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HomeMy WebLinkAboutUP 97-03QL)C�l .4- ani �J�� V f `' l V L --- ��-V_tJ u= (J. 'f—bel (i {� b ✓ 1 —la- �s JSLs�-�_ aA �' IA G� (1 GC{S�'S b_ l� ✓l Y�►�o��e'V� 6 y _ �r(� �II�/✓'L l.1/b { D] �►�Lvt�li - - MAIL - .`s ��_� r s . -- r -x-ri r-�=-- �' . _* -r-. �" r _ t � , .♦ Fri � I �,y � 7�f' � � �.�' � F r � � . 1 *.k f ' its ; - a i". , k r � Y: _ — �. — - .— ---- � t--- -- y .. .A - - �� ' , t � r i 4� t-. - � .�. i , } ,-, — CHIEF' ADMINISTRATIVE OFFICE COUNTY OF BUTTE wY V eyTT�e 25 COUNTY CENTER DRIVE MEMBERS OF THE BOARD e e OROVQ.LE, CALIFORNIA 95965-3380 ee` o e Telephone: (916)-538-7631 Fax: (916)-538-7120 R. J. BEELER COUN� JOHN S.BLACKLOCK + CHIEF ADMINISTRATIVE OFFICER November 10, 1997 Theresa E. Burch P.O. Box 3154 Chico, CA 95927 Dear Ms. Burch: r JANE DOLAN MARY ANNE HOUR CURT JOSIASSEN FRED C. DAVIS I have reviewed your recent letter of October 29, 1997, concerning the denial of an appeal for Ms. Shirley Shannon's use permit to operate a bed and breakfast home northeast of Chico. In your letter you requested the Board of Supervisors to conduct two follow-up investigations related to the denied appeal. Conducting such investigations is not a function of the County. If you wish to pursue the investigations I would suggest for you to discuss these matters with your attorney to decide upon an appropriate course of action. Sincerely, J S. Blacklock hief Administrative Officer' -cc: Board of Supervisors County Counsel Development Services Planning Division N O V 1 3 1997 . Oroville, California PROJECT SUMMARY SHEET . ! ..- _.... «-- ADDRESS: 13624 Autumn Lane, Chico, CA 95928 OWNER: Same _ j. ADDRESS: y REPRESENTATIVE: NONE ADDRESS: PROJECT DESCRIPTION: Use Permit to allow a Bed and Breakfast Home with 3 guest rooms in an existing house. PROPERTY ZONED: U LOCATED: At the end of Autumn Lane east of Him 32 approximately 11 miles from Chico AP#: 056-390-029 TOWN/AREA: Chico _ �I GENERAL PLAN DESIGNATION: AG/RESIDENTIAL 1. Application complete: Julv 24, 1996 Amount: S 1288.00 Receipt #: 15528 2. Comments sent to: E.H./ D.S.D./Public Works/CDF/ 3. Comments received from: 4. 5. 6. 7. 8. 9. 10. 11. Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Assigned To: Craig Sanders Environmental Determination: State Clearinghouse No: Subject to Fish & Game: .Q Staff Report: A Project Video: Y Categorical Exemption-CEQA# _3 Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other Clearinghouse circulation required: Yes No V/ Date Sent to SCH: _ Publication Notice Written{. O — a`1�95� Display Ad Prepared: / Notices Mailed: Number of Notices: ! a 12. Newspaper Publication Date: % —5 — 13.. Planning Commission Hearng(s):� Action taken: Special Conditions:' Commission Resolution No. 14. Board of Supervisors' Hearing(s): Action taken: t/Zb/91 i'o•.�� A" trA 3) Ir 1y7 A Board Resolution l�;o.: _ Ordinance No: 15. Type Use Permit/Send for signature: N.O.E. / N.O.D. / APPENDIX G: Send validated Use rermit: Assessor's Meiji. Copy of Use Pe•mit / Variance to Planning Technician: r 1 , Adopted• .__„ Fish & Game Fees Paid: Yes : iu FILE#.: UP 97-03 PROJECT TYPE: Use Permit APPLICANT: Shirley Shannon ADDRESS: 13624 Autumn Lane, Chico, CA 95928 OWNER: Same _ j. ADDRESS: y REPRESENTATIVE: NONE ADDRESS: PROJECT DESCRIPTION: Use Permit to allow a Bed and Breakfast Home with 3 guest rooms in an existing house. PROPERTY ZONED: U LOCATED: At the end of Autumn Lane east of Him 32 approximately 11 miles from Chico AP#: 056-390-029 TOWN/AREA: Chico _ �I GENERAL PLAN DESIGNATION: AG/RESIDENTIAL 1. Application complete: Julv 24, 1996 Amount: S 1288.00 Receipt #: 15528 2. Comments sent to: E.H./ D.S.D./Public Works/CDF/ 3. Comments received from: 4. 5. 6. 7. 8. 9. 10. 11. Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Assigned To: Craig Sanders Environmental Determination: State Clearinghouse No: Subject to Fish & Game: .Q Staff Report: A Project Video: Y Categorical Exemption-CEQA# _3 Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other Clearinghouse circulation required: Yes No V/ Date Sent to SCH: _ Publication Notice Written{. O — a`1�95� Display Ad Prepared: / Notices Mailed: Number of Notices: ! a 12. Newspaper Publication Date: % —5 — 13.. Planning Commission Hearng(s):� Action taken: Special Conditions:' Commission Resolution No. 14. Board of Supervisors' Hearing(s): Action taken: t/Zb/91 i'o•.�� A" trA 3) Ir 1y7 A Board Resolution l�;o.: _ Ordinance No: 15. Type Use Permit/Send for signature: N.O.E. / N.O.D. / APPENDIX G: Send validated Use rermit: Assessor's Meiji. Copy of Use Pe•mit / Variance to Planning Technician: r 1 , Adopted• .__„ Fish & Game Fees Paid: Yes : iu 9 At A HEARING UPON WHICH A PUBLIC HEARING HAS PREVIOUSLY BEEN HELD - Shirley,Shannon -„consideration of.an appeal of the Planning Commissi'on',s'deni'a1 of-aI'use permit (item determined. to be categoricaily exempt:from•environmental review) to , allow a bed `and:.breakfast''home with three guest rooms -.and related activities; including' wedding receptions;” private parties; anniversariles,�and. seasonal events, in `an existing residentiai on 6'.12acres of land zoned "U"-(Unclassified),,''property located.at the end of Autumn Lane"on'the east side,-'6f.Highway*:32,..identified as AP 056-390-029,' 'approximately 11 - mikes - northeast of Chico - 'action requested '-,,,SUBJECT TO ENVIRONMENTAL FINDING A,.: AND,, ZONING 'ORDINANCE FINDINGS A. 1,_ A.2.'AND A.3, MOVE 'TO -DENY THE APPEAL' AND THE USE PERMIT FOR SHIRLEY SHANNON ON AP 056-390-029 TO ALLOW A BED AND BREAKFAST HOME WITH UP`TO THREE GUEST ROOMS. (860) MOTION:- I MAKE ,A _MOTION OF INTENT TO GRANT' THE APPEAL AND *APPROVE THE USE. PERMIT FOR A THREE GUEST -"ROOM BED AND BREAKFAST. M • r S r. VOTE:, 1'Y 2 N 3 N 4 Y.'S N (Motion -.Failed to Carry.) MOTION:;_ �I.MOVE TO ADOPT.' ENVIRONMENTAL FINDING A; ZONING ORDINANCE 'FINDINGS A.1, A.2 AND A.,3, AND TO DENY THE APPEAL AND THE.USE:PERMIT-FOR SHIRLEY SHANNON ON APN 056-390-029'TO ALLOW A BED AND BREAKFAST HOME WITH UP TO THREE GUEST ROOMS. S M VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion Carried) BUTTE COUNTY BOARD_ -OF SUPERVISORS MINUTES - March 11, 1997 97-27 Continued hearing - Shirley Shannon,s- consideration of an appeal of the Planning. Commission's denial of a use permit (item determined to be categorically exempt from environmental review) to allow a bed and breakfast home with three guest rooms and related activities including wedding receptions, -private parties, anniversaries, and seasonal events, in an existing residence on 6.1 acres of land zoned "U" (Unclassified), property located at the end of Autumn Lane on the east side of Highway 32, identified as AP 056-390-029, approximately 11 miles northeast 'of Chico action requested - SUBJECT TO ENVIRONMENTAL FINDING A. AND ZONING ORDINANCE -FINDING A.; MOVE TO APPROVE THE USE PERMIT FOR SHIRLEY SHANNON ON AP 056-390-029 TO ALLOW A BED AND BREAKFAST HOME WITH UP TO THREE GUEST ROOMS, SUBJECT TO CONDITIONS OF APPROVAL 1-7. (2891) (**00) (HEARING CLOSED) 'ti'MOTION: r I :MOVE' FOR -A ZMOTION j'OF-_CINTENT �r TOr"DENY THE APPEA N IN.THE INTEREST OF THE PROTECTION AND i I INTEGRITY"OF).T'HE-•NEIGHBORHOOD~-1 S M VOTE: ":1GY 2 Y.3'Y 9'N' :5'Y (Motion Carried) ^� ._— BOARD OF4SUPERVISORS, MINUTES --January-?8, 1997 December 17, 1996 (6-33S8 Public hearing - Shirley Shannon - consideration of an appeal of the Planning. Commission's denial of a use permit (item determined to be categorically exempt from environmental review) to allow a bed and breakfast home with three guest rooms and related activities including wedding receptions, private parties, anniversaries, and seasonal events, in an existing residence on 6.1 acres -of land zoned "U" (Unclassified), property, located at the end of Autumn Lane on the east side of Highway 32, identified as AP 056-390-029, approximately 11 miles northeast of Chico - action requested SUBJECT TO ENVIRONMENTAL FINDING A. AND ZONING ORDINANCE FINDING A.