roads will
not decrease due the additional vehicle traffic generated by the second dwelling unit. The intersection of
■ Butte County Department of Development Services ■
2
Keefer Road and SR 99, is not signalized at this time, but is planned for signal in the future and will not be
significantly impacted by this project.
5. The suitability of the site for the type and inten*-of use or development which is proposed - There is
sufficient room on the project site for the permanent second dwelling unit and for a second septic system,
however, as discussed above, the parcel is in a flood zone.
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. 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, but it may be detrimental to the health, safety, and welfare of the intended
occupants due to the location of the unit within a flood zone and the possibility that a septic system may become
problematic.
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 deny the Minor Use Permit for John & Toby
Hale on APN 047-330-050, File # MUP 96-23. Should the Commission find that the development of the second unit
is appropriate, staff has included the following findings and conditions listed in Exhibit A.
Exhibits: I A. Conditions of Approval
Attachments: A. Vicinity Map
B. Site Plan
Reviewed and 6pproved by:
of DeveloOnent Services
kAprojects\hale. mup\pc.rpt
in Butte County Department of Development Services ■
3
EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Receipt)
MUP 96-23
PERMIT NO.
047-330-050
ASSESSOR'S PARCEL NUMBER
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below:
John & Toby Hale are hereby granted a Minor Use Permit in accordance with the application filed June 4, 1996 to
allow a permanent second dwelling unit on property zoned SR -1, located at 5 Raintree Court, Chico.
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 12 months of the delivery of the countersigned permit to the Permittee.
3. If any use for which a Minor Use Permit has been granted is not established within one year of the date
of receipt of the countersigned permit by the permittee, the permit shall become null and void and
reapplication 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 permanent 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 ii
4
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 John and
Toby Hale on APN 047-330-050 to allow a permanent second dwelling 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 theirrespective
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. Construction, installation or development of structures or facilities on the parcels/lots shall
comply with the latest California Fre 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.
8. Building identification and/or addresses shall be installed in conformance with Public
■ Butte County Department of Development Services ■
5
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 into the
Battalion 4 water tender fund, is required prior to issuance of building permits.
10. Prior to issuance of building permits establish 100 year elevations and the lowest floor
elevations for any structures. Show on the site plan map for building permits the elevations
(by contours) and the location of an accepted NVGD benchmark and a temporary
benchmark on-site.
11. Applicant shall comply with all other applicable federal, state and local regulations.
NOTE: Issuance of this permit does not waive the requirement of obtaining Building Division and
Environmental Health Division permits before starting construction nor does it waive any other requirements
of federal, state, and local law.
Butte County Planning Commission Chairman
cc: Land Development Division
Building Division
Environmental Health Division
California Department of Forestry
■ Butte County Department of Development Services ■
N.
Vicinity Map
Project Location
MUP 96-23
AP#047-330-050
HALE'
_
A-5
U
A-40
Project Location
R
BUTTE COUNTY PLANNING COMMISSION
Applicant: John & Toby Hale Owner: Same
Hearing Date: SEPT, 12J 11% @ 9%OOAM Existing Zone: SR -I (Suburban Residential, I acre min.) A
Request: Minor Use Permit to allow a second dwelling. No Scale
Assessor Parcel No: 047-330-050 File: 96-23
t_
AGENDA REPORT
TO: Honorable Chair and Planning Commission
FROM: Stephen Lucas, Associate Planner
DATE: July 30, 1996
REQUEST: File # MUP 96-23 -John & Toby Hale (Owners/Applicants), APN 047-030-050: A request
for a Minor Use Permit for. a permanent second dwelling unit under the provisions of Butte
County Code Section 24-280. The property is zoned SR -1 (Suburban Residential 1 acre
minimum parcel size), and is located on the north side of Raintree Court approbmately 400
ft. east of Raintree Lane, at 5 Raintree Court, in the Chico area. This project is located in
Supervisorial District 3.
RELATED
ITEMS: None.
FOR: Planning Commission Hearing for September 12, 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. The application may meet the requirements of Section 24-280 of the Zoning Code.
Staff is concerned that due to factors related to septic system adequacy, which will ultimately be resolved by the
Environmental Health Division, and flood zone impacts, this application may not present an acceptable project. A
recommendation for denial is presented based on these concerns. Approval of the application would require
assurances that the concerns can be effectively mitigated.
