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HomeMy WebLinkAboutUP 04-17■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to vou. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Marlene Perry & Kathy McCullough 2387 Brown Street Durham, CA 95938 ❑ Agent ❑Addressee M1e(ceived by (Pri ed mI C. Date of Delivery D. Is delivery address different/mm item 1? ❑ Yes If YES, enter delivery add ess below: ❑ No 3. Service ype ertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) ".? 0:0 2 2 41 ;0 0 0 6; 2 8 3:6 7 0 7 7 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SE4VICEC7 d =First -Class Mail P M =Postage &Fees Paid r n - .USPS`"-- s - „Permit No GA0 08 • Sender: Please 1irA-Ycru-r name, address, and ZIP+4 in this box • COON" OF BUTTE BUTTE MENT DEPARTOT DEVELOPMENT SERVICEVouNTY PLANNING 0=10N Munty Center Dave JUN 14 2005 Oroville, CA 959653397 DEVELOPMENT SERVICES Correspondence Log Sheet Applicant: Marlene Perry and Kathy McCullough Project Number: UP 04-17 APN: 039-540-025 Date Name/Agency Correspondence/Comments Attachments Actio -i, Received z O ,w— l Lc, cd- A.& �1 r K:\Planning\Projects\L.og Sheet.dot FILE NO.: PROJECT TYPE APN: APPLICANT ADDRESS: PHONE: OWNER: ADDRESS REPRESENTATIVE: ADDRESS: PROJECT SUMMARY SHEET UP 04-17 Use Permit 039-540-025 Marlene Perry and Kathy McCullough 2387 Brown Street, Durham, CA 95938 (530) 342-4522 Jim Black P. O. Box 636, Durham, CA 95938 PROJECT DESCRIPTION: Use Permit to allow a change in a legal nonconforming use. The change would be from a communications business to a preschool LOCATED: on the west side of Durham -Dayton Highway, approximately 570 feet north of G. Warren Drive, Et 2547 Durham -Dayton Highway, Durham PROPERTY ZONED: SR -1 (Suburban Residential, 1 -acre parcels) GENERAL PLAN DESIGNATION: AR (Agricultural Residential) TOWN/AREA: Durham 1 2 3 4. 5. 6. 7. 8. 9. 10 Application accepted: 1/30/2004 Amount: $ 1114 Receipt #: 394749 Assigned To: Stephen Betts Comments sent to: Development Services Director, Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, CDF, Building Manager, County Counsel Sent to Inter -Departmental Review Committee (IDR): Status Letter sent to applicant: Date scheduled for IDR: Comments received from: Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Environmental Determination: State Clearinghouse No: Subject to Fish & Game: 11. Staff Report: Project Video: 12. Clearinghouse circulation required: Yes No Categorical Exemption-CEQA# r Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. - CEQA # 15 06 1. (bx3) Other Date Sent to SCH: 13. Publication Notice Written: - 0 Display Ad Prepared: 14. Notices Mailed: 'o Number of Notices: 15. Newspaper Publication Date: (o - 11 -014 O OC P G B 16. Planning Commission Hearing(s): of 4-0 Action taken: Special Conditions: Commission Resolution No.: 17. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 18. Type Use Permit/Send for signature: 19. N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes No 20. Send validated Use Permit: 21. Assessor's Memo: 22. Copy of Use Permit to Planning Technician: Commissioner Evans returned to the dais. Marlene Perry and Kathy McCullough, (Item determined to be categorically exempt from environmental review), Use Permit to allow the change of a nonconforming use to allow a preschool for up to 30 children on property zoned SR -1 (Suburban Residential — 1 acre parcels). The property is located on the west side of Durham Dayton Road, at 2547 Durham Dayton Road, Durham. APN 039-540-025 (SB) (UP 04-17) Mr. Betts submitted a memo adding Conditions 9, 10, 11, and 12 per the Commission's instructions at the last meeting. He noted that he had received the revised floor plan and site plan that was requested. The hearing was opened. Ms. Perry said she agreed with Conditions 9, 10, and 12, but questioned Condition 11. She said that she did not know what type of tree was going to be planted along the north and south property lines. She said she did not want to be locked into planting redwoods on the north and south sides. Commissioner Nelson suggested revising the condition to include other types of vegetation. It was moved by Commissioner Evans, seconded by Commissioner Nelson, and unanimously carried to approve the Use Permit for Marlene Perry and Kathy McCullough subject to the findings and conditions listed below, changing Condition 11 to add "or other vegetation that would provide a visual barrier" after "trees." I. Find that the application is Categorically Exempt from environmental review under Section 15303(a), as defined by CEQA. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is not required. H. Approve Use Permit UP 04-17 for Marlene Perry and Kathy McCullough, subject to the following findings and the conditions in Exhibit "A": A. The change of the existing nonconforming use to a preschool use will not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins, based upon the findings in Section B below. B. The proposed use of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: I . Noise from vehicles arriving and departing the project site and from children playing outside would not cause any significant impacts to adjacent residential uses. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JULY 8, 2004 ■ PAGE 4 ■ 2. Durham Dayton Road has adequate capacity to handle the increase in vehicular traffic generated by the project. 3. The project site contains adequate off-street parking spaces to handle the parking needs of the employees and of the parents as they drop off or pick up their children. 4. Unloading and loading of children would occur on the project site and not on Durham Dayton Road. The site's parking lot connects to the parking lot and driveway for the Durham Library, which would allow for a secondary entrance/exit. 1;. There is excellent sight vision in both directions of Durham Dayton Road from the project site's driveway. 6. The project would not expose individuals to flooding because the project site is not within a 100 -year flood zone. 7. The project would not expose individuals to aircraft operations because the project site is not located within any airport traffic zone and is not located near any public airport or private airstrip. . 8. The project will not have a significant impact on agricultural operations because the project site is located approximately 600 feet from the nearest commercial orchard and/or agricultural zone. 9. The project would not expose children on the site to the impacts of agricultural operations, such as chemical sprays, dust, smoke, or noise, due to the project site's long distance from any commercial agricultural operations. 10. The project would not have a significant impact on the adjacent Butte County Library (Durham Branch). 11. The project does not conflict with any policy of the Durham -Dayton -Nelson Plan. Conditions of Approval: Planning Division: 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment C" and date-stamped March 22, 2004, and is incorporated herein by this reference. 2. The preschool shall be limited to no more than thirty (30) children. '�� ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JULY 8, 2004 ■ PAGE 5 ■ 3. No parking or loading/unloading on Durham Dayton Road shall be allowed. 4. The preschool operator shall ensure that there is at least one (1) marked parking space per classroom or office. 5. The parking spaces for the Butte County Library (Durham Branch) shall not be utilized by any employee of the preschool or by any person dropping off or picking up their children from the preschool. 6. Prior to occupancy of the building, the applicant shall obtain the required permit(s) from the California Department of Social Service, Community Care Licensing Division. 7. Should construction activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. 8. All new outside lights shall be fully shielded to prevent glare and excess light on adjacent/nearby parcels. 9. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Building Division 10. Building permits are required for the change of occupancy. Prior to occupancy of the building, the applicant shall submit building modification plans to the Building Division for review and approval and obtain all necessary permits. The applicant shall submit a copy of the building permit to the Planning Division. Public Works Department 11. Prior to occupancy of the building obtain an encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards or other vegetation that would provide a visual barrier. Butte County Fire Department/CDF ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JULY 8, 2004 ■ PAGE 6 ■ r 12. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to'accommodate a 40,000 pound fire apparatus. f 13. Prior to issuance of the Use Permit, provide plans and specifications to the Butte County Fire Chief to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. . Environmental Health Divisi 14. Prior to issuance of the Use Permit, install additional septic system, under permit issued by the Environmental Health Division, to accommodate the sewage flow per day for the maximum number of students and employees. A replacement leach line area for the full system must be available and kept in reserve. 15. Prior to issuance of the Use Permit, destroy the abandoned well that is on the parcel under permit issued by the Environmental Health Division. County Counsel 16. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ""-`-"`�' _ ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JULY 8, 2004 ■ PAGE 7 ■ Marlene Perry and Kathy McCullough, (Item determined to be categorically exempt from environmental review), Use Permit to allow the change of a nonconforming use to allow a preschool for up to 30 children on property zoned SR -1 (Suburban Residential — l acre parcels). The property is located on the west side of Durham Dayton Road, at 2547 Durham Dayton Road, Durham. APN 039-540-025 (SB) (UP 04-17) Mr. Betts gave a brief summary of the project. Chairman Leland was present at this time. (He said he would resume the Chair after this hearing.) The hearing was opened to the public. Ken Carlson said if the current owner, James Black, was to remain the same he would ask for a continuance to consult with an attorney. He has concerns because he has a small pistachio orchard. He said he talked to the owners and the owners had inferred that they were in agreement on the fence on the south and an inner fence on the west and north sides. He said he wants the conditions to remain if the property should sell. He asked for a 6-7 foot height limit on the proposed play center. Commissioner Lambert questioned if the library was adjoining this parcel and where the fence would go. Mr. Carlson said the library property is adjoining and the fence is not proposed for that side. He wanted to make sure the conditions were adhered to. He said most of his farming of the orchard takes place on the weekend. He does not spray overhead on his trees. Marlene Perry said they did agree to put in a fence and trees along his property line. She said there is an existing fence on the McLaughlin side. Kathy McCullough discussed different types of fencing. She said the main concern is safety for the children. She said she will plant redwoods along the back and part of the sides of the property. She said she has not looked at the different types of play centers yet. She said she would provide Mr. Carlson with a school schedule. Commissioner Lambert asked if there was going to be a change in ownership. Ms. McCullough said that she and Ms. Perry were buying the property. She said that originally they asked for 48 children, but due to sewer problems came down to a total of 30 children. Commissioner Lambert asked if this parcel was in the Durham Urban Reserve area. Mr. Betts said "no." He said the project was reviewed in regards to the D2N Plan, but is not in the urban area. Commissioner Lambert asked if the road into this property uses part of the library property and can they access the parcel without using the library property. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 24, 2004 ■ PAGE 2 ■ Mr. Betts said that there is plenty of room on the parcel for the driveway and parking without going on the library property. The hearing was closed. Vice Chairman Marin said this use would be an asset to the area. ' Chairman Leland agreed that this was a good project. Ms. Christopher was concerned with changing the conditions at the meeting and stated that they need a copy of the applicant's revised floor plan. Vice Chairman Marin said the suggested fencing and trees was clear to him. Commissioner Lambert said she wants the final drawing of the floor plan before voting on this item. She said she is not opposed to the project and would be happy with a motion of intent. Chairman Leland made a Motion of Intent to approve the Use Permit for Marlene Perry and Kathy McCullough adding a condition for an inner fence along the west boundary and redwoods along the north and west boundaries, including revised floor plans and revised plot plan for parking. The motion died for lack of'a second. The hearing was re -opened. Ms. Perry said she agreed to put in a second fence and the trees, but she needs to check with the State on what the distance needs to be between the two fences. Mr. Carlson said he wants the fence 20 feet off of the existing fence because he does not want a child to be able to put their arm through his fence and get bit by the dog. He said Mr. McLaughlin and Mr. Wilkerson would like a fence and trees on their side also. Ms. McCullough said she is not comfortable with 20 feet from the existing fence. Vice Chairman Marin discussed the second fence and whether it was really necessary. Mr. Carlson said he wants a second fence put in to protect his property from the children and to protect the children. Chairman Leland said the dispute is the distance between the two fences and not installing the fence. Mr. Carlson said that is correct. Linda Smith suggested a fast growing hedge that would be thick enough so no one could get through, it. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ NNE 24, 2004 ■ PAGE 3 ■ Mr. Carlson said redwoods grow fast and he would rather have trees. The hearing was closed. It was moved by Chairman Leland, seconded by Commissioner Evans, and unanimously carried for a Motion of Intent to approve the Use Permit for Marlene Perry and Kathy McCullough addressing the following concerns "there should be a fence 7 feet high along the west boundary, 5 feet in from the existing fence or a different distance agreed by the neighbors, submit a revised floor plan and revised site plan showing the parking that reflects the revised floor plan, prohibit outside activity prior to 7:30 a.m., and require redwood trees along the north, south, and west boundaries of the property, west of the buildings." It was moved by Chairman Leland, seconded by Commissioner Evans, and unanimously carried to continue this meeting closed to July 8, 2004. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 24, 2004 ■ PAGE 4 ■� a A& DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 APPLICANT'S NAME: (If a lic tion different from owner an affidavit is required.) R�4 ` & LLOU6� ASSESSOR'S PARCEL NUMBER 3 °) -* 6q - As ADDRESS: STREET, CITY, STATE, ZIP CODE a3qQ PLW5rt fiu2i4-t1111 ICIL413COMETTUf --PW(11+ FILE NUMBER: (FOR OFFICE USE) UIPOLk-IJI NAME OF PROPOSED PROJECT (If any) t)w L.Crfl-E , Lc- FSC [— TELEPHONE: _ s'� LOCATION OF PROJECT (Major cross streets and Address, if any) 99LIQ "DuEHAM 1: X19 � �-1)ue-419 M GENERAL INFORMATION REQUIRED OWNER'S NAME:S 1 fes. 1 -6LgC TEL 53 )O O� CP g ADDRES O �� X � CITY, STATE, & ZCCOD� 16 jv1 (W„ - `JJ ZONE � GENERAL PLAN (-A R EXISTING LAND USE te, `z SI1 E SIZE (in Square Feet or Acres; EXISTING STRUCTURES (in S uare Feet) PROPOS STRUCTURES (in Square Feet) OU `' IV (Check One) (Check One) OPERTY IS OR PROPOSED TO BE SEWERED ❑✓/PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER VPOPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED F-1 GENERAL GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ❑ REZONE ❑ TENTATIVE PARCEL MAP 2'USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) �'1 I S of � -e 154 r 1 A&roow olp o 70 Z004 OWNER CERTIFICATION U JAN 6-0 IRTY1 1 CERTIFY THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWN OF FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF QUXr1E AND ACCURATE.. (If an agent is to be authorized, execute an affidavit of authorization and instII9 l41'�kti I \� DATE: . �c� ((p (�'�SIGNATURE: IV- KAFORMS\UNIFORM APPLICATION Page I of 2 w AGENT AUTHORIZATION TO: Butte County, Department of Development Services: Phone Number �) - Print Name Mailing Address is hereby authorized to process the application for on my property, identified as Butte County Assessor Parcel Number: APN# - - This authorization allows representation for all applications, hearings, appeals, etc. -and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owners) of Record: (sign and print name) Print Name Print Name Signature Signature Architect and/or Engineer: Phone Number - Print Name of Architect/Engineer Mailing Address an FOR OFFICE USE ONLY Verify: g Date Received: It-SO/04 3P Total Amount Received: , < < . O O [v]'AP Number(s) Q_Leg i Deseripti [Owners Authorization 9 -Zoning Requirements [Lj-'Project Description []'Copies of plot plan Taken by: �r_4s Receipt No. PW/LD 150.00 Plan r(00.00 E.H. S.00 CDF 43.00 NOD/NOE Fees (o• o0 Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned Lpon final action. Current fee for this application is as of Make check payable to "Butte County Treasurer". KP,P01,N4S',UN1F0RM APPLICATION Page 2 of 2 0 . COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) Date Filed I 0 `t GENERAL INFORMATION: 1. Name and address of owner, and/or developer, and/or project sponsor: yy\ -5 LA C\< 2. Address of project: o, 5'42 u a o i M Tna jn .(- 14w)w , ePw eaigrn r- 4 Assessor's Parcel Number: 3. Name, address, and telephone number of person to be contacted concerningthis project: Yh v%a Lem e e-)212 34a- 45Paa " PIC CLUB SQ57-55;go 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 I 5. Existing general plan designation:^ t"C 6. Existing zoning district: S R 7. How is land currently used? C-0 rf'\ M Ur) i i.�ll 0 K( E A C l L i T AM 2S 8. Proposed/�use of site (Project for which this �f}orm is filed): T 1� E S C 4 ®® L— ;rF F U U� I M E' ICn 06 EA M Project Description: 9. Site size: 1 �__t r _ (Acres/Sq. Feet) Off-street parking spaces: Full size Total: ID Plans attached: Yes °-."No Proposed development schedule Associated projects, Anticipated incremental or phased development Compact: JAN 3 0 2004 BUTTE COUNTY 0 Butte County Department of Development Services 0 PI a Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the . following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services / (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. ❑ Butte County Department of Development Services ❑ Planning Division ❑ >t W Y� f 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 exist ng 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. g-a�-_0 Date Signature A4A'e -e. \ `s c'I t y ,--,I e--) OL K:\Planning\FORMS\Submittal\ENV-INFO.FRM 4 ❑ Butte County Department of Development Services O Planning Division 0 M • 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 I . A completed, signed, Uniform Application and Environmental Information form. If She 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. ?: [a EXPayment 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. 0 E 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 eater than 24" x 36". The finished plans shall be folded to 8 %" x 11 ". The detailed site plan must include: a. Name and address of Applicant, Engineer and/or person who prepared the plan b. Property lines and lot dimensions c. Ea— Assessor Parcel Number(s) and the street address. ffIVIE E C Ed. �� (� Proposed use and/or uses of the property. JAN BUTTE COUNTY 1. �� L►d Dimensioned locations of existing and proposed improvements on the proper,y (including, but not limited to, buildings, driveways, parking areas, wells, septic tanks and leach fields). Ltd/ VDistances from any significant natural and constructed features of the property, sucfl as streets, access roads, streams, rock outcroppings, major tree stands, storm drain.,-, bodies of water, railroads, to the property lines. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 I1 . Location of all slope banks, ponds, creeks, buttes, sloughs, rock outcroppings, natural drainage courses, irrigation canals and existing vegetation worthy of consideration. for preservation, such as oak trees. . I. Lam' Any existing faults or fractures and geologic hazards. �❑ N rth arrow and scale of drawing. All plans shall be drawn to an engineering scale J o. g p g g with the preferred scale of 1" = 20', with a north arrow preferably oriented to the lop of sheet. k. Lf/ ER"' All plans must be clear and legible. ���t� 1 • • • 0l*slli.`11Y_eail Ias%l�i•1/lllll�l��:��.ia�:.�■:.�a�:�:,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 be required to be submitted at the time oi' application: (optional) f6 --=One (1) set of colored plans mounted on foam boards, which shall include an illustrative site plan, illustrative building elevations, and any necessary cross-sections. Portions of this requirement may be waived by the Planning Manager. Portions waved ❑ YES ❑ NO �e (1) full size reproducible sepia for each sheet in the plan set of the detailed site plan. 1.. 9. ❑ Detailed site plan including the following: a. ©✓ ❑ Building setbacks from the ultimate road right-of-way (front, rear, sides). b. Lam' ❑ Proposed and existing on-site driveways and/or roads. c. ❑ Location, height, and materials of walls and fences (sections may be required). d. UlJ ❑ All driveways, drawn to scale, on adjacent and across the street properties within 100 feet of the subject site. I F INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 'e. 4Y Existing curbs, gutters, sidewalks and existing paving widths on-site or within "00 feet of the site, on adjacent and across the street properties. F. �' Typical street section(s). g. LMS EV Nearest cross streets on both sides with plus or minus distances from subject site h. Approximate location of all buildings within 100 feet, on.adjacent properties. I . L Proposed method of sewer and water connection or alternative method of sewage disposal and potable water supply. j. ED,,"" a Existing and nearest fire hydrants. 1• . Access, both pedestrian and vehicular, showing service areas and points of ingress and egress. 1. Internal circulationp attern. m. LTJ ED Elevation contours, at a minimum per USGS maps. 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, pavi--►g anil other elements as may be necessary to illustrate the site plan. (Dimensions may be excluded from this plan.) . Conceptual Gra ing an Items to be shown include: a. ❑ ❑ b. ❑ ❑ c. ❑ Natural areas to be preserved. Proposed cut i 1 areas in contrasting colors of zipatone pattern. Existing and proposed contours within 100 feet of project boundaries. IF INSUFFICIENT INFORMATION IS'SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 ww�m • Proposed drainage and flood control facilities. Erosion control measures (e.g. - slope Natural drainage. , Elevations finished contours. on of retaining walls, drainage channels and existing structures. Location, elevation and size of proposed building pads. n ❑ iitustiative rsuiiaing tievations 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 Department, or Agriculture Commissioner. Signature: X Q Date ,_. J — t Applicant/Re resentative Signature: Planner Receiving Application K:'d'I:innin,:FORN4S\Suhmiiial\Cli ECKLIS\USEPL'RMI.FRM Date:�� a Lo I F I NS U F1= ICI ENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 4 Smooth Feed SheetsTM K:\Planning\PROJECTS\UP\PERRY & McCULLOUGH\LabelsUP04-17.doc 039450018000 TORRES PATRICIA 2554 DURHAM DAYTON HWY DURHAM CA 959389615 039520015000 IKE FAMILY TRUST 1040 W STH AVE CHICO CA 95926 039540002000 COUTTS JOHN E & COLLEEN M 9498 DILLON CT DURHAM CA 95938 039540005000 WILSON JAMES C & CYNTHIA M 9470 DILLON CT DURHAM CA 959389697 039540025000 BLACK JAMES R & CYNTHIA P O BOX 636 DURHAM CA 95938 • 039450013000 TYLER RANDY & JO A 2540 DURHAM DAYTON HWY DURHAM CA 959389615 Use template for 51600 039450014000 PERKINS PATRICIA J REVOCABLE TR 2542 DURHAM DAYTON HWY DURHAM CA 95938 039450020000 039450021000 MULLARKEY LAUREN MORSE TROY A & SHIRLEY L 2550 DURHAM DAYTON HWY 2548 DURHAM DAYTON HWY DURHAM CA 959389615 DURHAM CA 959389615 039520019000 039540001000 MARTINEZ ANTONIO M & DOLORES GILLIAM R H & MARY D MORRIS 2703 GRAINLAND RD 723 SOUTH K ST DURHAM CA 95938 LIVERMORE CA 94550 039540003000 CARLSEN KENNETH C 9488 DILLON CT DURHAM CA 95938 039540006000 CROWSON STEVEN C & NANCY A 2536 G WARREN DR DURHAM CA 95938 MARLENE PERRY/KATHY McCULLOU 2387 BROWN ST DURHAM CA 95938 039540004000 WILKINSON TIMOTHY R & VIVIAN L 9478 DILLON CT DURHAM CA 95938 039540021000 DURHAM VALLEY DEVELOPMENT 1345 GRAND AVE PIEDMONT CA 94610 2AVERY8 Address Labels Laser 5160® 02-5 Up O"q-)..