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HomeMy WebLinkAboutUP 02-02PROJECT SUMMARY SHEET FILE #: UP 02-02 PROJECT TYPE: Use Permit APPLICANT: Steve Beglau ADDRESS: 3825 Pentz Rd., Paradise, CA 95969 OWNER: same ADDRESS: REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Use Permit for a family cemetery measuring 40'x 40' on a +-50acre parcel zoned U. PROPERTY ZONED:' U (Unclassified) LOCATED: 3825 Pentz Road, approx. one mile north of the Pentz Rd./Durham-Pentz intersection, south of the Town of Paradise, in the Paradise area. AP#: 041-470-076 TOWN/AREA: Paradise GENERAL PLAN DESIGNATION: A -R (Agricultural Residential) 1. Application complete: July 5, 2001 Amount: $ 1,078 Receipt #: 19648 2. Comments sent to: Development Services Director, Public Works Director, Environmental Health, Assessor, Building Manager, Sheriff, LAFCo, Butte Co. Farm Bureau, Town of Paradise, Agricultural Commission, California Department of Forestry 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Stephen Hackney 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: d - 0 Display Ad Prepared: 11. Notices Mailed: - - O Number of Notices: 5 12. Newspaper Publication Date: - a 6 - O 13. Planning Commission Hearing(s): ,) - 9- 4 Action taken: Special Conditions: Commission Resolution No. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: 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 Technici Ordinance No: Adopted: Fish & Game Fees Paid: Yes No 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 wS4 46-77-cci aV-V r P w Date 04/15/02 Time 4:13 pm UP 02-02 fe'velopment Services DepartIlOn t Applicant Billing Worksheet Steve Beglau 3825 Pentz Road Paradise, CA 95969 In reference to,: UP 02-02 Rounding : None Full Precision : No Last bill Last charge 08/31/01 Last payment 04/15/02 Amount Date/Slip# Description 06/23/01 Diane L. / C #36232 Clerical 07/07/01 Lynn R. / C #36365 Clerical 07/07/01 Larry P. / P #36444 Processing 07/07/01 Steve H. / P 436458 Processing 07/07/01 Diane L. / C #36486 Clerical 07/23/01 Steve H. / P #36550 Processing 08/06/01 Lynn R. / C #36799 Clerical 08/20/01 Steve H. / P 437110 Processing TOTAL BILLABLE TIME CHARGES TOTAL BILLABLE COSTS $439.00 Page 1 HOURS/RATE AMOUNT TOTAL 0.25 8.50 34.00 1.00 45.00 45.00 1.00 59.00 59.00 1.00 59.00 59.00 2.00 68.00 34.00 2.00 118.00 59.00 0.50 22.50 45.00 1.00 59.00 59.00 8.75 $439.00 $0.00 TOTAL NEW CHARGES $439.00 Date 04/15/02velopment Services Departn0lit Time 4:13 pm Applicant Billing Worksheet UP 02-02 :Steve Beglau (continued) PAYMENTS/REFUNDS/CREDITS 07/05/01 Deposit - Receipt #19648 04/15/02 Refund/claim form to Auditor 04/15/02 Payment - thank you TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE (700.00) 700.00 (439.00) Page 2 TOTAL NEW BALANCE $0.00 Date 03/22/02 f0evelopment Services DepartAt Time 12:35 pm Applicant Billing Worksheet UP 02-02 Steve Beglau 3825 Pentz Road Paradise, CA 95969 In reference to UP 02-02 Rounding None Full Precision No Last bill Last charge 08/31/01 Last payment / / Amount Date/Slip# Description 06/23/01 Diane L. / C #36232 Clerical 07/07/01 Lynn R. / C #36365 Clerical 07/07/01 Larry P. / P #36444 Processing 07/07/01 Steve H. / P #36458 Processing 07/07/01 Diane L. / C #36486 Clerical 07/23/01 Steve H. / P #36550 Processing 08/06/01 Lynn R. / C #36799 Clerical 08/20/01 Steve H. / P #37110 Processing TOTAL BILLABLE TIME CHARGES TOTAL BILLABLE COSTS : $0.00 HOURS/RATE 0.25 34.00 1.00 45.00 1.00 59.00 1.00 59.00 2.00 34.00 2.00 59.00 0.50 45.00 1.00 59.00 8.75 AMOUNT 8.50 45.00 59.00 59.00 68.00 118.00 22.50 59.00 Page 12 TOTAL $439.00 $0.00 TOTAL NEW CHARGES $439.00 Date 03/22/02 Development Services DepartmRt Time 12:35 pm Applicant Billing Worksheet UP 02-02 :Steve Beglau (continued) PAYMENTS/REFUNDS/CREDITS 07/05/01 Deposit - Receipt #19648 (700.00) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE New Current period (261.00) Page 13 ($700.00) TOTAL NEW BALANCE ($261.00) OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING I,. 1 RECEIPT 19648 ISSUED BV 0 15015�.'3`... :.. 44 '►� DATE RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE /N NOEOD F/G FEE OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING I,. 1 RECEIPT 19648 ISSUED BV 0 DEPARTMF T OF DEVELOPMENT SERVICES BUTTIWOUNTY UNIFORM APP&ATION APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: STEVE 67"() Pq I -- 42 U - O (o ADDRESS:CITY, STATE & ZIP CODE: FILE NUMBER: (FOR OFFICE USE) 16 NAME OF PROPOSED PROJECT( If any) TELEPHONE ('Abi.ILY ?tar CEM, -T,1 Z,-� ( ) '277--S%15 LOCATION OF PROJECT ( Major cross streets and Address, if any) M� • TION REVH\ELGENERAL1NFVRMA Z OWNER'S NAME TELEPHONE ( ) ADDRESS: CITY, STATE & ZIP CODE: ZONE GENERAL PLAN EXISTING LAND USE ' CFew �ID yU h j G /� RA c " 1 STIE SIZE ( in Square Feet or Acres ) EXIS G S'I;RjJC TURFS (in Square Feet) PROPOSED STRUCTURES (in Square Feet) p' l� (Check One) (Check One) O PROPERTY OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPER [S OR PROPOSED TO BE ON SEPTIC PROPERTY&R PROPOSED TO BE ON WELL WATER APPLICATION RE_qUES TE O GENERAL PLAN AMENDMENT O TENTATIVE SUBDIVISION MAP C3 REZONE 0� O TENTATIVE PARCEL MAP J5 USE PERMIT \ WAIVER OF PARCEL MAP O MINOR USE PERMIT O OUNDARY LINE MODIFICATION C3 VARIANCE O�' a(i LEGAL LOT DETERMINATION O MINOR VARIANCE 6���GO�\S\ G CERTIFICATE OF MERGER C ADMINISTRATIVE PERMIT PNC� C3 MINING AND RECLAMATION PLAN O DEVELOPMENT AGREEMENT \ / O OTHER t PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) x Lr g al OWNER CERTIFION ATI C I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (Ifan agent is to be authoized, execute an affidavit of authorization and inclqvziL de the affidaviCwith this application.) "ARED , llZ, / iS J :.SIGNATURE:-, ''� To Butte Department of Print Name of Agent and AGENT AUTHORIZATION is hereby authorized to process this plication for _ on my property, identified as Butte Coun Assessor This authorization allows representation for app documents necessary for said processing, but no c interest. Owner(s) of Record: (sign and print Print Name Signature Architect and/or/gngineer: Print Name and Phone Number 9 Pard Number rations, hearings, appeals, etc. and to sign all uding document(s) relating to record title Print Name Signature Mailing Address ,�1.. FOR OFFICE USE ONLY Q 5 �p0\ Verify: JVL Date Received: - :5 ��� `,� ouri Received: ePNN\N� AP Number(s) Q� Legal Description Owners Authorization Zoning Requirements ✓ Pro'ect Description Copies of plot plan Taken by . Receipt No. '199.q E.H. LD Plan FD 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 $ i0_ as of Make check payable to "Butte County Treasurer". COUNTY OF BUTTE ENVIRON NTAL INFORMATION FORM o be pleted By Project Applicant) Date Filed 4—In I _GeneraInforr- mation: 1. Nam 'and address of owner, and/or developer, and/or project sponsor: OC &G!_AD 2. Address of project: 3W0 Assessor's Parcel Number. ft l'70 0 71., 3. Name, address, aid telephone number of person to be contacted concerning this project: Sme:- lam, Lac 87-7 - S71,4;- 4. BIG; 4. List and "describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: J_XQ9- 5. Existing general plan designation: A rZ 6. Existing zoning district: U 7. How is land currently used? RMtD�tAL Z 1 LMP r,69- AL 1AA1_QQA2,a,Z. 8. Proposed use of site (Project for which this form is filed): Feu w Project Description: 9. Site size: Q * `4Q' %Ap' Em1 a� (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: 61A Total: 11. Plans attached Yes)L No 12. Proposed development schedule _ AIN 13. Associated projects �fs a 14. Anticipated incremental or phased development Attach description of project containing the following information: 15. If residential, include the nurylber of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type�lvh er neighborhood, city or regionally oriented, square footage of sales area and loading facilities. I 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 0 Butte County Department of Development Services O Planning Division ❑ 1 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 Clea y 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). 0 Butte County Department of Development Services O Planning Division O P% YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of X ground contours. _ 21. Change in scenic views or vistas from existing residential areas lands or public or roads. 22. Change in pattern or character of general area of project. _ 23. Significant amounts of solid waste or litter. _ i< 24. Change in dust, ash, smoke, fumes or odors in vicinity. _ X 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 districts). special _ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. _ 0 Butte County Department of Development Services O Planning Division O P% Environmental Setting: (Attach brief description) 32. Describe the project site 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. :• Dat � •. Sigrat K:\FORMS\SUBMITTAL\ENV-INFO 14b/.x qD I p, -r or- IJAT6tFAZ- GrRAS6L-AND (�M�` �'I � t. o��GS� �►ttH Nb S��P.�S N6 CPA J,o Re- MAS _rb PASA SURAouWW I�S . oIZT1Z@rS Cume- Uy, Slwa1 - F4 M IUe R&S I D � FAR Q -AQK- 6WLC Usk O Butte County Department of Development Services ❑ Planning Division O 3 USE PERMIT APPLICATION PACKET CHECKLIST This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. Applicant Planner 1. A completed, signed, Uniform Application and Environmental Information .form. If the application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. 2. ❑ Payment of the currently required Application Fee and/or Deposit (Any unused portion of the deposit will be returned upon final action, if any remains.) (Planner advises applicant) 3. � Thirty-five(35) copies of plans which shall include a detailed site plan drawn to scale. All plans shall be drawn on uniform size sheets no =ate than 24" x 36". The finished plans shall be folded to 8 %i" x 11 ". The detailed site plan must include: a. Name and address of Applicant, Engineer and/or person whopre Ll�-,/ scf v pw b. /Property lines and lot dimensions c. Assessor Parcel Number(s) and the street address. g�ZSE TWO PIANN�N� �1V1S,ON d.. Proposed use and/or uses of the property. e. ❑ Q/ Proposed landscaping plan, if applicable. Dimensioned locations of existing and proposed improvements on the property (including, but not limited to, buildings, driveways, parking areas, wells, septic tanks and leach fields). g. Distances from any significant natural and constructed features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, to the property lines. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE 1 h. Location of all slope banks, ponds, creeks, buttes, sloughs, rock outcroppings, P Shs, natural drainage courses, irrigation canals and existing vegetation worthy of consideration for preservation, such as oak trees. I. ❑ LTJ Any existing faults or fractures and geologic hazards. N� j• t North arrow and scale of drawing. All plans shall be drawn to an engineering ineerin scale with the preferred scale of 1" = 20', with a north arrow preferably oriented to the ton met. k. LTJ All plans must be clear and.legible. 4. ❑ ❑ O e copy of 8 %z" x 11" transparency reduction of the detailed site plan. A 5. A vicinity map showing closest major cross streets, zoning and existing land use. After a meeting with a Butte County Planner the following checked items will he required to be submitted at the time of applica_ tion: (optional) 6 • set of colored plans mounted on foam board ' c u e an illustrative site plan, illustrative buildinge e cessary cross-sections. Portions of this 7. ❑ 8. 