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 size of the project parcel is 1.33 acres and is
zoned SR -1. The Land Use Element Map of the Butte County General Plan designates the property as Agricultural -
Residential. A 2,500 sq. ft. conventionally built house, a garage and a small orchard are located on the property.
Domestic water for the residence is obtained from a private well and an on-site septic tank and leachfield system
handles sewage disposal for the dwelling unit. Surrounding developed parcels to the east, south & west are zoned
SR -1 and have a General Plan designation of Agricultural -Residential and range in size from 1 to 5 acres.
Surrounding land use to the north is undeveloped and zoned U (Unclassified). The parcel is also bordered on the
north by Rock Creek and is located within the 100 year flood plain as indicated on Flood Insurance Rate Map.
ANALYSIS: This project will allow a 1,200 sq. ft., two story, two bedroom home as a permanent second dwelling unit.
The 1.33 acre parcel size is in excess of the one acre minimum parcel size required by the SR -1 zone. The proposed
location of the second dwelling is outside of the required setbacks for the SR -1 zone. There is adequate space for
two off-street parking spaces for the second dwelling unit. New vehicle traffic generated by the second dwelling unit
will be minimal and will not have an impact on the roads in the project area. The proposed permanent second
dwelling unit will have access to Raintree Court via the e)Mng driveway. There are three significant concerns
associated with this request; development in a flood zone; adequacy of sewage disposal system; and an increase in
residential density on the lot.
Sewage Disposal System
The applicant proposes to utilize a septic tank leachfield system for the second unit. Comments received from the
Environmental Health Division (EHD) indicate that a septic system must be installed under permit and inspection from
the EHD. The EHD has concerns as to the availability for a 100% replacement area on the lot when the second unit
is constructed. Indications are that the 1.33 acre parcel may not be of sufficient size when combined with other
factors such well setbacks, property line setbacks and setbacks from Rock Creek, to allow for a leachfield
replacement area. The EHD has also commented .that the well on the parcel may require a yield test to determine
if sufficient domestic water is available for the second unit. Ultimately, the EHD will decide whether or not to issue a
sewage diposal permit for the second unit.
■ Butte County Department of Development Services ■
Flood Zone
The subject property in located adjacent to Rock Creek and entirely within Flood Zone A of the watercourse as
indicated on the Flood Insurance Rate Map panel 95B. No base flood elevations have been determined for this zone
and a condition of approval would require the applicant to establish 100 year floodplain elevations and the lowest floor
elevations for any structures. Although being in the flood'zone does not automatically preclude the development of
a second unit, it is does present an issue of suitability of this parcel for increased residential density. The Commission
recently denied File # MUP 96-12 for Agustin Carrillo based on flooding concerns and this decision was upheld by the
Board of Supervisors. If the application is approved, a condition is added that states, "The applicant, prior to issuance
of building permits, to establish 100 year elevations and the lowest floor elevations for any structures and show on the
site plan map for building permb the elevations (by contours) and the location of an accepted NVGD benchmark and
a temporary benchmark on-site."
Density Increase
The parcel is 1.33 acres in size and is in the SR -1 zone which dictates a one acre minimum parcel size. The second
unit would increase the density on the parcel to one dwelling per .66 acres. The Commission has indicated that
second units that increase the density of the zone may not be appropriate and are incompatible with surrounding land
uses. Staff review of the site found an area of larger homes on significantly landscaped parcels. The location of this
second unit is substantially screened from view by vegetation and is unlikely to create any visual impact to surrounding
properties. The applicant has indicated that he has personally spoken to neighbors and received verbal
acknowledgments that they are not opposed. To date, staff has not received any verbal or written objections to the
request.
Other concerns
The California Department of Forestry has will require that all new structures comply with the California Fire Safe
Regulations, be properly identified pursuant to PRC 4290, and that the a $200.00 payment be made to the Battalion
4 water tender fund.
Butte County Code Section 24-41 addresses the required findings for approval of a Minor Use Permit. There are sir
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 conventionally -built house and
the permanent second dwelling unit will be a conventionally built home. The two dwelling units will be in
harmony with each other because the main dwelling unit is larger and the second dwelling unit will be clearly
subordinate. The coverage and density of the project parcel will increase due to the addition of permanent
second dwelling unit. However, the increase will be minor due to the relatively large size of the project parcel.