� 0 SC) -S o (31 4 e i -T�22s p rLC) 11� rr% L 0 3 q - SL) - Q4) ca L�uIV� 2 t 0) L.Y--J f iS6 r� T o�y County of Butte Oroville, California GENERAL CLAIM - DATE OF CLAIM: 11/09104 CLAIMANT: Marlene Perry ADDRESS: 2.387 Brown Street CITY & STATE: Durham, CA 95938 SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE REC' DESCRIPTION OF CLAIM DESCRIBE FULLY TO AVOID DELAY TOTAL REFUND CLAIM - ATR # 71154, Receipt #394749, APN#039-540-025—a completed application. z�s 11/09/04 Application #UP 04-17 PAID RETAINED REFUND ���1 � Development Services $ 700.00 $ 608.72 $ - 91.28 RUN sR'�,�M11 TOTAL $ 700.00 $ 608.72 $ 91.28 BREAKDOWN BUDGET ACCOUNT ....... ... ... . Development Services 440001 4210900 AMOUNT $ 91:28 �3 � 1 q1 641- sh*R Y c5' �'; '&Eat •k ff 'r<ic C a. REF�ND,HA F T>OsPERRY& HALF TO McC1J °OUGHT Each Paid 112,of Y 1� Y# ®eposlt;; ; TOTALIT!'fo R 45.64 I, the undersigned, declare under penalty of periury;that the services or articles claimed have been performed or delivered, a h his claim is trueand correct as stated. Dated this . J - ay of 2004, at ` Calif - ' Signature of ima 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 Appropnati or Specific Board Approval (Check one . Q6epartm.me. p Dated this _ day of • , 2004, at • Oroville C nt Heador Authorized Deputy Dept. SEE Exp. Code_ BREAKDOWN Code PAYABLE FROM FUND DO NOT WRITE BELOW THIS LINE - AUDITOR'SUSE ONLY DEPT & SUB. PROJ SUB. OBJ CLAIM NO. INV NO. INV. DATE ENCUMB. GROSS AMT. Claimant - Submitted for your approval/signature. Please return signed form to: Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 • tl' 9 County of Butte Oroville, California GENERAL CLAIM DATE OF CLAIM: 11/09/04 CLAIMANT: Kath McCullou h ADDRESS: 9413 Corbett CITY &STATE: Durham, CA 95938-9637.. SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE REC'C DESCRIPTION OF CLAIM DESCRIBE FULLY TO. AVOID DELAY TOTAL' REFUNDCLAIM : ATR # 71973, Receipt #394772, Check 1473, AP#039-540-025--a completed 11/09/04r> application.�t Y= Applicatign_#UP__0417 PAID RETAINED 'REFUND Development Services $ 700.00 $ 608.72 $ 91.28 rayt�!k ,ytci 4r �-5 A TOTAL $ 700.00 $ 608.72 $ 91.28 .x� 1 _ .:.:: •:.: KDQWi..<::.:::»:`::. BTJDGET ';ACCOUNT AMOUNT Development Services 440001 4210900 $ 91.28��� �t RUND}1FTO�,BERRY&FiALFTO,McCIJ�LOUG_.H Each Paid1/2 ofDeposit Cdr, TOTAL l� :. $ y ,� 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 correctasstated n Dated this I day O Y D U/-1411 n) �7 of 2004, at , Calif._ ignature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge; the services or articles s ecified above have been performed or delivered and that there is a Budget Appropriation or Specific Board Approval (Check one for a �� (� (�' Dated this of 2004, at Oroville all it - ��" "J� ll . department Head or Authorized Deputy Dept. SEE Exp. , Code_ BREAKDOWN Code_ PAYABLE FROM 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 - Submitted for your approval/signature. Please return signed form to: Development Services Department Accounts. Receivable 7 County Center Drive Oroville, CA 95965 <5 County of Butte Oroville, California GENERAL CLAIM DATE OF CLAIM: 11/09/04 CLAIMANT: Marlene Perry ADDRESS: 2387 Brown Street CITY & STATE: Durham, CA 95938 SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE REC'0 DESCRIPTION OF CLAIM DESCRIBE FULLY TO AVOID DELAY TOTAL 11/09/04 REFUND CLAIM - ATR # 71154, Receipt #394749, APN#039-540-025--a completed application. Application #UP 04-17 PAID RETAINED REFUND Development Services $ 700.00 $ 608.72 $ 91.28 TOTAL $ 700.00 $ 608.72 $ 91.28 >:: >:::: >:::: BREAKDIOWN::::: »: ;::::::: ................................................. : BUDGE:T::.ACC.OUNT .............. ............. : AMOUNT; ............... Development Services 440001 4210900 $ 91.28 z REFUND HALF TO PERRY & HALF TO McCULLOUGH - Each Paid 1/2 of Deposit TOTAL T 1$ 45.64 I, the undersigned, declare under penalty of perl'ury 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 2004, 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 2004, at Oroville Calif. Department Head or Authorized Deputy Dept. SEE Exp. Code BREAKDOWN Code PAYABLE FROM 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 - Submitted for your approval/signature. Please return signed form to: Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 tv 9 • Butte County Department ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone Use Permit File: UP 04-17 APN: 039-540-025 Applicant: Marlene Perry Date November 9, 2004 2387 Brown Street Durham, CA 95938 REFUND UP 04-17 ening charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. ,e may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will ive a FINAL INVOICE. The following payments have been applied to the processing of your application: sit Date: January 30, 2004 Land Development $ (150.00) pt 394749 CDF/Fire (43.00) Paid: $1,114.00 NOD/NOE Filing Fee (36.00) Environmental Health (185.00) DEVELOPMENT SERVICES/PLANNING DEPOSIT (700.00) TOTAL $ (1,114.00) PLANNING DEPOSIT RETAINED FROM ABOVE F$ (VOID Check #4942, replaced by Check #1743 - below) Date: 3/1/2004 Less: Void Check #4942 for Planning 394772 PLANNING RE -DEPOSIT, Check #1743$ The following planning charges have been applied to the processing of your application: Professional Planner $ 251.73 Administrative/Clerical 189.51 Mapping 88.50 Publishing 78.98 PLANNING CHARGES :$ 608.72;: 0-4.011:1-_A-101-a4®1:.1JJ91-7-1\0� Fl A4.111 HALF REFUND TO EACH APPLICANT - REFUND TO PERRY $ (45.64)1 to County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to )unt equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balal al to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant dl provide sufficient funds to continue processing an application, the application will be denied. I sign and return the enclosed General Claim form. you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. REFUND D.UE TONOU: $ (45 64)'I K:\FISCAL ADMIN\BILLINGS 8 REFUNDS\REFUNDS\Perry UP 04-17 REFUND.xIs Claimant - Submitted for your approval/signature. Please return signed form to: . Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 County of Butte Oroville, California GENERAL'CLAIM DATE OF CLAIM: 11/09/04 CLAIMANT: Kathy McCullough ADDRESS: 9413 Corbett CITY & STATE: Durham, CA 95938-9637 SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE REC' DESCRIPTION OF CLAIM DESCRIBE FULLY TO AVOID DELAY TOTAL REFUND CLAIM - ATR # 71973', Receipt #394772, Check 1473, AP#039-540-025--a completed_ application; 11/09/04 }rte Application #UP 04-17 PAID RETAINED REFUND, " P' in� Development Services $ 700.00 $ 608.72 $ 91.28A � Nei ��--ll� �P 3- r. ' • �� � �� 3 ?� i . j*426 ;?TOTAL $ 700.00 $ 608.72 $ 91.28 :. ;`°°:>: ::>.. ..> .;; :: :.BUD. :ET... A : T GCO.... , AMOUNT: ��:;<; ..G ......:::..... .::. . .:: Development Services 440001 4210900 $ : 91.28, fEZ� jG31 ^i .{ n' �,.Y?zaL' 5✓R% � }IN1 'jz. M'L�y�`. ,✓. E mo—.'TA x k'S,.a^ w ',,F�➢EG ly- ,8 , i" � S . d � .' n � REFUND HALFTOPERRY�&HALF5mTwQMcCULLQUGFIIEach;;Paid51;/2ofDegos,it TOTAL i � INES $ 45.64 .tn 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 2004, 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 2004, at Oroville Calif. Department Head or Authorized Deputy Dept. SEE Exp. Code BREAKDOWN Code PAYABLE FROM 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. I i Claimant - Submitted for your approval/signature. Please return signed form to: . Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 i • Butte County Departrnent ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone Use Permit Applicant: Kathy, McCullough 9413 Corbett Durham, CA 95938=9637 REFUND • File::UP'04-17 APN: 039-540-025 UP 04.17 November 9, 2004. ening charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing progra re may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you :ive a FINAL INVOICE. The following payments have been applied to the processing of your application: Deposit Date: January 30, 2004 Land Development $ (150.00) Receipt: 394749 CDF/Fire (43.00) Total Paid: $1,114.00 NOD/NOE Filing Fee (36.00) Environmental Health (185.00) DEVELOPMENT SERVICES/PLANNING DEPOSIT (700:00) TOTAL $ (1,114.00) PLANNING DEPOSIT RETAINED FROM ABOVE r$--7--' =143:00. (VOID Check #4942, replaced by Check #1743 - below) Deposit Date: 3/1/2004 Less: Void Check #4942 for Planning Receipt: 394772 PLANNING RE -DEPOSIT, Check #1743 V$777777777M7.0.0 OTAL PLANNING DEPOSIT;RECEIVED . :. $ - . 700:00 The following planning charges have been applied to the processing of your application: Professional Planner $ 251.73 Administrative/Clerical 189.51 Mapping 88.50 Publishing 78.98 PLANNING CHARGES '$ ' `608.72' HALF REFUND TO EACH APPLICANT - REFUND TO WCULLOUGH $ (45.64) to County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to )unt equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balai al to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant di provide sufficient funds to continue processing an application, the application will be denied. sign and return the enclosed General Claim form. you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. REFUND WE TO YOU $ (45 64)I K kFISCAL ADMIMBILLINGS 8 REFUNDS\REFUNDS\McCullough UP 04-17 REFUND.xIs r 11/5/2004 11:09 AM '1. Butte County Department of Development Services Pre -bill Worksheet Nickname Perry & McCullough.UP 04-17 1 UP 04-17 Full Name Marlene Perry & Kathy McCullough Address 2387 Brown Street Durham CA 95938 Business Fax Home (530) 342-4522 Other (530) 345-3580 Project Type UP Deposit Status Deposit Project Planner Steve Betts Salutation Date Employee Rate Task Markup % 1/30/2004 Steve 59.00 Circulation - Planner Took in application 2/3/2004 Steve 59.00 Circulation - Planner Determine an application's completeness/circulate for staff comments/analysis. 2/5/2004 Lynn 45.00 Initial Processing - Clerical Input, initial clerical processing of application. 2/5/2004 Larry 59.00 Mapping Generate maps for current projects. 2/12/2004 Steve 59.00 Site Review Field review of project site/vicinity including travel time. 2/18/2004 Steve 59.00 Meeting - Planner IDR meeting 4/22/2004 Steve 59.00 Report &/or Project Analysis Worked on agenda report 4/23/2004 Steve 59.00 Report &/or Project Analysis Worked on agenda report 5/19/2004 Steve 59.00 Report &/or Project Analysis Worked on agenda report Hours DNB Time 0.33 0.17 0.84 1.50 0.50 0.25 0.33 0.25 0.58 Page 1 Amount Total DNB Amt 19.67 Billable 9.83 Billable 37.60 Billcble 88.50 Billable 29.50 Billable 14.75 Billaole 19.67 Billable 14.75 Billable 34.42 Billable 11/5/2004 Butte County Department of Development Services 11:09 AM Pre -bill Worksheet Perry & McCullough.UP 04-17:Marlene Perry & Kathy McCullough (continued) Date Employee Rate Hours Task Markup % DNB Time Amount DNB Amt Page 2 Total 5/24/2004 Steve 59.00 0.25 14.75 Billable Report Wor Project Analysis Worked on agenda report 5/27/2004 Steve 59.00 0.67 39.33 Billiable Report Wor Project Analysis Worked on agenda report 5/28/2004 Steve 59.00 0.25 14.75 Billable Report Wor Project Analysis Worked on report, e-mailed it to JB 6/2/2004 Joe 59.00 0.77 45.69 Do Noi Bill Management Review 0.77 45.69 Management Review - Agenda Report 6/2/2004 Joe 59.00 0.25 14.75 Do Not Bill Management Review 0.25 14.75 Management Review -IDR Meeting 6/2/2004 Steve 59.00 0.25 14.75 Billable Meeting - Planner IDR meeting 6/2/2004 Steve 59.00 0.07 3.93 Billable Phone Calls/Counter - Planner Phone call with Ms. Perry 6/7/2004 Steve 59.00 0.10 5.90 Billable Report Wor Project Analysis Changed the footer per JB's e-mail 6/8/2004 Lynn 45.00 0.65 29.28 Billable - Publication - Clerical Time spent preparing & publishing for Hearing related to applicant. 6/24/2004 Lynn 45.00 0.82 36.75 Billable Mtg - Clerical Arrange/attend associated with project review (incl. Public Hearings) 6/25/2004 Lynn 45.00 0.83 37.13 Billable Mtg - Clerical Arrange/attend associated with project review (incl. Public Hearings) 7/1/2004 Lynn 45.00 0.50 22.50 Billable Packets - Clerical Prepare packets for meetings/mailings. 11/5/2004 Butte County Department of Development Services 11:09 AM Pre -bill Worksheet Page 3 Perry & McCullough.UP 04-17:Mariene Perry & Kathy McCullough (continued) Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 7/8/2004 Lynn 45.00 0.25 11.25 Billable Mtg - Clerical Arrange/attend associated with project review (incl. Public Hearings) 7/8/2004 Steve 59.00 0.27 15.73 Billable Hearing - Planner Planning Commission meeting 7/8/2004 Cheryl 45.00 0.33 15.00 Billable Administrative -Clerical Time spent on billing and other administrative tasks not related to processing . 8/19/2004 Cheryl 45.00 0.25 11.25 Do Not Bill Administrative -Clerical 0.25 11.25 Time spent on billing and other administrative tasks not related to processing . 11/5/2004 Cheryl 45.00 0.33 15.00 Do Not Bill Administrative -Clerical 0.33 15.00 Time spent on billing and other administrative tasks not related to processing . TOTAL Billable Fees 9.99 $52974 Do Not Bill 1.60 $86.69 Date Employee Price Quantity Amount Tctal Expense Markup % 6/10/2004 PUBLISH 78.98 1.000 78.98 Billable Publishing Expense Publish in Newspaper Chico ER 6/10/04 F04-145 TOTAL Billable Costs $78.98 Amount Total Total of Fees (Time Charges) $529.74 Total of Costs (Expense Charges) $78.98 Total new charges $608.72 11/5/2004 Butte County Department of Development Services 11:09 AM Pre -bill Worksheet Perry & McCullough.UP 04-17:Marlene Perry & Kathy McCullough (continued) Accounts Receivables Date Type Description 1/30/2004 CRED Credit - Receipt #394749, Check 2547. 1/30/2004 INV Invoice 1/30/2004 CRED Credit NOD/NOE Recording Fee Receipt #394749. Check #2547; VOID CHECK #4942 3/1/2004 PAY Payment - Receipt #394774, Check 1743 Replacement check for previous insufficient funds, ck #4942 Total Accounts Receivable Total New Balance Amount to replenish account to $700.00 Page 4 Amount ,otal ($143.00) $36.00 ($36.00) ($557.00) $700.00 ($70).00) ($91.28) i TY OF BUTTE • FIELD • NUMBER v,J OROV!ILLE, CALIFORNIA PURCHASE ORDER F 04-145 s Chico Enterprise Record u Attn: Donna P P.O. Box 9 P Chico, CA 95927 L I E R Issued By DDS/Planning Division Department DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O. # 6/7/04 AMOUNT NOTICE OF PUBLIC HEARING 440-001-537 2 To be published in the Chico Enterprise Record 3 and Oroville Mercury, on Thursday, June 10, 2004 4 Please furnish this office two copies of the affidavit of 5 Publication. 6 (Per /McCullou h - UP 04-17 Butte County Planning Lynn - 538-7602 7 C unty Center Drive Oroville, CA 95965 I TOTALI I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or, where authorized, are hereby contracted for and that there is a Budget Appropriation for the same. F 04-145 Date: Uepartment Heador Authorized Deputy CI IPPI IFR Wn Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD lo men Tuesday, March 02, 2004 Deve, p t .SeNICeS w I 'PLANNING DIVISION ver. 1.0 Counter Person Diane Payment Date 3/1/2004 Receipt Number 394774 Received From Kathy McCullough s $557.00 Perry & McCullough i Applicant Public Works Application Number UP 04-17 or In Reference To 039-540-025 T T } Parcel Number ._ $0.00 ;1743 Check Number / Cash CDF (Fire Department) Total Received $582.00 i Total Fees $5$2.00 _- DDS Planning $0.00 I $557.00 (General Fund) Non Sufficient Funds ($25.00 Fee) Public Works 1Cell Tower ($2500.00) $0.00 . (Land Development) Environmental Health i ._ $0.00 CDF (Fire Department) $0.00 $0.00 NOD / NOE (Recording Fee) Aunt Minnie $0.00 $1, 500 or $2,000 Planning Review $0.00 Fish/Game $0.00 I ALUC (Airport Land Use) $0.00 $25.00 Non Sufficient Funds ($25.00 Fee) 1Cell Tower ($2500.00) i $0.00 Public Sales /Copies $0.00 Other: $0.00~ mma • 0, Wednesday, February 25, 2004 Development Services PLANNING DIVISION ver. 1.0 Counter - -- - - Person Steve $36.00 Payment Date 1/30/2004 $0.00 + i _ $0.00 394749 Receipt Number Perry & McCullough Received From Perry & McCullough Applicant Application Number UP 04-17 or In Reference To 039-540-025 Parcel Number 2547 (Perry), 4942 Check Number / Cash (McCullough) -- a Total Received $1,114.00 Total Fees $1,114.00 DDS Planning (General Fund) Public Works (Land Development) Environmental Health $700.00 $150.00 $185.00 CDF (Fire Department) $43.00 NOD / NOE (Recording Fee) $36.00 1Aunt Minnie $1, 500 or $2,000 $0.00 + i _ $0.00 Planning Review / EIR Fish/Game $0.00 ALUC (Airport Land Use) $0.00 $0.00 Non Sufficient Funds ($25.00 Fee) $0.00 Cell Tower ($2500.00) . Public Sales / Copies ' $0.00 Other: $0.00 • • 1 r • • ;.I'�'�'idi5 t .1-�'•RiJt��3 •`G� '� a �'� t � ���_�¢ ... '` /. ; „ _ � A ._ _ __., __ _ �. � T __.. .. ` � 1 .h ,� � - ' "' COUNTY OF BUTTE 394774 OFFICIAL RECEIPT OFFICE OR DEPARTMEN I SUING RECEIPT 'i 20 Received from }((� / /� w V [7{ the Sum of c �- 00 For L11 12 - _ Received: d—S % Received By 1/ CASH ❑ Title CHECK Lld By DAVCO BUSINESS FORMS • (530) 7438511 Form 75702 e • COUNTY OF BUTTE AUDITOR'S CERTIFICATE: AND TREASURER'S RECEIPT OROVILLE, CA RECEIVED FROM PLANNING BAG # 329 ATR NO 71973 DATE WW2404 FUND DESCRIPTION TITLE FUND CODE DEPT CODE . ACCT CODE CASH CODE AMOUNT 42109M 1010411 PrDiect Number Amount of Fee #055-31 MI 1,012 H TugQl FRED 04-18 $1,008 DEPOSIT DATE: 3-2 RECEIPTS:_ 394773-77,63 r liN ADPL FEES GENL 0010 440001 42109M 1010411 PrDiect Number Amount of Fee #055-31 MI 1,012 H TugQl FRED 04-18 $1,008 t 39-540-025 K P�cGuilough UP 0417-- - - `$557 #028-230-009 RLadd Ml`04iV05 _ _ _ _ ,$1,$95 j #028-230-009 R.1add Nil 04NO2 $2,080.80 LAND DEVELOPMENT GENL 0010 440064 4611700 1010411 Project Number Amount of Fee #055-310=011,012 HTugel PRED 04-18 $337- EPPAROiNMENT'AL HLTH GENL 0010 5403, 4614901 101001 Prb�e6fkumber Amount of Fee #055-3iM.11.012 H Tugel PRED 04-i8 $80 FIRE PLNG APPL FEE FUZE PROTECT 0100 .4617240 101001 Project Number Amount of Fee #055-310-011,012 H Tugel FRED 04-18 $43 ET'D CHECK FEE GENL 0010 /R X070 4610105 101.001 Project Numbrr`_ Amount of Fee #,039-540-025 K McGuilnugh UP 0417 $25 APPROVED BY: AUDITOR -CONTROLLER white--treasurar TOTAL $ RECEIVED BY: TREASURER r pink --auditor canary --depositor golden rod=file 5,320.8 337.00 66.00 43.00 25.00 1 5,791.80 TO: ✓e / �Y✓^G2 FROM: EARL LEE BUTTE COUNTY TREASURER DATE:/}j/ a y - SUBJECT: CREDIT DEPOSIT CHECK MEMORANDUM • Fl5�M A check deposited by your department has been returned by the bank and cannot be re -deposited. A copy of the check is enclosed. It will be charged back to you on a credit deposit within the next week. Within the next three (3) working days, please provide all information as to which funds to charge. If we are not provided with the information from you, we will charge the check to a fund we feel is correct. You can then verify the credit deposit when received and if the fund is incorrect, process a transfer with the Auditor's office. This procedure has become necessary because of the lack of response to this memo by some departments and the time involved in making follow-up telephone calls. Reminder: There is a $25.00 special handling fee on all returned items. Per County Ordinance #2967. If you have any questions please call me at 538-7576. Also, you may FAX this information to us at 538-7648. TO: EARL LEE BUTTE COUNTY TREASURER DEPARTMENT AND NAME c FROM: I euQ—Ioprtie„ t s>w i ce-r DATE: a�GL�s1 /04/ CHECK NUMBER: y 941 of Thank you for your cooperation. FUND TITLE OR DESCRIPTION: Ge&VeA-4d FUND CODE: © 01 (D DEPT CODE: Lf LIC) 00 ACCOUNT CODE: L49.(0900 CASH CODE: 10/001 AMOUNT: -it 6,5i -00 �' 2/25/2004ttv Bu a County Department of Development Services 9:54 AM Pre -bill Worksheet0� a7 1 Nickname Perry & McCullough.UP 04-17 1 UP 04-17 Full Name Marlene Perry & Kathy McCullough �\ Address 2387 Brown Street ✓ o Durham CA 95938 1 Business Fax Home (530) 342-4522 Other (530) 345-3580 ,Ann Project Type UP \��W Deposit Status Deposit Project V �� Planner Steve Betts Salutation Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 1!30/2004 Steve 59.00 0.33 19.67 Billable Circulation - Planner Took in application 2/3/2004 Steve 59.00 0.17 9.83 Billable Circulation - Planner - Determine an application's completeness/circulate for staff comments/analysis. 2/5/2004 Lynn 45.00 0.84 37.60 Billable Initial Processing - Clerical Input, initial clerical processing of application. 2/5/2004 Larry 59.00 1.50 88.50 Billable Mapping Generate maps for current projects. 2/18/2004 Steve 59.00 0.25 14.75 Billable Meeting - Planner IDR meeting TOTAL Billable Fees 3.09 $170.35 Total of billable expense slips $0.00 Amount Total Total of Fees (Time Charges) $170.35 Total of Costs (Expense Charges) $0.00 Total new charges $170.35 r y • 2/25/2004 Butte County Department of Development Services 9:54 AM Pre -bill Worksheet Perry & McCullough.UP 04-17:Marlene Perry & Kathy McCullough (continued) Accounts Receivables Date Type Description 1/30/2004 CRED Credit - Receipt #394749. Check #2547 $557.00. VOID CHECK #4942 $557.00 1/30/2004 INV Invoice 1/30/2004 CRED Credit NOD/NOE Recording Fee Receipt #394749. Check #2547; VOID CHECK #4942 Total Accounts Receivable Total New Balance Amount to replenish account to $700.00 Page 2 Amount Total ($143.00) $36.00 ($36.00) $700.00 ($143.00) $27.35 Monday, February 02, 2004 Development Services PLANNING DIVISION ver. 1.0 • • Counter - DDS Planning - i $700.00 ✓ Person Steve (General Fund) Payment Date 1/30/2004 Public Works - $150.00 Receipt Number 394749 Environmental Health $185.00 Received From Perry & McCullough Y CDF (Fire Department) $43.00 NOD / NOE $36.00 Applicant Perry &McCullough j (Recording Fee) Aunt Minnie $0.00 Application Number UP 04-17 $1, 500 or $2,000 or In Reference To -- - -7 -_-z_-- ~' Planning Review / EIR Planning $0.00 Parcel Number 039-540-025 - - -= -- Fish/Game $0.00 Check Number / Cash 2547 (Perry), 4942 (McCullough) ALUC - $0.00 Total Received $1,114.00 ' � Non Sufficient $0.00 _ Total Fees$ 1 ( Funds ($25.00 Fee) ,114.00 t Cell Tower -- $0.00 Public Sales /Copies $0.00 Other: $0.00 • • .;r Received the Sum For i -j - t ' ! Received: J C)3 + S`40-0 2 S Received By— 7� 'e-. .CASH 3 Title CHECKS �s 5 -1:-0' By DAVCO BUSINESS FORMS - (530) 743-8511 Forth 75702 COUNTY OF BUTTE 394749 OFFICIAL RECEIPT OFFICE OR DEPAZ MENT ISSUING RECEIPT COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVI LLE=, CA RECEIVED -FROM PLANNING BAC 0 329 FUND DESCRIPTION TITLE DATE FUND DEPT ACCT CASH CODE CODE CODE CODE 71154 21312004 AMOUNT DEPOSIT DATE: 2-3 }RECEIPTS: 394748-394754 PLANNING APPL FEES � GENL W10 440001 4210900 101001 5,110.00 LAND DEVELOPPENT GENL 0010 44WU 4811700 101001 0 1,250.00 ENVIRONMENTAL FILTH GENL 0010 5401003 4814901 101001 842.04 FIRE PLNG APPL FEE _ FIRE PROTECT 0100 48172.90 101001 357.00 NODINOE CLERK'S FILING FE GEN,L 0010 470Wti 4612319 101001 180.00 D.O.T.-ALUC PLANNING GENL 0410 440001 4817241 '101001 300.00 eta oy-i � 0.39 sv� - )0 p c- hAc Cu`.l 1 o u`?,N v �l 3 6 C* ; y 9y2 m.ccLJ10 L9 +� ck TOTAL $ 09069.00 APPROVED BY: RECEDED BY: AUDITOR -CONTROLLER' TREASURER By: _ By: write=treasurer pink --auditor canary=depdsitar golden rod=file - .. .. ,...r`FI�V' _!.,•.l i, 4nw„y,i.';n CtIY(A (9tl E..W:v;.. ,1,,,��l ._,. ,.z . �`.... Y �.,�,��✓-,a Ti-s-%��Tiu_,a�-,✓i .,:.r :e�,,r �'. Rm-. � � :I � :P. —Janua 30- 2004 � De�el4opment Sery ces� Friday , ��� tt - "- " - Counter..................................__...-- .;.lanntn Steve DDSP g! ' $700-00 0 $700 00 Person: (General Fund) i "N. bPayment Date i1 /30/2004 Pubhc Works — - $150 —, 00 Receipt Number __.. _— _._ 394749 Environmental Haalth $185.00 . .............. . .............................................................. .. . .. . Received From , (Perry & McCullough - • � .., ...... . .... . .... . .. . ...... .... .. .... ... .. ... ...... CDF( Fire Department) - -- ' ....... ............ ... ....... $43.00 :._ -- -_ _-.._..__..... _....._...... _._.._....._.:.._ Applicant (Perry & McCullough D O E - $36 00 (Rec'ording Fee >N I........ - — -- --- ......................... Mmrne untUN ` Application Number , 11P 04-17 $1, 500'or $2,000 - o�, In' Reference, To - _ ---. .....__ Pla v E R nrn / e ng R w ie $0 00....` Parcel' Number 039-540-025 , 3 E Fish/Game $0.00 Check Number /Cash, 2547 Per 4942 ( ry)P E ;;: . (McCullough) TotaReceivec!Ig$�114 00 3 $0.00 . _ _..... _..-- - - --$0.00 a a Norr. Sufficient TotalF $14;r� Funds (S25 00 Fee) s n...� Celle. Tower, - o0 $0 r i 0 I 8/1/2005 Butte`County Department of Development Services 10:40 AM Pre -Bill Worksheet Page 4 1 Perry & McCullough.UP 04-17:Marlene Perry & Kathy McCullough (continued) Total of Fees (Time Charges) Total of Costs (Expense Charges) Total new charges Accounts Receivables DatejID Type Description . 1/30/2004 CRED Credit - Receipt #394749, Check 2547. 553 1/30/2004 INV Invoice 554 1/30/2004 CRED Credit NOD/NOE Recording Fee 555 • � Receipt #394749. Check #2547; , _ 1_* %1 VOID CHECK #4942 . V Amount Total $637.91 $78:98 ($143.00) $36.00 ($36.00). $716.89 3/1/2004 PAY Payment - Receipt #394774, heck 1743 ($557.00) 634 Replacement check for previous insufficient funds, ck #4942 �- 1.1117/2004 REF Refund - Kathy McCullough --Sent to Auditors 11/17/04 $45.64 _ -__.1555 11/17/2004 REF Refund $45.64 1556 Sent to Auditors 121/17/04 Total Accounts Receivable Total New Balance Amount to replenish account to $700.00 ($608.72) . . $108.17 . $700.00 Employee Summary Employee Rate Hours Charges Slip Value Adjustment SB, 58.95 4.27 $251.73 $251.73 0.00 CD 59.11 1.83 $108.17 $108.17 0.00 r LP 59.00 1.50 $88.50 $88.50 0.00 LR 44.86 3.89 $174.51 $174.51 0.00 CAS 45.45 0.33 $15.00 $15.00 0.00 8/1/2005 Butte County Department of Development Services 10:40 AM Pre-Bill Worksheet Nickname Perry & McCullough.UP 04-171 UP 04-17 Full Name Marlene Perry & Kathy McCullough Address 2387 Brown Street Durham CA 95938 Business Fax Home (530) 342-4522 Other (530) 345-3580 In Ref To 9413 Corbett Court, Durham, CA 95938 Notes Date Employee Rate Hours ID Task Markup % DNB Time Amount DNB Amt Page 1 Total 1/30/2004 Steve 59.00 0.33 19.67 Billable 3057 Circulation - Planner Took in application 2/3/2004 Steve 59.00 0.17 9.83 Billable 3058 Circulation - Planner Determine an application's completeness/circulate for staff comments/analysis. 