9. U One ire m yy e waived by the Planning Manager. Portions sepia for each sheet in the plan lJ Detailed site plan including the following: a. LT Building setbacks from the ultimate road right-of-way (front, rear, sides). b. v Proposed and existing on-site driveways and/or roads. NO Plan. C. Location, height, and materials of walls and fences (sections may be required). d. ® LJ" All driveways, drawn to scale, on adjacentt properties within 100 feet of the subject site. IF INSUFFICIENT INFORMATION IS SUBMTTTED, THE APPLICATION WILL BE DEEMED INCOMPLETE 2 i e. ❑ `'❑— Existing curbs, gutters, sidewalks and existing paving widths on-site or within 100 feet of the site, on a jacent and across the street properties. f. Typical street section(s). g. LJ Nearest cross streets on both sides with plus or minus distances from subject site. h.. El OXApproximate location of all buildings within 100 feet, on a ja n properties, I. ❑ ❑—Proposed method of sewer and water connection or alternative method of sewage disposal and potable water supply. j . ❑ -❑-"- *Existing and nearest fire hydrants. A10 k. ❑ -❑— Access, both pedestrian and vehicular, showing service areas and points of ingress and egress. 1. ❑ Internal circulation pattern. m. ❑ -0—Elevation contours, at a minimum per USGS maps. 10. _ ❑ e -Si e 1 The plan should include a graphic scale and north arrow, all proposed and existing improvements, landscape concepts such as earth mounding and meandering walkways, walls, ground cover, trees, shrubs, shadows, paving and other elements as may be necessary to illustrate tnhr site plan. (Dimensions may be excluded from this plan.) 11. ❑ ❑ Conc an Items to be shown include: a. ❑ -0' Natural areas to be preserved. b. ❑ -❑Proposed cut and fill areas in contrasting colors of zipatone pattern. l c. ❑ "❑— Existing and proposed contours within 100 feet of project boundaries. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 V d. ❑ G' Proposed drainage and flood control facilities. e. ❑ 0_ Erosion control measures (e.g. - slope landscaping)i f. ❑ -- Natural drainage. g. ❑ ❑-- Elevations and finished contours. h. ❑ r -E3 Location of retaining walls, drainage channels and existing structureso I. ❑ --E— Location, elevation and size of proposed building pads. 12. ❑ --13—Illustrative Building Elevations Illustrative building elevations showing all sides of existing and proposed buildings and structures. Illustrative building elevations means architectural elevations showing typical materials to be used, trees, landscaping and shadows to give the elevations graphic dimension. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Signature: 4�LL,. Planner eceiving Applicatio K:\FORMS\SUBMITAL\CHECKLIS\USEPERMI.FRM Date r IF INSUFFICIENT INFORMATION IS SUBNH=, THE APPLICATION WELL BE DEEMED INCOMPLETE. 4 041470076000 BEGLAU STEVEN A & CHARLIN A 1124-F ORO DAM BLVD OROVILLE CA 95965 041080121000 TAYLOR SHARON JENSEN ETAL TC 408 NOTTINGHAM DRIVE REDLANDS CA 92373 041460020000 FUNK HAROLD ANTHONY ETAL 3849 SILVERA CT PARADISE CA 95969 041470100000 HILLOCK ROBERT J & MELINDA L P O BOX 2289 PARADISE CA 95967-2289 i 041080023000 COOKE RON CHARLES SS 3657 DRY CREEK RD OROVILLE CA 95965 041080122000 PARSONS WILLIAM LEONARD ETAL 42304 BALD MOUNTAIN RD AUBERRY CA 93602-9784 041470071000 STEVENS KEITH R SR & DARLENE F 1378 SAN MIGUEL DR BEAUMONT CA 92223-1530 041470101000 WAKE WIGGO & DARLENE 4520 CAROUSEL WAY PARADISE CA 95969 041080047000 MENEFEE PAUL F & ANN M 3731 DRY CREEK RD OROVILLE CA 95965 041460019000 KIRBY WILLIAM J & RAMONA J 3920 PENTZ RD PARADISE CA 95969 041470075000 DAVIS JAMES H & EVA R CP 3857 PENTZ ROAD PARADISE CA 95969 041470103000 PETLACK WILLIAM & CONNIE P O BOX 2092 PARADISE CA 95967 041470104000 041460023000 SCHRADER PETER H & HILDEGARD MOUNT RUSSELL & EUBA A J:\projects\Larrys\Exhibits\up0202.doc 3825 SILVERA COURT P O BOX 368 PARADISE CA 95969 PARADISE CA 95967 . ' � ' . ~ � .�� ' ` ` . . � ` �)^ \. �'^ ' � � ' . ^ �' . ' `. - ' '1 ^ -., ` , �. � ^ .- � ^ ' ^� ' ~, �. ' !' ' � ' . . '' �. ' . . - . . , � ' _ . / ' �' � - ' '1 ^ -., || .�� ' Smooth Feed SheetSTM Use template for 51600 041470076000 041080023000 041080047000 BEGLAU STEVEN A & CHARLIN A I COOKE RON CHARLES SS MENEFEE PAUL F & ANN M 1124-F ORO DAM BLVD 3657 DRY CREEK RD 3731 DRY CREEK RD ! OROVILLE CA 95965 OROVILLE CA 95965 OROVILLE CA 95965 I 041080121000 041080122000 041460019000 TAYLOR SHARON JENSEN ETAL TC ; PARSONS WILLIAM LEONARD ETAL KIRBY WILLIAM J & RAMONA J 408 NOTTINGHAM DRIVE 42304 BALD MOUNTAIN RD 3920 PENTZ RD REDLANDS CA 92373 ; AUBERRY CA 93602-9784 I PARADISE CA 95969 041460020000 1 041470071000 1 04147p075000 FUNK HAROLD ANTHONY ETAL STEVENS KEITH R SR & DARLENE F DAVIS JAMES H & EVA R CP 3849 SILVERA CT 1378 SAN MIGUEL DR 3857 PENTZ ROAD PARADISE CA 95969 BEAUMONT CA 92223-1530 1 PARADISE CA 95969 041470100000 041470101000 041470103000 HILLOCK ROBERT J & M ELINDA L WAKE WIGGO & DARLENE 1 PETLACK WILLIAM & CONNIE P 0 BOX 2289 4520 CAROUSEL WAY P O BOX 2092 1 PARADISE CA 95967-2289 PARADISE CA 95969 PARADISE CA 95967 1 041470104000 041460023000 C SCHRADER PETER H & HILDEGARD MOUNT RUSSELL & EUBA A J;\projects\Lazrys\Exhibits\up0202.doc 3825 SILVERA COURT P 0 BOX 368 PARADISE CA 95969 PARADISE CA 95967 I F AVERY low AVERY i AVERY AVERY l AV 0 V e rat Y, G" ir-Mmil M- wommwl— I , E PA'V ERY AN IN..... .. ... -pill ton 06 ......... . e • 1): ct ' x , C 57.27 ac �,FM,F536n _ 1 `1 v o x )h ;ori:• � , ;.k,•j-fes I ,_ � ,.''�� - .� _ pUD �2 _ • x5 BUTIrE COUNTY PLANNING COMMISSION, Supervisorial Applicant:, Steve BeglauOwner: n Hearing 1: 11 1 am.i i :• Request: Use Permit ncemetery,measuring 40'x40'on a 50+/-p. District Assessor041-470-076 1 1 �:i' :;#ter �.isti�:�,�:<• , DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buttecounty.net May 29, 2002 Steve Beglau 3825 Pentz Road Paradise, CA 95969 RE: Withdrawal Request for Use Permit File No. UP 02-02, APN: 041-470-076 Dear Mr. Beglau: We have received your request for a withdrawal of the above -referenced project. The total application fee is $1,078.00, of which $185.00 is disbursed to Environmental Health, $150.00 to Land Development and $43.00 to Butte County Fire Department/CDF. The amount received on account to Planning is $700.00. - J The complete application fee in the amount of $1,078.00 will be refunded to you. Please sign the enclosed claim forms and return them to this office. Once we receive the signed claim forms, we will process your refund. If you have any questions, please contact this office between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday at 538-7601. Sincerely, CialA-e- ('_t Diane Lewellen Office Assistant III Enclosure Up 02-02.Itr CLAIMANT: ADDRESS: CITY & STATE: DATE OF CLAIM COUNTY OF BUTTE Oroville, California GENERAL CLAIM Steve Beglau 3825 Pentz Road Paradise, CA 95969 May 29, 2002 • SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES 'WPORTANT.- SEE INSTRUCTIONS ON REVERSE SIDE DATE DESCRIPTION OF CLAIM DESCRIBE FULLY TO AVOID DELAY AMOUNT 5/29/02 Application for Use Permit, File #UP 02-02, APN:041-470-076 $700. 00 Accepted in Error - FULL REFUND Planning Division TOTAL $700. 00 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 , 20_, at Calif. Signature of Claimant I, the undersigned, hereby certity 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 [ ] or Specific Board Approval (] (Check one) for the same. Dated this day of 20_, at , Calif. Department Head or Authorized Deputy Dept. Code 480-001 Ex . Code 4210900 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE -AUDITOR'S USE ONLY DEPT. & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. CLAIMANT: ADDRESS: CITY & STATE: DATE OF CLAIM COUNTY OF BUTTE Oroville, California GENERAL CLAIM Steve Beglau 3825 Pentz Road Paradise, CA 95969 May 29, 2002 SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES IMPORTANT. SEE INSTRUCTIONS ON REVERSE SIDE DATE DESCRIPTION OF CLAIM DESCRIBE FULLY TO AVOID DELAY AMOUNT 5/29/02 Application for Use Permit, File #UP 02-02, APN:041-470-076 $150. 00 Accept d in Error - FULL REFUND Public Works Division TOTAL $150. 00 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 , 20_, 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 [ J or Specific Board Approval [ J (Check one) for the same. Dated this day of 20_, at Calif. Department Head or Authorized Deputy Dept. Code 440-004 Ex . Code 4611700 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE - AUDITOR'S USE ONLY DEPT. & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. CLAIMANT: ADDRESS 0 Steve Beglau 3825 Pentz Road COUNTY OF BUTTE Oroville, California GENERAL CLAIM CITY & STATE: Paradise, CA 95969 DATE OF CLAIM: May 29, 2002 • SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES IMPORTANT. SEE INSTRUCTIONS ON REVERSE SIDE DATE DESCRIPTION OF CLAIM DESCRIBE FULLY TO AVOID DELAY AMOUNT 5/29/02 Application for Use Permit, File #UP 02-02, APN:041-470-076 $45. 00 Accepted in Error - FULL REFUND CDF Division TOTAL $45. 00 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 , 20_, 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 [ ] or Specific Board Approval [ ] (Check one) for the same. Dated this day of 20_, at Calif. Department Head or Authorized Deputy Dept. Code Ex . Code PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE - AUDITOR'S USE ONLY DEPT. & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. CLAIMANT: ADDRESS: CITY & STATE: DATE OF CLAIM 0 COUNTY OF BUTTE Oroville, California GENERAL CLAIM Steve Beglau 3825 Pentz Road Paradise, CA 95969 May 29, 2002 SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES IMPORTANT. - SEE INSTRUCTIONS ON REVERSE SIDE DATE DESCRIPTION OF CLAIM DESCRIBE FULLY TO AVOID DELAY AMOUNT 5/29/02 A lication for Use Permit, File #UP 02-02, APN:041-470-076 $185. 00 Accepted in Error - FULL REFUND Environmental Health Division TOTAL 1 $185. 100 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 , 20_, 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 [ ] or Specific Board Approval [ ] (Check one) for the same. Dated this day of 20_, at Calif. Department Head or Authorized Deputy Dept. Code 540-003 Ex . Code 4614901 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE -AUDITOR'S USE ONLY DEPT. & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. 91 STE F Wednesday, May 15, 2002 Butte County Dept. of Development Services 7 County Center Dr. Oroville, CA 95965-3397 RE: UP 02-02 APN#041-470-076 Dear Diane Lewellen, DS 0* In regard to your letter dated April 15, 2002. It has come to my attention that the amount of payment made in regard to the use permit mentioned UP 02-02 was not $700.00 but in fact was $1078.00. This is the amount of the returned check from by bank. I have enclosed a copy of the returned check for your records. I have also enclosed a copy of the letter Director Tom Buford sent me that stated the entire amount would be returned if I withdrew my application. If you could re -issue the claim form in the proper amount or notify me on how I can modify the current one in my possession, I would be very appreciative. )Siwqely, Steve Beglau 2250 Myers Street • Oroville, California 95966 530-533-7545 (FAX) 530-533-2926 C� )7/09/01 PAY TO THE ORDER OF IZfA-OD^7- c. US 8 5340133973OF 01, 71 153401339731 ORD ? 91 F DEPOSIT .ON LY, ,, DICK PUELICHEF Z =BUTTE COUNTY Tqc ticI Ip' _ - l�ilc267fi D7£'i .72 4 L... TAX 6011E6TOR S/T 059. ID 90 PN`T 13 ? April 15, 2002 Steve Beglau 3825 Pentz Road Paradise, CA 95969 RE: UP 02-02 APN# 041-470-076 Dear Mr. Beglau: �.: Eiatte Count, L A N D O F N A T U R A L W E A L T H A N D B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.buttecounty.net The total cost for the processing of the above -referenced application has been waived. Please sign, date, and return the enclosed claim form to this office. Once we receive the claim form, we will then process your refund in the amount of $700.00. Deposit on 7/5/01, Receipt #19648 $ 700.00 Refund Due $ 700.00 Should you have any questions, please contact this office Monday through Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, L� Diane Lewellen Office Assistant III Enclosure up 02-02.I1r CLAIMANT: ADDRESS: CITY Et STATE: DATE OF CLAIM: C� Steve Beglau 3825 Pentz Road Paradise, CA 95969 April 15, 2002 COUNTY OF BUTTE Oroville, California GENERAL CLAIM SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES • IMPORTANT: SEE INSTRUCTIONS ON REVERSE SIDE DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT 4/15/02 Refund of Deposit Fees, File # UP 02-02 $700. 