2. The availability of public facilities, services and utilities - Telephone and electrical services already extend to
the project parcel. The parcel is presently utilizing a septic system and well and the second unit will utilize
the same well and install an independent septic system. As mentioned above, the sewage disposal system
and well may not be adequate to support a second unit. The nearest fire station (#41) is located
approximately 2 miles west of the project site.
3. The harmful effect, if any, upon desirable neighborhood character - Most of the dwelling units in the project
area are larger conventionally -built homes. The permanent second dwelling unit will be a 1,200 sq. ft. , 2
story conventionally built home. The second unit will be the same character as the dwelling unit on the project
site and with the other dwelling units in the project area, but must be permitted as per State law.
4. The generation of traffic and the capacity and physical character of surrounding streets - The second dwelling
unit will add approximately 10 additional vehicle trips to the roads in the project area. Keefer Road and
Raintree Court are both operating at a level of service of C or better. This level of service on these roads will
not decrease due the additional vehicle traffic generated by the second dwelling unit. The intersection of
■ Butte County Department of Development Services ■
2
Keefer Road and SR 99, is not signalized at this time, but is planned for signal in the future and will not be
significantly impacted by this project.
5. The suitability of the site for the type and intensity of use or development which is proposed - There is
sufficient room on the project site for the permanent second dwelling unit and for a second septic system,
however, as discussed above, the parcel is in a flood zone.
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. 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, but it may be detrimental to the health, safety, and welfare of the intended
occupants due to the location of the unit within a flood zone and the possibility that a septic system may become
problematic.
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 deny the Minor Use Permit for John & Toby
Hale on APN 047-330-050, File # MUP 96-23. Should the Commission find that the development of the second unit
is appropriate, staff has included the following findings and conditions listed in Exhibit A.
Exhibits: A. Conditions of Approval
Attachments: A. Vicinity Map
B. Site Plan
Reviewed and 8pproved by:
of DevelopFnent Services
k:lprojectslhale. muplpc. rpt
■ Butte County Department of Development Services ■
3
EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Receipt)
MUP 96-23
PERMIT NO.
047-330-050
ASSESSOR'S PARCEL NUMBER
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below:
John & Toby Hale are hereby granted a Minor Use Permit in accordance with the application filed June 4, 1996 to
allow a permanent second dwelling unit on property zoned SR -1, located at.5 Raintree Court, Chico.
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 12 months of the delivery of the countersigned permit to the Permittee.
3. If any use for which a Minor Use Permit has been granted is not established within one year of the date
of receipt of the countersigned permit by the permittee, the permit shall become null and void and
reapplication 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 permanent 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 ■
4
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 John and
Toby Hale on APN 047-330-050 to allow a permanent second dwelling 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. Construction, installation or development of structures or facilities on the parcels/lots shall
comply with the latest California Fre 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.
8. Building identification and/or addresses shall be installed in conformance with Public
■ Butte County Department of Development Services ■
5
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 into the
Battalion 4 water tender fund, is required prior to issuance of building permits.
10. Prior to issuance of building permits establish 100 year elevations and the lowest floor
elevations for any structures. Show on the site plan map for building permits the elevations
(by contours) and the location of an accepted NVGD benchmark and a temporary
benchmark on-site.
11. Applicant shall comply with all other applicable federal, state and local regulations.
NOTE:
of federal, state, and local law.
Butte County Planning Commission Chairman
cc: Land Development Division
Building Division
Environmental Health Division
California Department of Forestry
■ Butte County Department of Development Services ■
2
Vicinity Map I
Project Location
MUP 96-23
AP#047-330-050
HALE
A-5
u
A-40
Project Location
BUTTE COUNTY PLANNING COMMISSION
Applicant: John & Toby Hale Owner: Same
Hearing Date: SEPT, 12,199(0 @ V06AM Existing Zone: SR -1 (Suburban Residential, l acre min.) N
Request: Minor Use Permit to allow a second dwelling. No Scale
Assessor Parcel No: 047-330-050 file: 96-23
AGENDA REPORT
TO: Honorable Chair and Planning Commission
FROM: Stephen Lucas, Associate Planner
DATE: July 30, 1996
REQUEST: File # MUP 96-23 - John & Toby Hale (Owners/Applicants), APN 047-330-050: A request
for a Minor Use Permit for a permanent second dwelling unit under the provisions of Butte
County Code Section 24-280. The property is zoned SR -1 (Suburban Residential 1 acre
minimum parcel size), and is located on the north side of Raintree Court approximately 400
ft. east of Raintree Lane, at 5 Raintree Court, in the Chico area. This project is located in
Supervisorial District 3.