2/5/2004 Lynn 45.00 0.84 37.60 Billable 3100 Initial Processing - Clerical Input, initial clerical processing of application. 2/5/2004 Larry 59.00 1.50 88.50 Billable 3111 Mapping Generate maps for current projects. 2/18/2004 Steve 59.00 0.25 14.75 Billable 3324 Meeting - Planner IDR meeting 4/22/2004 Steve 59.00 0.33 19.67 Billable 3974 Report &/or Project Analysis Worked on agenda report 4/23.2004 Steve 59.00 0.25 14.75 Billable 3978 Report &/or Project Analysis Worked on agenda report 5/19/2004 Steve 59.00 0.58 34.42 Billable 4104 Report &/or Project Analysis Worked on agenda report 5/24/2004 Steve 59.00 0.25 14.75 Billable 4153 Report &/or Project Analysis Worked on agenda report 2/12/2004 Steve 59.00 0.50 29.50 Billable 4154 Site Review Field review of project site/vicinity including travel time. 0 8/1/2005 Butte County Department of Development Services 10:40 AM Pre -Bill Worksheet Perry & McCullough.UP 04-17:Mariene Perry & Kathy McCullough (continued) Date Employee Rate Hours ID Task Markup % DNB Time . Amount DNB Amt Page 2 Total 5/27/2004 Steve 59.00 0.67 39.33 Billable 4170 Report &/or Project Analysis Worked on agenda report 5/28/2004 Steve 59.00 0.25 14.75 Billable 4176 Report &/or Project Analysis Worked on report, e-mailed it to JB 6/2/2004 Joe 59.00 0.77 45.69 Do Not Bill 4185 Management Review 0.77 45.69 Management Re\iew - Agenda Report 6/2/2004 Joe 59.00 0.25 14.75 Do Not Bill 4201 Management Review 0.25 14.75 Management Review - IDR Meeting 6/2/2004 Steve 59.00 0.25 14.75 Billable 4236 Meeting - Planner OR meeting 6/2/2004 Steve 59.00 0.07 3.93 Billable 4255 Phone Calls/Counter - Planner Phone call with Ms. Perry 6/7/2004 Steve 59.00 0.10 5.90 Billable 4269 Report &/or Project Analysis Changed the footer per JB's e-mail 6/8/2004 Lynn 45.00 0.65 29.28 Billable 4278 Publication - Clerical Time spent preparing & publishing for Hearing related to applicant. 6/24;2004 Lynn 45.00 0.82 36,.75 Billable 4614 Mtg - Clerical Arrange/attend associated with project review (incl Public Hearings) 6/25/2004 Lynn 45.00 0.83 37.13 Billable 4621 Mtg - Clerical Arrange/attend associated with project review (incl. Public Hearings) 7/1/2004 Lynn 45.00 0.50 22.50 Billable 4672 Packets - Clerical Prepare packets for meetings/mailings. 7/8/2004 Lynn 45.00 0.25 11.25 Billable 4743 Mtg - Clerical Arrange/attend associated with project review (incl. Public Hearings) , 8/1/2005 Butte County'Department of Development Services 10:40 AM Pre -Bill Worksheet Page 3 Perry & McCullough.UP 04-17:Mariene Perry & Kathy McCullough (continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 7/8/2004 Steve 59.00 0.27 15.73 Billable 4751 Hearing - Planner Planning Commission meeting 7!8/2004 Cheryl 45.00 0.33 15.00 Billable 4758 Administrative -Clerical Time spent on billing and other administrative tasks not related to processing . 8/19/2004 Cheryl 45.00 0.25 11.25 Do Not Bill 5370 Administrative -Clerical 0.25 11.25 Time spent on billing and other administrative tasks not related to processing . . 11/5/2004 Cheryl 45.00 0.33 15.00 Do Not Bill 6504 Administrative -Clerical 0.33 15.00 Time spent on billing and other administrative tasks not related to processing . 5/17/2005 Cad 59.00 1.08 63.92 Billable 8687 Site. Review •Reports and/or project analysis related to the application. Site visit to determine status of project. 5/1812005 Cad 59.00 0.75 44.25 Billable 8716 Report &/or Project Analysis Reports and/or project analysis related to the application. Review complyance of condtions. TOTAL Billable Fees 11.82. $637.91 Do Not Bill 1.60 $86.69 Date Employee Price Quantity Amount Total ID Expense Markup % 6/10/2004 PUBLISH 78.98 1.000 78.98 Billable, - 4317 Publishing Expense i Publish in Newspaper Chico ER 6/10/04 F04-145 TOTAL Billable Costs $78.98 , Received 'Ihe Sum For Lj +` ; L-3 - k, i Received: j'\ a3? �uC-Cs Z S Received By r T; .CASH Z S i'i - `1i Jv r u V, Title CHECK' L1 -�� Lt -Z- ,q DAVCO BUSINESS FORMS • (530) 74348511 Form 75702 COUNTY OF BUTTE 3 t OFFICIAL RECEIPT 94749 OFFICE OR DEPARTMENT ISSUING RECEIPT 1i'\„ 7A.L1 DEPOSIT SHEET DATE: 2/2/2004 PLANNING DIVISION BAG NUMBER: 1329 RECEIPT NUMBER DDS (PLANNING) (Applicallon Fees) F-0010 RC 4210900 PUBLIC .WORKS (LAND DEV) F-0010 RC 4611700 ENVIRONMTL HEALTH F-0010 RC 4614901 FIRE PLNG APPL. FEE FUND - 0100 RC 4617240 NOD / NOE CLERK'S $36 FILING FEE F-0010 RC 4612319 AUNT MINNIE DEPOSITS $1500/$2000 F- 1001 101 1305 PLANNING REVIEW EIR - DEPOSIT F- 1001 101 1110 FISH 8 GAME (RECORDER) $850/$1250 F- 1001 101 1460 DOT - ALUC F-0010 RC 4617241 NSF (RETURNED CHECK FEE) F-0010 RC 4610105 Land Dev Celt Tower Dep DEPOSIT F-1001 101 1307 DOCUMENT COPY SALES F-0010 RC 4711910 394748 2,000.00 150.00 287.00 43.00 36.00 394749 _700.00. 150.00' 185.00 43.00 $ -36.00 394750 $ 700.00 $ 150.00 185.00 43.00 36.00 394751 10.00 -- 394752 1,000.00 $ 650.00 - 215.00 36.00 394753 - - - $ - - $ 300.00 394754 700.00 150.00 185.00 43.00 36.00 GRAND TOTAL TO BE DEPOSITED $ 8,069.00 By:—''�" PREPARED BY: Diane Lewellen, Eft. 6869 Revised 11/1/02 I 1 COUNTY OF BUTTE A UDiTOR'S CERTIFICATE AND TREAS .►RER*5 RECEIPT t3E;0101-LE, CA RECEVVED FROM p'LIAINNINC SAG 0329 FUND DESCRIPTION TITLE DEPOSIT DATE: 2.3 RECEIPTS: -94748-3347-94 DATE FUND DEPT ACCT CASH CODE CODE CODE CODE PLANNING APF'L FEE'S GENL OL110 44=19 4214-6W l0lml LAND � IE'+tT-LOPMEINT GENL QW10 440004 46il'COC4 bolo e ENVIRONMENTAL HLTH GENL 0010 543M 491A9gbl 101001 FIRE FLNG APPL FEE FIRE PROTECT 090 .46172AO lolw`§ NOWNDE CLERK'S FILING FE GENL 0010 47OW1 46'l.1a19 901001 D.O_T.-ALUC PLANING GENL 001-0 40001 49-17241 101001 AF00UNT"' 5,1 woo 1,2-,30.00 8$2.00 357.00 Iso.i0 TOTAL.. 8,069.00 AUDITOR. -CONTROLLER TREASURER By:r r / i��'',�G- - BY..- Thursday, August 25, 2005 Development Services PLANNING DIVISION Ver. 1.0 ICounter $0.00 —7 I Person Piane 1 Payment Date 3/1/2004 $0.00 L394774 Receipt Number 'Kathy McCullough Received From $0.00 'Perry & McCullough Applicant $0.00 'UP 04-17 Application Number or In Reference To i Parcel Number 039-540-025 (Recording Fee) i1743 Check Number/Cash Aunt Minnie F $582.00 7 - Total Received Total Fees [- $582.00 DDS Planning $0.00 $957.00 (General Fund) Non Sufficient Funds ($25.00 Fee) Public Works Cell Tower ($2500.00) $0.00 (Land Development) Environmental $0.00 $0.00 CDF (Fire D i $0.00 NOD / NOE (Recording Fee) Aunt Minnie $0.00 $1, 500 or $2,000 Planning Review EIR T $0.00 Fish/Game $0.00 ALUC (Airport Land Use) $25 Non Sufficient Funds ($25.00 Fee) Cell Tower ($2500.00) $0 0.00 .00 .00 Public Sales Co $0.00 Other: $0.00 0 Thursday, August 25, 2005 Development Services PLANNING DIVISION ver. 1.0 Counter ------ , _ Person !Steve --- Payment Date 1/30/2004 Receipt Number 394749 Received From:Perry & McCullough Applicant :Perry & McCullough Application Number UP 04-17 or In Reference To Parcel Number 1039-540-025 i Check Number/ Cash ;2547 (Perry), 4942 !(McCullough) Total Received 1,114.00 Total Fees $1,114.00 DDS Planning $700.00 (General Fund) I $0.00 $0.00 Public Works $150.00 (Land Development) $0.00 — Environmental Health $185.00 CDF (Fire Department) $43.00 NOD / NOE $36.00 9 (Recording Fee) T $0.00 Aunt Minnie $1, 500 or $2,000 $0.00 Planning Review / EIR Fish/Game $0.00 ALUC (Airport Land I $0.00 $0.00 Non Sufficient Funds ($25.00 Fee) Cell Tower ($2500.00) $0.00 — Public Sales / Copies $0.00 : Other: $0.00 i 3 0 • 9/9/2005 Butte County Department of Development Services 9:51 AM Pre -Bill Worksheet Page 3 Perry & McCullough.UP 04-17:Madene Perry & Kathy McCullough (continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 7/8/2004 Steve 59.00 0.27 15.73 Billable 4751 Hearing - Planner Planning Commission meeting 7/8/2004 Cheryl 45.00 0.33 15.00 Billable 4758 Administrative -Clerical Time spent on billing and other administrative tasks not related to processing . 8/19/2004 Cheryl 45.00 0.25 11.25 Do Not Bill 5370 Administrative -Clerical 0.25 11.25 Time spent on billing and other administrative tasks not related to processing . 11/5/2004 Cheryl 45:00 0.33 15.00 Do Not Bill 6504 Administrative -Clerical 0.33 15.00 Time spent on billing and other administrative tasks not related to processing . 5/17/2005 Carl 59.00 1.08 63.92 Bill e 8687 Site Review Reports and/or project analysis related to the application. Site visit to determine status of project. 5/18/2005 Carl 59.00 0.75 44.25 ill 1e 8716 Report &/or Project Analysis Reports and/or project analysis related to the application. Review complyance of condtions. TOTAL Billable Fees 11.82 $637.91 Do Not Bill 1.60 $86.69 Date Employee Price Quantity Amount Total ID Expense Markup % 6/10/2004 PUBLISH 78.98 1.000 78.98 Billable 4317 Publishing Expense Publish in Newspaper Chico ER 6/10/04 F04-145 TOTAL Billable Costs . $78.98 9/9/2005 Butte County Department of Development Services 9:51 AM Pre -Bill Worksheet Perry & McCullough.UP 04-17:Marlene Perry & Kathy McCullough (continued) Total of Fees (Time Charges) Total of Costs (Expense Charges) Total new charges Accounts Receivables DatejID Type Description 1/30/2004 CRIED Credit - Receipt #394749, Check 2547. 553 SB 1/30/2004 INV Invoice 554 LP 3/1/2004 PAY Payment - Receipt #394774, Check 1743 634 CAS 45.45 Replacement check for previous insufficient funds, ck #4942 - 11/17/2004 REF Refund - Kathy McCullough - Sent to Auditors 11/17/04 1555 3.89 11/17/2004 REF Refund 1556 0.33 $15.00 Sent to Auditors 121/17/04 12/1/2004 PAY Payment - NOD/NOE Recording Fee 2069 Receipt #394749. Check #2547; VOID CHECK #4942 Total Accounts Receivable' Total New Balance Amount to replenish account to $700.00 Employee Rate SB 58.95 CD 59.11 LP 59.00 LR 44.86 CAS 45.45 Employee Summary Page . 4 Amount Total $637.91 $78,98 ($143.00) $36.00 ($557.00) -$45.64 $45.64 ($36.00) $700.00 ,v, 1v.Ju ($608.72) $108.1; Hours _ Charges Slip Value Adjustment 4.27 $251.73 $251.73 0.00 •. 1.83 $108.17 $108.17 0.00 1.50 $88.50 $88.50 0.00 3.89 $174.51 $174.51 0.00, 0.33 $15.00 $15.00 0.00 9/9/2005 Butte County Department of Development Services 9:51 AM Pre -Bill Worksheet Page 1 Nickname Perry & McCullough.UP 04-17 1 UP 04-17 Full Name Marlene Perry & Kathy McCullough Address 2387 Brown Street Durham CA 95938 Business Fax Home (530) 342-4522 Other (530) 345-3580 In Ref To 9413 Corbett Court, Durham, CA 95938 Notes Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 1/30/2004 Steve 59.00 0.33 19.67 Billable 3057 Circulation - Planner Took in application 2/3/2004 Steve 59.00 0.17 3058 Circulation - Planner Determine an application's completeness/circulate for staff comments/analysis. 2/5/2004 Lynn 45.00 0.84 3100 Initial Processing - Clerical Input, initial clerical processing of application. 2/5/2004 .Larry 59.00 1.50 3111 Mapping Generate maps for current projects. 2/18/2004 Steve 59.00 0.25 3324 Meeting - Planner IDR meeting 4/22'2004 Steve 59.00 0.33 3974 Report &/or Project Analysis Worked on agenda report 4/23/2004 Steve 59.00 0.25 3978 Report &/or Project Analysis Worked on agenda report 5/19/2004 Steve 59.00 0.58 4104 Report &/or Project Analysis Worked on agenda report 5/24/2004 Steve 59.00 0.25 4153 Report &/or Project Analysis Worked on agenda report 2/12/2004 Steve 59.00 0.50 4154 Site Review Field review of project site/vicinity including travel time. 9.83 Billable 37.60 Billabe 88.50 Billable 14.75 Billabla 19.67 Billable 14.75 Billable 34.42 Billable 14.75 Billable 29.50 Billable - „0 9/9/2005 Butte County Department of Development Services 9:51 AM Pre -Bill Worksheet Perry & McCullough.LIP 04-17:Marlene Perry & Kathy McCullough (continued) Date Employee Rate Hours ID Task Markup % DNB Time 5/27/2004 Steve 59.00 0.67 4170 Report &/or Project Analysis Worked on agenda report 5/28/2004 Steve 59.00 0.25 4176 Report &/or Project Analysis Worked on report, e-mailed it to JB 6/2/2004 Joe 59.00 0.77 4185 Management Review 0.77 Management Review - Agenda Report 6/2/2004 Joe 59.00 0.25 . 4201 Management Review 0.25 Management Review -IDR Meeting 6/2/2004 Steve 59.00 0.25 4236 Meeting - Planner OR meeting 6/2/2004 Steve 59.00 0.07 4255 Phone Calls/Counter - Planner Phone call with Ms. Perry 6/7/2004 Steve 59.00 0.10 4269 Report &/or Project Analysis Changed the footer per JB's e-mail 6/8/2004 Lynn 45.00 0.65 4278 Publication - Clerical Time spent preparing & publishing for Hearing related to applicant. 6/24/2004 Lynn 45.00 0.82 4614 Mtg - Clerical Arrange/attend associated with project review (incl. Public Hearings) 6/25.2004 Lynn 45.00 0.83 4621 Mtg - Clerical Arrange/attend associated with project review (incl. Public Hearings) 7/112004 Lynn 45.00 0.50 4672 Packets - Clerical Prepare packets for meetings/mailings. 7/8i2004 Lynn 45.00 0.25 4743 Mtg - Clerical Arrange/attend associated with project review (incl. Public Hearings) Page 2 Amount Total DNB Amt 39.33 Billable 14.75 Billable 45.69 Do Not Bill 45.69 14.75 Do Not E ill 14.75 14.75 Billable 3.93 Billabe 5.90 Billabe 29.28 Billable 36.75 Billable 37.13 Billabl5 22.50 Billable 11.25 Billable BUTTE COUNTY DECLARATION OF FEES DUE JUN 1, 5 2005 (California Fish and Game Code Section 711.4) DEVELOPMENT evlolnrve NAME AND ADDRESS OF APPLICANT Marlene Perry & Kathy McCullough 2387 Brown Street Durham, CA 95938 JUN 1-11i3 1 5 ,CANDACE J. C ' ;,S. BUTTE .0. CLERK DEPUTY FILING NO. Project Title/File Number: Use Permit, UP 04-17 APN: 039-540-025 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ( ) B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee NOTICE OF DETERMINATION - FEE REQUIRED ( ) . A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary. Handling Fee OTHER (Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s) # 394749 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Yvonne Christopher Title:. Director - Development Services Lead Agency: Butte County Department of Development Services Date: Tune 2, 2005 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF 131 ITTE. r� • r] APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: Use Permit, UP 04-17 Assessor's Parcel No.: 039-540-025 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Applicant: Marlene Perry & Kathy McCullough, 2387 Brown Street, Durham, CA 95938 Project Location -Specific: on the west side of Durham -Dayton Highway, approximately 570 feet north of G. Warren Drive, at 2547 Project Location -City: Durham Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Use Permit to allow a change in a legal nonconforming use. The change would be from a communications business to a preschool Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) Ministerial (Sec. 15073) Declared Emergency [Sec. 15071(a)j Emergency Project [Sec. 15071 (b) and (c)] Categorical Exemption. State type and section number: 15303(a) Statutorily Exempt - 15274(a) Reasons why project is exempt: One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Contact Person: Stephen Betts Telephone: (530) 538-7601 If filed by applicant: 1. , Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No iDate Received For Filing: . -Dev -Mon dayi'� F cbtubrq-_,02, 2004' Counter Person �teve Payment Date 1/30/2004 Receipt Number 1394749 Received From Perry & McCullough Applicant Perry & McCullough Application Number up 04_1_7 or In Reference To Parcel Numb 039-540-025 Check Number TZ7ash 2547 (Perry), 4942 (McCullough) & id r I I 1 0 As A -4, NVISION; -ver. 1.0 DDSPlanning$700.00 I(General Fund) Public Works $150.00 _j Environmental Health CDF (Fire Department) NOD I NOE (Recording Fee) 1 :Aunt Minnie $1, 500 or $2,000 Planning Review EIR Fish/Game ALUC INon Sufficient Funds ($25.00 Fee) $185.00 $43.00 $36.00 $0.00 $0.00 $0.00 $0.00 $0.00 Cell Tower $0.00 Public Sales / Copies $0.00 Other: $0.00 0 • 0 E01 U`,h i 0 F 2-1, - j 1 —1 F CvCi-mi FI A'Nicl TREA., H RIE E,,,. I EFE 1 FRi DMI Y I A 4 12, e J?3 B =i?:? 0 3'! 170 UA -!'E FUND FUNE, 0 -T -PT CASP E s R i T 0 2 'A ITTLE C017DE .-CC)DE CODE c 0 Tj E A Fj Q' N -- DEFO-Sll' DATE: 2 -3 F-I-ANNiNG APPL FEES 01 E P al CXMI 4 �,U) i .42"Velsf 19IMil b., I I ci. cli IF -:LGPMFN' OEML D VT IT C0 10 Uclp" Mo A -T 10; 1 &j i 1,2-50.CT, -Ei W.R ENIL M F -i -S=E Aa -'F L FEE RRE FF%-l-,*TEc-- 0' -31-) 46 172210, 1 D I CK31 38 HODi-NIDE CLERIK',"S FILJISK� FIE Gr=M- W 13 ATa-10 "I 461.TM if-Mor3l] ISO.Cif" D-CI.T.-ALUIC Fi-ANNHANH-3 fl;T1113.0 .44 -MV -041 Afml,?24i 2-15TIl.tX1 DEPOSIT SHEET DATE: 2/2/2004 PLANNING DIVISION BAG NUMBER: 329 RECEIPT NUMBER DDS (PLANNING) (Application Fees) F-0010 RC 4210900 PUBLIC .WORKS (LAND DEV) F-0010 RC 4611700 ENVIRONMTL HEALTH F-0010 RC 4614901 FIRE PLNG APPL. FEE FUND - 0100 RC 4617240 NOD / NOE CLERK'S $36 FILING FEE F-0010 RC 4612319 AUNT MINNIE DEPOSITS $1500/$2000 F- 1001 101 1305 PLANNING REVIEW EIR - DEPOSIT F- 1001 101 1110 FISH 8 GAME (RECORDER) $650/$1250 F- 1001 lot 1460 DOT - ALUC F-0010 RC 4617241 NSF (RETURNED CHECK FEE) F-0010 RC 4610105 Land Dev Cell Tower Dep DEPOSIT F-1001 101 1307 DOCUMENT COPY SALES F-0010 RC 4711910 394748 2,000.00 150.00 287.00 43.00 36.00 394749 $ 700.00 $ 150.00 185.00 43.00 $ 36.00 394750 $ 700.00 $ 150.00 185.00 $ 43.00 $ 36.00 394751 10.00 $ - - - $ - 394752 394753 1,000.00 - 650.00 - - - $ $ 215.00 - 36.00 - $ 300.00 394754 700.00 150.00 185.00 43.00 36.00 GRAND TOTAL TO BE DEPOSITED $ 8,069.00 By: PREPARED BY: Diane Lewellen, Eit. 6869 Revised 11/1/02 a 10 CAI • MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Marlene Perry & Kathy. McCullough, UP 04-17 DATE: June 2, 2005 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 039-540-025, was: Rezoned from to zoning district. Granted a variance to X Issued a conditional Use Permit to allow a change in a legal nonconforming use. The change would be from a communications business to a preschool, located on the west side of Durham -Dayton Highway, approximately 570 feet north of G. Warren Drive, at 2547, zoned SR -1 (Suburban Residential, .1 -acre parcels). I V, Butte County Departrnent ofDevelopment Services YVONNE CHRISTOPHER, DIRECTOR . 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING June 2, 2005 Marlene Perry & Kathy McCullough 2387 Brown Street Durham, CA 95938 CERTIFIED MAIL Re: Use Permit UP 04-17, APN 039-540-025 Dear Ms. Perry and Ms. McCullough: Enclosed is your validated Use Permit to allow a change in a legal nonconforming use. The change would be from a communications business to a preschool, located on the west side of Durham -Dayton Highway, approximately 570 feet north of G. Warren Drive, at 2547. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. • s Sincerely, {U.S. Postal ServiceTM � l wn n n I (✓ `�K , RECEIPT 0(Domestic c / .r Lynn Richardson ' Commission Clerk IM OFFICIAL t ru, Pest enc. - gge $ C3 Certified Fee cc: Land Development Division (g) + o, (EndOMme� Requtired) P" perk Building Division (y) i C Re' :,,1edDe"V r' Fee Environmental Health (p) cEoderseme°`Regoired� �= Department of Forestry (gld) I r" TotalPp�g� - V G.I.S.c3 enr e Marlene Perry.& Kathy McCullough C3 2387 Brown Street a Po ft- + Durham, CA 95938 ' PS Form 3800, June 2002 See Reverse for instruc 1 USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 04-17 PERMIT NO. - 039-540-025 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Marlene Perry and Kathy McCullough are hereby granted a Use Permit to change a nonconforming use to a preschool for up to thirty (30) children on property zoned SR -1, subject to the following conditions: - 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code. Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by.this permit :rust be established within two years of the -date of approval. 3. Minor changes may be approved administratively by the . Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be ,made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years. of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted, under the expired Permit unless, 30 days prior to the expiration date, a request for a one-year extension is. submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or State regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. The project site shall be developed in accordance with the approved project site and floor, plans and the conditions contained herein. Said site/floor plans are on file in the Planning Division, are identified as "Attachment C" and, date-stamped June 30, 2004, and are incorporated herein by this reference. 2. The preschool shall be limited to no more than thirty (30) children. 3. No parking or loading/unloading on Durham Dayton Road shall be allowed. 4. The preschool operator shall ensure that .there is at least one (1)..markecl.parking space per classroom or office. 5. The parking spaces for the Butte County Library (Durham Branch) shall not be utilized by any employee of the preschool or by any person dropping off or picking up their children from the preschool. 6. .Prior to occupancy of the building, the applicant shall obtain the required permit(s) from the California Department of Social Service,, Community Care Licensing Division. 7. Should construction activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. 2 8. All new outside lights shall be fully shielded to prevent glare and excess light on adjacent/nearby parcels. 9. A seven (7) foot tall solid fence shall be installed and maintained five (5) feet east of the west property line. 10. Redwood trees shall be planted and maintained in a healthy manner (and replaced as necessary) on the east side of the new fence in order to create a -visual barrier. 11. Redwood trees or other vegetation that would provide a visual barrier, shall be planted and maintained in a healthy manner (and replaced as necessary) along the north and south property lines west of the preschool building in order to create a visual barrier. 12. No outside activities shall occur prior to 7:30 a. M-. 13. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Building Division 14. Building permits are required for the change of occupancy. Prior to occupancy of the building, the applicant shall submit building modification plans to the Building Division for review and approval and obtain all necessary permits. The applicant shall submit a copy of the building permit to the Planning Division. Public Works Department 15. Prior to occupancy of the building obtain an encroachment permit for all new or existing . driveway approaches and. construct them to County standards, as specified in County Improvement Standards. Butte County Fire Department/CDF 16. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. 17. Prior to issuance of the Use Permit, provide plans and specifications to the Butte County Fire Chief to determine compliance with fire. and life safety standards of Titles 19 and 24, California Code of Regulations. Environmental Health Division 18. Prior to issuance of the Use Permit, install additional septic system, under permit issued by the Environmental Health Division, to accommodate the sewage flow per day for the maximum number of students and employees. A replacement leach line area for the full system must be available and kept in reserve. 3 19. Prior to issuance of the Use Permit, destroy the abandoned well. that is on the parcel under permit issued'by the Environmental Health Division. County Counsel 20. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Date: 4L6' Applic6ft NOTE: Issuance of this Use Permit does not waive requirement of. obtaining Building and Health Department permits before startingcons ction, nor d es it waive any other requirements. Butte County Planning Commission Chairman cc: Building Division Environmental Health Division Land Development Division Fire Deparhment/CDF Butte County Assessor's Office California Department of Social Services, Community Care Licensing Division GIS F41 f 7 Wim. �•rr c. a`� � �� , ra mi i ..P{:•.', ,� �, ] � :i, , ; �:'ri u ,.k?�; ;;,�:<: - 1. Oo r 1/6A d pet I YW s k • � �:e ri" s . b , tl .f t� APP,ROIVED. s.. Oeabpment Plan DATE -a6 USE PERMIT , ARLANCE; ..;_ a j RE MINOR U,P....._ADII'I•PERMrr ' All PLANNING'COMMISS. MAR 2 2 2004 PLANNING MANAGER BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES rr;r.,�. } � 1 .'l;•. i t T. f'S' ,� � t. :,1 1 ;�1 s.� .•F ^, tr � y�'+�r ,� 5 ' st S-�r� McCaw v p-4 . . . ... .... a. :r r N :x M mm A! N NJ T�.. Tmzl yn IV MAR 2 2 2004 I �' :::"" - 2- — BUTTE COUNTY DEPAR9MENT OF P ouLsmiff"isu. IMPOW-1- W DEVELOPMENT SERVICES 50 t:-7"" COMMERCIAL 'FIE -AGE & • 'RESIDENTIAL'o AG IND�USWT • FARMS.- DUCKCLUBS for M*Qwm*omg. SSS&A&pmslbWly vo Dbov9 h&s been soGurod frt APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research' FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 n n X County Clerk County of Butte 25 County Center Drive JUN Oroville, CA 95965 CANDACE 1. CsiaepUT. iE C1.:RK Project Title: Use Permit, UP 04-17 Assessor's Parcel No.: 039-540-025 Applicant: Marlene Perry & Kathy McCullough, 2387 Brown Street, Durham, CA 95938 Project Location -Specific: on the west side of Durham -Dayton Highway, approximately 570 feet north of G. Warren Drive, at 2547 Project Location -City: Durham Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Use Permit to allow a change in a legal nonconforming use. The change would be from a communications business to a preschool Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) — Ministerial (Sec. 15073) — Declared Emergency [Sec. 15071(a)] — Emergency Project [Sec. 15071 (b) and (c)] Categorical Exemption. State type and section number: 15303(a) Statutorily Exempt– 15274(a) Reasons why project is exempt: One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Contact Person: Stephen Betts Telephone: (530) 538-7601 If filed by applicant: . 1. • Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: r DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Marlene Perry & Kathy McCullough 2387 Brown Street Durham, CA 95938 FILING NO. Project Title/File Number: Use Permit, UP 04-17 APN: 039-540-025 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary'Handling Fee ( ) B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s) # 394749 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief PlanninLy Official By: Yvonne Christopher Title: Director - Development Services Lead Agency: Butte County Department of Development Services Date: .Tune 2, 2005 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE 13UTTE COUNTY CLERK'S OFFICE. MAKE C'HEC'KS PAYABLE TO THE COUNTY OF BUTTE. =Monday,^.February 02; 2004y'tY r Developlmenl _ PLA►NNINGA Counter DDS Planning Person I Steve (General Fund) Payment Date 1/30/2004 Receipt Number 394749 Received From Perry & McCullough i Environmental Health Applicant Perry & McCullough Application Number UP 04-17 ^ ' $43.00 or In Reference To - Parcel Number 039-540-025 (Recording Fee) Check Number / Cash 2547 (Perry), 4942 i (McCullough) TotaliReceived $1, 500 or $2,000 iTotall Fees �: 11#t ��� r — - •. M .'cif . C 3 a.m.Q- Planning Review / EIR Services- )IVISION : ver. 1.0 DDS Planning $700.00 (General Fund) Public Works $150.00 Environmental Health $185.00 CDF (Fire Department) $43.00 NOD / NOE $36.00 (Recording Fee) Aunt Minnie $0.00 $1, 500 or $2,000 Planning Review / EIR $0.00 Fish/Game — $0.00 ALU C $0.00 Non;Sufficient $0.00 Funds ($25.00 Fee) Cell Tower ' $0.00 Public Sales /Copies $0.00 Other: $0.00 ; U� ,I ;' OF tUE. 3'i'— 9 Z': '�( Tom^ ?� a '�t'�i�—• a 3:^!r:�' ; ` 4 R"r o:L f - � BA, G 4Y 3219 -n"TLF CODE CODE DEFO-Si-rl DATE: 2,3 l. TS- fAMWZ-23 ]LAND DEVFLOPMENT ?�J�'��3i1`1������'3 v�u-:-''-ems �•1'"=..Y� r 35= E PLNCi ATFL FEE FUND FUNE". DEPT ACCT sw�w UNITE CASH c. ) DE AM,0UN T o--=suz.u:..xrsr+.m1�r�.r-assa.�o.*m:w-s¢e:_rx-rmzcavxs.-a�y�a._•mce.-_-e•.yesn:rr..cecraar.:cam—J.reex=+-e:-.r_-xr=.r.�.•assrs_Berns^�_.:.tcYme.o-rres-nra.�n>m.�• TOTA41- 811069.00, ii' � �� i`t .. •ia P4I's £ fgp'S_?.': , r: 0EHL 44VOCA 4-a iI Pa4 101ijo NL W 1=3r'i FPC-I$FC T CAT3.0 °tea 3 +1 a _ ;a_I 1 2:)a: AM,0UN T o--=suz.u:..xrsr+.m1�r�.r-assa.�o.*m:w-s¢e:_rx-rmzcavxs.-a�y�a._•mce.-_-e•.yesn:rr..cecraar.:cam—J.reex=+-e:-.r_-xr=.r.�.•assrs_Berns^�_.:.tcYme.o-rres-nra.�n>m.�• TOTA41- 811069.00, ii' � �� i`t .. •ia P4I's £ fgp'S_?.': , r: DEPOSIT SHEET DATE: 2/2/2004 PLANNING DIVISION BAG NUMBER: 1329 RECEIPT NUMBER DDS PUBLIC WORKS (PLANNING) (LAND DEV) (Application Fees) F-0010 F-0010 RC 4210900 RC 4611700 ENVIRONMTL HEALTH F-0010 RC 4614901 FIRE PLNG NOD / NOE APPL. FEE CLERK'S $36 FILING FEE FUND - 0100 F-0010 RC 4617240 RC 4612319 AUNT MINNIE DEPOSITS $1500/$2000 F- 1001 101 1305 PLANNING REVIEW EIR - DEPOSIT F- 1001 101 1110 FISH & GAME (RECORDER) $850/$1250 F- 1001 101 1460 DOT - ALUC F-0010 RC 4617241 NSF (RETURNED CHECK FEE) F-0010 RC 4610105 Land Dev Cell Tower Dep DEPOSIT F-1001 101 1307 DOCUMENT COPY SALES F-0010 RC 4711910 39_4748 2,000.00 150.00 '77-870-0 43.00 36.00 3947_49. =$=700-.0,0--:$-150.00- 7-18550. -$-43.0.0- $! 36.00 394750 $ 700.00 $ 150.00 7 185.00 43.00 $ 36.00 394751 10.00 - - - $ - 394752 $ 1,000.00 $ 650.00 - $ 215.00 36.00 394753 - - - $ - - $ 300.00 394754 700.00 150.00 185.00 43.00 $ 36.00 �— GRAND TOTAL TO BE DEPOSITED Y $ 8,069.00 PREPARED BY: Diane Lewellen, EJB. 6869 Revised 11/1/02 MAY -23-2005.05:38 AM KATHY&CURTIS-McCULLOUGH 530 892 8086 P.01 May 23, 2005 Butte County Building Office Attn: Carl Darling RE: Use permit for 2547 Durham Dayton Hwy. Carl: Here is the fire clearance from Steve Fowler. I cannot at this time find the original letter stating things to be fixed. Steve is out of the office until June 5. He did however goes through everything with us and made sure that none of our improvements would need a building permit. I will forward letter when I get a copy of one. Thanks for your assistance in this matter. Sincerely, Kathy McCullough Durham Children's Center ✓'ft -C. aQA)4 1'`'[.ON S r- t&, � . �i%(NL✓rLG % G.�J ig L-A Svc- -6, r.-- /=' ` 6TATF,OPRAU�OENU1 FIRE SAFETY INSPECTION REq T CDSS/COMMUNTTY CARE LICENSINO EVALUATORINAME tdftRm 0101 0 90e Ineftoflane on favorm TELEPHON;NUMBER REQUEGTDATE PROGRAM 530 69S-5033 2/17/05 CCC REOUEGTINGAGENCYFACILITY NUMBER REOUESLCODE 045404322 Z8 045404323 1A BULATORY CAPACM I PMC 0 V✓U5 1. ORIGINAL A. FIRE CLEARANCE 2. RENEWAL B. LIFE SAFETY D. CAPACITY CHANGE 4. OWNERSHIP CHANGE 6. ADDRESS CHANGE J 6. NAME CHANGE 7.. OTHER 0 TOTAL 38 _ PAuu I T rQW9 UCENBlCATEGORY • •--_ �.`_r DURHAM CHILDREN'S CENTER 850/840 6TROSTADORESS (A"Loafbry NUMBER OF GUILDINGS 2547 DURHAM DAYTON HWY OITY RESTRAINT DURHAM NONE FACIUW CONTACT PERSONS NAME HOURO MARLENE PERRYIKATHY MCCULLOUGH 342.0109 M -F 6:30AM - S:30 PM evEcjALcorromoN/ REQUESTINO FIRE CLEARANCE FORPRESCHOOL CHILDREN (AGES 2 - 5 YRS) &12) CHOOL• AGE CHILDREN (AGES 6 . • �'i`O �IEr�ddN1PU�'1.'�o•'BY (KBppt;�NG•`AFI'[HOMtI•Y CLEARAWAMENWLCODE FIRE AUTHORITY NAME AND ADDRESS I STEVE FOWLER CDF - BUTTE COUNTY 176 NELSON AVE. OROVILLE, CA 95965 L INSPECT'OR'S NAME0T ;wdorAftW) �T�T/4 iv ' w 7 ,J TELEPHONENUM59R ( 630 �c K 7as )MOOR MCUPANCYCLASS j,,4RE CLEARANCE GRANTED 2. FIRE CLEARANCE DENIED A. EXITS B. CONSTRUCTION C. FIRE ALARM 0. SPRINKLERS E. HOUSEKEEPING F. SPECIAL HAZARD 0. OTHER Steven J. Fowler RFCe jVea L(fe Safety Officer APR z9 Office (530) 538-6837, 166 7045 Pr. (530) 971-8391 Cell (530) 521-8768 ceT meMd Cey Fax. (530)538-2105 Butte County Fire Rescue/CDF Fire 176 NBlson Ave., 0mvill6, CA 95965 . I (_DEPARTMENT OF SOCIAL SERVICES LICENSING AGENCY COMMUNITY CARE LICENSING NAME AND 520 COHASSET ROAD, SUITE 6 ADDRESS CHICO, CA 95926 BULATORY CAPACM I PMC 0 V✓U5 1. ORIGINAL A. FIRE CLEARANCE 2. RENEWAL B. LIFE SAFETY D. CAPACITY CHANGE 4. OWNERSHIP CHANGE 6. ADDRESS CHANGE J 6. NAME CHANGE 7.. OTHER 0 TOTAL 38 _ PAuu I T rQW9 UCENBlCATEGORY • •--_ �.`_r DURHAM CHILDREN'S CENTER 850/840 6TROSTADORESS (A"Loafbry NUMBER OF GUILDINGS 2547 DURHAM DAYTON HWY OITY RESTRAINT DURHAM NONE FACIUW CONTACT PERSONS NAME HOURO MARLENE PERRYIKATHY MCCULLOUGH 342.0109 M -F 6:30AM - S:30 PM evEcjALcorromoN/ REQUESTINO FIRE CLEARANCE FORPRESCHOOL CHILDREN (AGES 2 - 5 YRS) &12) CHOOL• AGE CHILDREN (AGES 6 . • �'i`O �IEr�ddN1PU�'1.'�o•'BY (KBppt;�NG•`AFI'[HOMtI•Y CLEARAWAMENWLCODE FIRE AUTHORITY NAME AND ADDRESS I STEVE FOWLER CDF - BUTTE COUNTY 176 NELSON AVE. OROVILLE, CA 95965 L INSPECT'OR'S NAME0T ;wdorAftW) �T�T/4 iv ' w 7 ,J TELEPHONENUM59R ( 630 �c K 7as )MOOR MCUPANCYCLASS j,,4RE CLEARANCE GRANTED 2. FIRE CLEARANCE DENIED A. EXITS B. CONSTRUCTION C. FIRE ALARM 0. SPRINKLERS E. HOUSEKEEPING F. SPECIAL HAZARD 0. OTHER Steven J. Fowler RFCe jVea L(fe Safety Officer APR z9 Office (530) 538-6837, 166 7045 Pr. (530) 971-8391 Cell (530) 521-8768 ceT meMd Cey Fax. (530)538-2105 Butte County Fire Rescue/CDF Fire 176 NBlson Ave., 0mvill6, CA 95965 . I MAY -'Z3-2005 05:39 AMKOY&CURTIS-McCULLOUGH 5301W 8086 P.02 Page 1 of I Betts, Steve From: Loushine, Tom Sent: Thursday, March 10, 2005 3:37 PM To: Betts, Steve Subject: UP 04-17, AP# 039-540-025, 2547 Durham Dayton Rd., Perry and McCullough Hi Steve, The Environmental Health Conditions of Approval, #14 and #15, have been met for the above indicated Use Permit. Tom 3/11/2005 Butte County Department ofDevelopment Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING November 5, 2004 Marlene Perry & Kathy McCullough 2387 Brown Street Durham, CA 95938 Re: Use Permit, UP 04-17, AP: 039-540-025 Dear Ms. Perry and Ms. McCullough: At the regular meeting of the Butte County Planning Commission held July 8, 2004, your request for a Use Permit to allow a change in a legal nonconforming use was approved subj ect to the conditions listed on the enclosures. The change would be from a communications business to a preschool, on property zoned, SR -1, (Suburban Residential, 1 -acre parcels). The property is located on the west side of Durham -Dayton Highway, approximately 570 feet north of G. Warren Drive, at 2547 Durham -Dayton Highway, Durham. Please sign and return both copies to this Division within 40 calendar days.. PLANNING FEES Your project required a deposit of funds to begin processing of your application. You will be receiving an invoice detailing the planning charges incurred against that deposit. In the event the charges have exceeded the initial deposit, you will be invoiced for those charges that have exceeded the amount deposited and for additional funds to be deposited for the completion of the project. If your project has been completed and there is a balance remaining of your initial,deposit, it maybe applied to any applicable additional fees as described below. If there are no additional fees, you will be refunded the balance of your deposit. Please be aware that failure to return the signed copies within 40 calendar days will invalidate the Planning Commission's approval. Re-application to this Division would then be necessary. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by registered mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Stephen Betts at 538-7153 between 8:00 a.m. and 4:0.0 p.m., Monday through Friday. Sincerely, Roni Thornton Office Assistant H k:Uetters\nerge letters\APPRCATUP.dot Z 10ACE FOR FILING STAMP ONLY; IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of 77 -BUTTE COUNTY .':PLANNING COMMISSION ':;NOTICE OFA z.i�° Notice of a Public Hearin . ,.;PUBLIC HEARING' g No. Notice,is"hereby;given June,24;14;2004iin the AFFIDAVIT OF PUBLICATION 1Butte.Courity Board of — Supervisors",:afioom, County;.,` Administration. State of California Center,':25 County Can. ter_ Drive, Oroville; Cali-' ss. .fornia;"regarding the f61 County of Butte Blowing The undersigned resident of the county of !EXEMPT FROM'ENVt= Butte, State of California, says: >RONMENTAL REVIEW s:00�:aJn ,7: Marlene in and for the County of Butte; that said newspa- Perry:t,,: end :L"6 Kathy That I am, and at all time herein mentioned n McCullough; ,Use' Per. mit to .allow,the chang4 was a citizen of the United States and not a party of a'nonconforming use to'aifow.a'preschool for to nor interested in the above entitled matter; up ito'. 30 children -`on that I am the principal clerk of the printer and P P P properb ;; Pes d r tial (Suburban Residential = publisher of i%acre, parcels):; The 'continued property -: is' located 'on' the'west side:of,DuPhem, The Chico Enterprise -Record Dayton,'Road, at.°2547 Durham Dayytton.:Road, The Oroville Mercury -Register Durham"APN'039-54O-- That said newspaper is one of general circula-application is on tile and available ;for public View-, tion as defined by Section 6000 Government mg at the;oftice of.the Code of the State of California, Case No. 26796 Butte, County; Develop- by the Superior Court of the State of California, ment Services 'Depart-' ment, Planning Division,` in and for the County of Butte; that said newspa- TCounty.;Center. Drive,6 Oroville, I California'; For, per at all times herein mentioned was printed information; and.published daily in the City of Chico and P Y tY (530)538 7601(Monday, through �Friday,C 6:00 County of Butte; that the notice of which the a.: to:4:oo p:m.) Com= annexed is a true printed copy, was published in ments maybe submitted in (writing -,at any., time. said newspaper on the following days: priorrto`,I ei'hearing 'or orally at the meeting list- 'continued ed abo*,or.as may be June 11, 04. to a later date. Upon r action L taken , by the;Pianning ,Commis-" cion ,on"the project i an appeal may. be filed .with the Clerk of the Board of SupervisorsJhe appeal Dated June 23, 2004. period is'10'days'If you challenge3 thea, above at Chico, Califo1r t�a application ih:oourt,'�06 may be limited.to raising :ksomgne'elsuesyeu.or Esomeone'else..raised at i.the ,described AIR public 9,-" hearing in this notice (Signatur or; in written'"correspon=. dence;,delivered i to?'the' Planning t Comffiission; at or prior.to; the ­public h. NT SERVICES •145 1 ie 11 "2004. w 0 Butte County Department ofDevelopment Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING July 8, 2004 ,Marlene Perry &. Kathy McCullough 2387 Brown Street Durham, CA 95938 Re: Use Permit, UP 04-17, AP: 039-540-025 Dear Ms. Perry and Ms. McCullough: At the regular meeting of the Butte County Planning Commission held July 8, 2004, your request for a Use Permit to allow a change in a legal nonconforming use. The change would be from a communications business to a preschool, on property zoned, SR -1, (Suburban Residential, 1 -acre parcels),. was approved subject to the conditions listed on the enclosures. The property is located on the west side of Durham -Dayton Highway, approximately 570 feet north of G. Warren Drive, at 2547 Durham -Dayton Highway, Durham Please sign both copies and return both copies to this Division within 40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do'so in writing prior to 5:00 p.m., Monday; July 29, 2004 to the: - Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. PLANNING FEES Your project required a deposit of funds to begin processing of your application.' You will be receiving an invoice detailing the planning charges incurred against that deposit. In the event the charges have exceeded the initial deposit, you will be invoiced for those charges that have exceeded the amount deposited and for additional funds to be deposited for the completion of the project. If your project has been completed and there is a balance remaining of your initial deposit, it maybe applied to any applicable additional fees as described below. If there are no additional fees, you will be refunded the balance of your deposit. - APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Please be aware that failure to return the signed copies within 40 calendar days will invalidate the Planning Commission's approval. Re-application'to this Division would then be necessary. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the'Chairman of•the Planning Commission, and said permit is received by the applicant by registered mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Stephen Betts at 538-7153 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely,' - Lynn Richardson _ P lanning/Administrative Support Services Assistant Uletters\merge letters\APPRCATUP.dot { ' L71 Memorandum TO: Planning Commission FROM: Steve Betts, Senior Planner • SUBJECT: Use Permit for Perry and McCullough, Planning Division APN 039-540-025, Project # UP 04-17 Phone: 538-7153 FAX: 538-7785 DATE: For the July 8, 2004, Planning Commission Meeting This project was continued open from the June 24, 2004, Planning Commission meeting. At that meeting, the Planning Commission made a Motion of Intent to approve the Use Permit, pending additions to the conditions of project approval and pending submittal of a revised site plan and floor plan. The four new conditions added are: 9. A seven (7) foot tall solid fence shall be installed and maintained five (5) feet east of the west property line. 10. Redwood trees shall be planted and maintained in a healthy manner (and replaced as necessary) on the east side of the new fence in order to create a visual barrier. 11. Redwood trees shall be planted and maintained in a healthy manner (and replaced as necessary) along the north and south property lines west of the preschool building in order to create a visual barrier. 12. No outside activities shall occur prior to 7:30 a.m. The new fence is intended to prevent children on the project site from being able to gain access to the existing fence on the property line. The neighbor on the other side of the fence was concerned that the preschool children might annoy his dogs or stick their fingers through the fence, and the new fence would prevent this. The redwood trees to be planted are intended to help block the views of the project site from most of the adjoining parcels. The revised site plan show redwoods trees planted 15 feet apart along the new fence line. The revised site plan does not show the redwood trees along the north and south property lines. While not shown on the revised site plan the redwood trees are still required to be planted. The revised floor plan shows that there would be five classrooms and offices. According to the floor plan, many of the existing rooms in the building will be utilized for storage. Staff recommends that the Planning Commission approve, this project subject to the following findings and the conditions contained in the attached Exhibit A. ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Find that the application is Categorically Exempt from environmental review under Section 15303(a), as defined by CEQA. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is not required. H. Approve Use Permit UP 04-17 for Marlene Perry and Kathy McCullough, subject to the following findings and the conditions in Exhibit "A": A. The change of the existing nonconforming use to a preschool use will not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins, based upon the findings in Section B below. B. The proposed use of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or -detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: 1. Noise from vehicles arriving and departing the project site and from children playing outside would not cause any significant impacts to adjacent residential uses. No outside activity is allowed prior to 7:30 a.m. 2. Durham Dayton Road has adequate capacity to handle the increase in vehicular traffic generated by the project. 3. The project site contains adequate off-street parking spaces to handle the parking needs of the employees and of the parents as they drop off or pick up their children. 4. Unloading and loading of children would occur on the project site and not on Durham Dayton Road. The site's parking lot connects to the parking lot and driveway for the Durham Library, which would allow for a secondary entrance/exit. 5. There is excellent sight vision in both directions of Durham - Dayton Road from the project site's driveway. 6. The project would not expose individuals to flooding because the project site is not within a 100 -year flood zone. 7. The project would not expose individuals to aircraft operations because the project site is not located within any airport traffic zone and is not located near any public airport or private airstrip. 8. The project will not have a significant impact on agricultural operations because the project site is located approximately 600 feet from the nearest commercial orchard and/or agricultural zone. 9. The project would not expose children on the site to the impacts of agricultural operations, such as chemical sprays, dust, smoke, or noise, due to the project site's long distance from any commercial agricultural operations. 10. The project would not have a significant impact on the adjacent Butte County Library (Durham Branch). 11. The project does not conflict with any policy of the Durham - Dayton -Nelson Plan: Attachments:. 1: Exhibit A 2. Site Plan, date-stamped June 30, 2004 3. Floor Plan, date stamped June 30, 2004 k:\planning\projects\up\perry & mccullough\moi memorandum.doc EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 04-17 PERMIT NO. 039-540-025 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Marlene Perry and Kathy McCullough are hereby granted a Use Permit to change a nonconforming use to a preschool for up to thirty (30) children on property zoned SR -1, subject to the following conditions: Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved.. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one-year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or State regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. The project site shall be developed in accordance with the approved project site and floor plans and the conditions contained herein. Said site/floor plans are on file in the Planning Division, are identified as "Attachment C" and date-stamped June 30, 2004, and are incorporated herein by this reference. 2. The preschool shall be limited to no more than thirty (30) children. 3. No parking or loading/unloading on Durham Dayton Road shall be allowed. 4. The preschool operator shall ensure that there is at least one (1) marked parking space per classroom or office. 5. The parking spaces for the Butte County Library (Durham Branch) shall not be utilized by any employee of the preschool or by any person dropping off or picking up their children from the preschool. 6. Prior to occupancy of the building, the applicant shall obtain the required permit(s) from the California Department of Social Service, Community Care Licensing Division. 7. Should construction activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans,.glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. 8. All new outside lights shall be fully shielded to prevent glare and excess light on adjacent/nearby parcels. 9. A seven (7) foot tall solid fence shall be installed and maintained five (5) feet east of the west property line. 10. Redwood trees shall be planted and maintained in a healthy manner (and replaced as necessary) on the east side of the new fence in order to create a visual barrier. 11. Redwood trees shall be planted and maintained in a healthy manner (and replaced as necessary) along the north and south property lines west of the preschool building in order to create a visual barrier. 12. No outside activities shall occur prior to 7:30 a.m. 13. ' Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Building Division 14. Building permits are required for the change of occupancy. Prior to occupancy of the building, the applicant shall submit building modification plans to the Building Division for review and approval and obtain all. necessary permits. The applicant shall submit a copy of the building permit to the Planning Division. Public Works Department 15. Prior to occupancy of the building obtain an encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. Butte County Fire Department/CDF 16. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. 17. Prior to issuance of the Use Permit, provide plans and specifications to the Butte County Fire Chief to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. Environmental Health Division 18. Prior to issuance of the Use Permit, install additional septic system, under permit issued by the Envirorunental Health Division, to accommodate the sewage flow per day for the maximum number of students and employees. A replacement leach line area for the full system must be available and kept in reserve. 19. Prior to issuance of the Use Permit, destroy the abandoned well that is on the parcel under permit issued by the Environmental Health Division. County Counsel 20. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Date: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Building Division Environmental Health Division Land Development Division Fire Department/CDF Butte County Assessor's Office California Department of Social Services, Community Care Licensing Division Butte County Department ofDevelopment Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone (530) 538-7785 Facsimile July 1, 2004 ADMINISTRATION * BUILDING.* GIS * PLANNING Marlene Perry & Kathy McCullough 2387 Brown Street Durham, CA 95938 Re: UP 04-17, AP: 039-540-025 Dear Ms. Pent' and Ms. McCullough: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow a change in a legal nonconforming use. The change would be from a communications business to a preschool on property zoned SR -1 (Suburban Residential, 1 -acre parcels) and located on the west side of Durham -Dayton Highway, approximately 570 feet north of G. Warren Drive, at 2547 Durham -Dayton Highway, Durham. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for July 8, 2004, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Stephen Betts of this office at 538-7153, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant Enc. BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - JUNE 24, 2004 Applicant: Marlene Perry and Kathy Location: On the west side of Durham McCullough Dayton Road, at 2547 Durham Dayton Road, Durham File #: UP 04-17 Parcel Size: Request: Use Permit to allow the Supervisor change of a nonconforming District: use to allow a preschool for up to 30 children G.P.: Agricultural Residential Planner: Zoning: SR -1 (Suburban Residential, Attachments: 1 -acre minimum parcel size) 0.99 acre 4 Steve Betts, Senior Planner A: General Plan/Zoning Map Zone Date: Feb. 25, 1992 B: Letters APN: 039-540-025 C: Site Plan EXECUTIVE SUMMARY: The project would allow the applicants to change a nonconforming use from a telecommunications business to a preschool use. The project is not expected to cause a significant increase in vehicular traffic, night lighting, or noise in the project area. Staff recommends approval of this Use Permit with findings and conditions. PROJECT DESCRIPTION: • The project would change the existing nonconforming use on the project site from a telecommunications business (Qwest) to a children's preschool use. • The proposed preschool would serve up to 30 children, with up to four employees. • Normal operating hours of the proposed preschool would be Monday through Friday, 6:30 a.m. to 5:30 p.m. Normal drop-off time would be between 6:30 a.m. and 8:00 a.m. and normal pick- up time between 4:30 p.m. and 5:30 p.m. The applicant may occasionally hold evening events, such as a back -to -school night or open house. • A large fenced outside play area is proposed for the area behind and to the north of the preschool building. , ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 1 of 9 ■ The existing structure on,the site is believed to have been first construed as a convalescent hospital ("North Valley Convalescent Hospital'), sometime prior to 1967. In 1968, a building permit was issued for a pharmacy in the building. A building permit for re -roofing work on the building in 1985 indicates that the building was utilized as a medical clinic `North Valley Medial Clinic") at that time. In 1997, the flat roof was replaced with a pitched roof, and at that time the business on the site was called "North Valley Medical Buildin ." It is believed that the existing structure was constructed at a time when the zoning a owed a commercial use by right or there was no zoning at all. • The project parcel was zoned SR -1 in 1973. The zoning prior to that is believed to have been A- 2 (General). SITE CHARACTERISTICS: • The project site is developed with a 3,300 square foot commercial structure, 1,000 gallon septic tank, leach field, and paved parking area. • The project site is level with no watercourses. • Vegetation on the site consists of one large deciduous tree behind the building, non-native shrubs and conifer trees around the building, and non-native shrubs and trees along Durham Dayton Road. A large part of the project site is paved. The western portion of'the site (approximately 0.44 acres) consists of a gravel/dirt surface. • Sewage disposal is handled by an on-site septic system. Domestic water is obtained from the Durham Irrigation District. • The parcel fronts on Durham Dayton Road. There is one driveway access onto Durham Dayton Road on the project parcel, although the driveway on the adjoining parcel to the south (Durham Library) could also be utilized since these two parcels share a common parking lot. • Uses on the surrounding parcels include dwellings on parcels ranging in size from 0.48 to 1.02 acres, the Butte County Library (Durham Branch), and a small water pumping facility. • All of the surrounding parcels are zoned SR -1 and have a General Plan land use designation of Agricultural Residential. No commercial agricultural uses are found on the surrounding parcels or within 300 feet of the project site. Remnants of an orchard are located on the two 0.5t acres parcels to the north of the site. This orchard is no longer active. • The project site is located over 600 feet from the nearest Agricultural zone and Orchard and Field Crop designation. • A -fire hydrant is located approximately 120 feet to the south of the building on the site. • The project site is not located within a 100 -year flood zone or an aircraft overflight zone. • The project site is located within the boundaries of the Durham Dayton Nelson Planning Area and is subject to the goals, objectives, and policies as found in the Durham — Dayton — Nelson section of the Land Use Element of the Butte County General Plan. • The project site is not located within the Durham Urban Area. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 2 of 9 ■ ANALYSIS: • Butte County Code Section 24-35.20 states that no nonconforming use shall be changed or expanded unless made to conform to the use standards and regulations for the zone within which it is located. Provided, however, that any nonconforming use may be changed to anoth.:r nonconforming use or expanded upon obtaining a Use Permit from the Planning Commission. • When considering a Use Permit for a nonconforming use, the Planning Commission shall grant the Use Permit when it finds that the change or expansion of such use will not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins. This finding shall be in addition to the findings required by section 24- 45.10 of the Butte County Zoning Ordinance. • The Planning Commission may impose conditions upon the issuance of the Use Permit which are reasonably related to the use of the property for which the Use Permit is requested. In addition the Planning Commission may at its own discretion establish a date for either the termination :)f the use of review of the Use Permit. • The project would not require any significant physical changes to the exterior of the existing structure. The project would also not require any additional paved surfaces. The only soil disturbance caused by the project would be for the installation of a new septic system and/br modification of the existing septic system. • The existing septic system may require modification, or a new septic system may be required, to handle the increase in effluent caused by the project. The Butte County Environmental Health Division does not object to the project provided the necessary modifications are made. • Some interior modifications to the existing structure may be required to meet the requirements of the Fire Chief. The project is conditioned to require compliance with Fire Chief requirements. Additionally, building permits are required to be obtained from the Butte County Buildiag Division for the change of occupancy. • The project is expected to generate approximately 136 vehicle trips per day as determined by the Institute of Transportation Engineers (Trip Generation, 6`}' Edition). The project would generate approximately 50 vehicle trips during the morning peak traffic hours (7:00 a.m. to 9:00 a.m.) and approximately 52 vehicle trips during the evening peak traffic hours (4:00 pm. to 6:00 p.m.). Durham Dayton Road, which is classified as an arterial roadway, has sufficient capacity to handle this increase in vehicle traffic. There is excellent sight vision of Durham Dayton Rcad from the project site's driveway. The project would cause an increase in noise in the project area. Noise from vehicles arriving and departing the site and from the opening and closing of vehicle doors would cause a slight increase in noise levels in the project area. Noise from children playing outside has the potential fo create an impact to the surrounding parcels, primarily the two parcels to the north of the Eite (both of these parcels are currently undeveloped). The increase in noise is not expected to create any significant noise levels due to the distances between the existing and future dwellings n-,ar the site and the proposed preschool. The noise from children playing outside is not expected to create significant noise levels because the students would spend most of their time inside. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 3 of 9 ■ • Drop-off and pick-up of the children would occur on the project'site and not on Durham Dayton Road. Butte County Code Section 24-240 requires one parking space for each classroom or office, be in no case less than three parking spaces. The preschool building contains 14 roorr_s that could potentially be utilized for classroom or office purposes. Based upon one parking space per classroom or office, the project site would need to have 14 parking spaces. The proje-A site contains, 9 marked parking spaces, with unutilized paved area available for addition?l parking spaces. A condition of project approval requires that the applicant provide at least orte parking space per classroom and office. • The Butte County Library (Durham Branch) is located next -to the project site and the parking lots for these two parcels are connected, effectively forming a common parking lot. The libra-y has very limited.hours (currently Tuesday 2:00-8:00 p.m. and Thursday 2:00-5:00 p.m.). Noi3e generated by the project (vehicles arriving and departing the site and children playing) is Mt expected to be heard inside the library. The outside children's play area on the project site would be located on the far site of the preschool building, which would help block noise from children playing. Parking for the proposed preschool facility is required to be kept onsite and a condition of project approval prohibits utilizing the parking spaces for the library. ENVIRONMENTAL REVIEW: This application for a Use Permit to allow a change in a nonconforming use to a preschool use. is determined to be Categorically Exempt from environmental review under Section 15303 — Ncw Construction or Conversion of Small Structures. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Find that the application is Categorically Exempt from environmental review under Sect on 15303(a), as defined by CEQA. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is not required. H. Approve Use Permit UP 04-17 for Marlene Perry and Kathy McCullough, subject to the following findings and the conditions in Exhibit "A": A. The change of the existing nonconforming use to a preschool use will not conflict with, impair or be detrimental to the uses both permitted and conditional of the z.Dne in which it is located and/or adjoins, based upon the findings in Section B below. B. The proposed use of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and ■ Butte County Department of Development Services ■ ■ June 24, 2004 s Agenda Report - Perry and McCullough UP 04-17 ■ Page 4 of 9 ■ • 0 general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: 1. Noise from vehicles arriving and departing the project site and from children playing outside would not cause any significant impacts to adjacent residential uses. 2. Durham Dayton Road has adequate capacity to handle the increase in vehicular traffic generated by the project. 3. The project site contains adequate off-street parking spaces to handle the parking needs of the employees and of the parents as they drop off or pick up their children. 4. Unloading and loading of children would occur on the project site and not cn Durham Dayton Road. The site's parking lot connects to the parking lot and driveway for the Durham Library, which would allow for a secondary entrance/exit. 5. There is excellent sight vision in both directions of Durham Dayton Road from the project site's driveway. 6. The project would not expose individuals to flooding because the project s:.te is not within a 100 -year flood zone. 7. The project would not expose individuals to aircraft operations because the project site is not located within any airport traffic zone and is not located near any public airport or private airstrip. 8. .The project will not have a significant impact on agricultural operations because the project site is located approximately 600feet from the nearest commercial orchard and/or agricultural zone. 9. The project would not expose children on the site to the' impacts of .agricultural operations, such as chemical sprays, dust, smoke, or noise, due to the project site's long distance from any commercial agricultural operations. 10. The project would not have a significant impact on the adjacent Butte County Library (Durham Branch). 11. , The project does not conflict with any policy of the Durham -Dayton -Nelson Plan. k:\planning\projects\upc\perry & mccullough\perry & mccullough up 04-17 agenda report.doc ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 5 of 9 ■ EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION• DATE: (Certified Mail Rec.) UP 04-17 PERMIT NO. 039-540-025 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Marlene Perry and Kathy McCullough are hereby granted a Use Permit to change a nonconforming use to a preschool for up to thirty (30) children on property zoned SR -1, subject io the following conditions: 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance wL.h the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit,.all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Servic-,s, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to. the expiration date, a request for a one-year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or State regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 6 of 9 ■ V 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent, any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment C" and date-stamped March 22, 2004, and is incorporated herein by this reference. 2. The preschool shall be limited to no more than thirty (30) children. 3. No parking or loading/unloading on Durham Dayton Road shall be allowed. 4. The preschool operator shall ensure that there is at least one (1) marked parking space per classroom or office. 5. The parking spaces for the Butte County Library (Durham Branch) shall not be utilized by any employee of the preschool or by any person dropping off or picking up their children from the preschool. 6. Prior to occupancy of the building, the applicant shall obtain the required permit(s) from the California Department of Social Service, Community Care Licensing Division. 7. Should construction activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 7 of 9 ■ 8. All new outside lights shall be fully shielded to prevent , glare and excess light on adjacent/nearby parcels. 9. „ Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Building Division 10. Building permits are required for the change of occupancy. Prior to occupancy of the building, the applicant shall submit building modification plans to the Building Division for review and approval and obtain all necessary permits. The applicant shall submit a .copy of the building permit to the Planning Division. Public Works Department 11. Prior to occupancy of the building obtain an encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. Butte County Fire Department/CDF 12. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. 13. Prior to issuance of the Use Permit, provide plans and specifications to the Butte County Fire Chief to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. Environmental Health Division 14. Prior to issuance of the Use Permit, install additional septic system, under permit issued by the Environmental Health Division, to accommodate the sewage flow per day for the maximum number of students and employees. A replacement leach line area for the full system must be available and kept in reserve. 15. Prior to issuance of the Use Permit, destroy the abandoned well that is on the parcel under permit issued by the Environmental Health Division. ■ Butte County Department of Development Services ■ m June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 8 of 9 ■ County Counsel 16. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the, County of Butte from liability or loss related to the approval -of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the. foregoing conditions, that they are 'in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Date: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor .,does it waive any other requirements. Butte County Planning Commission Chairman cc: Building Division Environmental Health Division Land Development Division Fire Department/CDF Butte County Assessor's Office California Department of Social Services, Community Care Licensing Division ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 9 of 9 ■ i ca 0 w Vicinity Map 0 W- 0 ti m M rn Q �o d ' oad a* o, O,. a 1110 6L FG4rde Road v - Cummi Iroject Location on Durh m-Dayto 0 0 X10 d a� c a , m J o... ' gutdick R d �. ow. 0 F cc r d c 7m 0 Cr w W 0 O m CL Rd x 0 UP 04-17 039-540-025 o NiA E m L Rj4and Ll urnam 0 0 X10 d Hamlin Roa x c� o... •o ow. 0 r d c 7m Cr w W 0 O LLn— UP 04-17 039-540-025 • 0 IMS . C-arlsov% V— )�\ Q -(A-5 C -S (.)o Ir t-aood c, c4cr, U^C:> T'- q�or f b v\A - v V\ (e ss '�ct4 0, s 4rye � 5 Ilt-0 �es-C.G(- re-4,k -d l oo r- T (A,� prar4o, RDOG" 5 Q .q(g/o(4 rove Pc. S - C—) oA- caLm re juooc( Fey-\ �e.e.s - eek s4Y ino �q(w►ewe� �r'c,e. s JOS 'A r-\., c� U M , Q S4 l C- 1 1 4-cLk( , � - � c -4 > '%A e - Scc -e -�` a c%3 a �$ �04Cc� woos � ay 100 Lj N UP Dq-19 SFr asy� �uQ�+�9m�flyTb� r�wy 0 0 RECEIVED JUN 310:200 - BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES Butte County Dept. of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 June 29, 2004 RE: UP04-17, AP: 039-540-025 Dear Stephen Betts: Enclosed is the plan of the building for classrooms and parking lots. Our neighbor we will put another fence against another existing fence with no more than 5 feet from the existing fence. We will also provide redwood trees along the second fence. Most Sincerely, RECEIVED JUN 3.0.2004 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES Butte County Department ofDevelopment Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone (530) 538-7785 Facsimile .1uae 25, 2004 ADMINISTRATION * BUILDING ' GIS " PLANNING Marlene Perry & Kathy McCullough 2387 Brown Street. Durham, CA .95938 Re: UP 04-17, AP: 039-540-025 S tnCCuL-A*-N' Dear Ms. Perry and N1is-Russell: At the regular meeting of the Butte County Planning Commission held June 24, 2004, the public hearing was continued with a Motion of Intent to approve to July 8, 2004 at 9:00 a.m. to consider your application for a Use Permit to allow a change in a legal nonconforming use. The change would be from a communications business to a preschool. The property is located on the west side of Durham -Dayton Highway, approximately 570 feet north of G. Warren Drive, at 2547 Durham - Dayton Highway, Durham. This meeting will be held in the. Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Stephen Betts at 538-7153 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lyml Richardson P lanning/Administrative Support Services Assistant /lr Oletters\merge letters\CONTMUE.dot 7 Butte County Departrnent of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING June 9, 2004 Marlene Perry & Kathy McCullough 2387 Brown Street Durham, CA 95938 Re: UP 04-17, AP: 039-540-025 Dear Ms. Perry and Ms. McCullough: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow a change in a legal nonconforming use. The change would be from a communications business to a preschool on property zoned SR -ISR -1 (Suburban Residential, 1 -acre parcels) and located on the west side of Durham -Dayton Highway, approximately 570 feet north of G. Warren Drive, at 2547 Durham -Dayton Highway, Durham. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for June 24, 2004, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Stephen Betts of this office at 538-715.3, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, ?. / Lynn Richardson Planning/Administrative Support Services Assistant Enc. cc: Environmental Health Land Development K:\letters\merge letters\SCHEDULE.dot s V BUTTE COUNTY PLANNING COMMISSION . AGENDA REPORT - JUNE 249 2004 Applicant: Marlene Perry and Kathy Location: On the west side of Durham McCullough Dayton Road, at 2547 Durham Dayton Road, Durham File #: UP 04-17 Parcel Size: 0.99 acre Request: -Use Permit to allow the Supervisor 4 change of a nonconforming District: use to allow a preschool for up to 30 children G.P.: Agricultural Residential Planner: Steve Betts, Senior Planner Zoning: SR -1 (Suburban Residential, Attachments: 1 -acre minimum parcel size) A: General Plan/Zoning Map Zone Date:, Feb. 25, 1992 B: Letters APN: 039-540-025 C: Site Plan EXECUTIVE SUMMARY: The project would allow the applicants to change a nonconforming use from a telecommunication: business to a preschool use. The project is not expected to cause a significant increase in vehicular traffic, night lighting, or noise in the project area. Staff recommends approval of this Use Permil with findings and conditions. PROJECT DESCRIPTION: • The project would change the existing nonconforming use on the project site from a, telecommunications business (Qwest) to a children's preschool use. • _ The proposed preschool would serve up to 30 children, with up to four employees. • Normal operating hours of the proposed preschool would be Monday through Friday, 6:30 a.m. to 5:30 p.m. Normal drop-off time would be between 6:30 a.m. and 8:00 a.m. and normal pick- up time between 4:30 p.m. and 5:30 p.m. The applicant may occasionally hold evening events, such as a back -to -school night or open house. • A large fenced -outside play area is proposed for the area behind and to the north of the preschool building. ■ Butte County Department of Development Services ■ ■ June 24;2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 1 of 9 ■ I • The existing structure on the site is believed to have been first construed as a convalescent hospital ("North Valley Convalescent Hospital"), sometime prior to 1967. In 1968, a building permit was issued for a pharmacy in the building. A building permit for re -roofing work on the building in 1985 indicates that the building was utilized as a medical clinic ("North Valley Medial Clinic") at that time. In 1997, the flat roof was replaced with a pitched roof, and at that time the business on the site was called "North Valley Medical Building." It is believed that the existing structure was constructed at a time when the zoning allowed a commercial use by right or there was no zoning at all. • The project parcel was zoned SR -1 in 1973. The zoning prior to that is believed to have been A- 2 (General). SITE CHARACTERISTICS: • The project site is developed with a 3,300 square foot commercial structure, 1,000 gallon septic tank, leach field, and paved parking area. • The project site is level with no water courses. • Vegetation on the site consists of one large deciduous tree behind the building, non-native shrubs and conifer trees around the building, and non-native shrubs and trees along Durham Dayton Road. A large part of the project site is paved. The western portion of the site (approximately 0.44 acres) consists of a gravel/dirt surface. • Sewage disposal is handled by an on-site septic system. Domestic water is obtained from the Durham Irrigation District. • The parcel fronts on Durham Dayton Road. There is one driveway access onto Durham Dayton Road on the project parcel, although the driveway on the adjoining parcel to the south (Durham Library) could also be utilized since these two parcels share a common parking lot. • Uses on the surrounding parcels include dwellings on parcels ranging in size from 0.48 to 1.02 acres, the Butte County Library (Durham Branch), and a small water pumping facility. • All of the surrounding parcels are zoned SR -1 and have a General Plan land use designation of Agricultural Residential. No commercial agricultural uses are found on the surrounding parcels or within 300 feet of the project site. Remnants of an orchard are located on the two 0.5f acres parcels to the north of the site. This orchard is no longer active. • The project site is located over 600 feet from the nearest Agricultural zone and Orchard and Field Crop designation. • A fire hydrant is located approximately 120 feet to the south of the building on the site. • The project site is not located within a 100 -year flood zone or an aircraft overflight zone. • The project site is located within the boundaries of the Durham Dayton Nelson Planning Area and is subject to the goals, objectives, and policies as found in the Durham — Dayton — Nelson section of the Land Use Element of the Butte County General Plan. • The project site is not located within the Durham Urban Area. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 2 of 9 ■ E ANALYSIS: • • Butte County Code Section 24-35.20 states that no nonconforming use shall be changed or expanded unless made to conform to the use standards and regulations for the zone within which it is located. Provided, however, that any nonconforming use may be changed to anotr er nonconforming use or expanded upon obtaining a Use Permit from the Planning Commission. • When considering a Use Permit for a nonconforming use, the Planning Commission shall grant the Use Permit when it finds that the change or expansion of such use will not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins. This finding shall be in addition to the findings required by section 24- 45.10 of the Butte County Zoning Ordinance. • The Planning Commission may impose conditions upon the issuance of the Use Permit which are. reasonably related to the use of the property for which the Use Permit is requested. In addition the Planning Commission may at its own discretion establish a date for either the termination of the use or review of the Use Permit. • The project would not require any significant physical changes to .the exterior of the existing structure. - The project would also not require any additional paved surfaces. The only scil disturbance caused by the project would be for the installation of a new septic system and/or modification of the existing septic system. • The existing septic system may require modification, or a new septic system may be required, to handle the increase in effluent caused by the project. The Butte County Environmental Health Division do.es not object to the project provided the necessary modifications are made. • Some interior modifications to the existing structure may be required to meet the requirements of the Fire Chief. The project is conditioned to require compliance with Fire Chief requirements. Additionally, building permits are required to be obtained from the Butte County Building Division for the change of occupancy. • The project is expected to generate approximately 136 vehicle trips per day as determined by the Institute of Transportation Engineers (Trip Generation, 6th Edition). The project would generate approximately 50 vehicle trips during the morning peak traffic hours (7:00 a.m. to 9:00 a.m.) and approximately 52 vehicle trips *during the evening peak traffic hours (4:00 pm. to 6:00 p.m.'