00 TOTAL $700. 00 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 , 20_, 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 [ ] or Specific Board Approval [ ] (Check one) for the same. Dated this day of , 20_, at Calif. Department Head or Authorized Deputy Dept. Code _ 480-001 Ex . Code 4210900 PAYABLE FROM General FUND DO NOT WRITE BELOW THIS LINE -AUDITOR'S USE ONLY DEPT. & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. • 0 INSTRUCTIONS TO CLAIMANTS All claims against the county must be itemized, giving dates and character of service rendered or work performed, quantities, description and unit prices of articles furnished or delivered. Claims must be certified by the claimant and submitted to the Department head for approval. Upon approval the Department head will forward claim to County Auditor for payment procedure. Do not file with the County Auditor first. Claims should be presented to officials for approval immediately upon completion of services requested or material ordered. Compliance with above will expedite payment of claim, failure to do so may delay payment considerably. STE F November 16, 2001 Director's Office Department of Development Services 7 County Center Dr. Oroville, Ca 95965 Re: Application for Conditional Use Permit #UP 02-02 . Dear Mr. Buford: DS 0,- I I am writing to formally request the withdrawal of my application for a conditional use permit. In your letter dated August 21 of this year, you mentioned that upon my request a full refund of application fees would be made. I am also requesting that refund. I am sorry this process could not be completed as proposed. But would like to let Mr. Hackney know what a help he has been, and that all his hard work on my behalf, was very appreciated. Sincerely, Steve BeQ p E C E 0 V E -BUTTE:COUNW- 2250 Myers Street • Oroville, California 95966 530-533-7545 (FAX) 530-533-2926 '7�-����� b1f t� luu A,-uAI;cw,v ,tL",,eW1 l" i�j Twp w� t-���1�1 0 0 Mr. Steve Beglau August 21, 2001 Page 2 County level, the Department of Public Health indicates that the Butte County Zoning Ordinance provisions set forth above does not provide an basis for allowing or regulating cemeteries independent of the state law. I agree with the conclusion reached by the Department of Public Health. While we would prefer to facilitate your request, we cannot do so. Mr. Hackney has indicated that it might be possible for you to annex the subject property to an existing cemetery district. We have not yet reviewed that issue in detail. While such an approach may be feasible, it has not, to my understanding, been done before, and would require review by our Department, the Local Agency Formation Commission (LAFCo), and perhaps Public Health. If you wish to pursue that effort, I suggest you either contact LAFCo, or we can arrange a meeting to discuss the issue with that agency. You may wish to contact Paula Leasure, the Executive Officer at LAFCo, to discuss the issue in greater detail. Her telephone number is (530) 538-7784. If you wish to pursue further discussions with the Department of Public Health, you may contact Gary House, Director, at (530) 538-7750. You may also contact me at (530) 538-6821 to discuss the issue. At this point, you may either withdraw the application, or request that we proceed with the processing through the Planning Commission. 'If you choose to withdraw the application, I will;' approve a refund of the entire application fee. If you request that we proceed with an investigation of the annexation issue, we will cooperate, but processing fees will be charged. I appreciate that this is a difficult time for you and your family, and I regret we are unable to provide a more positive outcome. I also want to make sure you are aware that Mr. Hackney has worked with diligence on this file, -and has taken the time to research all available avenues that he could identify that would support the proposed use. Please let me know if you have any questions regarding the above. I uford ` \1 Director -Development Services TB:jb cc: Gary House, Director, Department of Public Health Bruce Alpert, County Counsel Steve Hackney, Associate Planner WAIS Document Retrieval . CALIFORNIA CODES HEALTH AND SAFETY CODE SECTION 8115 8115. The governing body of any city or county, in the exercise of its police power, may by ordinance prescribe such standards governing burial, inurnment, and entombment and such standards of maintenance for cemeteries, including mausoleums and columbariums, as it shall determine to be reasonably necessary to protect the public health or safety, assure decent and respectful treatment of human remains, or prevent offensive deterioration of cemetery grounds, structures, and places of interment. Such standards may be made applicable to every public and private cemetery within the city or county. Nothing in this section supersedes any provision of this division or Division 7 (commencing with Section 7000) or authorizes the adoption of local standards in conflict with such provisions, except that city or county ordinances adopted pursuant to this section shall prevail over the rules and regulations of any private or public cemetery to the extent of any conflict. Page 1 of 1 http://www.leginfo.ca.go.../waisgate?WAISdocID=8307221680+0+0+0&WAISaction=retriev 8/9/2001 4 State of California Department of Consumer Affairs CEMETERY PROGRAM Laws, Rules and Regulations 1997 PETE WILSON MARJORIE M. BERTE Governor Director "'TABLE OF CONTENT% - CALIFORNIA CODE OF REGULATIONS I Title 16. Professional and Vocational Regulations Division 23. State Cemetery Board Article 1. General.......................................................... 1 2300. Location of Offices ........................................................... 1 2301. Tenses, Gender and Number ................................................... 1 2302. Definitions................................................................. 1 2303. Delegation of Certain Functions ................................................. 1 2304. Filing of Addresses.......................................................... 2 Article2. Fees.............................................................2 2310. Regulatory Charge.......................................................... 2 2311. Filing Fee................................................................. 3 2312: Cemetery Broker Original License Fee ............................................ 3 2313. Cemetery Broker Re -Examination Fee ............................................ 3 2314. Cemetery Broker License Renewal Fee ........................................... 4 2315. Cemetery Broker Multiple Corporate Officer or Partner License Renewal Fee .............. 4 2316. Cemetery Broker Branch Office License Fee ....................................... 4 2319. Cemetery Salesman Re -Examination Fee ......................................... 5 2320. Cemetery Salesman License Renewal Fee ........................................ 5 2321. Change of Name or Address Fee ................................................. 5 2322. Cemetery Salesman Transfer Fee ................................................ 5 2323. Duplicate License Fee ......................................................... 6 2324. Reinstatement Fee .......................................................... 6 Article 3. Applications and Licenses .......................................... 6 2326. Applications for Cemetery and Crematory Certificates of Authority ....................... 6 2326.1. Managers................................................................ 9 2326.2. Managing Officer Examination ................................................. 9 2327. Cemetery Salesman Application ................................................ 10 2328. Abandonment of Application for Cemetery License ................................. 10 2329. Abandonment of Application for Certificate of Authority .............................. 10 2330. Substantial Relationship Criteria ............................................... 11 2331. Criteria for Rehabilitation..................................................... 11 2332. Interments in Non -Licensed Cemeteries .......................................... 12 Article 4. Signs, Contracts, Literature, Etc . .................................... 13 2336. Nonendowment Care Interment Property in an Endowment Care Cemetery .............. 13 2337. Nonendowment Care Cemeteries .............................................. 13 2338. Cemetery Broker........................................................... 14 2339. Form and Content of Crematory Contracts ........................................ 14 2339.1. Cemetery Contracts; Price Disclosure .......................................... 15 2340. Maintenance of Records ..................................................... 16 Article 5. Annual Reports ................................................... 16 2350. Endowment Care Fund Reports ................................................ 16 2351. Crematory Report .......................................................... 17 Article 6. Special Care Funds ............................................... 17 2370. Special Trusts.............................................................. 18 Article 7. Disciplinary Proceedings ........................................... 18 2381. False or Misleading Representations ............................................ 18 Article 7.5. Citation and Fines ............................................... 19 2382. Issuance of Citations and Fines ................................................ 19 2383. Fines.................................................................. 19 2384. Citation Factors............................................................ 21 2385. Failure to Comply With Order<..................................................22 2386. Contest of Citations......................................................... 22 2387. Unlicensed Practice.......................................................... 23 2388. Failure to File an Annual Report ................................................ 23 '>TABLE OF'CONTENT BUSINESS AND PROFESSIONS CODE OF CALIFORNIA CHAPTER 19. CEMETERIES Article 1. General Provisions 24 ................................................. 9600-9609 Article 2. Administration 26 ..................................................... 9625-9631 Article 3. Regulation of Cemeteries ............................................ 28 9650-9662 Article 4. Cemetery Brokerage Regulations ...................................... 34 9675-9686 Article 5. Licenses and Certificates of Authority ................................... 37 9700-9720 Article 6. Disciplinary Proceedings ............................................. 42 9725-9737 Article 6.5. Cremated Remains Disposers ....................................... 46 9740-9749.5 Article7. Fees ............................................................48 9750-9770 Article 8. Crematories....................................................... 51 9780-9789 HEALTH AND SAFETY CODE OF CALIFORNIA Division 7. Dead Bodies Part 1. General Provisions ................................................... 54 Chapter 1. Definitions ................................................. 54 ,Chapter 2. General Provisions ........................................... 