RELATED
ITEMS: None.
FOR: Planning Commission Hearing for September 12.1996
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. The application may meet the requirements of Section 24-280 of the Zoning Code.
Staff is concerned that due to factors related to septic system adequacy, which will ultimately be resolved by the
Environmental Health Division, and flood zone impacts, this application may not present an acceptable project. A
recommendation for denial is presented based on these concerns. Approval of the application would require
assurances that the concerns can be effectively mitigated.
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 size of the project parcel is 1.33 acres and is
zoned SR -1. The Land Use Element Map of the Butte County General Plan designates the property as Agricultural -
Residential. A 2,500 sq. ft. conventionally built house, a garage and a small orchard are located on the property.
Domestic water for the residence is obtained from a private well and an on-site septic tank and leachfield system
handles sewage disposal for the dwelling unit. Surrounding developed parcels to the east, south & west are zoned
SR -1 and have a General Plan designation of Agricultural -Residential and range in size from 1 to 5 acres.
Surrounding land use to the north is undeveloped and zoned U (Unclassified). The, parcel is also bordered on the
north by Rock Creek and is located within the 100 year flood plain as indicated on Flood Insurance Rate Map.
ANALYSIS: This project will allow a 1,200 sq. ft., two story, two bedroom home as a permanent second dwelling unit.
The 1.33 acre parcel size is in excess of the one acre minimum parcel size required by the SR -1 zone. The proposed
location of the second dwelling is outside of the required setbacks for the SR -1 zone. There is adequate space for
two off-street parking spaces for the second dwelling unit. New vehicle traffic generated by the second dwelling unit
will be minimal and will not have an impact on the roads in the project area. The proposed permanent second
dwelling unit will have access to Raintree Court via the existing driveway. There are three significant concerns
associated with this request; development in a flood zone; adequacy of sewage disposal system; and an increase in
residential density on the lot.
Sewage Disposal System
The applicant proposes to utilize a septic tank leachfield system for the second unit. Comments received from the
Environmental Health Division (EHD) indicate that a septic system must be installed under permit and inspection from
the EHD. The EHD has concerns as to the availability for a 100'/o replacement area on the lot when the second unit
is constructed. Indications are that the 1.33 acre parcel may not be of sufficient size when combined with other
factors such well setbacks, property line setbacks and setbacks from Rock Creek, to allow for a leachfield
replacement area. The EHD has also commented that the well on the parcel may require a yield test to determine
if sufficient domestic water is available for the second unit. Ultimately, the EHD will decide whether or not to issue a
sewage diposal permit for the second unit.
■ Butte County Department of Development Services ■
Flood Zone
The subject property in located adjacent to Rock Creek and entirely within Flood Zone A of the watercourse as
indicated on the Flood Insurance Rate Map panel 95B. No base flood elevations have been determined for this zone
and a condition of approval would require the applicant to establish 100 year floodplain elevations and the lowest floor
elevations for any structures. Although being in the flood zone does not automatically preclude the development of
a second unit, it is does present an issue of suitability of this parcel for increased residential density. The Commission
recently denied File # MUP 96-12 for Agustin Carrillo based on flooding concerns and this decision was upheld by the
Board of Supervisors. If the application is approved, a condition is added that states, "The applicant, prior to issuance
of building permits, to establish 100 year elevations and the lowest floor elevations for any structures and show on the
site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and
a temporary benchmark on-site."
Density Increase
The parcel is 1.33 acres in size and is in the SR -1 zone which dictates a one acre minimum parcel size. The second
unit would increase the density on the parcel to one dwelling per .66 acres. The Commission has indicated that
second units that increase the density of the zone may not be appropriate and are incompatible with surrounding land
uses. Staff review of the site found an area of larger homes on significantly landscaped parcels. The location of this
second unit is substantially screened from view by vegetation and is unlikely to create any visual impact to surrounding
properties. The applicant has indicated that he has personally spoken to neighbors and received verbal
acknowledgments that they are not opposed. To date, staff has not received any verbal or written objections to the
request.
Other concerns
The California Department of Forestry has will require that all new structures comply with the California Fire Safe
Regulations, be properly identified pursuant to PRC 4290, and that the a $200.00 payment be made to the Battalion
4 water tender fund.