• MOVE TO APPROVE THE USE PERMIT FOR SHIRLEY SHANNON ON AP 056-390-029 TO ALLOW A BED AND BREAKFAST HOME WITH UP TO THREE GUEST ROOMS, SUBJECT.TO CONDITIONS OF APPROVAL 1-7. (385) (HEARING OPENED AND CONTINUED OPEN TO TUESDAY, JANUARY 28, 1997 AT 10:.30 A.M.) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - December 17, 1996 C. Shirley Shannon - (Item determined to be categorically exempt from environmental review) Use Permit to allow a bed and breakfast home with 3 guest rooms and related activities including wedding receptions, private parties, anniversaries, and seasonal events, in an existing residence on 6.1 acres of land zoned "U" (Unclassified) located at the end of Autumn Lane on the east side of Highway 32, identified as AP 056-390- 029, approximately 11 miles northeast of Chico. (CS) (UP97-03) (re -published and continued from October 10, 1996) i Mr. Sanders said this item was republished for other uses beyond a Bed and Breakfast, such as -parties, celebrations and reunions. The property is located on a private road and there is a concern for impact on the road, but the applicant cannot be required to pay a larger share for, road maintenance. A recommendation is made to limit the size and number of events to limit the impact on the neighborhood. Staff is recommending twelve events per year. The applicant is requested to prepare a plan to support the applicant's statement that there is room for eighty cars to park on the property. ' 4 There was a discussion of the parking spaces available. _ Mr. Sanders said that regarding Condition 8, and noise attenuation, 55 or 60 decibels at the property line is the usual limit. He said that Condition 5;requires notification of the events to the Planning Division. I Commissioner Lambert said that in Section 3, A-1, "any event" should be "each event." Mr. Sanders agreed that would be a better wording. Commissioner Lynch asked what would be considered an "event." Mr. Sanders said it needs to be discussed exactly what would be considered an "event" and if many smaller events would be allowed. i 'I Commissioner Lynch said that the limit on number of events per year on Condition 5 should apply to events of a certain number of people, exempting small gatherings. Commissioner Lambert said that would mean there could be small paid events (in addition to the large events). I Commissioner Cage said the Bed and Breakfast should be distinguished from the events. Mr. Sanders said the Bed and Breakfast portion would have no limit. Commissioner Lynch suggested that Condition 5 should state that events would be considered those events over 30 participants. I I ' HEARING OPEN TO THE PUBLIC Shirley Shannon said that at an unpaid fundraiser approximately 73-74 cars were parked with enough room for a total of 90 cars. She showed an aerial photo indicating the parking areas and the locations of some of the neighbors' houses in relation to Highway 32, which she said is very noisy and would drown out any noise her parties would make. She said the conditions are acceptable. She said the three neighbors who would be most effected by noise, are in the canyon below her deck' and are in support of her request. Commissioner Cage asked how many lanes of traffic come into the parking area. Ms. Shannon said Autumn Lane is quite wide and used to be a runway. Then the road splits and there'is a sfiort' narrower lane to her gate and "Slum Hill Road." At the large events there was not a problem with cars backing up onto Autumn Lane. r BUTTE COUNTY PLANNING COMMISSION MINUTES - November 14, 1996 Commissioner Lambert asked what the intersection at Highway 32 is like, considering holiday events in heavy fog and cars entering and existing safely. Ms. Shannon said there is a wide area at Santos Road. Mr. Sanders said the area at Santos Road has acceleration and deceleration shoulders since it serves the Doe Mill Ridge area. Caltrans may require that on this project, and there is a condition to meet Caltrans requirements. Ms. Shannon said there might be a scenic overlook at the Autumn Lane area. Commissioner Cage asked if someone would be in charge of parking for large events. . c Ms. Shannon said that is correct. She would want access for fire trucks at all times and also would not want her own guests to be blocked. David Kennedy, the attorney for Bev Parks, Bob Waage, Jim and Carol Braziel, Mike Ballou, Guy Downing and James Snidel, said the quiet residential character of the neighborhood should be protected. He objected to the finding of categorical exemption since the staff reports talks about permanently changing the character of the neighborhood. The vehicle trips will be tremendously increased on the private road. Autumn Lane has black ice in the winter and is subject to flooding, and the other neighbors on the road would be subject to liability. Guests drinking and foggy conditions would create a dangerous situation. It is unfair and unreasonable to subject his clients to liability. With the number of proposed guests, there will be increased sewage effluent and impact on Little Chico Creek. He said that the applicant has a Bed and Breakfast Inn not just a Bed and Breakfast.,,. He said the project would impair the integrity of the zone and would be incompatible and injurious to the neighbors. It would not be fair for the neighbors to participate in a road maintenance agreement where they would have to pay more than their share. His clients don't want this Use Permit approved for any of the proposed uses. Autumn Lane is a narrow road and cars must pull over to pass. Overuse of an easement can be grounds for termination. Commissioner Nelson asked if the opposition objects to the Bed and Breakfast as well as the party events. Mr. Kennedy said the Bed and Breakfast is the least objectionable, however it is really a Bed and Breakfast Inn, and his clients are not inclined to be gracious. Jim Braziel submitted an outline of concerns prepared by the neighbors opposing the project, and their attorney, including: increased cost of road maintenance, liability exposure due to a dangerous intersection, fire threat, increased sewage effluent, porta potties, changing the character of the neighborhood and amplified music. He presented some photos of Autumn Lane and described the problems with cars passing. He said that the cost of improving Autumn Lane to County standards would cost a great deal and the neighbors should not have to pay for a commercial use. He felt there would be problems with increased sewage effluent and damage to the creeks. He objected to porta potties. He said the neighbors like privacy and have had increased traffic recently due to the applicant's activities. He thought his own property was part of the advertisement for the Bed and Breakfast. He said there is a high fire danger, which he knows personally due to a bonfire he built which got. out of control and had to be put out by the Fire Department. There could be increased fires dues to catalytic converters on parked cars. The narrow road could cause problems with the fire truck getting in and people getting out in case of a fire. The brush is thick. There are problems with icy roads and fog in the winter. The wide area at Santos Way cannot be used to -access Autumn Lane, which is difficult to find and there is poor sight distance coming down from Forest Ranch. The County would be liable for allowing access onto Highway 32 for a commercial endeavor; and the neighbors would also be liable. If there are four bedrooms being used, the use is actually an Inn which has different requirements. He submitted a copy of a brochure describing available rooms. He said his granddaughter, just over a BUTTE COUNTY PLANNING COMMISSION. -MINUTES - November 14, 1996_ year old, goes down to feed