. Durham Dayton Road, which is classified as an arterial roadway, has sufficient capacity to handle this increase in vehicle traffic. There is excellent sight vision of Durham Dayton Road from the project site's driveway. • The project would cause an increase in noise"in the project area. Noise from vehicles arriving and departing the site and from the opening and closing of vehicle doors would cause a slight increase in noise ,levels in the project area. Noise from children playing outside has the potential to create an impact to the surrounding parcels, primarily the two, parcels to the north of the site (both of these parcels are currently undeveloped). The increase in noise is not expected to create any significant noise levels due to the distances between the existing and future dwellings near the site and the proposed preschool. The noise from children playing outside is not expected to create significant noise levels because the students would spend most of their time inside. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 3 of 9 ■ • Drop-off and pick-up of the children would occur on the project site and not on Durham Dayton Road. Butte County Code Section 24-240 requires one parking space for each classroom or office, be in no case less than three parking spaces. The preschool building contains 14 rooms that could potentially be utilized for classroom or office purposes. Based upon one parkin;; space per classroom or office, the project site would need to have 14 parking spaces. The project site contains 9 marked parking spaces, with unutilized paved area available for additional parking spaces. A condition of project approval requires that the applicant provide at least one parking space per classroom and office. • The Butte County Library (Durham Branch) is located next to the project site and the parking lots for these two parcels are connected, effectively forming a common parking lot. The librar., has very limited hours (currently Tuesday 2:00-8:00 p.m. and Thursday 2:00-5:00 p.m.). Noise generated by the project (vehicles arriving and departing the site and children playing) is not expected to be heard inside the library. The outside children's play area on the project site would be located on the far site. of the preschool building, which would help block noise from children playing. Parking for the proposed preschool facility is required to be kept onsite and a condition of project approval prohibits utilizing the parking spaces for the library. ENVIRONMENTAL REVIEW: This application for a Use Permit to allow a change in a nonconforming use to a preschool use is determined to be Categorically Exempt from environmental review under Section 15303 — New Construction or Conversion of Small Structures. Class 3 consists of construction and location o-,7 limited numbers of new, small facilities or structures; installation of small new equipment ane - facilities in small structures; and the conversion of existing small structures from one use to another Where only minor modifications are made in the exterior of the structure. ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Find that the application is Categorically Exempt from environmental review under Section 15303(a), as defined by CEQA. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is not required. H. Approve Use Permit UP 04-17 for Marlene Perry and Kathy McCullough, subject to the following findings and the conditions in Exhibit "A": A. The change of the existing nonconforming use to a preschool use will not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins, based upon the findings in Section B below. B. The proposed use of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 4 of 9 ■ • E general welfare of the persons residing or working in the neighborhood, or to -he general health, welfare and safety of the County because: 1. Noise from vehicles arriving and departing the project site and from children playing outside would not cause any significant impacts to adjacent residential uses. 2. Durham Dayton Road has adequate capacity to handle the increase in vehicular traffic generated by the project. 3. .The project site contains adequate off-street parking spaces to handle the parking needs of the employees and of the parents as they drop off or pick -_Ip their children. 4. Unloading and loading of children would occur on the project site and not on Durham .Dayton Road. The site's parking lot connects to the parking -lot and driveway for the Durham Library, which would allow for a secondary entrance/exit. 5. There is excellent sight vision in both directions of Durham Dayton Road from the project site's driveway. 6. The project would not expose individuals to flooding because the project site is not within a 100 -year flood zone. 7. The project would not expose individuals to aircraft operations because the project site is not located within any airport traffic zone and is not located near any public airport or private airstrip. 8. The project will not have a significant impact on agricultural operations because the project site is located approximately 600 feet from the nearest commercial orchard and/or agricultural zone. 9. The project would not expose children on the site to the impacts of agricultural operations, such as chemical sprays, dust, smoke, or noise, due tc) the project site's long distance from any commercial agricultural operations. 10. The project would not have a significant impact on the adjacent Butte County Library (Durham Branch). 11. The project does not conflict with any policy of the Durham -Dayton -Nelson Plan. k:\planning\projects\upc\perry & mccullough\perry & mccullough up 04-17 agenda report.doc ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 5 of 9 ■ EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) . UP 04-17 PERMIT NO. 039-540-025 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the. Zoning Ordinance of the County of Butte and the special conditions set forth below, Marlene Perry and Kathy McCullough are hereby granted a Use Permit to change a nonconforming use to a preschool for up to thirty (30) children on property zoned SR -1, subject to the following conditions: 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance wish the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions mu.3t be completed prior to or concurrently with the establishment of the granted use. The uEe granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Serviced, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall -require a formal application for ameridment. 4. If any use for which a Use Permit has been granted is not established within two years of thy receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration 'date, a request for a one-year extension is submitted to the Planning Commission together with .sufficient evidence that the time limits for processing development permits under federal or State_ regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of an - condition to a Use Permit. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report -.Perry and McCullough UP 04-17 ■ Page 6 of 9 ■ 5. The terms and conditions of this Permit shall run with the land and shall,be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment C" and date-stamped March 22, 2004, and is incorporated herein by this reference. 2. The preschool shall be limited to no more than thirty (30) children. 3. No parking or loading/unloading on Durham Dayton Road shall be allowed. 4. The preschool operator shall ensure that there is at least one (1) marked parking space per classroom or office. 5. The parking spaces for the Butte County Library (Durham Branch) shall not be utilized by any employee of the preschool or by any person dropping off or picking up their children from the preschool. 6. Prior to occupancy of the building, the applicant shall obtain the required permit(s) from the California Department of Social Service, Community Care Licensing Division. 7. Should construction activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 7 of 9 ■ 8. All new outside lights shall be fully shielded to prevent glare and excess light on adjacent/nearby parcels. 9. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Building Division 10. Building permits are required for the change of occupancy. Prior to occupancy of the building, the applicant shall submit building modification plans to the Building Division for review and approval and obtain all necessary permits. The applicant shall submit a copy of the building permit to the Planning Division. Public Works Department 11. Prior to occupancy of the building obtain an encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. Butte County Fire Department/CDF 12. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. 13. Prior to issuance of the Use Permit, provide plans and specifications to the Butte County Fire Chief to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. Environmental Health Division 14. Prior to issuance of the Use Permit, install additional septic system, under permit issued by the Environmental Health Division, to accommodate the .sewage flow per day for the maximum number of students and employees. A replacement leach line area for the full system must be available and kept in reserve. 15. Prior to issuance of the Use Permit, destroy the abandoned well that is on the parcel under permit issued by the Enviromnental Health Division. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 8 of 9 ■ County Counsel 16. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing.' If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions,`that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Date: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and ' Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Building Division Environinental Health Division Land Development Division . Fire Department/CDF Butte County Assessor's Office California Department of Social Services, Community Care Licensing Division ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP'04-17 ■ Page 9 of 9 ■ Vech ty Map Location m E 3 O ri"?^Fri ?(1 -Ile 0 r fA r+ j t 4i Ocj ! • r YI r tp -+fid I - � 1 .• S` _ �, JO f"Zioll cr Cr -RG t K, -Jr- ��ysq� - :ti a Of-Yi -.tG.Bt,CY 0 N �. - �+�� `'- `' .2'.,.-�•e,.m ...C.R�c �wt�btl.,�,s� ti�_��__.__�_ � �q1C± rIt! f ;ry7tlY/il r rl•�f l �rr�17k1�1. :rrlr�itrlc�l� � 4Lf Il_ ti,llh'.fat7i S d111due) 1- e.:-r-:oN ,14WA nl.l: f.0:r't •''U,l- :,iII'd -'� r'SI: if ` r'ti' �' G nt7it . i�lr. � ,r. .,Ii' ;r`-��rirtr�,;n ,•,�I �rl it••!••.' •; ^r �tu_I__ r. �•i•lI t,r t. 't�-� !+ 71 9J,.':'ti _,rr;ar � ` tg"-tE C-t1srJ :r,i Ii,IC97o��/z/,r ;c�rrl;• .0jL1)1,,,Ti.,r1 :nr,Ilcsila:rll rr, - A-20 A-20 Harris Ranch,R A10 kJU m 0 U P -Q 700 0 700 1400 2100 2800 3500 Feet BUTTE COUNTY PLANNING CONOUSSION Applicant: Marlene Perry Owner: Jim Black Hearing Date: June 24, 2004 @ 9:00 am. Eidsting Zone: SR -1 (Suburban Residential, 1 acre minimum) N Supervisorial Request: Use Permit to allow a change in a legal non -conforming use. The change would be from a District # 4 communications business to a pre-school. Assessor Parcel No: 039-540-025 File:UP 04-17 BUTTE COUNTY PLANNING COMMISSION NOTICE OF A PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing is published for Thursday, June 24,'2004, 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 CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Marlene,Perry and Kathy McCullough, Use Permit to allow the change of a nonconforming use to allow a preschool for up to 30 children'on property zoned SR - 1 (Suburban Residential —1 acre parcels). The property is located on the west side of Durham Dayton Road, at 2.547 Durham Dayton Road, Durham. APN 039-540-025 (SB) (UP 04-17) 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 maybe continued to a later date. Upon action taken by the Planning Commission on the project an appeal maybe filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above application 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 YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES a To be published in the Chico Enterprise Record on Thursday, June 10, 2004. Betts, Steve From: Wannenmacher, Felix Sent: Thursday, June 03, 2004 4:13 PM . To: Betts, Steve; Baker, Joseph , Cc: Miller, Gloria Subject: Perry/McCullough Agenda Report (UP 04-17) Hi Steve and Joe, �vS�aV1 I have reviewed the agenda report and have the following comments. �► a�5 On p. 3, 7th bullet of Analysis, it should be Chief, not Marshall.✓ - On p. 4, 10th bullet of Analysis, you need to revise alon the lines we discussed at IDR. �On p. 1th bullet o na y� siT s, youe a discussion of a Board action that in ica ed preschools were allowed in any zone allowing a quasi -public use. checked on 87-405 and the action referred to §24-95 which as near as I can tell in 1987 applied to the ARMH 2 1/Z zone. While the recommendation was adopted, it is not clear what the recommendation was or why one of the ARMH zones is referenced. If you have more information on this, I would like to see it. If the Board really made a change, it should have been to the definition of "use, quasi -public." note that the current definition of "use, quasi -public" has been amended from the one in 1982 to add "private schooils, daycare centers" but the requirement of being nonprofit was not eliminated. So show me and Joe the information you have. On p. ,Action IIB 10 was not discussed in t e ext. , It should be. • I On p. 5, Action II B 11, you assume it is quasi -public, but see above. ` On p. 7, Plan Cond #1, make sure you have the colrect plan and date. u-4" On p. 7, Plan Cond #3, how are you modifying it? , ✓ ct On p. 7, Plan Cond #4, why are we setting the maximum; this was not discussed in the text. v� Cond #14 change Marshall to Chief.u-4 ' Felix CONFIDENTIAL -- ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachnnents, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you: March 17, 2004 Development Services, Planning Division Oroville, CA RE: Use Permit UP 04-17 Attn: Stephen Betts The following points are in response to your previous letter dated February 24, 2004. The drop off times for children will be between 6:30 a.m. and 8:00 a.m. and the pick up time will be between 4:30 p.m. and 5:30 p.m. We will be having four (4) employees. We are applying for our state license for the number of 1-30 children. The entrance and exit to the building is separate from the library entrance and is located on the northern end of the property. . We have included a drawing to indicate the outside fenced in play area and another drawing to indicate the. doors and windows of the building. We spoke with the local Fire Marshal regarding these doors and windows and will make the necessary adjustments after we know the pre-school is a go from the county. We have spoken to the owner, Debbie O'Laughlin, of the orchard next door to the property and they have assured us that is currently not a working orchard. The trees are in the processed of being removed. In addition, we have "sent a letter to Tom Loushine at Environmental Health regarding a new leach line. We have informed Tom, that we are only applying for a license for 1-30 children with four (4) staff present. Thank you for your assistance any other concerns or questions please give us a call. Sincerely, Marlene Perry 342-4522 Kathy McCullough 345-3580 j Encls. C LVED MAR 2 Uo r BUTTE COUNTY DEVELOPI[E\T SERI7CES February 2, 2004 Butte County Planning Commission Use Permits RE: UP04-17 To Whom It May Concern: This letter is reference to applying for a Use Permit to an existing building to convert into a full,time.year round Pre-school in the town,of Durham. As large daycare providers in Durham, Marlene Perry and Kathy McCullough, have been approached and asked several times why we do not open our own pre-school. Together we have over twenty-nine (29) years of experience in the child care field. We have also been approached by the Durham School District that if we were to. open a pre-school they would like to collaborate with us as we will have a pre -kindergarten program established.. It has been expressed to us that there is a need for a full time pre-school in the town of Durham. With our current and continued education, we feel that we are ready to undertake this venture. Since we have decided to go into business together we have been looking for a piece of property and have found the perfect location at 2547 Durham Dayton Highway, Durham, CA. This building is already set up with,a receiving area, kitchen, bathrooms, classrooms, utility, staff lounge, and storage areas. The playground area is also already fenced in as well as a pre-existing parking lot. We would like to operate between the hours of 6:30 a.m. and 5:30 p.m. Monday through Friday, year round. We are requesting a license for 48 children between the ages of, two (2) through school age, through StateLicensing. Our tentative schedule will be as follows: 6:30 - 8:30 indoors, 8:30 - 9:00 outside play, lunch, 12:00 — 12:30 outside play and rest period to follow. Last, outside play to be around 4:00 — 5:00 weather permitting. With our many years of hands on experience and education, both former and continuing, and our memberships with NAEYC, we are confident that our pre-school program will be a quality one. Thank you for your time and consideration in helping us with our new venture. We look forward to hearing from with good news. Sincerely, Marlene Perry & Kathy McCullough Durham Daycare Providers C FES -3 2004 4` -9 LINTY PU "?ON DURHAM UNIFIED SCh' JOL DISTRICT BuTrECOUNTY Penny Chennell, Ed.D., District Superintendent FEB 10 2004 P.O. Box 300 Durham, California 95938 Telephone (530) 895-4675 Facsimile (530) 895-4692 DEVELOPMENT http://www.durhamunified.org SERVICES BOARD of TRUSTEES: Linda Boles Bill Orthel Tom Simmons Greg Sohnrey Todd Southam "Improving Achievement for Every Student" February 8, 2004 Stephen Betts Department of Development Services 17 f, / \Nunn✓ renter Litve Oroville, CA 95965 Dear Stephen: I am writing this letter in support of Marlene Perry. I understand that she is working with you to purchase a building in Durham for a pre-school program. As Superintendent, I am very supportive of the need for quality pre-school programs within the Durham community. They provide children with important social and learning skills that can help them successfully transition to the elementary school curriculum. Last year the Durham Unified School Board of Education explored the feasibility of expanding our K-12 educational programs to include preschool. Given the many state and local school budget issues, trustees did not approve adding the program at that time; however, the Board philosophically supports the benefits of pre-school experiences for our children. I know Marlene as a parent who has children in the Durham schools. She volunteers many hours helping staff and students. Marlene is a very caring, committed, passionate, and knowledgeable teacher. She has a mission to provide a safe, nurturing learning and social, envirornzie.uL for children aged 2-6. I support her efforts to acquire a facility and establish a pre-school near our district. Sincerely, Penny Chennell, Ed. D. Superintendent DURHAM ELEMENTARY SCHOOL DURHAM INTERMEDIATE SCHOOL DURHAM HIGH SCHOOL ELIZABETH T. CAPEN STEPHEN J. PILUSO PAUL ARNOLD PRINCIPAL PRINCIPAL PRINCIPAL Telephone (530) 895-4695 Telephone (530) 895-4690 Telephone (530) 895-4680 Facsimile (530) 895-4665 Facsimile (530) 895-4305 Facsimile (530) 895-4688 MISSION HIGH SCHOOL STEPHEN J. P':LUSO PRINCIPAL Telephone (530) 995-4680 ext. 257 APPENDIX C `Addendum Board of Supervisors Discussion Items 77-2463 Clarification,of A-2 Ltd. definition of single-family dwellings: A-2 Ltd. allows single-family dwellings including mobile homes. 78-459 Discussion -- Mobile -homes in commercial zones: Mobile homes can be allowed in these areas. Another interpretation relates to office mobile -homes; these'should be allowed in C=2 and A-2 Ltd. 83-233 Small hydro generating projects of 5 megawatts or less are considered a permitted use in the F -R, T -M and C -F Zones. 84-259 Churches are a compatible use in agricultural preserves. 84-798 Storage reservoirs and irrigation areas for the disposal of treated water from sewage treatment plants are compatible uses within -any agricultural preserve within the County of Butte as well as with any Land Conservation Agreement -for orchards, field crops, or grazing purposes. 86-147 A public/quasi-public use requires a use Permit in the A-5.zone• private kennels in all agricultural zones will be required to go through the use permit process before a use permit will be issued. 86-163 Interpretation of Section 24-20(d): The existing code section allows an applicant to add structures and storage buildings which were not listed on his original building permit application for a radio broadcast tower. 86-296 - Development permits for residential use on those lots of Butte, Meadows (leases established in -1940 and 1950) leased from Steidlmayer;..,in Jonesville (1940 and 1950), leased from Minderman et al.;'and at Philbrook Lake (1930 and 1940) leased from PG&E, are allowed, finding that the development of the leaseholds conforms to the density established by previous governmental.action with or without subdivision of the parcel,'and, therefore, a use permit would not -be required to develop these."lots.". 86-628 Interpretation of code relating to fish farm with fishing pond oFen'� to the public, fish sales, 18 -space RV park and eight campsites in an A-20 zone: The provisions for hunting and fishing camps in th-e A-10, -20, -40, and -160 zones were intended to.apply to seasonal club activities and similar uses. 87-92 A public entity which has established a legal nonconforming use may add an accessory structure'to expand an existing transmission facility on the property by erecting a microwave radio communications antenna., 87-358 Interpretation of a.request.to install a mobile home to serve as construction headquarters and residence to be occupied by an employee of a construction firm working on'Highway 99: Temporary land use, including equipment and material storage, construction 170 offices, residences, etc., is an allowed use in all zones, said land use limited to one year. The Board of Supervisors shall review the temporary land use annually from the date of issuance of the first permit for the purpose of determining the necessity of the continued temporary use. The Board of Supervisors retains the right to refuse to extend the temporary use in the event the Board determines that the permittee has failed to demonstrate good faith in completing the construction project. 87-405 Interpretation -_pre-school child care center in an AR -MH -2-1/2 Zone: Day care facilities for over twelve (12) children should be considered schools regardless of whether the applicant is a non- profit organization. These facilities are allowed in all zones having a provision for public/quasi-public uses subject to first securing a use permit. 87-439 Interpretation of a "mobile home only- zone: It is the Board's policy that they would not have zoning which excludes only particular kinds of housing [and would permit any type of housing) as long as it is up to code. 87-440 Installation of additional older (non -code) mobiles should be restricted to the A, F -R and T -M zones, should be authorized as -Aunt Minnies- in only these zones, and only with use permits. Older mobiles would continue to be allowed in mobile home parks (by use permit in all residential zones in the new code). [This discussion pertained to the proposed zoning ordinance.] 88-272 Interpretation of the Butte County Code regarding private airstrips. The Board finds that private airstrips/airports used for dusting and seeding in the agricultural zones (A-5, A-10, A-40, A-160) are considered to be an accessory to agriculture (Code Section 24-21.1). 88-505 Interpretation of wineries as agricultural processing -plants. The Board finds a tasting room as an accessory building to a winery would require a Use Permit. 8.9-118 Interpretation of wood processing plants in the agricultural zones. The Board finds pursuant to Code Section 24-20, Sub. Paragraph (d), that in the agricultural zones (A-5 through A-160) wood processing plants can only be considered for wood -grown on-site or on other lands under the same ownership. 89-172 Interpretation of whether agricultural buildings are allowed in zones that do not specify agriculture as an allowed use. It is the Board's policy that agricultural buildings are not an allowed use in the C-1, C-2, C -C, C -F, H -C, L -I, M-1, M-2, MHP, R-lA&C, R-2, R- 3, R-4, R -MB, R -N, RT -1/2, and RT-lA zones. 89-289 Interpretation of Butte County Code Section 24-117, M-2 Zone, regarding subsection (b) uses requiring use permits. The Board finds that the provisions of Code Section 24-117 Section (a) and Section (b) conflict regarding canneries and agricultural processing plants. Therefore, the Board determines the canneries and other agricultural processing plants are permitted uses and do not require use permits. 