57 Chapter 3. Custody, and Duty of Interment ................................. 61 Chapter 3.5. Uniform Anatomical Gift Act .................................. 67 Chapter 3.7. Death ................................................... 75 Article 1. Uniform Determination of Death Act ......................... 75 Article 2. Confirmation of Death .................................... 76 Chapter 4. Disposal of Unclaimed Dead ................................... 77 Chapter 5. Embalming and Transportation ................................. 78 Article 1. Embalming ............................................. 78 Article 2. Transportation ........................................... 79 Part 2. Disinterment and Removal ............................................. 79 Chapter 1. General Provisions ........................................... 79 Article 1. Permits ................................................ 79 Article 2. -Consent to Removal ...................................... 80 HEALTH AND SAFETY CODE OF CALIFORNIA Division 8. Cemeteries Part 1. General Provisions ................................................... 81 Chapter 1. Cemetery Defined ........................................... 81 Chapter 2. Vandalism .................................. .............81 Chapter 3. Records ....................................." ' . ... .... 82 " Chapter 3.5. Requirements for Burials .................. s,.�.;;�� .4 : , ... ... 82 Chapter 4. Local Regulation of Cemeteries ...................��-�:.... 83 Chapter 5. Change in Use ................................»ria; • ... 84 Part 2. Public Cemeteries ..................................... `:� .. i-84 Chapter 1. General Provisions ............................ ` t.+,84 Part 3. Private Cemeteries .......... . ............................'` Chapter 1. General Provisions ................................ Chapter 2. Operation and. Management . Ix X87 Article 1. General Provisions ...................................� 87r=' Article 2. Rules and Regulations............................1�`r Article 3. Police Power...................................''?`�'9Q;w` Article 4. Records ............................................. Article 5. Operation of Crematories ........................... : . .. . 0. Article 6. Contract Limitations ..................................... 93 i Article 7. Restrictions on Officer....................................93 k , Chapter 3. Acquisition, Dedication and Sale ............................... Article 1. Acquisition of Property .................................... 94 Article 2. Declaration of Intention ................................... 94: Article 3. Dedication ............................ .............. 94. Article 4. Sale of Plots ............................................ 97 Article 5. Removal of Dedication .............. . ..................... 97 Article 6. Transfer of Cemetery Ownership ............................ 98 7 Chapter 4. Property Rights ............................................. 99 r Article 1. General Provisions......................................100 Article 2. Joint Tenants .......................................... 100 Article 3. Family Interment Plots ................................... 101 Article 4. Vested Right of Interment................................101 Article 5. Voluntary Establishment of Inalienability ..................... 101 Chapter 5. Endowment and Special Care.................................102 Article 1. Care of Old Cemeteries..................................102 Article 2. Care of Active Cemeteries ............................... .. 104 Article 3. Investment of Endowment Funds ........................... 110 l Article 4. Special Care ........................................ 111 Article 5. Misrepresentation as to Endowment ........• . • ... •• ..... • , 112 Article 6. Penalties'.............................................113 Chapter 7. Abandonment ..............................................113 HEALTH AND SAFETY CODE OF CALIFORNIA Division 8. Cemeteries (Continued) Part 4. Public Cemetery Districts ............................................. 114 Chapter 1. General Provisions .......................................... 114 Chapter 2. Petition ................................................... 115 Chapter 3. Notice of Hearing ........................................... 115 Chapter 4. Hearing ..................................................115 Chapter 5. Protest and Election ......................................... 116 Chapter 6. Government ................................................ 117 Chapter 7. Powers........... ......................................120 Chapter 8. Finance and Taxation ....................................... 121 Article 1. Estimate of Expenses .................................... 128 Article 2. Taxation .............................................. 128 Article 3. Trustees Report ......................................... 128 Article 4. Perpetual Care Fund .................................... 129 Article 5. Claims ............................................... 130 Chapter 9. Annexation of Territory ....................................... 131 Article 1. Petition ............................................... 131 Chapter 11. Effect on Previous Laws .................... t ................ 131 Chapter 12. Abandonment .......................................... . 132 Article 1. Abandonment of Cemeteries .............................. 132 Article 2. Abandoned Cemetery Plots ............................... 132 Chapter 13. Mausoleums .............................................. 137 Part 5. Mausoleums and Columbariums......................................... 140 Chapter 1. General Provisions .......................................... 140 Chapter 2. Enforcement ............................................... 140 Chapter 3. Permits and Plans ....................................... 141 Article 1. General Provisions ...................................... 142 Article 2. Application, Permit and Certificate of Occupancy .............. 142 Article 3. Cancellation of Permit ................................... 142 Article 4. Expiration of Permit ..................................... 144 Chapter 4. Inspection and Approval ..................................... 144 Chapter 5. Construction ............................................... 144 Article 1. General Provisions ...................................... 144. Article 3. Structural and Material Requirements of Private Mausoleums and Columbariums .........................................148 Chapter 6. Penalties .................................................149 iv HEALTH AND SAFETY CODE of CALIFORNIA DIVISION 8. CEMETERIES PART 1. GENERAL PROVISIONS Chapter 1. Cemetery Defined S8100. Six or more human bodies being buried at one place constitute the place a cemetery. Leg.H. (Enacted by Stats. 1939, Ch. 60.) Chapter 2. Vandalism S8101. Every person is guilty of a crime and punishable by imprisonment in the state prison or by imprisonment in the county jail for not exceeding one year, who maliciously does any of the following: (a) Destroys, cuts, mutilates, effaces, or otherwise injures, tears down, or removes any tomb, monument, memorial, or marker in a cemetery, or any gate, door, fence, wall, post or railing, or any inclosure for the protection of a cemetery or mortuary or any property in a cemetery or mortuary. (b) Obliterates any grave, vault, niche, or crypt. (c) Destroys, cuts, breaks or injures any mortuary building or any building, statuary, or ornamentation within the limits of a cemetery. (d) Disturbs, obstructs, detains or interferes with any person carrying or accompanying human remains to a cemetery or funeral. establishment, Qr engaged in a funeral service, or an interment. Leg.H. (Amended by Stats. 1982, Ch. 1413, Sec. 1.) S8102. Any person violating any provision. of this chapter is liable, in a civil action by and in the name of the cemetery authority, to pay all damages occasioned by his unlawful acts. The sum recovered shall be applied in payment for the repair and restoration of the property injured or destroyed. Leg.H. (Enacted by Stats. 1939, Ch. 60.) S8103. The provisions of this chapter do not apply to the removal or unavoidable breakage or injury, by a cemetery authority, of any thing placed in or upon any portion of its cemetery in violation of any of the rules or regulations of the cemetery authority, nor to the removal of anything placed in the cemetery by or with the consent of the cemetery authority which has become in a wrecked, unsightly, or dilapidated condition. Leg.H. (Enacted by Stats. 1939, Ch. 60.) 81 BUTTE COUNTY PLANNING COMMISSION NOTICE OF A CANCELED PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that the public hearing published for Thursday, August 9, 2001, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item has been canceled: ITEM DETERMINED TO BE A GENERAL RULE EXEMPTION FROM ENVIRONMENTAL REVIEW 9:30 a.m. - Sieve Beglau, Use Permit to allow a family cemetery, for five (5). human remains, measuring 40 feet by 40 feet on a 50 +/- acre parcel.. The property is zoned "U" (Unclassified) and is located at 3825 Pentz Road, approximately one mile north of the Pentz Road/Durham-Peutz intersection, south of the Town of Paradise. APN 041-470- 076 (SH) (UP 02-02) BUTTE COUNTY PLANNING COMMISSION To be published in the Paradise Post on Saturday, August 4, 2001 m rl 0 C d ;.tea w s(:Sl moll �.� LV� 0.Con��o� $fib AWk { 1 J�Jr3 t c COM 7,1 6) 1-..o CA Codes (hsc:8250-8253) • HEALTH AND SAFETY CODE SECTION 8250-8253 Q 8250. Except as provided in subdivision (c) of this section, the r provisions of this part do not apply to any of the following: (a) Any religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled, and operated by any of them. (b) Any public cemetery. (c) Any private or fraternal burial park not exceeding 10 acres in .area, heretofore established; provided, however, (1) that the provisions of Chapter 6 (commencing at Section 8800) and Chapter 7 (commencing at Section 8825) of this part are applicable thereto, and (2) all of the provisions of this part shall apply to any such cemetery that collects a care, maintenance or embellishment deposit or funds for commodities or services. 8250.5. As used in Section 8250 of this code, a public cemetery is a cemetery owned and operated by a city, county, city and county, or public cemetery district. 8251. The provisions of this part do not affect the corporate existence of any cemetery organized under any law then existing prior to August 14, 1931, and as to such cemeteries, and their rights, the laws under which the corporation was organized and existed and under which such rights became vested are applicable. 8252. It is unlawful for any corporation, copartnership, firm, trust, association, or individual to engage -in or transact any of the businesses of a cemetery within this State except by means of a corporation duly organized for such purposes. 8253. The powers, privileges, duties and restrictions conferred and imposed upon any corporation, firm, copartnership, association, trust or individual, existing and doing business under the laws of this State, are hereby enlarged or modified as each particular case may require to conform to the provisions of this part notwithstanding anything to the contrary in their respective articles of incorporation, charter or other evidence of organization. Page 1 of 1 http://www.leginfo.ca.gov/cg.../displaycode?section=hsc&group=08001-09000&file=8250-825 7/17/01 CA Codes (hsc:7000-7025) • Page 4 of 4 in whose name an interment plot stands of record as owner, in the office of a cemetery authority. 7024.7 "Permit for Disposition of Human Remains" includes "burial permit and is a permit, issued pursuant to l,aw, for the interment, disinterment, removal, reinterment or transportation of human remains. 