Butte County Code Section 24-41 addresses the required findings for approval of a Minor Use Permit. There are sic
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 conventionally -built house and
the permanent second dwelling unit will be a conventionally built home. The two dwelling units will be in
harmony with each other because the main dwelling unit is larger and the second dwelling unit will be clearly
subordinate. The coverage and density of the project parcel will increase due to the addition of permanent
second dwelling unit. However, the increase will be minor due to the relatively large size of the project parcel.
2. The availability of public facilities, services and utilities - Telephone and electrical services already extend to
the project parcel. The parcel is presently utilizing a septic system and well and the second unit will utilize
the same well and install an independent septic system. As mentioned above, the sewage disposal system
and well may not be adequate to support a second unit. The nearest fire station (#41) is located
approximately 2 miles west of the project site.
3. The harmful effect, if any, upon desirable neighborhood character - Most of the dwelling units in the project
area are larger conventionally -built homes. The permanent second dwelling unit will be a 1,200 sq. ft. , 2
story conventionally built home. The second unit will be the same character as the dwelling unit on the project
site and with the other dwelling units in the project area, but must be permitted as per State law.
4. The generation of traffic and the capacity and physical character of surrounding streets - The second dwelling
unit will add approximately 10 additional vehicle trips to the roads in the project area. Keefer Road and
Raintree Court are both operating at a level of service of C or better. This level of service on these roads will
not decrease due the additional vehicle traffic generated by the second dwelling unit. The intersection of
■ Butte County Department of Development Services ■
2
Keefer Road and SR 99, is not signalized at this time, but is planned for signal in the future and will not be
significantly impacted by.this project.
5. The suitability of the site for the type and intensity of use or development which is* proposed -.There is
sufficient room on the project site for the permanent second dwelling unit and for a second septic system,
however, as discussed above, the parcel is in a flood zone.
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. 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, but it may be detrimental to the health, safety, and welfare of the intended
occupants due to the location of the unit within a flood zone and the possibility that a septic system may become
problematic.
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 deny the Minor Use Permit for John & Toby
Hale on APN 047-330-050, File # MUP 96-23. Should the Commission find that the development of the second unit
is appropriate, staff has included the following findings and conditions listed in Exhibit A.
Exhibits: A. Conditions of Approval
Attachments: A. Vicinity Map
B. Site Plan
Reviewed and 6pproved by:
of DevelopFnent Services
kA0rojects\ha1e.mup\pc.rpt
■ Butte County Department of Development Services ■
3
EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Receipt)
MUP 96-23
PERMIT NO.
047-330-050
ASSESSOR'S PARCEL NUMBER
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below:
John & Toby Hale are. hereby granted a Minor Use Permit in accordance with the application filed June 4, 1996 to
allow a permanent second dwelling unit on property zoned SR -1, located at 5 Raintree Court, Chico.
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 12 months of the delivery of the countersigned permit to the Permittee.
3. If any use for which a Minor Use Permit has been granted is not established within one year of the date
of receipt of the countersigned permit by the permittee, the permit shall become null and void and
reapplication 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 permanent 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:
A Butte County Department of Development Services ■
4
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 John and
Toby Hale on APN 047-330-050 to allow a permanent second dwelling 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. Construction, installation or development of structures or facilities on the parcels/lots shall
comply with the latest Calif omia 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.
8. Building identification and/or addresses shall be installed in conformance with Public
■ Butte County Department of Development Services in
5
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 into the
Battalion 4 water tender fund, is required prior to issuance of building permits.
10. Prior to issuance of building permits establish 100 year elevations and the lowest floor
elevations for any structures. Show on the site plan map for building permits the elevations
(by contours) and the location of an accepted NVGD benchmark and a temporary
benchmark on-site.
11. Applicant shall comply with all other applicable federal, state. and local regulations.
NOTE:
of federal. -state, and.local law.