the horses belonging to one of the neighbors. He said there will be problems with liability if someone loses a hand due.to horses. People came onto the property to watch the eclipse of the moon. People ride bicycles on the road. There will be sparks from bonfires and fires from catalytic converters. There is music being played outdoors., Smoking should not be allowed. He felt property values would decrease if there is a commercial use approved. Events which are not commercial are objectionable because they draw in people to the neighborhood. The neighbors want a private quiet place to live, which has been destroyed by the applicant's activities. Mike Ballou, 13595 Autumn Lane, said the Commissioners should look at the dangerous road situation especially at the first corner where the accident occurred. He is opposed to the application. Carol Braziel said she was against buying the property because of the problems of being without electricity or water, but it is worth those inconveniences to live in a pristine environment. The noise of traffic from Highway 32 is buffered by bushes and sounds like ocean waves which adds to the charm of the area. The neighborhood is being ruined and there is exposure to liability due to the proposed use. Guy Downing, 13500 Takara Road, said that Mr. Braziel's eloquent words reflect his own feeling. He has never felt such horrible things or emotions in his life. The Commissioners should protect the residents of the County. James Snidle, 13500 Takara Road, said he gives a lot to the community and works constantly. His restoration is his home. The name of Slum Hill Road was changed to Takara, which means "treasure." Experiencing the delicate ecosystem of the area has been the rejuvenative process which keeps him going. This is the one of the most depressing things that has happened in his life and he is a hospice worker and has dealt with many things. Bob Waage, 13570 Autumn Lane, said the area is rejuvenating and he is opposed to the application. Beverly Parks, 13570 Autumn Lane, said that traffic has increased and her house is right at the corner of Autumn Lane. She and Mr. Waage as well as their dogs, are upset by the noise, since they can hear every car going into Autumn Lane. They like to watch animals and are afraid the peace and solitude will be disrupted and the animals will not come any more. At the eclipse of the moon some people came to their property to set up their telescope which has never happened before and was very upsetting. They are concerned about liability from people wandering onto their property and they might have to erect a fence around their property. They need the privacy and rejuvenating atmosphere of the area in order to deal with stress from their jobs. Her life and stress level and physical well being will be affected and she wants her rights and interests protected. Ms. Shannon said that Mr. Downing runs a large business with lots of traffic which goes through an illegal gate which restricts her access. She submitted some tapes which she said indicate 100 passages through the gate in a 24 hour period. There are UPS trucks which service Downing's business. She also submitted tapes of the noise from the highway which some neighbors are exposed to. She bought the property before she had to retire from the airlines for health reasons. The Villa has 5 bedrooms, of which only 3 are used for guests at any one time. The rooms can be configured in various combinations. There are 4 bathrooms. The house is a "two family residence" and the septic is set up for that purpose. The 25 acres whichare advertised includes 19 acres which she is in the process of buying. Autumn Lane is not wide, but two cars can pass everywhere except by the road sign. The additional acreage will provide new leach area. Mr. Braziel does not cut the weeds on his own property, which is the greatest fire danger in the neighborhood. She cuts the weeds on her own property so there is no fire hazard and will gravel the parking lot simply because of mud. Mr. Braziel is the person who drives fast. One of the guests at the.wine tasting was, frightened by Mr. Braziel's behavior. There are no signs indicating Mr. Braziel's private property. He must love confrontation. The deck of the Villa is tile and there is an oven for roasting pigs and two other ovens and a special location for a bonfire surrounded by cement with a chimney and spark arresters. At the eclipse of the moon she had a private party which had nothing to do with the people on the neighbor's property She has had two commercial T T BUTTE COUNTY PLANNING COMMISSION MINUTES - November 14, 1996 parties, neither of which lasted past eleven o'clock and all other events have been private, including a class reunion party of her own friends and a Sierra Club wine tasting. There is a commercial band which practices in the neighborhood. Mr. Braziel has harassed her because she has an easement of 30'x 60' on the corner of his property. The illegal gate blocks her access. The neighbors have refused to negotiate with her. Her guests have not parked outside her own property. Bicycle riders come because of the new bike trail into the canyon. The wide area at Santos Lane can be used for acceleration and deceleration. Mr. Kennedy said there is no foundation for Ms. Shannon's tape recordings. He asked they not be part of the record. Ms. Shannon is currently operating an illegal commercial business. This should be an enforcement process not a permit process. There is no evidence of a purchase of additional property or evidence that it would support additional leach. If Mr. Downing's gate did not have a building permit, he can obtain one. The gate would not be illegal, but illegally constructed. There is no indication Ms. Shannon has access through the gate. There is a non- exclusive easement across his clients' property, but they don't want to put up private property/no trespassing signs in order not to draw attention to where they live. It is distressful to Mr. Kennedy as a human being that his clients live in a remote area, a fairly exclusive area, of fairly nice houses and fairly large properties and someone will build a parking lot to hold 70 vehicles for a commercial uses. His sense of propriety is offended. If tickets are sold for wine tasting events, there should be permits involved from ABC and the Planning Commission. His clients are not confrontational, they just want to protect their property rights and the essence of their neighborhood. Ms. Shannon submitted a title report for her property and easements. She said her opponents are in a land battle with her over easements and the gate and her forms are being processed for any necessary permits. - HEARING CLOSED TO THE PUBLIC Commissioner Cage was not clear on the location of the property in relation to the other properties, and would like to visit the property. She felt a decision should not be made today due to the amount of information received from the neighbors, and no events should be held until a decision is made. Commissioner Nelson said there are two parts to the request -- the Bed and Breakfast and the Events. He asked what the other Commissioners think about those as appropriate uses. Commissioner Lambert said the use with lesser impact could be chosen, but the neighbors do not seem comfortable with either of the proposed uses. There does not seem.to be compatibility with the neighborhood. Commissioner Nelson said twelve events a year would bother him if he was one of the neighbors in the area. Commissioner Cage felt there was too much conflicting information to make.a decision and she was unable to locate the property by maps provided. Commissioner Nelson thought the use would be inappropriate because of the location and the neighborhood compatibili It was moved by Commissioner Lambert, seconded by Commissioner Nelson, and carried for denial of the Use Permit for Shirley Shannon on AP 056-390-029 by the following vote. AYES: Commissioners Nelson and Lambert, Chairman Seegert NOES: Commissioner Lynch ABSTAIN: Commissioner Cage BUTTE COUNTY PLANNING COMMISSION MINUTES - November,, 4, 1996 '-� Section 1: Environmental Findings. Y - A. The project is exempt from environmental review under the California Environmental Quality Act; and 7 Section 2: Zoning Ordinance Findings. A. The proposed use of the property will impair the integrity and character of the zone in which the land lies, and that the use would 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; and i Section 3: Action. G A. Subject to the findings indicated in Sections 1 and 2 of this report, move to deny the Use Permit - for Shirley Shannon on AN 056-390-029. (Commissioner Lynch left the 'meeting.) r r ,� _ BUTTE COUNTY PLANNING .COMMISSION -MINUTES - November. 