7025. "Disposition" means the interment of human remains within California, or the shipment outside of California, for lawful interment or scattering elsewhere, including release of remains pursuant to Section 103060. http://www.leginfo.ca.gov/cg.../displaycode?section=hsc&group=06001-07000&file=7000-702 7/17/01 CA Codes (hsc:7050.5-7055) • • Page 2 of 4 7051.5. Every person who removes or possesses dental gold or silver, jewelry, or mementos from any human remains without specific written permission of the person or persons having the right to control those remains under Section 7100 is punishable by imprisonment in the state prison. The fact that residue and any unavoidable dental gold or dental silver, or other precious metals remain in the cremation chamber or other equipment or any container used in a prior cremation is not a violation of this section. 7052. Every person who willfully mutilates, disinters, or removes from the place of interment any human remains, without authority of law, is guilty of a felony. This section does not apply to any person who, under authority of law, removes the remains for reinterment, or performs a cremation. 7052.5. Notwithstanding the provisions of Section 7052, cremated remains may be removed from the place of interment for disposition as provided in Section 7054.6 or for burial at sea as provided in Section 7117. 7053. Every person who arrests, attaches, detains, or claims to detain any human remains for any debt or demand, or upon any pretended lien or charge, or fails to release any human remains forthwith upon the delivery of authorization for such release signed by the next of kin or by any person entitled to the custody of such remains, is guilty of a misdemeanor. 7054. (a) Except as authorized pursuant to the sections referred to in subdivision (b), every person who deposits or disposes of any human remains in any place, except in a cemetery, is guilty of a misdemeanor. (b) Cremated remains may be disposed of pursuant to Sections 7116, 7117, and 103060, or Sections 7054.6 and 103060. (c) Subdivision (a) of this section shall not apply to the reburial of Native American remains under an agreement developed pursuant to subdivision (1) of Section 5097.94 of the Public Resources Code, or implementation of a recommendation or agreement made pursuant to Section 5097.98 of the Public Resources Code. 7054.1. No cremated remains shall be removed from the place of cremation, nor shall there be any charge for the cremation, unless the cremated remains have been processed so that they are suitable for inurnment within a cremated remains container or an urn. Every contract for cremation services shall include specific written notification of the processing to the person having the right to control the disposition of the remains under Section 7100. 7054.3. Notwithstanding any other provision of law, a recognizable dead human fetus of less than 20 weeks uterogestation not disposed of by interment shall be disposed of by incineration. http://www.leginfo.ca.gov/.../displaycode?section=hsc&group=07001-08000&file=7050.5-705 7/17/01 CA Codes (hsc:8100) . . Page 1 of 1 HEALTH AND SAFETY CODE SECTION 8100 81007 Six or more human bodies being buried at one place constitute the place a cemetery. http://www.leginfo.ca.gov/cgi-binldisplaycode?section=hsc&group=08001-09000&file=8100 7/17/01 CA Codes (hsc:8275-8279) • HEALTH AND SAFETY CODE SECTION 8275-8279 x8275 ? Any private corporation authorized by its articles so to do, .may establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery, either for or without profit to its members or stockholders. 8276. Charges made by a cemetery authority for foundations, for setting of or permitting the setting of, or for endowment care of, grave markers or monuments, shall be uniform whether the marker or monument sale was made by the cemetery authority or by another person, firm, or corporation. The amount charged for the marker or monument, the foundation, the setting, permitting the setting and the deposit for endowment care, shall be separately stated, in the contract of sale, when applicable. 8277. Every contract of a cemetery authority, including contracts executed in behalf thereof by a cemetery broker or salesman, which provides for the sale by the cemetery authority of an interment plot or any service or merchandise, shall be in writing and shall contain all of the agreements of the parties. Such a contract shall include and disclose the following: (a) The total contract price. (b) Terms of payment, including any promissory notes or other evidences of indebtedness. (c) An itemized statement of charges including, as applicable, the following: (1) Charges for an interment plot. (2) Charges for performing burial, entombment, or inurnment. (3) Charges for a monument or marker. (4) Charges for any services to be rendered in connection with any religious or other observance at the site of interment or in any facility maintained by the cemetery. (5) Amounts to be deposited in any endowment care or special care fund. (6) Charges for any insurance to be provided in connection with the contract. (7) Any other charges, which shall be particularized. 8278. In addition to any right of rescission which the purchaser may have under law, a purchaser entering into a contract with a cemetery broker, salesman, or authority for the provision of an interment plot or any service or merchandise, may cancel such contract without payment of a revocation fee or other penalty, within five calendar days after the purchaser signs it, by giving written notice of cancellation to the seller at the address specified in the contract. The notice need not be in any particular form, but shall indicate the purchaser's intent not to be bound by the contract. Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. Every such contract shall contain in immediate proximity to the Page 1 of 2 http://www.leginfo.ca.gov/cg.../displaycode?section=hsc&group=08001-09000&file=8275-827 7/17/01 CA Codes (hsc:8500-8501) • • HEALTH AND SAFETY CODE SECTION 8500-8501 85001 Cemetery authorities may take by purchase, donation or devise, property consisting of lands, mausoleums, crematories, and columbariums, or other property within which the interment of the dead may be authorized by law. 8501. Any cemetery authority which is described in Section 23701c of the Revenue and Taxation Code or is a corporation sole may acquire by eminent domain any property necessary to enlarge and add to an existing cemetery for the burial of the dead and the grounds thereof. Page 1 of 1 http://www.leginfo.ca.gov/cg.../displaycode?section=hsc&group=08001-09000&file=8500-850 7/17/01 CA Codes (hsc:8550-8561) 0 HEALTH AND SAFETY CODE SECTION 8550-8561 8550.7? Every cemetery authority, from time to time as its property may be required for interment purposes, shall: (a) In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks or other subdivisions; make a good and substantial map or plat showing the sections, plots, avenues, walks or other subdivisions, with descriptive names or numbers. (b) In case of a mausoleum, or crematory and columbarium it shall make a good and substantial map or plat on which shall be delineated the sections, halls, rooms, corridors, elevations, and other divisions, with descriptive names or numbers. (c) The maps or plats shall be clearly and legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. If ink is used on a polyester base film, the ink surface shall be coated with a suitable substance to insure permanent legibility. The size of each sheet shall be 18 by 26 inches or as otherwise prescribed by the county recorder or local agency. A marginal line shall be drawn completely around each sheet, leaving an entire blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheets and the total number of sheets comprising the map shall be stated on each of the sheets and its relationship to each adjoining sheet shall be clearly shown. (d) Upon modification of an existing section after January 1, 1990, or development of a new section after January 1, 1990, the cemetery authority shall amend and file with the county recorder or local agency the maps or plats as described in subdivisions (a), (b), and (c). Within 12 months of the initial sale, the cemetery authority shall file with the county recorder or local agency the map or plat. For purposes of this subdivision, "section" means a.burial space, mausoleum, or columbarium. 8551.7 The cemetery authority shall file the -map or plat in the office of the recorder of the county in.which all or a portion of the property is situated. The cemetery authority shall also file for record in the county recorder's office a written declaration of dedication of the property delineated on the plat or map, dedicating the property exclusively to cemetery purposes. 8552. The declaration shall be in such form as the cemetery authority may prescribe, and shall be subscribed by the president or vice president, and the secretary, or other persons whom the cemetery authority may authorize, and shall be acknowledged so as to entitle it to be recorded. 8553. Upon the filing of the map or plat and the filing of the declaration for record, the dedication is complete for all purposes and thereafter the property shall be held, occupied, and used exclusively for a cemetery and for cemetery purposes. Page 1 of 3 http://www.leginfo.ca.gov/cg.../displaycode?section=hsc&group=08001-09000&file=8550-856 7/17/01 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, August 9, 2001, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM DETERMINED TO BE A GENERAL RULE EXEMPTION FROM ENVIRONMENTAL REVIEW 9:30 a.m. - Steve Beglau, Use Permit to allow a family cemetery, for five (5) human remains, measuring 40 feet by 40 feet on a 50 +/- acre parcel. The property is zoned "U" (Unclassified) and is located at 3825 Pentz Road, approximately one mile north of the Pentz Road/Durham-Pentz intersection, south of the Town of Paradise. APN 041-470- 076 (SH) (UP 02-02) The above mentioned application is on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. 