Butte County Planning Commission Chairman
cc: Land Development Division
Building Division
Environmental Health Division
California Department of Forestry
4 ■ Butte .County Department of Development Services ■
2
I Vicinity Map I
Project Location
W 'W 111- lllllllq� 11
N-1 I � OR dr N 0 h 0 NI-
MUP 96-23
AP#047-330-050
HALE
W
A-5
U
A-40
Project Location
BUTTE COUNTY PLANNING COMMISSION
Applicant: John & Toby Hale Owner: Same
.t
Hearing Date: SEPT, 12J 1`i7(o @ 9.00AM Ezisting Zone: SR -I (Suburban Residential, I acre min.) N
Request: Minor Use Permit to allow a second dwelling. No Scale
Assessor Parcel No: 047-330-050 File: 96-23
A
B C D
E
F
G H I
J
469
Mike Ballou
521-2122
Check for stable issuf In a LCA. Okay. Needs use permit
X(2/5)
470
471
06 -Feb -03
Counter Help - 5
Non logged calls -
2
472
Scotty Williams (Gridley Herald)
846-3661
Information of approving body for UP 03-05 Hunter Transferred to Yvon[
X(2/7)
473
474
07 -Feb -03
Counter Help - 2
Non logged calls -
1
475
Paul Guy
898-5803
Aunt Minnie Contact
476
Doreen Fogle
056-270-061
873-5023
Parcel Split review. In WP zone, but coup Send out parcel map
X(2/10)
477
Matt Mckisson
Architect for UP 03-0, Revised site plan. Sent letter to applicant coverinc
X(2/7)
478
Blake Bailey (County Assessors office)
538-7507
Parcel/Tax informatioi How is a parcel taxed when They are sent one bi
X(2/7)
479
480
10 -Feb -03
Counter Help - 4
INon logged calls -
2
481
Mike Byrd (Rolls, Anderson, Rolls)
895-1422
Setbacks for wells/stn Wells - 5 feet; structures over 48" - 25 feet
X(2/10)
482
Jessica Clark
896-7732
Keeping of animals Keeping of animals determined by zoning and sec
X(2/10)
483
Nelba Gorton
056-120-078
425 355-7347
What can be done on Need to determine easement locations
484
jPaul Guy
Kathy Lane
898-5803
Answer to Temp MH Researching need to contact
4851
Jeff Mott - Complaint
056-390-038
8984008
Home occupation peri Was revoked - determine if a Research
486
Stephan
072-005-035
532-9393
Zoning - Uses Zoned PUD - ORD 2377 10• Researching
487
Vicki Coontz
041-460-004
872-1645
What are building opti Surface water issues Researching
488
Jim Lowsendahl
Hidden Valley Rol
891-1000
Required Parcel Size Researching
X(2/11)
489
490
11 -Feb -03
Counter Help - 7
Non logged calls -3
491
Jennifer Newkirk
589-3276
Home Base Busines Mobile anti -freeze recyclinc Get information on permit - C
492
Nelba
056-120-078 po box 558 mukilteo Send information on zones
493
Ron
624-5860
Outbuilding - Accessory Structure destroyed, what, Meet R-1 setbacks
X(2/11)
494
Paul Guy
Kathy Lane
898-5803
2nd dwelling in SR -1 Allowed by state mandate as Gave him informatioi
X(2/11)
495
Jeff Mott
056-390-038
8984008
Use of revoked home What can building be used f no. Require appropr
X(2/11)
4961
Vicki Coontz
041-460-004
872-7645
Not in any flood zone Informed caller
X(2/11)
497
V Brandon Doss ?
056-360-035
864-2584
Information on Parco Will need a map amendment - Certificate of Correction
498
Roger Casey (Loan Officer)
005-490-037
Zoning/Development R-1 /CM - sewer v. septic (65( contact city of chico
X(2/11)
499
davey bright ?
891-5238
500
sara
7049 532-3301
Horton Adm Permit - Temporary Mobile Home I
X(2/11)
501
elona carrol1
048-750-018/017
899-1900
property - cactus aver Is it one or two parcels (not created by parcel map
X(2/11)
5021
Munson
Oko - OgZ)-0�)-13
877-5513
Sign for Church location of sign I
X(2/11)
503
Mike Mccarty
066-440-002
873-7800
Tree removal Pines - need to contact Calif Dept of Forestry
X(2/11)
504
mike davis calif charter academy
760-954-1173
Hunter Use No set requirements/formula - as long as it isn't co
X(2/11)
505
Diana Dean
893-2950
5 -acre parcel - codes on building
506
Lisa mckay
895-5914
childcare licensing - dl Determined to be void after more then six month o
X(2/11)
507
Jean
043-190-024
514-5213
Use of parking area j Research building -plan chc Call back 2/12 am
5081
laura lyn/stephen
072-050-035
532-9393
PUD - can you build house
509
510
511
512
513
514
10
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