14,;..1.9.9.6 – _ rr� B. Shirley Shannon - (Item, determined to be categorically exempt from environmental review) Use Permit to allow a bed and breakfast home with 3 guest rooms.in an existing, residence on 6.1 acres of land Zoned "U" (Unclassified) located at the end of Autumn Lane on the east side of Highway 32, identified as AP 056-390-029, approximately 11 miles northeast of Chico. (CS) (UP97-03) (VIDEO) Mr. Farrel summarized the Agenda Report. He said the applicant may wish to provide for wedding receptions, which was not covered by conditions of the permit and may generate additional traffic. On a similar project in Berry Creek a condition was developed which said that events generating more than a certain number of guests were limited to no more than twelve a year with exemptions possibly granted by the Planning Division. It may be -necessary to continue the'item for readvertizing so the legal notice will encompass the full scope of uses, or the applicant could apply to amend her project at a later date. ` Commissioner Lambert asked if the bed and breakfast is currently in operation. Commissioner Lynch asked if the subdivision has CC&R's. Mr. Farrel did not know if there are CC&R's or if the bed and breakfast is currently in operation. Commissioner Lambert said that if the operation is expanded to include weddings, Caltrans and Public Works might have comments, so the expanded uses should not be considered at today's hearing. Commissioner Lynch asked if there is a left turn lane on Highway 32 at Autumn Lane. Commissioner Cage said there is no left turn lane at that location. Commissioner Lambert said that the Exhibit maps are not entirely accurate. HEARING OPEN TO THE PUBLIC Shirley Shannon said that her statement was prepared for both the bed and breakfast and celebration events. She said the bed and breakfast is currently operating. She has had only one paid event, but a number.of private parties. Commissioner Cage read from a newspaper ad for the bed and breakfast. I Commissioner Lynch said that the item should be continued in order to consider the additional activities which are not part of the original application. Mr. Farrel suggested that the item be advertized for the revised application for a hearing date on November 14, 1996. Ms. Shannon said the bed and breakfast is at the end of Autumn Lane. She agreed the Exhibit map is not accurate. Commissioner Lynch want) d to know if the subdivision has CC&R's. Ms. Shannon asked what are CC&R's. There was an explanation of CC&R's. Ms. Shannon said there are two other roads in addition to Autumn Lane at the location and Highway 32 is straight at the location. - Mr. Farrel said that the project would be readvertized and recirculated for comments. I- .. - - Butte County -Planning Commission Minutes -.September 26, 1996 Commissioner Lambert said that the additional traffic would have to be addressed for the expanded uses. Commissioner Cage asked if sprinklers would be required in new buildings. Commissioner Lambert said the conditions require compliance with fire safe regulations. Commissioner Lynch said there is an existing building, but requirements of CDF must be met. Mr. Farrel said there might be special requirements for a commercial kitchen. David Kennedy was present representing other property owners, including Michael Ballou, Mr: and Mrs. Richard Brazil, and Guy Downing and his partner. He said he would prefer to reserve his comments for the next hearing. He said there were 70 cars on the applicant's property for a Sierra Club wine tasting event, so that is a concern. Another concern is that the three suites can provide up to twenty beds. If all beds are occupied and assuming 4 people to a vehicle, that is 5 vehicles which would make 28 trips per day or 10,220 additional vehicle trips a year potentially. The project is much more than a bed and breakfast. The people in the neighborhood are private and the average house size is 6000 square feet and they seek seclusion. He submitted copies of Ms. Shannon's brochure which he said describes wine tasting, hiking, bonfires, and mountain biking. He wants to know where those activities will take place and has ABC been informed of wine tasting? He wants to know how the impact on the neighbors will be limited. He submitted an aerial map which he said he would submit if it is present at the next hearing. Commissioner Lambert asked if Mr. Kennedy knows about any CC&R's on the subdivision. Mr. Kennedy said he did not know but would find out and he would prepare a position paper and also find out about the road maintenance agreement. Ms. Shannon said that there are six bedrooms in the home. One bedroom is used as a permanent office, and two are very small and are always rented together. The room configuration can be changed around by locking various doors, so it appears on the brochure that there are many rooms to rent, when in fact there are only three. Each combination is named differently depending on which doors are locked. She said she has documentation for an easement right for a 30 x 60 foot square corner of Mr. Brazil's property. The wine tasting event was not a paid event, it was for the benefit of the Sierra Club. She does not believe she needs permission to hold a fund raiser for a club. She like to put on private, parties. She intends to have other fund raisers. She noted the traffic on Autumn Lane is very heavy. Guy Downing has a large business. In less than a 24 hour period over 100 cars went through his gate. His business has many employees. It is not a quiet neighborhood. Also the noise from Highway 32 is very loud from all the houses. People will not be able to hear her activities over the highway noise. HEARING CLOSED TO THE PUBLIC It was moved by Commissioner Lynch, seconded by CommissionerLambert, and carried unanimously to continue the hearing to November 14, 1996 at 9:00 a.m. Butte County Planning Camiission Minutes September -26; 1996 - -- -J DEPARTME.10f OF DEVELOPME4. SERVICES BUTTE COUNTY UNIFORM APPLICATION A-rrium-AiN i: Agent inrormation to De proviaea is on ouier sicle: APPLIPkNT*S NAME If applicant is different from owner an affidavit is required ASSESSOR'S PARCEL NUMBER: 15 H 0 5-4,- 39O 009 ADDRESS: CITY, STATE & ZIP CODE: FFRCEUSh) NAME OF PROPOSED PROJECT If any) TELEPHONE �b IRF (91/6-) 99.2- 0 7-20 LOCATION OF PROJECT ( Major cross streets and Address, if any ) W—WW'W#A OWNER'S NAME TELEPHONE oo, d7olvwlc /V I (% ) 0770 ADDRESS: CITY, STATE & ZIP CODE: q z ZONE GENERAL PLAN EXISTING LAAD USE SITE STILE ( in Square Feet or Acres A& aS62!s6m4L 9 6 n fu D--j- EXISTNG STRUCTURES ( in Square Feet) PROPOSED STRUCTURES (in Square Feet) (Check One) (Check One) [3 PROPERTY IS OR PROPOSED TO BE SEWERED [3 PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER SPROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED [3 GENERAL PLAN AMENDMENT ❑ REZONE USE PERMIT Planning Division [3 MINOR USE PERMIT 0 VARIANCE J U L 13 TENTATIVE PARCEL MAP E3 TENTATIVE SUBDIVISION MAP E3 WAIVER OF PARCEL MAP [3 BOUNDARY LINE MODIFICATION [3 LEGAL LOT DETERMINATION r-1 MINOR VARIANCE uroviiie, California 0 CERTIFICATE OF MERGER Ll ADMI-ND-TRATIVE PERMIT �N-!jNINC-A.,'-IDRr—CLA!vfo,TIC)N PLAN E3 DEVELOPMENT AGREEMENT r-3 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.) BF -D ALL 4e,=.FAkC62T- A:-0JR I -HR, EF S! 0 7-S OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TWdT AND ACCURATE (if an agent is to be authorized, execute an affidavit of authorization and include this P licati DATE: 7 14, / clrx' SIGNATURE: ---T7A . . 