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 To be published in the Chico Enterprise on Thursday, July 26, 2001 • 4 Page 1 of 1 Hackney, Steve From: Buford, Tom Sent: Thursday, August 23, 2001 2:45 PM To: Hackney, Steve Subject: RE: Update: Phone call from Steve Beglau Thanks for the update. Let's await the receipt of Mr.. Beglau's letter, and then process a refund. I will return it with a letter. Tom -----Original Message ----- From: Hackney, Steve Sent: Thursday, August 23, 20012:23 PM To: Buford, Tom Cc: Meleka, M.A. Subject: Update: Phone call from Steve Beglau August 23, 2001 Tom: Mr. Beglau called me after I sent you an e-mail this a.m. He informed me he was going to withdraw his Use Permit application. I informed Mr. Beglau that he needs to put his request in writing and that he formally request his money be refunded. Mr. Beglau informed me of the following • Mr. Buford's letter addresses and uses as citations State Codes that apply to commercial operations; • Public Health concerns also address his (Mr. Beglau's) request as a commercial operation; • Both these parties (Mr. Buford, Public Health) miss the purpose, intent, and point of his (Mr. Beglau's) request; • Ron DiMaderos (sp?), Director of the Bureau of Funeral and Cemeteries, Department of Consumer Affairs, has told Mr. Beglau that State Codes do not apply to his request. Their pupose and intent was to address commercial operations such as funeral homes, mausoleums, etc. The Codes are to regulate the commercial cemeteries only; . Mr. DiMaderos is going to provide Mr. Beglau a statement of this position in writing; • Upon legal advise from Mr. Beglau's attorney(ies): ■ There is a difference between written law and common law. This request falls under common law, not under written law; ■ The written law(s) cited by Mr. Buford are not applicable to the action sought by the applicant; ■ Mr: Beglau is (probably) going to petition the Court to seek relief. Your instructions/directions with this latest update? Steve H. 8/23/2001 C L7_ August 23, 2001 Tom: Mr. Beglau called me after I sent you an e-mail this a.m. He informed me he was going to withdraw his Use Permit application. I informed Mr. Beglau that he needs to put his request in writing and that he formally request his money be refunded. Mr. Beglau informed me of the following: • Mr. Buford's letter addresses and uses as citations State Codes that apply to commercial operations; • Public Health concerns also address his (Mr. Beglau's) request as a commercial operation; • Both these parties (Mr. Buford, Public Health) miss the purpose, intent, and point of his (Mr. Beglau's) request; • Ron DiMaderos (sp?), Director of the Bureau of Funeral and Cemeteries, Department of Consumer Affairs, has told Mr. Beglau that State Codes do not apply to his request. Their pupose and intent was to address commercial operations such as funeral homes, mausoleums, etc. The Codes are to regulate the commercial cemeteries only; • Mr. DiMaderos is going to provide Mr. Beglau a statement of this position in writing; • Upon legal advise from Mr. Beglau's attorney(ies): ■ There is a difference between written law and common law. This request falls under common law, not under written law; • The written law(s) cited by Mr. Buford are not applicable to the action sought by the applicant; ■ Mr. Beglau is (probably) going to petition the Court to seek relief. Your instructions/directions with this latest update? Steve H. . • Page 1 of 2 Hackney, Steve From: Buford, Tom Sent: Thursday, August 23, 2001 1:44 PM To: Wannenmacher, Felix Cc: Meleka, M.A.; Hackney, Steve Subject: FW: Phone / fax to Steve Beglau re UP app for cemetery Felix: FYI To Steve: (1) Please confirm your telephone conversation to Mr. Beglau for the file. (2) Please prepare a staff report based on what we have in hand, recommending denial of the application for a CUP. Please note that environmental review is not required for a project on which we are recommending denial. If the Planning Commission determines that it wishes to consider approval, it should so indicate, and we will conduct environmental review. In the alternative, we could consider this as exempt if we determine there is no possibility that the project could have a significant impact. We can discuss this. Thanks. Tom -----Original Message ----- From: Hackney, Steve Sent: Thursday, August 23, 2001 12:19 PM To: Buford, Tom Subject: Phone / fax to Steve Beglau re UP app for cemetery August 23, 2001 Tom: I phoned Mr. Beglau on Tuesday, August 21, 2001, and relayed to him the essence of our discussion. I told him I would be faxing your letter to him as soon as I received a copy. I suggested that he might want to contact LAFCo to discuss the feasibility of annexing the proposed 40' x 40' area for a cemetery into a cemetery district. In the course of our conversation, Mr. Beglau made it emphatically clear to me that he would do the following: • He is going to continue to seek any and all avenues to achieve his goal; • He will call LAFCo; • He does not want to withdraw his application at this time; and • If necessary, he will seek a Court Order and thereby circumvent the County and State requirements. Recommendations: I write a letter to the file, and to the applicant, suspending timeline requirements for processing until unresolved questions are adequately answered; and The Department initiates a meeting with the applicant, LAFCo, and the Department. Perhaps representatives from Public Health and the appropriate Cemetery District should also be present. Your directions on this matter? Steve H. 8/23/2001 August 23, 2001 Tom: I phoned Mr. Beglau on Tuesday, August 21, 2001, and relayed to him the essence of our discussion. I told him I would be faxing your letter to him as soon as I received a copy. I suggested that he might want to contact LAFCo to discuss the feasibility of annexing the proposed 40' x 40' area for a cemetery into a cemetery district. In the course of our conversation, Mr. Beglau made it emphatically clear to me that he would do the following: • He is going to continue to seek any and all avenues to achieve his goal; • He will call LAFCo; • He does not want to withdraw his application at this time; and • If necessary, he will seek a Court Order and thereby circumvent the County and State requirements. Recommendations: • I write a letter to the file, and to the applicant, suspending timeline requirements for processing until unresolved questions are adequately answered; and • The Department initiates a meeting with the applicant, LAFCo, and the Department. Perhaps representatives from Public Health and the appropriate Cemetery District should also be present. Your directions on this matter? Steve H. 4W ���,;_� •} �, Vis,. -,,. August 21, 2001 Mr. Steve Beglau 3825 Pentz Road Paradise, CA 95969 Post -It® Fav ni ._ quite C LAND OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Mecounty.net Re: Application for Conditional Use Permit, File No. UP 02-02 Dear Mr. Beglau: I have spoken on several occasions with Steve Hackney, the planner assigned to process your application for a conditional use permit. The application requests a conditional use permit for the operation of a cemetery having five spaces. As part of the application process, we have requested comments from various County departments, as well as other agencies that might have an interest in the application. One of the departments responding is Public Health, which has indicated it conflicts with various sections of State law. The Public Health Department is responsible to provide for compliance with State law as it relates to death certificates and burial permits. As part of my review of the application, I have held discussions with Mr. House and Mr. Hackney. We are aware of the circumstances of your request, and have attempted to move as expeditiously as possible in processing the application. I regret to inform you that I have concluded that the department of Public Health is correct, based on my review of the applicable statutes, discussed below. The Butte County Zoning Ordinance allows "cemeteries... or other places of the burial or other disposal of the human dead" in the Unclassified Zone, the zone district applicable in this case. The Zoning Ordinance does not define "cemeteries." California Health and Safety Code section 8100 defines a cemetery as a location in which six or more human bodies are buried. Health and Safety Code prohibits the burying of any human remains at any place except in a cemetery. Disposal of human remains, under Health and Safety Code Section 103050 is prohibited in the absence of a death certificate and a permit for disposition issued by the local registrar. The permit for disposition must identify the name of the cemetery, pursuant to Health and Safety Code Section 103055(a). Various other provisions of California law regulate various aspects of the cemetery industry. It is the view of the Department of Public Health that these provisions set forth a regulatory framework that is comprehensive. In the absence of clear standards that would be applied at the Mr. Steve Beglau August 21, 2001 Page 2 County level, the Department of Public Health indicates that the Butte County Zoning Ordinance provisions set forth above does not provide an basis for allowing or regulating cemeteries independent of the state law. I agree with the conclusion reached by the Department of Public Health. While we would prefer to facilitate your request, we cannot do so. Mr. Hackney has indicated that it might be possible for you to annex the subject property to an existing cemetery district. We have not yet reviewed that issue in detail. While such an approach may be feasible, it has not, to my understanding, been done before, and would require review by our Department, the Local Agency Formation Commission (LAFCo), and perhaps Public Health. If you wish to pursue that effort, I suggest you either contact LAFCo, or we can arrange a meeting to discuss the issue with that agency. You may wish to contact Paula Leasure, the Executive Officer at LAFCo, to discuss the issue in greater detail. Her telephone number is (530) 538-7784. If you wish to pursue further discussions with the Department of Public Health, you may contact Gary House, Director, at (530) 538-7750. You may also contact me at (530) 538-6821 to discuss the issue. At this point, you may either withdraw the application, or request that we proceed with the processing through the Planning Commission. If you choose to withdraw the application, I will approve a refund of the entire application fee. If you request that we proceed with an investigation of the annexation issue, we will cooperate, but processing fees will be charged. I appreciate that this is a difficult time for you and your family, and I regret we are unable to provide a more positive outcome. I also want to make sure you are aware that Mr. Hackney has worked with diligence on this file, and has taken the time to research all available avenues that he could identify that would support the proposed use. Please let me know if you have any questions regarding the above. uford ` v � Director -Development Services TBJb cc: Gary House, Director, Department of Public Health Bruce Alpert, County Counsel Steve Hackney, Associate Planner 6 0' INTER -DEPARTMENTAL MEMORANDUM To: Steve Hackney, Planner, Development Services From: Mike Hord, Land Development Re: Use Permit Application for Steve Beglau, UP 02-02, 3825 Pentz Rd., APN 041-470-076 Date: August 8, 2001 Our division has no comments or conditions for the above use permit application. Sincerely, Mike Hord August 7, 2001 Mr. Guttierez, the gentleman inquiring about the nightclub—dancing, alcoholic sales, live music. . . strictly family-oriented—left a voice message: he's looking for a response from the Department as to the viability of his request. He did not leave a return phone number, but rather, he was to call again. Steve H. August 7, 2001 Meleka: Final disposition of application for Mr. Atwal? Shall you and I go out to the site this a.m. and take a final look? Then, perhaps, contact him and tell him it's not necessary for the Use Permit? That we'll sign off on the ABC zoning verification form? Steve H. • Hackney, Steve From: Buford, Tom Sent: Monday, August 06, 2001 4:02 PM To: Hackney, Steve Cc: Meleka, M.A. Subject: FW: Beglau Request for Private Cemetery -----Original Message ----- From: House, Gary Sent: Monday, August 06, 20012:43 PM To: Buford, Tom Cc: Botill, James Subject: RE: Beglau Request for Private Cemetery Your email is correct, and I would suggest Mr. Beglau contact Jim Botill of my staff (538-7704) for information regarding the appropriate state agency to assist him. Gary House -----Original Message ----- From: Buford, Tom Sent: Monday, August 06, 2001 9:37 AM To: House, Gary Cc: Reid, Thomas; Meleka, M.A.; Hackney, Steve Subject: Beglau Request for Private Cemetery Gary: As you know, Mr. Beglau has filed an application for a use permit to operate and maintain a cemetery with five burial plots. We had contacted various county and state agencies, and initially believed that this would be an allowable use in the applicable zone (U -Unclassified) with a use permit. When we last spoke, you indicated that your department had reviewed the matter, and that you would be unable to issue a burial permit unless the site had been designated as a cemetery under state