171 March 17, 2004 Development Services, Planning Division Oroville, CA RE: Use Permit UP 04-17 Attn: Stephen Betts The following points are in response to your previous letter dated February 24, 2004. The drop off times for children will be between 6:30 a.m. and 8:00 a.m. and the pick up time will be between 4:30 p.m. and 5:30 p.m. We will be having four (4) employees. We are applying for our state license for the number of 1-30 children. The entrance and exit to the building is separate from the library entrance and is located on the northern end of the property. We -have included a drawing to indicate the outside fenced in play area and another drawing to indicate the doors and windows of the building. We spoke with the local Fire Marshal regarding these doors and windows and will make the necessary adjustments after -we know the pre-school is a go from the county. We have spoken to the owner, Debbie O'Laughlin, of the orchard next door to the property and they. have assured us that is currently not a working orchard. The trees are in the processed of being removed. In addition, we -have sent a letter to Tom Loushine at Environmental Health regarding a new leach line. We have informed Tom, that we are only applying for a license for 1-30 children with four (4) staff present. Thank you for your assistance any other concerns or questions please give us a call. Sincerely, Marlene Perry 342-4522 CO'd Kathy McCullough 345-3580 Encls: < ; 1 RE.CEIVED . •2.2 2004 BUTTE COU--IY 2n!L2�M7CES r r� March 17, 2004 Environmental Health Department 411 Main Chico, CA 95928 RE: Use Permit Conditions, UP 04-17 Attn: Tom Loushine, R.E.H. S: This letter is in response to our phone conversations regarding the memorandum dealing - with sewage disposal areas. Instead of the original 48 children we have decided to apply for a license for the number of 1-30 children with four (4) staff present. Please re-evaluate our application with respect to the replacement of a new leach line. Thank you for your assistance in this'matter. Sincerely, Kathy McCullough and Marlene Perry RECEIVED MAR 2 2 2004 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES February 2, 2004 Butte County Planning Commission Use Permits RE: UP04-17 To Whom It May Concern: This letter is reference to applying for a Use Permit to an existing building to convert into a full time year round Pre-school in the town of Durham. As large daycare providers in Durham, Marlene Perry and Kathy McCullough, have been approached and asked several times why we do not open our own pre-school. Together we have over twenty-nine (29) years of experience in the child care field. We have also been approached by the Durham School District that if we were to open a pre-school they would like to collaborate with us as we will have a pre -kindergarten program established. It has been expressed to us that there is a need for a full time pre-school in the town of Durham. With our current and continued education, we feel that we are ready to undertake this venture. Since we have decided to go into business together we have been looking for a piece of property and have found the perfect location at 2547 Durham Dayton Highway, Durham, CA. This building is already set up with a receiving area, kitchen, bathrooms, classrooms, utility, staff lounge, and storage areas. The playground area is also already fenced in as well as a pre-existing parking lot. We would like to operate between the hours of 6:30 a.m. and 5:30 p.m. Monday through Friday, ,year round. We are requesting a license for 48 children between the ages of, two (2) through school age, through State Licensing. Our tentative schedule will be as follows: 6:30 - 8:30 indoors, 8:30 - 9:00 outside play, lunch, 12:00 — 12:30 outside play and rest period to follow. Last, outside play to be around 4:00 — 5:00 weather permitting. With our many years of hands on experience and education, both former and continuing, and our memberships with NAEYC, we are confident that our pre-school program will be a quality one. Thank you for your time and consideration in helping us with our new.venture. We look forward to hearing from with good news. Sincerely, Marlene Perry & Kathy McCullough f 1 Durham Daycare Providers FE9 - 3 2004 P117" COUNTY PU "BION 0 - Check Number 2547 (Perry), 4942 ---`-- ' Total Received Total Fees Public Sales Copies � i / | ^ --------'--'- - — - $0.00 -PLANNING DIVISION Counter DDS Planning 70 . 00 I(General Fund) [�ayment Date 1/30/2004 Public Works I(Land $150.00 Development) Receipt Number 394749 DF (Fire Department) Received From & McCullough Perry & McCullough $36.00 Applicant' (Recording Fee) 04-17 Aunt Minnie ;0 071 $0.00 Application -Number o or r In Reference -to Planning Review / EIR Parcel Number 039-540-025 - Check Number 2547 (Perry), 4942 ---`-- ' Total Received Total Fees Public Sales Copies � i / | ^ --------'--'- - — - $0.00 (16 TO: / FROM: EARL LEE BUTTE COUNTY TREASURER DATE: SUBJECT: CREDIT DEPOSIT CHECK MEMORANDUM is A check deposited by your department has been returned by the bank and cannot be re -deposited. A copy of the check is enclosed. It will be charged back to you on a credit deposit within the next week. Within the next three (3) working days, please provide all information as to which funds to charge. If we are not provided with the information from you, we will charge the check to a fund we feel is correct. You can then verify the credit deposit when received and if the fund is incorrect, process a transfer with the Auditor's office. This procedure has become necessary because of the lack of response to this memo by some departments and the time involved in making follow-up telephone calls. Reminder: There is a $25.00 special handling fee on all returned items. Per County Ordinance #2967. If you have any questions please call me at 538-7576. Also, you may FAX this information to us at 538-7648. TO: EARL LEE BUTTE COUNTY TREASURER. DEPARTMENT AND NAME FROM: 3) eu-,e-1 o Saw t Ge s- a.r, r\ .i r`dr - I DATE: ala SIodl CHECK NUMBER: 4/ 9 41 a Thank you for your cooperation. FUND TITLE OR DESCRIPTION: GQ:11 FUND CODE: 0 O 10 DEPT CODE: Li qo oo ( ACCOUNT CODE: L4 9L (0 900 CASH CODE: J d J p p AMOUNT: 0 p ":: �t>�>'' V a AP 038-540-025 � Perry/McCullough 1 0"% A I .17 • 1 0 Butte County Deparanent ofDevelopment Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING February 5, 2004 Marlene Perry and Kathy McCullough 2387 Brown Street Durham, CA, 95938 Re: Use Permit, UP 04-17, APN 039-540-025 Dear Ms. Perry and Ms. McCullough: In an effort to keep our customers informed, we are notifying all applicants about the current status of their application and assigned Planner. Your project has been assigned to Stephen Betts and he can be reached at 538-7153, between, 8:00 a.m. and 4:00 p.m., Monday through Friday. Your project is being reviewed for completeness. Should you have any questions regarding your application, please call the planner listed 'above! Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Cc y Butte CountDepartment o DeveloPwent Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile February 5, 2004 TO: FROM: Stephen Betts, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Marlene Perry and Kathy McCullough, Use Permit - UP 04-17 APN: 039-540-025 DATE OF IDR: 2/18/2004 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 16, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: March 4, 2004 The Planning Division has received a project application as described'below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 2/18/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. " PROJECT DESCRIPTION: Use Permit to allow a change in a legal nonconforming use. The change would be from a communications business to a preschool PROJECT LOCATION: on the west side of Durham -Dayton Highway, approximately 570 feet north of G. Warren Drive, at 2547 Durham -Dayton Highway, Durham COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: SR -1 (Suburban Residential, I -acre parcels) GENERAL PLAN: AR (Agricultural Residential) If a response cannot be submitted prior to the due dates listed above, please call Stephen Betts at (530) 538-7153 or send him an e-mail at Sbetts@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for June 10, 2004, before the Planning Commission. IDR COMMITTEE — APPLICATION COMPLETE: ❑ No (Please send response to Sbetts@buttecounty.net by February 16; 2004 ) ❑ Yes (Conditions/mitigation measures due by March 4, 2004) K:\Planning\Projects\CommentRequestForm.dot i • "DRAFT" LEAD IN SHEET • FILE NO: U P n y - 17 AP# 3q - 541,- aS APPLICANT: M n r 1-e n P Perr V a f2d l<a fb)v_ Mr Cry 110 u a OWNER: S I'M ,i�I0rk� REPRESENTATIVE: PROPOSED REQUEST: (to be filled out by person taking in application) FINAL REQUEST: (to beilled o><It by project planner) t'dv6%�wcs S -t-eq q 6M SeMml SIZE: 2 ca c - SUPERVISORIAL DISTRICT # 4 EXISTING ZONING: GENERAL PLAN DESIGNATION: ASSIGNED PLANNER: ';Ze-+.5 Date ADulication Received Date Proiect Assigned �2/ 2 Jn�J IDR Date c 2f /,3/,o 30 Day Complete / a -7 % Preset Hearing Date X1/040 y KAPlanningTonnsEead In Sheet.doc Ohl ,aric�l�c�� I�cSidcv't�Q1 PLANNER'S INITIALS 144 • County Offices and Cities: _ Chief Administrative Officer X Environmental Health _ Sheriff X LAFCo Biggs _ Oroville Information Systems Dept. X County Counsel Irrigation District: _ Butte Water _ OWID Table Mountain Irrigation . Domestic Water _ Butte Water District OWID Sewer _ Butte Water District Skansen Subdivision (CSA 21) Fire Protection X California Department of Forestry Recreation Districts _ Chico Area Recreation Paradise Recreation & Park Utilities _ PG&E North - Chico PG&E South - Oroville State Agencies COMMENT DISTRIBUTION LIST X Develop. Services Director X Assesor _ BCAG _ Air Quality Mgmt. _ Gridley _ Paradise Animal Control —Biggs/W. Gridley Water _ Paradise Irrigation Thermalito Irrigation _California Water Service Co. Thermalito Irrigation District _ Themalito Irrigation L.O.A. PUD EI Medio Fire Protection District _ Durham Area Recreation Richvale Recreation & Parks _ Chambers Cable TV Viacom Cable TV CalTrans (Traffic) _ Dept. of Water Resources _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program Department of Conservation _ Off. of Mining Reclamation Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ US Bureau of Land Management _ Army Corps of Engineers _ National Marine Fisheries Sservice Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Drainage _ Reclamation _ Butte Co. Mining Committee _Paradise Pines Com. Assoc. _Mosq. Abatement. Oroville/Butte Co _ Community Association _ Butte Env.l Council _ Cal Native Plant Society _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy X Public Works Director X Building Manager _ ALUC _ Butte Co. Farm Bureau _ Chico Chico Airport Commission X Agricultural Commission _ Durham Irrigation _ Richvale Irrigation Other _ Del Oro Water Co. Other _ Sterling City Sewer Main Feather River Rec. & Park Pacific Bell _ Dept. of Fish and Game Highway Patrol _ Off. of Governmental & Env. Relations US Fish & Wildlife Service School Districts K:\Planning\Fcrms\DISTR.wpd (WDURHAM UNIFIED SC'OL DI TRI T BUTTE COUNTY Penny Chennell, Ed.D., District Superintendent FEB 0 ��0 P.O. Box 300 Durham, California 95938 Telephone (530) 895-4675 Facsimile (530) 895-4692 DEVELOPMENT http://www.durhamunified.org SERVICES BOARD of TRUSTEES: Linda Boles Bill Orthel Tom Simmons Greg Sohnrey Todd Southam "Improving Achievement for Every Student" February 8, 2004 Stephen Betts Department of Development Services k,ounty ,,cnter Drlv:, Oroville, CA 95965 Dear Stephen: I am writing this letter in support of Marlene Perry. I understand that she is working with you to purchase a building in Durham for a pre-school program. As Superintendent, I am very supportive of the need for quality pre-school programs within the Durham community. They provide children with important social and learning skills that can help them successfully transition to the elementary school curriculum. Last.yearthe Durham Unified School Board of Education explored the feasibility of expanding our K=12 educational programs to include preschool. Given the many state and local school budget issues, trustees did not approve adding the program at that time; however, the Board philosophically supports the benefits of pre-school experiences for our children. I know Marlene as a parent who has children in the Durham schools. She volunteers many hours helping staff and students. Marlene is a very caring, committed, passionate, and knowledgeable teacher. She has a mission to provide a safe, nurturing learning and social enviroyanent for children aged 2-6. I support her efforts to acquire a facility and establish a pre-school near our district. DURHAM ` DURHAM DURHAM MISSION ELEMENTARY SCHOOL INTERMEDIATE SCHOOL HIGH SCHOOL HIGH SCHOOL ELIZABETHT. CAPEN STEPHEN J. PILUSO PAUL ARNOLD PRINCIPAL PRINCIPAL PRINCIPAL Telephone (530) 895-4695 Telephone (530) 895-4690 Telephone (530) 895-4680 Facsimile (530) 895-4665 Facsimile (530) 895-4305 Facsimile (530) 895-4688 STEPHEN J. PILUSO PRINCIPAL. Telephone (530) 8554680 ext. 257 P7 ytoolHa►y.Durham. CCA' Loosted st�Durbaao<tDa• . N N �M� N A �a is :y A N M • 3 2004 s' BUTTE COUNP �, i'a,N F'.' �'*DING Mos—, N COMMERCIAL INDUSTRIAL • `RESIDE SIAL ACREAGE FARMS "•.:CUCKCLUB8 annot uwm��n�pontib(Nry for Mt oonretrN�s. The above -has ba" socumd,irom swrcos wo, boiovo►b'bo robble tlwwowriwo r M r yy fill 3 2004 s' BUTTE COUNP �, i'a,N F'.' �'*DING Mos—, N COMMERCIAL INDUSTRIAL • `RESIDE SIAL ACREAGE FARMS "•.:CUCKCLUB8 annot uwm��n�pontib(Nry for Mt oonretrN�s. The above -has ba" socumd,irom swrcos wo, boiovo►b'bo robble tlwwowriwo PORTION N.E. 1/4 SEC. 25, T.21 N. R.1 E. M.D.B.& M. --'PTN LOT 4 Ac 4. 4• 275.00 1 P. 42 TN LOT PTN LOT 2 39 C3E 3. Ac70 -BLOSSOM ESTATES --------------------------------- 7 21 .0 70.64157.64946 as c c6. .99Ac � 1.04Ac 115.07 n179.90°° s44 m 10 48140.01 59.30 �4 o- ri v35868 'r cZo mNDCT100.0°=3 1.02Ac SOLOWI 113 12335.3416 55 54,52 51 50 g S21.02Ac 2 O .39Ac ^ 31A C160.00 110.00 110.00 110.00 121.00 185.66 150.02A PTN LOT 1 53 PTN LOT 1 1 O 1 26 0 008Ac 36 ryyti C20 10 37 0 1.45Ac N " 1.81Ac 1.98Ac " 1.4Z -------------------- &EM---------------------raaatr--------�� 6PM75 .. 24 0-- 50 1.05Ac BLOSSOM ESTATES 156 M.O.R. 59/62 3/17/03 LOTS 1/16 TURNERS 3RD SUBDIVISION 118 MOR 57/59 7-25-90 LOTS 1 . THRU 8 DURHAM VALLEY ESTATES 116 MOR 9/12 5-4-89 LOTS 1 THRU 20 39=54 . o CD m N If ,,r.0 10 SJT09'51pE 167.51 9 10 �e.g6 8 9 0 1.04Ac = o O 7 181.65 � 1.08Ac z�Cd1. 12A& 11 6 O ` Q1 1.18Ac " 11 TO 1.26AC j _ 1.04Ac " w� �1 139.00 -OURT ,63.20 13 " 1x7.3514 181.65 _ is 13 12 -'� 16fn 14 o o" o o Y � 12 p 16 N 17 0 1.04Ac 1.08Ac 1.0OAc 1.04Ac N m DUR AM VALL ESTATE / 176.90 159.00 139.00 181.66 ;' 1.00Ac 1.00Ac 165.50 166.50 167.00 167.50 5 6 7 8 32 33 34 35 194.43 130.00 18 " N 1.01Ac 1.01Ac 1.01Ac 1.01& 9 ---------------------------- i 315.05 �p 19 DWYER 4 31 `` 3g 2 1.38Ac N 1.01 Ac 1.0 l Ac 1:01 Ac 1.01 Ac z N TURN R'S 3RD SUBDIVISION -------�, ----- i ---------- - ----------------------------------- N00°31'41�W --------------------- Butte County Assessor's Book 39, Page 54 NOTE These parcels are for assessment po only and may not constitute legal Parc( 46 66 Map rposes s. CREATED BY PS CREATED ON 7-15-2002 REVISED BY SDT REVISED ON 9-24-2003 EFFECTIVE 2004-05 ROLL PREVIOUS BOOK 39, POR77ON OF PAGE 24 CompiledBy The Butte Counf Assessor's Office C :- i C n BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - JUNE 249 2004 Applicant: Marlene Perry and Kathy Location: On the west side of Durham McCullough Dayton Road, at 2547 Durham Dayton Road, Durham File #: UP 04-17 Parcel Size: 0.99 acre Request: Use Permit to allow the Supervisor change of a nonconforming District: use to allow a preschool for up to 30 children G.P.: Agricultural Residential • Planner: Zoning: SR -1 (Suburban Residential, 1 -acre minimum parcel size) f Zone Date: Feb. 25, 1992 APN: 039-540-025 EXECUTIVE SUMMARY: Attachments: al Steve Betts, Senior Planner A: General Plan/Zoning Map B: Letters C: Site Plan The project would allow the applicants to change a nonconforming use from a telecommunications business to a preschool use. The project is not expected to cause a significant increase in vehicular traffic, night lighting, or noise in the project area. Staff recommends approval of this Use Pe_. -mit with findings and conditions. PROJECT DESCRIPTION: • The project would change the existing nonconforming use on .the project site from a telecommunications business (Qwest) to a children's preschool use. • The proposed preschool would serve up to 30 children, with up to four employees. • Normal operating hours of the proposed preschool would be Monday through Friday, 6:30 a.m. to 5:30 p.m. Normal drop-off time would be between 6:30 a.m. and 8:00 a.m. and normal pick- up time between 4:30 p.m. and 5:30 p.m. The applicant may occasionally hold evening events, such as a back -to -school night or open house. • A large, fenced outside play area is proposed for the area behind and. to the north of the preschool building. ■ Butte County Department of Development Services ■. ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 1 of 9 ■ • The existing structure on the site is believed to have been first construed as a convalescer_t hospital ("North Valley Convalescent Hospital"), sometime prior to 1967. In 1968, a building permit was issued for a pharmacy in the building. A building permit for re -roofing work on th-. building in 1985 indicates that the building was utilized as a medical clinic ("North Valle, Medial Clinic") at that time. In 1997, the flat roof was replaced with a pitched roof, and at that time the business on the site was called "North Valley Medical Building." It is believed that the existing structure was constructed at a time when the zoning allowed a commercial use by right or there was no zoning at all. • The project parcel was zoned SR -1 in 1973. The zoning prior to that is believed to have been A- 2 (General). SITE CHARACTERISTICS: • The project site is developed with a 3,300 square foot commercial structure, 1,000 gallon septic tank, leach field, and paved parking area. • The project site is level with no water courses. • Vegetation on the site consists of one large deciduous tree behind the building, non-native shrubs and conifer trees around the building, and non-native shrubs and trees along Durham Daytor_ Road. A large part of the project site is paved. The western portion of the site (approximately 0.44 acres) consists of a gravel/dirt surface. • Sewage disposal is handled by an on-site septic system. Domestic water is obtained from the. Durham Irrigation District. • The parcel fronts on Durham Dayton Road. There is one driveway access onto Durham Dayton Road on the project parcel, although the driveway on the adjoining parcel to the south (Durham Library) could also be utilized since these two parcels share a common parking lot. • Uses on the surrounding parcels include dwellings on parcels ranging in size from 0.48 to 1.02 acres, the Butte County Library (Durham Branch), and a small water pumping facility. • All of the surrounding parcels are zoned SR -1 and have a General Plan land use designation of Agricultural Residential. No commercial agricultural uses are found on the surrounding parcels or within 300 feet of the project site. Remnants of an orchard are located on the two 0.5f acres parcels to the north of the site. This orchard is no longer active. • The project site is located over 600 feet from the nearest Agricultural zone and Orchard and Field Crop designation. • A fire hydrant is located approximately 120 feet to the south of the building on the site. • The project site is not located within a 100 -year flood zone or an aircraft overflight zone. • The project site is located within the boundaries of the Durham Dayton Nelson Planning Area and is subject to the goals, objectives, and policies as found in the Durham — Dayton — Nelson. section of the Land Use Element of the Butte County General Plan. • The project site is not located within the Durham Urban Area. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 2 of 9 ■ ANALYSIS: • Butte County Code Section 24-35.20 states that no nonconforming use shall be changed or expanded unless made to conform to the use standards and regulations for the zone within which it is located. Provided, however, that any nonconforming use may be changed to another nonconforming use or expanded upon obtaining a Use Permit from the Planning Commission. • When considering a Use Permit for a nonconforming use, the Planning Commission shall grant the Use Permit when it finds that the change or expansion of such use will not conflict with; impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins. This finding shall be in addition to the findings required by section 24- 45.10 of the Butte County Zoning Ordinance. • The Planning Commission may impose conditions upon the issuance of the Use Permit which are reasonably related to the use of the property for which the Use Permit is requested. In addition the Planning Commission may at its own discretion establish a date for either the termination of the use or review of the Use Permit. • The project would not require any significant physical changes to the exterior of the existing structure. The project would also not require any additional paved surfaces. The only soil disturbance caused by the project would be for the installation of a new septic system and/or modification of the existing septic system. • The existing septic system may require modification, or a new septic system may be required, to handle the increase in effluent caused by the project. The Butte County Environmental Health Division does not object to the project provided the necessary modifications are made. • Some interior modifications to the existing structure may be required to meet the requirements of. the Fire Chief. The project is conditioned to require compliance with Fire Chief requirements. Additionally, building permits are required to be obtained from the Butte County Building. Division for the change of occupancy. • The project is expected to generate approximately 136 vehicle trips per day as determined by the Institute of Transportation Engineers (Trip Generation, 6ch Edition). The project would generate approximately 50 vehicle trips during the morning peak traffic hours (7:00 a.m. to 9:00 a.m.) and approximately 52 vehicle trips during the evening peak traffic hours (4:00 pm. to 6:00 p.m.). Durham Dayton Road, which is classified as an arterial roadway, has sufficient capacity to handle this increase in vehicle traffic. There is excellent sight vision of Durham Dayton Road from the project site's driveway. • The project would cause an increase in noise in the project area. Noise from vehicles arriving and departing the site and from the opening and closing of vehicle doors would cause a slight increase in noise levels in the project area. Noise from children playing outside has the potential to create an impact to the surrounding parcels, primarily the two parcels to the north of the site (both of these parcels are currently undeveloped). The increase in noise is not expected to create any significant noise levels due to the distances between the existing and future dwellings near the site and the proposed preschool. The noise from children playing outside is not expected to create significant noise levels because the students would spend most of their time inside. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 3 of 9 ■ Drop-off and pick-up of the children would occur on the project site and not on Durham Dayton Road. Butte County Code Section 24-240 requires one parking space for each classroom or office, be in no case less than three parking spaces. The preschool building contains 14 room3 that could potentially be utilized for classroom or office purposes. Based upon one parking space per classroom or office, the project site would need to have 14 parking spaces. The project site contains 9 marked parking spaces, with unutilized paved area available for additional parking spaces. A condition of project approval requires that the applicant provide at least one parking space per classroom and office. The Butte County Library (Durham Branch) is located next to the project site and the parking lots for these two parcels are connected, effectively forming a common parking lot. The libraro has very limited hours (currently Tuesday 2:00-8:00 p.m. and Thursday 2:00-5:00 p.m.). Noise generated by the project (vehicles arriving and departing the site and children playing) is no: expected to be heard inside the library. The outside children's play area on the project site would be located on the far site of the preschool building, which would help block noise from children playing. Parking for the proposed preschool facility is required to be kept onsite and a condition of project approval prohibits utilizing the parking spaces for the library. ENVIRONMENTAL REVIEW: This application for a Use Permit to allow a change in a nonconforming use to a preschool use is determined to be Categorically Exempt from environmental review under Section 15303 — New Construction or Conversion of Small Structures. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; 'installation of small new equipment ane facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: Find that the application is Categorically Exempt from environmental review under Section 15303(a), as defined by CEQA. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is not required. II. Approve Use Permit UP 04-17 for Marlene Perry and Kathy McCullough, subject to the: following findings and the conditions in Exhibit "A": A. The change of the existing nonconforming use to a preschool use will not conflict With, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins, based upon the findings in Section B below. B. The proposed use of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible: with, or injurious to, surrounding property, or detrimental to the health, safety and ■. Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 4 of 9 ■ general welfare of the persons residing or working in the neighborhood, or to th general health, welfare and safety of the County because: 1. Noise from vehicles arriving and departing the project site and from children playing outside would not cause any significant impacts to adjacent residential uses. 2. Durham Dayton Road hasadequate capacity to handle the increase in vehicular traffic. generated by the project. , 3. The project site contains adequate off-street parking spaces to handle th,: parking needs of the employees and of the parents as they drop off or pick up their children. 4. Unloading and loading of children would occur on the project site and not oz Durham Dayton Road. The site's parking lot connects to the parking lot and driveway for the Durham Library, which would allow for a secondary entrance/exit. 5:. There is excellent sight vision in both directions of Durham Dayton Road from the project site's driveway. 6. The project would not expose individuals to flooding because the project sitz: is not within a 100 -year flood zone. 7. The project would not expose individuals to aircraft operations because thr project site is not located within any airport traffic zone and is not located near any public airport or private airstrip. 8: The project will not have a significant impact on agricultural operations because the project site is located. approximately 600 feet from the nearest commercial orchard and/or agricultural zone. 9. The .project would not expose children on the site to the impacts cf agricultural operations, such as chemical sprays, dust, smoke, or noise, due to the project site's long distance from any commercial agricultural operations. 10. The project would not have a significant impact on the adjacent Butte County Library (Durham Branch). 1.1. The project does not conflict with any policy of the Durham -Dayton -Nelson Plan. k:\planning\projects\upc\perry & mccullough\perry & mccullough up 04-17 agenda report.doc ■ Butte County Department of Development Services ■ . ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 5 of 9 ■ r EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 04-17 PERMIT NO. . 039-540-025 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Marlene Perry and Kathy McCullough are hereby granted a Use Permit to change a nonconforming use to a preschool for up to thirty (30) children on property zoned SR -1, subject to the following conditions: 1. Failure to comply with the conditions specified herein as the basis for approval of applicaticn and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Coce Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The.use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, .Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be, made by each Department or Division that the modification is consistent with the application, fe,-s paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of tuie receipt of the Permit by the Permittee, the Permit shall become null and void' and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establi3h the .use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one-year extension is submitted to the Planning Commissiontogether with sufficient evidence that the time limits for processing development permits under federal or State regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, tie Planning Commission may extend any time limitation previously made a part of azy condition to a Use Permit. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 6 of 9 ■ 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent, any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment C" and date-stamped March 22, 2004, and is incorporated herein by this reference. 2. The preschool shall be limited to no more than thirty (30) children. 3. No parking or loading/unloading on Durham Dayton Road shall be allowed. 4. The preschool operator shall ensure that there is at least one (1) marked parking space per classroom or office. 5. The parking spaces for the Butte County Library (Durham Branch) shall not be utilized by any employee of the preschool or by any person dropping off or picking up their children from the preschool. 6. Prior to occupancy of the building, the applicant shall obtain the required permit(s) from the California Department of Social Service, Community Care Licensing Division. 7. Should construction activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains: ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 7 of 9 ■ 8. All new outside lights shall be fully shielded to prevent glare and excess light on adjacent/nearby parcels. 9. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Building Division 10. Building permits are required for the change of occupancy. Prior to occupancy of the building, the applicant shall submit building modification plans to the Building Division for review and approval and obtain all necessary permits. The applicant shall submit a copy of She building permit to the Planning Division. Public Works Department 11. Prior to occupancy of the building obtain an encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. Butte County Fire Dgpartment/CDF 12. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. 13. Prior to issuance of the Use Permit, provide plans and specifications to the Butte County Fire Chief to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. Environmental Health Division 14. Prior to issuance of the Use Permit, install additional septic system, under permit issued by the Environmental Health Division, to accommodate the sewage flow per day for the maximum number of students and employees. A replacement leach line area for.the full system must be available and kept in reserve. 15. Prior to issuance of the Use Permit, destroy the abandoned well that is on the parcel, under permit issued by the Environmental Health Division. ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 8 of 9 ■ County Counsel 16. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator. other than the applicant agrees -to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved,by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Date: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Building Division Environmental Health Division Land Development Division Fire Department/CDF Butte County Assessor's Office California Department of Social Services, Community Care Licensing Division ■ Butte County Department of Development Services ■ ■ June 24, 2004 ■ Agenda Report - Perry and McCullough UP 04-17 ■ Page 9 of 9 ■ m 0 G� m Vicinity Map c s S. d� Location UP 04-17 039-540-025 a I y \-Qc ,\ ,��� O�0" Road v m k+;:.;y :'ti ,h•.. :.ee+-`�,:t.A ;.i:;. .3;,r�: ,-^l,: �S'.3: rT�1iV: '�: �;{�. ;ki.Z£':. .-��-�,l.�ai �. y� m m rra*n anti Rd 2 Cl w v m Nut Buggy Ln v m fA m R14and Ln LL W 7 tm Q UP 04-17 039-540-025 a I y \-Qc ,\ ,��� O�0" Road v m k+;:.;y :'ti ,h•.. :.ee+-`�,:t.A ;.i:;. .3;,r�: ,-^l,: �S'.3: rT�1iV: '�: �;{�. ;ki.Z£':. .-��-�,l.�ai �. y� Page 1 of 4 40, Betts, Steve From: Schroth, Eric Sent: Friday, May 21, 2004 2:47 PM To: Betts, Steve Cc: Baker, Joseph; Wannenmacher, Felix Subject: RE: UP 04-17 (Perry and McCullough), APN 039-540-025 Steve, Your point is well taken. You can remove our condition for frontage improvements including curb, gutter and sidewalk. From: Betts, Steve Sent: Friday, May 21, 2004 2:25 PM To: Schroth, Eric Cc: Baker, Joseph; Wannenmacher, Felix Subject: RE: UP 04-17 (Perry and McCullough), APN 039-540-025 Eric, I noticed that one of your conditions for this project requires street improvements and the installation of curb, guter, and sidewalk (County Standard RS -2A). I don't believe that these improvements can be imposed on the applicant bw statute since they are not subdividing the parcel and they are outside of the Durham Urban Area. If you still want this as a condition we will need a nexus as to why these improvements are needed (i.e. the project would have a significant impact on vehicular circulation, drainage, or pedestrian safety and the improvements would prevent such impacts). Sine the applicant is only changing the use of an existing building, and the new use is not expected to create any significant impacts, it may be very difficult for us to prove that there is a nexus. Let me know what you think. Thanks. Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk - (530) 538-7153 Fax — (530) 538-7785 -----Original Message ----- From: Schroth, Eric Sent: Thursday, May 20, 2004 3:26 PM To: Betts, Steve Subject: RE: UP 04-17 (Perry and McCullough), APN 039-540-025 Comments attached. From: Betts, Steve Sent: Thursday, May 20, 2004 3:23 PM To: Schroth, Eric Subject: RE: UP 04-17 (Perry and McCullough), APN 039-540-025 There are no curb, gutter, or sidewalks along the frontage of the parcel. Please see the attached pictures. The x/21/2004 • Page 1 of 4 Betts, Steve From: Betts, Steve Sent: Thursday, May 20, 2004 3:23 PM To: Schroth, Eric Subject: RE: UP 04-17 (Perry and McCullough), APN 039-540-025 There are no curb, gutter, or sidewalks along the frontage of the parcel. Please see the attached pictures. The relatively new subdivision (McLaughlin?) adjacent to and north of the project site has these improvements. Hope this helps you out. Thanks. -S- Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk - (530) 538-7153 Fax — (530) 538-7785 '5/20/2004 • .1 C.', • Page 2 of 4 Y.i J a 5/20/2004 wV l4►'.3SaH11roi#�y,.Y 4?.'C+�_f�dW�w��.��'.�k-��au-",",,,,,i.�..+.r�r"."'_.° --� 1 ,""t, xj x, ♦ ^� ... ' d i c n w� a 5/20/2004 1 'ir''"• i ' 1 w � 5 �`+" �4•�Is, t � Nei! �.� Y � w�- ♦ r!r` .� *Yi i �, �.�'" N,� Y...�4 'ky { ��f r``i � } {s�� � ,•y � � s w tL3" �^ ' .,►♦�Y w. vii t ��� t n 't33 � 4� ,+ � • _ . �Jt10,. 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Y` 't x f � se � i r •^+.p`a4,'' _ • Page 4 of 4 Thanks. -S- Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk - (530) 538-7153 Fax — (530) 538-7785 5/20/2004 • Pzge 1 of 1 Betts, Steve From: Schroth, Eric Sent: Thursday, May 20, 2004 3:17 PM To: Betts, Steve Subject: RE: UP 04-17 (Perry and McCullough), APN 039-540-025 Steve, The file notes indicate that it was deemed incomplete and that PW was waiting for pictures to determine if curb, cutter and sidewalk are required. I can process if you know whether these improvements exist. ` From: Betts, Steve Sent: Thursday, May 20, 2004 12:07 PM To: Schroth, Eric Subject: UP 04-17 (Perry and McCullough), APN 0397540-025 Eric, I can't find any Public Works conditions regarding this project. If you have any, please forward them to me. Thanks. -S- Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk - (530) 538-7153 Fax — (530) 538-7785 5/20/2004 Page 1 of 1 Betts, Steve From: Betts, Steve Sent: Thursday, May 20, 2004.12:07 PM To: Schroth, Eric Subject: UP 04-17 (Perry and McCullough), APN 039-540-025 Eric, I can't find any Public Works conditions regarding this project. If you have any, please forward them to me. Thanks. -S- Stephen Betts Senior Planner Butte County.Planning Division 7 County Center Drive, Oroville, CA 95965 Desk - (530) 538-7153 Fax — (530) 538-7785 5/20/2004 Butte County Department ofDevelopment Services YVONNE CHRISTOPHER, DIRECTOR, 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADNIM IISTRATION * BUILDING * GIS * PLANNING February 24, 2004 Marlene Perry 2387 Brown Street Durham, CA 95938 Re: Project Incomplete — Use Permit for Marlene Perry and'Kathy McCullough, APN 039-540-025, Project # UP 04-17 Dear Ms. Perry and Ms. McCullough: The Butte County ' Inter -Departmental Review Committee (IDR) reviewed the above referenced project at its February 18, 2004, meeting. The IDR committee determined that the project is not complete for the following reasons: 1. The Butte County Building Division requires a detailed floor plan of the existing building. All windows and doors must be shown. The wall on the library side of the building will require protected opening for the new use. All glazing and doors on that side will require fire rated assemblies. Please contact the Building Division, which can provide you with additional information regarding these requirements. 2. The detailed project description that you provided, which is dated February 2, 2004, does not provide information on how many employees the pre-school will have. The project description also does not provide us with information on the times that children will generally be dropped up and picked up. Please provide us with this information. 3. The site plan is not clear on how vehicular traffic will enter and exit the site. Will the vehicular traffic generated by the proposed pre-school use the driveway on the adjacent library? If so, the site plan needs to be revised to show this. 4. The site plan does not show where the outdoor children's play area will be located. The site plan needs to be revised to show this. 'i, This Use Permit application is deemed incomplete until such time as the required information is submitted to, and reviewed and approved by the Butte County Planning and Building Divisions. No further processing will occur until such time as the application is deemed complete. The timelines pursuant to the California Permit Streamlining Act are hereby suspended until such time as the required information is submitted. Please be aware that additional information may be required once environmental review pursuant to the California Environmental Quality Act begins. Should you have any further questions regarding this matter please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538-7153, or via e-mail at sbetts@,buttecounty.net. I will be happy to assist you in any way I can. Sincerely, Stephen Betts Senior Planner Betts, Steve From: Betts, Steve Sent: Tuesday, February 10, 2004 2:14 PM To: Loushine, Tom Subject: RE: UP 04-17 Marlene Perry and Kathy McCullough Tom, There should have been a project description from the applicants that gave all that information. I am sure it was sent out with the site plan but you may not have received it. Attached below please find the applicants' project description (sorry, the quality of the scan leaves a lot to be desired). They did not indicate the number of employees, so that needs to be answered. It looks like they will be serving lunch to the children. Their phone numbers are 342-4522 (Marlene Perry) and 345-3580 (Kath McCullough). Hope this helps you out. If not, let me know. Print scan0003.pdf (262 KB) Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk - (530) 538-7153 Fax — (530) 538-7785 -----Original Message ----- From: Loushine, Tom Sent: Tuesday, February 10, 2004 12:21 PM To: Betts, Steve Subject: UP 04-17 Marlene Perry and Kathy McCullough Hi Steve, I would like the telephone #'s for either of the applicants to find the following info: # of students, # of employees, and if meals are to be provided for the day care. ( or the actual numbers if you have them) Thanks, Tom RECEIVED FROM i COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA 71154 PLANNING BAG 0329 DATE 2/312004 CASH CODE AMOUNT 101001 101001 101001 1010129 101001 10`1001 039 5y 0 �- Ap/- 4+ 3 y y C)L 44 �z y7) C- " IA 5,910.00 1,250.00 842-00 387.00 180.00 300.011 TOTAL $ 0,069.00 APPROVED BY: RECEIVED BY: AUDITOR. -CONTROLLER" TREASURER By: +mite=treasurer pink --auditor canary --depositor golden rod --file v�------------- - 0 FUND FUND DEPT ACCT DESCRIPTION TITLE CODE CODE CODE DEPOSIT DATE: 2-3 - RECEIPTS: 394748-394754 PLANNING APPL FEES GENL 0010 440011`1 4210900 LAND DEVELOPMENT GENL 00101 44 4611700 ENVIRONMENTAL HLTH GENL 0010 ' 4WM 4614901 FIRE PLNG APPL FEE FIRE PROTECT 0100 4617240 NODINOE CLERK'S FILING FE GENL 00`10 470001 4612319 D.O.T.-ALUC PLANNING GENL 0010 440MI 4617241 (I o ot4-r') DATE 2/312004 CASH CODE AMOUNT 101001 101001 101001 1010129 101001 10`1001 039 5y 0 �- Ap/- 4+ 3 y y C)L 44 �z y7) C- " IA 5,910.00 1,250.00 842-00 387.00 180.00 300.011 TOTAL $ 0,069.00 APPROVED BY: RECEIVED BY: AUDITOR. -CONTROLLER" TREASURER By: +mite=treasurer pink --auditor canary --depositor golden rod --file v�------------- - 0 v— COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT ' OROVILLE, CA 71154 RECEIVED FROM PLANNING BAG 0329 DATE 2/3/2004 FUND FUND DEPT ACCT CASH DESCRIPTION! TITLE: CODE CODE: CODE CODE: AMOUNT DEPOSIT DATE: 2-3 RECEIPTS: 394748-3947x4 PLANNING APDL FETES " GEN4L 0010 44WO1 4210900 101001 5,110.00 LAND DEVELOPMENT GENIL 0010 440 4811701, 101001 1,x.00 ENVIRONMENTAL HLTH GE:N1L 0010 640003 4814901 101001 842.00 FIRE PLNG APPL FEE: FIRE PROTECT 016 4817240 101001 387.00 NOEDIN OE CLERK'S FILING FE GEN1L 0010 470001 4812319 101001 180.00 D.O.T.-ALUC PLANNING GE:NIL 0010 44 MI 4817241 101001 300.00 L�\� v �►- i '7 J.)OO-00 039 - 54U c��5 Pe_r-rkA_ � m,: --CL ,\\ oU&"-\ ; Ppr +4- 371-0y9 �� a547Pe-r k. rn CCL,, 5. cic.. 49y TOTAL $ 0,069.00 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER' TREASURER BY: By: white=treasurer pink --auditor canary --depositor golden soc=file i I' BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Marlene Perry and Kathy McCullough DATE: 1/30/2004 AGENT: APN: 039-540-025 FILE #: UP 04-17 PLANNER: Stephen Betts PROJECT DESCRIPTION: Use Permit to allow a _change in a legal nonconforming use. The change would be from a communications business to a preschool Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS X 1. Prior^ the issu nee of building pemiits obtain encroachment permit for all new or existing driveway. approaches and construct them to County standards, as specified in County Improvement Standards. . 2. Prior to the issuance of building permits deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. X 3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on Durham Dayton Hwy. to RS -2A standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. 4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE 1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS 1. Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. Betts, Steve From: Loushine, Tom Sent: Tuesday, February 24, 2004 9:22 AM To: Betts, Steve Subject: Use Permit 04-17, Perry and Mc Cullough, APN 039-540-025 In reference to the conditions written to you in the Inter -departmental memo dtd 2/17/04: Item E. Sewage disposal areas The last word of this condition should read "reserve", not "service". • Page 1 of 1 Betts, Steve From: Schroth, Eric Sent: Monday, February 09, 2004 3:43 PM To: Betts, Steve Subject: OR Files Steve, The following files are determined complete by Public Works: TPM 04-23 Blatz TPM 04-20 -UP 04-17 Butte County Public Works Land Development Division 7 County Center Drive Oroville, CA 95965 Phone: (530) 538-7266 FAX: (530) 538-7171 2%9/2004 Royal McCullough 7 0 Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile February 19, 2004 TO: Inter -Departmental Review Committee FROM: Stephen Betts, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Marlene Perry and Kathy McCullough, Use Permit - UP 04-17 APN: 039-540-025 DATE OF IDR: 2/18/2004 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 16, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: March 4, 2004 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 2/18/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit to allow a change in a legal nonconforming use. The change would be from a communications business to a preschool PROJECT LOCATION: on the west side of Durham -Dayton Highway, approximately 570 feet north of G. Warren Drive, at 2547 Durham -Dayton Highway, Durham COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: SR -1 (Suburban Residential, 1 -acre parcels) GENERAL PLAN: AR (Agricultural Residential) If a response cannot be submitted prior to the due dates listed above, please call Stephen Betts at (530) 538-7153 or send him an e-mail at Sbetts@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for June 10, 2004, before the Planning Commission. IDR COMMITTEE — APPLICATION COMPLETE: ❑ No (Please send response to Sbetts@buttecounty.net by February 16, 2004 ) X Yes (Conditions/mitigation measures due by March 4, 2004) K:\Planning\Projects\ConimentRequestForm.dot Betts, Steve From: Vieira, Mike Sent: Thursday, February 12, 2004 11:35 AM To: Betts, Steve Subject: RE: UP 04-17, Perry & McCullough; Steve Betts, planner Page 1 of) -----Original Message ----- From: Thornton, Roneva Sent: Friday, February 06, 2004 4:31 PM To: Willis, Don; Bottenfield, Cliff; Breedon, Dan; Christopher, Yvonne; Crawford, Ted; Fogel, Doug; Fowler, Steve; Hill, Rob; Johnston, Mary; Lawrence, Gail; MacKenzie, Robert; Nash, Aubrey; Price, Richard; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Severin, Vance; Starrett, Bill; Vieira, Mike; Wannenmacher, Felix Subject: UP 04-17, Perry & McCullough; Steve Betts, planner To: Members of the Inter -Departmental Review Committee Subject: UP 04-17, Marlene Perry and Kathy McCullough APN: 039-540-025 30 -Day Complete: 2/27/2004 Project Planner: Stephen Betts Please respond by: 02/16/2004, regarding completeness of application Date of IDR: 02/18/2004 Do you find this application complete? XX No. What is needed to make the application complete? Provide a floor plan of the proposed use. Show all windows and doors. The wall on the library side of the building will require protected opening for the new use. All glazing and doors on that side will require fire rated assemblies. ❑ Yes. Conditions and/or mitigation measures (please respond by 03/04/2004) Standard Conditions are attached for your convenience. Please send your response to sbetts@buttecounty.net This application is being provided to you for comments. Please see attached documents. A hard 2/12/2004 -----Original Message ----- Betts, Steve From: Hill, Rob Sent: Thursday, February 19, 2004 9:09 AM To: Betts, Steve Subject: FW: UP 04-17, Perry & McCullough; Steve Betts, planner -----Original Message ----- From: Hill, Rob Sent: Thursday, February 19, 2004 9:06 AM To: Thornton, Roneva Subject: RE: UP 04-17, Perry & McCullough; Steve Betts, planner Page 1 of -----Original Message ----- From: Thornton, Roneva Sent: Friday, February 06, 2004 4:31 PM To: Willis, Don; Bottenfield, Cliff; Breedon, Dan; Christopher, Yvonne; Crawford, Ted; Fogel, Doug; Fowler, Steve; Hill, Rob; Johnston, Mary; Lawrence, Gail; MacKenzie, Robert; Nash, Aubrey; Price, Richard; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Severin, Vance; Starrett, Bill; Vieira, Mike; Wannenmacher, Felix Subject: UP 04-17, Perry & McCullough; Steve Betts, planner From: Rob Hill, Agriculture To: Stephen Betts, Planning Subject: UP 04-17, Marlene Perry and Kathy McCullough APN: 039-540-025 30 -Day Complete: 2/27/2004 Project Planner: Stephen Betts Please respond by: 02/16/2004, regarding completeness of application Date of IDR: 02/18/2004 Do you find this application complete? ❑ 1 No. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures (please respond by 03/04/2004) Standard Conditions are attached for your convenience. The Orchard on the north boundary may be an issue. There should have been a condition on that subdivision to remove the orchard. It appears that it is being removed, slowly. If the orchard remains active,the spray hazard issue will have to be addressed. 2/19/2004 IN 1'ER-DEPARTMENTAL MEMORANIjUM BUTTE COUNTY TO: Development Services, Planning Division FROM: Tom Loushine, R.E.H.S., Environmental Health SUBJECT: Use Permit Conditions, UP 04-17 DATE: February 17, 2004 APPLICANT: Perry & McCullough DATE: January 26, 2004 AGENT: APN: -39-540-025 PROJECT DESCRIPTION: Use Permit 04-17 Items below are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: E. SEWAGE DISPOSAL AREAS 1. Install additional septic system, under permit issued by the Environmental Health Division, to accommodate the sewage flow per day for the maximum number of students and employees. A replacement leach line area for the full system must be available and kept in service. G. INDIVIDUAL WATER SUPPLY 1. Destroy the abandoned well that.is on the parcel under permit issued by the Environmental Health Division (the owner had indicated that the property is connected to a public water supply). TUgI/land/commentfcon/perrymccul lough. up04-17 [EFEB 18'M .0 BUTTE COUNTY • BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Marlene Perry and Kathy McCullough DATE: 1/30/2004 AGENT: FILE #: UP 04-17 APN: 039-540-025 PLANNER: Stephen Betts PROJECT DESCRIPTION: Use Permit to allow a change in a legal nonconforming use. The change would be from a communications business to a preschool Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply, with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel intc the Battalion _ water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. X_ 8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. X_ 9. Provide plans and specifications to the Butte County Fire Marshal to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. Revised 8/13/03RT l�r'%ann y m ke V= LiOi D E Cl 0 W E. JAN 3 0 2004 BUTTE COUNTY PLANNING DIVISION . 4. t. f f Oak mop co . . . . . . . . . . . . . ke V= LiOi D E Cl 0 W E. JAN 3 0 2004 BUTTE COUNTY PLANNING DIVISION . 4.