174 t�� - - - . - .. . AGENT AUTHORIZATION FORM To Butte County, Department of Development Services; U_ Print Agent Name and Phone Number Mailing Address is hereby authorized to process this application for on my property, identified as Butte County Assesors Parcel Numbers - - - - This authorization allows representation for all applications,hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (Sign and Print Name) Prim Name Print Name Sign== -Architect and/or. Engineer: Signature AGENDA REPORT TO: • Honorable Chair and Planning Commission FROM: Craig Sanders, Senior Planner DATE: November 6, 1996 REQUEST: Use Permit 97-03 for Shirley Shannon - Owner/Applicant: A Use Permit request to allow a bed and breakfast home with 3 guest rooms and related activities including wedding receptions, private parties, anniversaries, and seasonal events, in an existing residence on 6.1 acres of land located at the end of Autumn Lane on the east side of Highway 32, identified as AP 056-390-029, approximately 11 miles northeast of Chico, in a U (Unclassified) zone. Supervisorial District 3. RELATED ITEMS: This item was continued from September 26, 1996. FOR: Planning Commission Meeting of November 14, 1996 SUMMARY: Staff recommends approval of this application subject to the findings and conditions contained herein. PROJECT CHARACTERISTICS: This project is a Use Permit request to allow a bed and breakfast home within an existing residence located on an 6.1 acre parcel at the end of Autumn Lane, just east of Highway 32 approximately 11 miles from Chico, towards Forest Ranch. The property is developed with a 6,000 square foot residence, maintenance shed, and an outbuilding. In addition, there are two 10,000 gallon water tanks on the property. There are approximately 40 fruit trees on-site as well as a section of vineyard. The parcel is situated. on the edge of Little Chico Creek Canyon with approximately half of the parcel on the more level ridge top and half of the parcel having steeper slopes over the canyon edge. The house is located right at the grade break of the canyon edge and the rear of the house faces east towards Little Chico Creek canyon. Water for the residence is obtained from a private well and sewage disposal is accomplished through a septic tank and leach field system. Autumn Lane which provides access to the site from Highway 32, is a paved road approximately 16' to 18' in width. The driveway from Autumn Lane to the house is also paved, ending in a courtyard turn -around area. Adjacent properties range in size from 4 to 20 acres with many parcels in the 5 to 10 acre range. Rural residential land uses are predominate. 0 Butte County Department of Development Services Agenda Report 0 ANALYSIS: The public hearing for this item was continued open to consider several uses that were not in the original application and had not been addressed in the agenda report dated September 9, 1996. The original public hearing was advertized for a three bedroom Bed and Breakfast home. At the September 26th hearing, public testimony and statements from the applicant made it clear that other activities will be occurring on-site. These other activities include weddings, anniversaries, and family reunions; seasonal events such as Christmas parties; and smaller gatherings such as birthdays and club luncheons. 1f• successful; the,facility could have one- or two events each weekend and an event or two during -the. week. -Because of -this -potential, activity and traffic in the neighborhood could be significantly increased. The existing neighborhood is a quiet, residential area. Having 60 to 100 events a year will be inconsistent with the residential character of the surrounding properties. Depending upon the size of the events, staff believes that up to 12 events could be held annually without significantly affecting the residential character of the neighborhood. It should be noted that nothing in the Butte County Code limits the applicant or anyone else from having private parties or offering the use of their home, free of charge, to any group for a meeting or gathering. It is only the commercial use of the site that is being considered at this time. The proposed events have the potential to generate significantly more traffic than the Bed and Breakfast alone would. As was stated in the last report, Autumn Lane is paved. It appears that the road can accommodate some additional traffic though the increase will represent a significant change to the amount the neighborhood currently receives and will change the character of this residential neighborhood. A large event could generate up to 200 to 300 guests. There is not adequate parking for the number of vehicles associated with this number of people. The applicant states that there is room to park up to 90 vehicles on-site, though the site plan submitted does not show this parking. Staff visited the site and has estimated that parking for up to about 50 vehicles is possible given the existing landscaping. Additional parking would be feasible if some landscaping is removed and certain areas leveled. The applicant proposes to use parking attendants during these larger events to insure efficient parking and to prevent guests from parking off-site. Autumn Lane is a private road maintained by all property owners in the area through a road maintenance agreement. Additional traffic generated by this project has the potential to significantly affect road maintenance since the activities on-site will.contribute a disproportionate share of the traffic volume. A large event could generate between 150 and 300 vehicle trips. Since it is a private road and maintenance is via a private road maintenance agreement, surrounding -property -owners will be affected financially for additional road costs. The only two ways to add ress.this-would .be for the applicant toimprove Autumn Lane to County standards and for the County to take over maintenance or for the applicant to negotiate a new maintenance agreement. Additionally, the increased traffic may require changes to the Autumn Lane approach at Highway 32. CalTrans did not comment on the project but the project should be conditioned to meet CalTrans requirements. Approval for unlimited events that can generate significant traffic should not be supported by the County unless the applicant can provide a road maintenance agreement agreed upon by all residents of the area. ❑ 'Butte County Department of Development Services Agenda Report ❑ 2 Additional noise may also be generated by these events. Music and people's voices will be the two most significant sources of noise. The house and outdoor entertaining area face to the east, away from neighboring residences. As situated, the house appears to serve as a partial noise buffer to the adjacent residences, though neighbors have stated that noise from past events can be heard on their property. The applicant has proposed to limit the hours that outdoor music may be played to no later than 9:00 pm Sunday through Thursday and 11:00 pm on Friday and Saturday. Major Holiday events are proposed to last until Midnight. Of course all outdoor events will be subject to the weather and it can be expected that most outdoor events will be during the period of April through October and evening events may be further limited by weather. The events proposed have the potential to significantly impact the existing septic system. The Butte County Environmental Health Division already has concerns that the existing system may not be adequate for the Bed and Breakfast use. Other options are available for limited events in the form of portable toilet facilities. The use of portable facilities has been approved for similar situations. Generally the Butte County Environmental Health Division requires one portable toilet per 100 people. It is doubtful that portable toilets would be considered appropriate for the types of events and gatherings intended. Another option would be to expand the existing system. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. This project qualifies for a categorical exemption to review under CEQA as per Section 15303 (Class 3 exemption), conversion of small structures. PUBLIC NOTICE AND COMMENTS: Due to changes in the project request, this application has been republished and all surrounding property owners re -notified of the hearing. Advertisement of the public hearing was published in a local newspaper and were mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received no public comment. RECOMMENDATION: The proposed uses, unless strictly limited, have the potential to be incompatible with the surrounding neighborhood. Autumn Lane is essentially a cul-de-sac road serving just a few homes. The people living here enjoy a quiet atmosphere. Continual events with associated traffic are not appropriate for the area. Findings can be made that the use of the home as a Bed and Breakfast home with up to three guest rooms is compatible with the neighborhood. With several conditions and strict limitations, limited special events can also be justified. It is recommended that the Planning Commission approve Application No. UP97-03 allowing a -Bed. and. Breakfast home.with up to three guest rooms and related activities including *t, wedding receptions; private. parties -anniversaries' and' seasonal. events, subject to the findings and conditions contained in Exhibit "A". Attachments: A: Vicinity Map B: Site Plan C: Environmental Documents K:\projects\ upc\shannon.up\agenda2.rpt 11 Butte County Department of Development Services Agenda Report 0 • Reviewed and, approved by: zx I ��2z , Willia F rel, Dire for of Development Services • 0 Butte County Department of Development Services Agenda Report 0 • EXHIBIT "A" USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 97-03 PERMIT NO. 056-390-029 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Shirley Shannon is hereby granted a Use Permit in accordance with application filed: 7/24/96 to allow a bed and breakfast home with 3 guest rooms in an existing residence on 6.1 acres located at the end of Autumn Lane, on the east side of Highway 32, zoned "U", approximately 11 miles northeast of Chico. I. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 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 date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 0 Butte County Department of Development Services Agenda Report 0 • • 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. FINDINGS: Section 1: Environmental Findings. A. The project is exempt from environmental review under the California Environmental Quality Act; and Section 2: Zoning Ordinance Findings. A. 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; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Shirley Shannon on AP# 056-390-029 to.allow a bed and breakfast home with up to 3 (three) guest rooms and related activities including wedding receptions, private parties, anniversaries, and seasonal events. Approval shall be subject to the following conditions: B. Conditions of Approval: 1. Applicant must meet Butte County Environmental Health Division requirements for on-site sewage disposal and potable water. This will entail adding to the existing septic system and, because of shallow soils, some investigation of the soils will be needed prior to issuance of installation permits. Portable toilet facilities may be used instead of onsite on-site disposal if approved by the Butte County Environmental Health Division. If used, provide a minimum of 2 portable chemical toilets or 1 toilet per 100 guests, whichever is greater. A written rental agreement/contract for the toilet rental shall be provided to the Planning Division prior to any event requiring portable toilet facilities. 2. Kitchen facilities must be reviewed, approved and permitted by the Butte County Environmental Health Division. 0 Butte County Department of Development Services Agenda Report ❑ M 3. Comply with the applicable requirements of the latest California Fire Safe regulations (PRC 4290) including site address requirements and all other applicable State and County codes, ordinances and regulations. 4. No more than three guest rooms may be provided. 5. Use:of the premises for gatherings, parties, weddings, or other similar activities shall be limited to no more than 6 events per calendar year with a maximum of 125 persons at each event. Notification shall be given to the Planning Division at least 5 days prior to each event. 6. All parking must be provided on site. Prior to issuance of the permit provide a detailed "parking plan showing the number of parking sites available. If parking will be on an unimproved surface, ensure that all vegetation within the parking area has been removed or trimmed to the Fire Department requirements. 7. Meet the requirements of CalTrans, if any, for the Road approach at Autumn Lane and Highway 32. 8. Any! outdoor amplified music shall cease by 9:00 pm, Sunday through Thursday, and 11:00 pm Friday and Saturday. 9. Applicant must also comply, with all other applicable State and local statutes, ordinances and regulations. 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 agree to abide fully by said conditions. Dated: 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: Land Development Division Building Division ❑ Butte County Department of Development Services Agenda Report ❑ 7 • Health Department Department of Forestry 0 Butte County Department of Development Services Agenda Report 0 AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Craig Sanders, Senior Planner DATE: September 9, 1996 REQUEST: Use Permit 97-03 for Shirley Shannon - Owner/Applicant: A Use Permit request to allow a bed and breakfast home with 3 guest rooms in an existing residence on 6.1 acres of land located at the end of Autumn Lane on the. east side of Highway 32, identified as AP 056-390-029, approximately 11 miles northeast of Chico, in a U (Unclassified) zone. Supervisorial District 3. RELATED ITEMS: None FOR: Planning Commission Meeting of September 26, 1996 SUMMARY: Staff recommends approval of this application subject to the findings and conditions contained herein. PROJECT CHARACTERISTICS: This project is a Use Permit request to allow a bed and breakfast home within an existing residence located on an 6.1 acre parcel at the end of Autumn Lane, just east of Highway 32 approximately 11 miles from Chico, towards Forest Ranch. The property is developed with a 6,000 square foot residence, maintenance shed, and an outbuilding. In addition, there are two 10,000 gallon water tanks on the property. There are approximately 40 fruit trees on-site as well as a section of vineyard. The parcel is situated on the edge of Little Chico Creek Canyon with approximately half of the parcel on the more level ridge top and half of the parcel having steeper slopes over the canyon edge. The house is located right at the grade break of the canyon edge and the rear of the house faces east towards Little Chico Creek canyon. Water for the residence is obtained from a private well and sewage disposal is accomplished through a septic tank and leachfield system. Autumn