law. Such a designation would require six or more burial plots, and would require state approval. If the above is correct, we will advise the applicant of that conclusion, and direct him to your department, and to the state agency, for further review. I would appreciate it if you would confirm the above, and also provide a contact with the appropriate state agency for Mr. Beglau's further efforts. Thanks Tom • Hackney, Steve From: Buford, Tom Sent: Monday, August 06, 2001 9:37 AM To: House, Gary Cc: Reid, Thomas; Meleka, M.A.; Hackney, Steve Subject: Beglau Request for Private Cemetery Gary: As you know, Mr. Beglau has filed an application for a use permit to operate and maintain a cemetery with five burial plots We had contacted various county and state agencies, and initially believed that this would be an allowable use in the applicable zone (U -Unclassified) with a use permit. When we last spoke, you indicated that your department had reviewed the matter, and that you would be unable to issue a burial permit unless the site had been designated as a cemetery under state law. Such a designation would require six or more burial plots, and would require state approval. If the above is correct, we will advise the applicant of that conclusion, and direct him to your department, and to the state agency, for further review. I would appreciate it if you would confirm the above, and also provide a contact with the appropriate state agency for Mr. Beglau's further efforts. Thanks. Tom Tom: I have read Gary House's memo. A couple of comments: • A private cemetery with fewer than six (6) plots is not subject to regulatory provisions of State Law (as per Joy Korstjens, Cemetery & Funeral Bureau, Department of Consumer Affairs). • Mr. House incorrectly references Health and Safety Code Section 7054(b), which actually states: "Cremated remains may be disposed of pursuant to Sections 7116, 7117, and 103060, or Sections 7054.6 and 103060. " • " Mr. House references "additional requirements" provided by the Business and Profession Code and the California Code of Regulations. Reading through the copies supplied, it appears they are addressing (1) certified funeral parlor operators, (2) cemetery brokers, and (3) cemetery salespersons. Question: aside from scaring off the timid with this plethora of State Codes & Regulations, are any of these Codes & Regulations applicable to the Beglau Use Permit application? Mr. House does cite Section 8100, which provides the State's definition of a cemetery as consisting of "six or more human bodies being buried atone place ...." What precludes a private cemetery from being processed under local ordinances? I haven't found any such State regulation. Mr. Beglau doesn't qualify as a funeral operator, cemetery broker, or a cemetery salesperson subject to the Business and Profession Code, et al. This may constitute an issue that Public Health has not dealt with in the past and they're having difficulty... better to fall back on standard State regulations. Does Public Health's position determine whether the Department should continue processing Mr. Beglau's application? Under the Use Permit process, all of the issues can be brought out. Is the Department required under State Permit Streamlining Act, and under County Ordinance, to process Mr. Beglau's application in a timely manner — irrespective of the position another department of the County may have. Recommendation: The Department -Planning continue processing Mr. Beglau's application. Bring the issues out in the analysis. Provide, as we have done, to have Public Health state its concerns. Bring this matter to public hearing where the decision makers may ... make a decision. I think the concern of one Department objecting to an application, or the processing of an application, by another Department is far less weighty than the important issue: appropriate processing of a lawful application, resulting in resolution and closure of this matter. Steve Hackney -----Original Message ----- From: Buford, Tom Sent: Monday, August 06, 2001 2:45 PM To: House, Gary Cc: Hackney, Steve; Meleka, M.A. Subject: Cemeteries I received your report, and have passed it along to Steve Hackney. Thanks. 0 t i INTER -DEPARTMENTAL MEMORANDUM To Steve Hackney, Planner Development Services Doug Fogel, Supervisor Environmental Health" Re: Use Permit Application for Beglau, 3825 Pentz Rd., APN 041-470-076 Date: July 30, 2001 Our department requires additional time to complete our comments and conditions for this use permit. We shall provide you with some clarification of the comments, both written and verbal you have already received from us. July 27, 2001 Jim, I appreciate the time you provided in discussing the above application with me in our telephone conversation this afternoon. I would Like to request the Department of.Public, Health provide a written response and please reference the appropriate code sections. Thank you for your time and consideration in this matter. Steve Hackney jUrgentJ FOR DATE // �J TIMEWhile You Were M OF PHONE—! < O V AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CAME TO SEE YOU WILL CALL AGAIN RETURNED YOUR CALL WANTS TO SEE YOU n SIGNED r'k a • M7 FOR TIME While! You' Were r[ ^: i"�i i• 4,}i ` May 1,,, �j �ll�.,q��6 "`V o1 1� `: M �+r .` .��-, h f•{a swRb; i r*�w� - CYC CiF PHONE AREA CODE . , NUMBER EXTENSION a 't EASE CAU: ' ,EE EPHONEQ ..Syy • , r cAnnrosEou wiu"�,c �AGAt, REi111fiNED YCUR CAU MESSAGE .,ss.C; �a . L` • Asa •, i /z!� F.�q �,'�� t 1,9711 SIGNED .1,9711 a _I t -W A I A FROM : 0 w' Thursday, July 19, 2001 FAX NO,�: Jul. 19 2001 07:51AM .P2 ADENDUM TO PROPOSAL FOR A FAMILY PLOT CEMETARY This is notification that a change to the original proposal is being made. The number of gravesites proposed is five. This is a change from six in the original proposal. This change is to ensure that a "family plot" cemetery, not a full scale public cemetery is what T am proposing. Thank you, ,Steve Begla FROj1 FAX N0. Jul. 19 2001 07:51AM P1 STEVE BEGLAU, D.D.S. 2250 Myers St. Orovillc, CA 95966 (530)S33-7545 Fax # (530) 533-2926 FACSIMILE COVER SHEET TO: COMPANY: PHONE. FAX: FROM: r COMPANY - PHONE: '755 FAX: DATE: -1- 1 9 • a oo TOTAL PAGES: 2- A COMMENTS: Environmental Health BUTTE COUNTY J U L 1 2 2001 DEPARTMENT OF DEVELOPMENT SERVICES Chico Califomia PLANNING DIVISION' ."'?, TO: ENVIRONMENTAL HEALTH FROM: Butte County Planning Division 7C, ZOO RE: Request for Comments on a Development Application: Steo)f 2-02 DATE: July 11, 2001 CONTACT PERS h ackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. 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. If a response cannot be submitted within the time flame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a family cemetery. me�act ring 40'x 40' on a +-50acre parcel zoned U. on property zoned UQ Un laassiifi d) located 3825 Pentz Road. approx. one mile north of the Pent? Rd_/Durham-Pentz intersection, south of the Town of Paradise, in the Paradise area., identified as APN 041-470-076. Supervisorial District No. A THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) moi` PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON November 15 , 2001 _ COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN may_ 25, 2001. Ijno comments or communications are received by the above date, the assumption will be made that your agency has no comment. n I� BUTTE COUNTY PLANNING DIVISION By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 , Environmental Health BUTTE COUNTY J U L 1 2 2001 DEPARTMENT OF DEVELOPMEN.:r SERVICES Chico, California PLANNING DIVISION'%�,Ti TO: ENVIRONMENTAL HEALTH .lilt FROM: Butte County Planning Division 7c, ' ZO QQ RE: Request for Comments on a Development Application: StAfr 2-02 SIEVE UEGtAlk- tLf DATE: July 11, 2001 CONTACT PES .4 h� _ ackney a -6.?, The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a family cemetery,, measuring 40'x 40' on a +-50acre parcel zoned 11. on property zoned U Wmclassified) located 3825 Pentz Road, approx_ one mile north of the Pentz Rd./Durham-Pentz intersection, south of the Town of Paradise. in the Paradise area., identified as APN 041-470-076. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON November 15 , 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO.LATER THAN ply 25, 2001. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): ttL—ANNING 9NISION BUT By: C ,Bo7,� /e% I—V % Date: 7- O - O / 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 I 0 Environmental Health BUTTE COUNTY J U L 1 2 2001 DEPARTMENT OF DEVELOPMENT SERVICES Chico, Califomia PLANNING DIVISIUN'Qf''�77pny , ; c. TO: ENVIRONMENTAL HEALTH FROM: Butte County Planning Division 7C�Un ZO© 02 RE: Request for Comments on a Development Application: SteAf. � 2 DATE: July 11, 2001 CONTACT PERS .�ph ackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Remit for a family cemetery, measuring 40'x 40' on a +-50acre parcel zoned Ll_ on property zoned U alnclassified) located 3825 Pentz Road. approx. one mile north of the Pentz Rd./Durham-Pentz intersection_ south of the Town of Paradise, in the Paradise area., identified as APN 041-470-076. Supervisorial District No. A. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _2L PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON November 15 , 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 25, 2001. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. l BUTTE COUNTY PLAN LING OIVISION By: Date: Ah, J J 6 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 IU Environmental Health BUTTE COUNTY J U I_ 1 2 20011 DEPARTMENT OF DEVELOPMENfI('SERVICES Chico, California DIVISI0I�T'0,7 Mp TO: ENVIRONMENTAL HEALTH FROM: Butte County Planning Division %(;p Z® RE: Request for Comments on a Development Application: Ste ® 2-02 SAVE v �-- DATE: July 11, 2001 CONTACT PERS .�, he' ackney -' a The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application fbi Use Permit for a.fanily cemetery. metering 40'x 40' on a +-50acre parcel zoned U. on property zoned U (Unclassified) located823 5 Pentz Road, approx. one mile north of the Pen Rd./Durham-Pentz intersection, sou h of the Town of Paradise, in the Paradise area., identified as APICau1 420-076:S,upervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) --X- PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON November 15, 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN„ July 25, 2001. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): /0") recar";;n co»d,T)o.Ws . By: C �O��n� J}'• Date: -7—/7 — D 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 REC "V BUTTE COUNTY JUL 2 0 2001 DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION BUTTE COUNTY PLANNING DIVISION TO: JJ""PUB�LIC WORKS DIRECTORS OROVILLE, CALIFORNIA FROM: Butte County Planning Division RE: Request for Comments on a Development Application Steve Beglau, UP 02 -OT DATE: July 11, 2001 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose, of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for`Use Permit for a family cemetery, meant • - 40'x 40' on a +-50acre parcel zoned T J on property zoned it (Unclassified) located 3825 Pentz Road,approx. one ile north of the Pentz Rd./Durham-Pentz intersection south of the Town of Paradise, in the Paradise area., identified as APN 041-470-076. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) --2L- PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON November 15, 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 25, 2001. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS SAttach additional pages if necessary): By: L s�%C�(�C Date: 7 RECEIVE® L 1 1 2001 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 COUNTY OF BUTTE LAND DEVELOPMENT DIV. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES LAFCO PLANNING DIVISION ' J U L 1 3 2001 TO: ; LAFCo FROM: Butte County Planning Division ^ _ - _ OrovillO, calitomia RE: Request for Comments on a Development Application: Steve Beglau, UP 02-01, DATE: July 11, 2001 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a family cemetery, m asn . - 40'x 40' on a +-50acre parcel zoned U. on property zoned U CJnclassified) located 3825 Pentz Road,approx. one mile no h of the Pen Rd./Durham-Pentz intersection, south of the Town of Paradise, in the Paradise area., identified as APN 041-470-076. Supervisorial District No. -4. //o 007 THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) --X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON November 15, 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 25, 2001. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): /• Rage Co• mor f� Cep �ia Y. f7roville, L%:o.. H. s'.o. �• QG I%L to llGAtC Swl Gf7� QH%; !'.. ' H6 a,i (/ij[t M�'rftw0 K �. CSA /44 6T d. ? C,vlet f By: eJ Date: I(A/ 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 �p\Ecoo, Rerpived AL 13 2001 VVATtfi v.1, 0 • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: AG URAL COMMISSION 7 FROM: Butte County Planning Division RE: Request for Comments on a Development Application:iSteve Beglau, UP 02-02 DATE: July 11, 2001 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. 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. If a response cannot be submitted within the time given, or if additional information is needed, please ca11538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a family cemetery• measu . - 40'x 40' on a +-50acre parcel zoned U. on property zoned it (Unclassified) located 3825 Pentz Road,approx. one mile north of the Pen Rd./Durham-Pentz intersection, south of the Town of Paradise, in the Paradise area., identified as APN 041-470-076. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) --X- PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON November 15, 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 25, 2001. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: P� �,-n�eA I:�FU1lnt . Date: /Ze7o 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 0 . RY BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: 'CALIFORNIA DEPT. OF FORESTRY FROM: Butte County Planning Division RE: Request for Comments on a Development Application Steve Beglau, UP 02-027 DATE: July 11, 2001 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a family cemetery,metering 40'x 40' on a +-50acre parcel zoned U. on property zoned U Cjlnclassifiedl located 3825 Pentz Road,approx. one mile north of the Pentz Rd./Durbam-Pentz intersection, south of the Town of Paradise, in the Paradise area., identified as APN 041-470-076. Supervisorial District No. A THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) --X- PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON November 152001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN ply 25, 2001. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): r. BUTTE COUNTY By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 07/16/2001 08:24 TOWN OF PARADISE -j 5387785 NO.884 P002 BUT'T'E COUNTX DEPARTMENT OF DEVELOPMENT SERVICES . PLANNING DIVISION T0: r TOWN OF:PARADISE F FROM: . Buite County Planning Division_ _ RE: Reqent Application;tsveuest for Comments on a Development Beglau,.LTP 02_02 CONTACT PERSON: Stephen Haclmey DATE: July 11, 2001 The pig g Division has received a project application for the property described below. The purpose of this comment sheet is to: to to mow your jurisdiction to review the project 1. Determine if the iuformativa contained in the application is adequate and submit conditions, if any, and to are for this project, as well as to identify particular 2_ Determine the appropriate environmental documents to prep enc !d artment may want incorporated. environmental concerns to be addressed or mitigation measures your ag y eP If the application is determined to be complete within 30 days of its submittal it shoor uld be heardlnalt�foestimated st at du is nee date indicated below. If a response cannot be snb�tted wahm the time frame given, please call 538-7601. Thank you in advance for your time and efforts.' This is an application for t Tse Petm� for a remllyS&»7�1GLY. 4 , x +- on property zoned located su ervisorw District No. 4. identified as APN-011AZU A- P THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) ON r, ,,e..,ti,.. t S - ?_00 L_ � PLANMNG COMMISSION - ^ DEyNOpAM' VIEW CO2 Ifno comments or communications COMMENTS, IF ANY, ARE REQUESTS BY NO LATER THAN comment. are received by the above date, the assumption will be made that your agency hw no CON , ENTS (Attach additional pages if necessary): 6 t t3 S kes li 7-4 e- owr o -f NO GdNCe/�1S I Date: By: _ ,L it eor»,n k4 '-7L 'Y t7evc%�r•�c• �i rGG�w I i 7 County Center Drive _ Oroville, California 95965 - 530 538-7601 -FAX 530-538-7785 Mailing List Distribution t � : • '..a....... . -�.— i _ nom+, /�j/� is r A `r ,i r � f /�� } 1 A444 cllM ►�{ i V'f' Project Locadon� a �� LEAD IN SHEET FILE NO: UP 02-02 AP#- 041-470-076 APPLICANT: . STEVE BEGLAT T • MIN REPRESENTATIVE: SIZE: ±50' ACRES SUPERVISORAL DISTRICT # 4 EXISTING ZONING: U (UNCLASSTFIED) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: APPLICABLE REGULATIONS: APPLICATION: DATE: County Offices and Cities: Chief Administrative Officer �X ' . Environmental Health ;'.Sheriff ' v LAFCo Biggs Oroville Irrigation District: Butte Water _ OWID Table Mountain Irrigation Domestic Water _ Butte Water District OWID Sewer COMMENT DISTRIBUTION LIST X_ Develop. Services Director, _X -Assessor; N BCAG Air Quality Mgmt. Gridley <Paradisi � Animal Control _ Butte Water District _ Skansen Subdivision (CSA 21) _ Fire Protection _X_ California Department of Forestry' Recreation Districts _ Chico Area Recreation _ Paradise Recreation & Park Utilities Biggs/W. Gridley Water Paradise Irrigation Thermalito Irrigation X_ X California Water Service Co. _ Thermalito Irrigation District CPublic Works Director S Building Manager ALUC LButte Co. Farm Bureau Chico Chico Airport Commission GAgricultural Comrrrission Themalito Irrigation _ L.O.A. PUD El Medio Fire Protection District Durham Area Recreation _ Richvale Recreation & Parks Durham Irrigation Richvale Irrigation Other Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park PG&E North - Chico _ Chambers Cable TV Pacific Bell PG&E South - Oroville _ _ Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept. of Water Resources _ Dept. of Fish and Game _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program Department of Conservation _ Off. of Mining Reclamation _ Off. of Governmental & Env. Relations _ Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ US Bureau of Land Management _ US Fish & Wildlife Service _ Army Corps of Engineers Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Community Association _ Mosq. Abatement. Oroville/Butte Co _ Drainage _ Butte Env.1 Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society Butte Co. Mining Committee _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy School Districts PROPOSED "FAMILY PLOT" CEMETERY This proposal site has resulted from two basic issues. First, my youngest son died the week prior to my application for this use permit. Secondly, after many miles and a lot of time spent looking at cemeteries, we were unable to find one we felt met our needs. What were our goals? We believe they were fairly simple. We were looking for a small rural setting that was also peaceful and quiet. One that depicted nature at its best. But also one that was not too far from home. After our search was less that successful, it occurred to us that the most peaceful and serene place that met all our qualifications, was the very property we live on. Because our parcel size is 50+ acres, we knew we had enough land. We therefore proceeded with plans for a family Plot Cemetery. In terms of the size of the proposed site: It is approximately 40 feet by 40 feet. It has 6 or 7 oak trees that delineated a somewhat square shaped area. In appearance the proposed site is flat and completely rural, with no improvements to that particular piece of ground. Native grasses are all that grow there in addition to the oak trees. It is surrounded by similar countryside for large distances in all directions. The closest structure is my home, which stands about 400 to 450 feet away to the north. The only structure to the south or east is my neighbor's home approximately 1500 to 1800 feet away. There are no visible structures to the west in that a large deep canyon exits there. Likewise, no structures lie between this proposed site and Pentz Road. Other than my home, there are no structures to the North except a neighbor this is one-third to one-half mile away and not visible from the site. As to the number of gravesites. I propose approximately six. Our thoughts are primarily sites for my son, my wife and myself. However, if any of my other children, of whom there are three, chose this site, I would like them to be able to be buried there as well. In the future, we might put a short 1 -foot to 2 feet fence that would be placed just outside the trees. This would help delineate the space more clearly, and would be done in a fashion that would blend with the natural surroundings. Materials would most likely be wrought iron or something of similar quality. Headstones of a traditional cemetery fashion would be used as well as liners if they were deemed necessary. The area would be maintained in a manner befitting the surroundings. This would primarily consist of keeping the grasses at a "manicured" level and not letting them get too high. Please feel free to contact me for more information if necessary. Thank you for your consideration on our behalf. Sincerely, Steve Beglau an?fly 3825 Pentz RoaParadise, CA 9 7 (530)877-5815 T1 BANNNG��v`S��N Iti- BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Steve Beglau, UP 02-02 DATE: July 11, 2001 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a family cemetery, measuring40' x 40' on a +-50acre parcel zoned i . on property zoned i 1(Unclassified) located 3825 Pentz Road,approx. one mile north of the Pentz Rd./Durham-Pentz intersection, south of the Town of Paradise, in the Paradise area., identified as APN 041-470-076. Supervisorial District No. A. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _-K-PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON November 15 , 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 25,2001A If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): LE Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT ISSUED BY l • .. .... .. .i.,-- .. .W�cv►'''►�. . RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NOE/NOD F/G FEE OTHER APPLICANT RECEIVED FROM DATE NO. RECEIVED WORKS SALES HEALTH OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT ISSUED BY l • r � 7Sl.I 7 c. V Q, � h Q' Q 4 \T �o z ^ . W Q NOISIAIO 5NINNdld C O I�1NnOO Ring 1ooz Jnr N Y/ 1111 Q qIaNrtY MAP 041--470;-076 U s- 52.231, hl • 0 COUNTY OF BUTTE s✓aP u c 0' OFFICE OF PLANNING DEPARTMENT � .4 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965 M97 y t " RETURN SERVICE REQUESTED �, .A��419,4, X6000 PUBLIC �'�� ?40�, `Fl BE LAU STEVEN A & CHARl- A / '��BG-F ORO DAM BLVD I ' LE CA 95965 O HEARING ���R?°`� ------------------ NOTICE • _ r AMP ihl��tl�i�l�l���ll�o�l,L�I�I�I��I��fs�l�l�oll���IlEilill�ul / �" l �� COUNTY OF BUTTE VICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE joa tu co c� o `" 7-� cc It h • �IA� pr 041470076000 �ff' �!IN BEGLAU STEVEN A �� A 1124-F ORO DAM BLVD OROVELLE CA 95965 CpOVI, cP JUL 2 3'01 S. Il�I���i�i�l�1���llo„i�i��l�i►i...i��l�al�i��ll��rii��ltill III •' ! 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