Lane which provides access to the site from Highway 32, is a paved road approximately 16' to 18' in width. The driveway from Autumn Lane to the house is also paved, ending in a courtyard turn -around area. Adjacent properties range in size from 4 to 20 acres with many parcels in the 5 to 10 acre range. Rural residential land uses are predominate. SURROUNDING ZONING, GENERAL PLAN DESIGNATION AND EXISTING LAND USE: 0 Butte County Department of Development Services Agenda Report ❑ • . • Described below are the project and surrounding zoning, general plan land use designation and the existing land uses. Direction Zoning General Plan Existing Land Use Froiect: U Agriculture Residential Rural Residential North: U Agriculture Residential Rural Residential South: U Agriculture Residential Rural Residential East: - U Agriculture Residential Rural Residential West: U, SH Agriculture Residential Rural Residential ANALYSIS: This request will allow the applicant to use an existing residence as a Bed and Breakfast home. As defined by Butte County Code Section 24-305.042, a Bed and Breakfast home is a single family residence that provides up to 3 guest rooms, without individual cooking facilities. The applicant is requesting approval for three guest rooms in an existing 6,000 square foot home. The design of the house is well suited for this request. All three guest rooms will be located in the upper floor of the house while the lower floor provides the eating and entertainment area consisting of a game room and extensive patio area. Two of the guest rooms can be accessed from a separate entrance, thus enhancing privacy for the guests. The only potential conflict this use could have with surrounding properties is traffic. It is expected that the majority of guests will probably be making their stays during the weekend. Since meals will be provided, in and out traffic should be limited, though guests may want to explore the scenic mountain regions up highway 32. At a maximum, it is estimated that the Bed and Breakfast will generate about 18 additional vehicle trips per day. This figure is based on three sets of guests making two entrance and two exit trips per day, as well as two additional trips for a caterer. Autumn Lane receives very little traffic. It is essentially a dead end street serving 8 parcels. Most of the homes are setback from the road a significant distance so local road noise will not be a problem. Highway 32 generates background noise that can be heard from all parcels in the area. Autumn Lane is a private Road maintained by all property owners in the area. The additional traffic generated by this project shouldn't significantly affect the road quality since the road is paved, traffic will consist mainly of passenger vehicles, and will be limited in'volume. Concerns from other departments are as follows: ENVIRONMENTAL HEALTH - The applicant needs to provide information to the Environmental Health Division that the well and septic tank are suitable for the increased use. An expansion of the existing septic system may be required. The kitchen on the premises will have to be inspected to insure that it will meet the Health Department requirements. The applicant has stated all 'meals for guests will be prepared off-site by a caterer, though some minor food preparation may be conducted in the kitchen. 0 Butte County Department of Development Services Agenda Report 0 F4 FIRE DEPARTMENT = The house is located right on the canyon rim, which represents a potentially dangerous fire situation. In order to reduce this hazard the department is requesting that the house meet the California Fire Safe requirements of Public Resources Code 4290 and Butte County Fire Prevention Code. This will require the reduction of fuel material from within 30' of all structures and proper address signing for the property. In addition, both water tanks on site must be fitted with approved drafting connections to allow fire trucks to access the water. PUBLIC WORKS DEPARTMENT - The only comment from Public Works was to meet Cal Trans requirements for the Autumn Lane encroachment. Cal Trans has not commented on the project. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. This project qualifies for a categorical exemption to review under CEQA as per Section 15303 (Class 3 exemption), conversion of small structures. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and were mailed to all property owners within a 300 foot radius of the subject property. As 'of the date of this report we have received no public comment. RECOMMENDATION: Staff recommends that the Planning Commission approve Application No. UP97-03, subject to the findings and conditions contained in Exhibit "A". Attachments: A: Vicinity Map B: Site Plan C: Environmental Documents K:\projects\ upc\shannon. up\agenda.rpt Reviewed and approved by: William FXrel, Director of Development Services 0 Butte .County Department of Development Services Agenda Report o 3 • • EXHIBIT "A" USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 97-03 PERMIT NO. 056-390-029 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Shirley Shannon is hereby granted a Use Permit in accordance with application filed: 7/24/96 to allow a bed and breakfast home with 3 guest rooms in an existing residence on 6.1 acres located at the end of Autumn Lane, on the east side of Highway 32, zoned "U", approximately 11 miles northeast of Chico. Failure to comply with the conditions specified herein as the .basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 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 date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 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 0 Butte County Department of Development Services Agenda Report ❑ 4 assigns of the Permittee. FINDINGS: Section 1: Environmental Findings. A. The project is exempt from environmental review under the California Environmental Quality Act; and Section 2: Zoning Ordinance Findings. A. 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; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Shirley Shannon on AP# 056-390-029 to allow a bed and breakfast home with up to 3 (three) guest rooms. Approval shall be subject to the following conditions: B. Conditions of Approval: 1. Applicant must meet Butte County Environmental Health Division requirements for on-site sewage disposal and potable water. This will entail adding to the existing septic system and, because of shallow soils, some investigation of the soils will be needed prior to issuance of installation permits. 2. Kitchen facilities must be reviewed, approved and permitted by the Butte County Environmental Health Division. 3. Comply with the applicable requirements of the latest California Fire Safe regulations (PRC 4290) including site address requirements and all other applicable State and County codes, ordinances and regulations. 4. No more than three guest rooms may be provided. 5. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 0 Butte County Department of Development Services Agenda Report 0 5 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. Dated: 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: Land Development Division Building Division Health Department Department of Forestry o Butte County Department of Development Services Agenda Report o R SHANNON - 017 Lis S' -39 D -- 02Qi c) -)-a-3 • 121 S N ISN rJ p ,i.� C3S - OSO C H I c� i©22- �0 O2 �V �o TStZl,Z, E. I I _ 0 L --�,o(3 "0 Iq _ O so t'J1zNL6z ,� -2- OS2 OS 7 1. U q-)-01-3 L: 056 390 029 000 STATUS: ACTIVE L: 056 390 026 000 STATUS: ACTIVE i SHANNON SHIRLEY J BALLOU MICHAEL S 13624 AUTUMN LN 13595 AUTUMN LN CHICO CA 95926 CHICO CA 95928 L: 056 390 019 000 STATUS: ACTIVE L: 056 390 028 000 STATUS: ACTIVE GREEN JERE JACOBS WAAGE ROBERT & BEVERLY PARKS JERES INTERIORS 4331 HEDSTROM WAY 13570 AUTUMN LN CHICO CA 95926 CHICO CA 95928 L: 056 390 020 000 STATUS: ACTIVE L: 056 390 030 000 STATUS: ACTIVE BROSE JOHN A & NANCY S BRAZIEL FAMILY TRUST BRAZIEL JAMES H & CAROL J TRUSTEES 4291 TEN MILE HOUSE TRAIL 1074 EAST AVE SUITE L CHICO CA 95928 CHICO CA 95926 L: 056 390 021 000 STATUS: INACTIV L: 063 300 049 000 STATUS: ACTIVE ` s SPEEGLE TERRANCE R & ELIZABETH S JT PURDY RONDA G ETAL 4184 TEN MILE HOUSE TR 13524 AUTUMN LN CHICO CA 95928 CHICO CA 95928 L: 056 390 022 000 STATUS,: ACTIVE L: 063 300 050 000 STATUS: ACTIVE WALDHEIM GEORGE P & CAROL L JT TURNER MARY J TRUST C/O DEPT OF INDUSTRIAL TECHNOLOGY TURNER MARY J TRUSTEE CHICO STATE UNIVERSITY 60 BRENDA DR CHICO CA 95929 CHICO CA 95928 L: 056 390 023 000 STATUS: ACTIVE L: 063 300 051 000 STATUS: ACTIVE HOLCOMBE BRIAN A & LORI SAADATI BAHRAM & SYLVIA JT 1320 SUNSET AVE 995 LUPIN AVE CHICO CA 95926 CHICO CA 95926 L: 056 390 024 000 STATUS: ACTIVE L: 063 300 052 000 STATUS: ACTIVE MARSHALL R LAW CORP PRO SHAR TRUST ETA HERRICK TOMNMY WAYNE ETAL SEALS ROBERT 1350 E LASSEN AVE STE 2 13524 AUTUMN LN CHICO CA 95926 CHICO CA 95926 L: 056 390 025 000 STATUS: ACTIVE L: 063 300 057 000 STATUS: ACTIVE SNIDLE JAMES A ETAL HARRIS MICHAEL A & JANET DOWNING GUY E 13500 TAKARA RD 251 COHASSET RD #100 CHICO CA 95926 CHICO CA 95926 COUNTY OF BUTTE Oroville, California = GENERAL CLAIM CLAIMANT: Shirley Shannon ADDRESS: 13624 Autumn Lane CITY & STATE: Chico, CA 95928 DATE OF CLAIM: March 13, 1997 IMPORTANT. SEE INSTRUCTIONS SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES ON REVERSE SIDE DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT 3-1397 Use Permit, File No. UP' -97-03-1 AP#056-390-029 - REFUND $20. 25 `1 it o kAr-tk 3 S N TOTAL $20. 25 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and t this cl ' true and correct as stateq. Dated this V 7 day of 19_, at Calif. f Claim Sig == 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 PN or SpecificBoard Approval [ ]] (Check /one) foi the same. Dated this day of T 197 , at t / VVI' I Calif.�n Department Hea Authorized Deputy Dept. Code 480001 Exp. Code 4210900 PAYABLE FROM GENERAL FUND Do NOT WRITE BELOW THIS UNE - AUDRoR'S USE ONLY DEPT. & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. Date 08/13/97 Development Services Depart t Time 11:41 am Applicant Billing Worksheet UP 97-03 * Shirley Shannon 13624 Autumn Lane Chico, CA 95928 In reference to : Use Permit, AP#056-390-029 Rounding : None Full Precision : No Last bill / / Last aging Last charge 11/28/96 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 07/15/96 Linda T. / C 0.50 17.00 #9401 Clerical 34:00 07/29/96 Linda T. / C 1.50 51.00 #9466 Clerical. 34.00 07/29/96 Craig S. / P 0.25 14.75 #9503 Processing 59.00 08/12/96 Larry P. / P 2.50 147.50 #9547 Processing 59.00 08/26/96 Lynn R. / C 2.00 90.00 #9727 Clerical 45.00 08/26/96 Craig S. / P 4.00 236.00 #9782 Processing 59.00 09/09/96 Lynn R. / C 0.75 33.75 #9862 Clerical 45.00 09/21/96 Diana S. / C 0.50 17.00 #9971 Clerical 34.00 10/07/96 Lynn R. / C 1.00 45.00 #10001 Clerical 45.00 11/04/96 Diana S. / C 1.00 34.00 #10163 Clerical 34.00. 11/04/96 Lynn R. / C 1.25 56.25 #10192 Clerical 45.00 11/04/96 Craig S. / P 1.50 88.50 #10263 Processing 59.00 Page 1 TOTAL Date 08/13/97 Time 11:41 am UP 97-03 r Development Services De art• t P P Applicant Billing Worksheet :Shirley Shannon (continued) Date/Slip# Description HOURS/RATE 11/18/96 Diana S. / C 2.00 #10298 Clerical 34.00 Page 2 AMOUNT TOTAL 68.00 TOTAL BILLABLE TIME CHARGES 18.75 Date/Slip# Description OTY/PRICE 08/12/96 Teri B. / $C 1 41.40 #9779 Publish Legal Notice in Chico 41.40 Enterprise Record 10/24/96 Teri B. / $C 1 39.60 #10071 Publish Legal Notice in Chico 39.60 Enterprise Record $898.75 TOTAL BILLABLE COSTS $81.00 TOTAL NEW CHARGES $979.75 PAYMENTS/REFUNDS/CREDITS 07/23/96 Deposit -.Receipt #15528 (1,000.00) 08/13/97 Refund/Claim Form to Auditor 20.25 TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE 1Y-Wi.W. i. / TOTAL NEW BALANCE $0.00 MAR -18-97 TUE 14:15 CAPTAIN SHIRLEY SHANNON 916 8920700 P.01 t To Craig Sanders Butte County Planning Division Planning Department -MAR 19 1997 ` Oroville, California 11 a MAR -18-97 TUE 14:17 CAPTAIN SHIRLEY SHANNON 916 8920700 P.01 CJ March 17, 1997 • Butte County Board of Supervisors Jane Dolan, Bob Beeler, Mary Anne Houx, Fared Davis, Curt Josiassen Dear Supervisors, At the time of the hearing concerning a use permit for my bed and breakfast James A. Stevens of NorthStar Engineering spoke on my behalf. The NorthStar Engineering written report was not available at the time. Please see the following report: Sincerely, Shirley Shannon 13624 Autumn Lane Chico, California 95928 MAR -18-97 TUE 14:17 CAPTAIN SHIRLEY SHANNON r�AR-1�-1957 17 i$ FROM � 70 I..•. �.�r:A March 14,, 1997 ENGINEERING Gird Eng�nQer� • Rlannero * iZurve�as Ms. Shirley Shannon 13624 Autumn Lane Chico, CA 95928 RE: Site Development Potential Dear Ms. Shannon: 916 8920700 • 6920700 P.02 .At your request, I have made.a preliminary analysis of the development potential for your site as regards housing a business or other commercial enterprise. I have based my opinion on site visits, records research, and development experience. SITE DESCRIPTION: The 6.1 acre site currently contains an approximately 8000 square foot, six -bedroom split level home with an attached garage and detached maintenance shed and detached outbuilding. The outbuilding lies just west of the home and is currently being utilized as a gymnasium / workout room. The maintenance shed lies north of the home across the entry driveway. There are two - i0,000 gallon water tanks adjacent to the maintenance shed on the east. The entry drive is paved from the entrance to the property and passes the home entry and wraps around the easterly side of the house for access to the garage. A large covered patio and deck face the entire rear of the home. The deck overlooks a small fruit and olive orchard behind the house on the south side. This orchard is lies within a ring of vineyards and olive trees out to the southerly edge of the property. POTENTIAL. USE AND IMPACTS: As you well know, any use other than residential will require a Use Permit from the Butte County Planning Commission. Without proposing a specific use one could foresee a variety of businesses being conducted here. From galleries to guest stays to group homes, there exist several amenities to foster consideration of such opportunities. Generally speaking, a commercial enterprise generates impact which fall into the following typical categories: Traffic and Access Noise Parking Sewage Disposal Fire Hazard .Utility Service I will briefly discuss each of these as they relate to the existing site condition in the attached summary. Sincerly, es A. Stevens 20 DECLARATION DRIVE CHICO, CALIFORNIA 95973 916.893.1600 FAX -893.2113 P.02 MAR -18-97 TUE 14:18 CAPTAIN SHIRLEY SHANNON 916 8920700 P.03 MAR -14-139? 17' 1'3 FROM• TO 6420700 P, 0z • TRAFFIC and ACCESS The site lies approximately 1/4 mile from California State Highway 32 along Autumn Lane. Autumn Lane is a private road and consequently is not constructed to County public road standards. However the road way is paved and in acceptable condition. The road ranges from approximately 25-30 feet wide for the majority of the distance to the site to approximately 18 feet at the entrance to Autumn Lane. This entrance is narrow as there was at one time a gate to the road. However it is set back from Highway 32 approximately 30-40 feet to allow individual passage onto Autumn Lane. It would be fairly easy to widen this entrance should the traffic demands of the business require it. Highway 32 provides more than adequate traffic capacity to within 114 mile of the site. The demands of any proposed use would dictate if any roadway upgrade would be needed. NOISE The noise impacts to any of the neighbor would again depend upon the use and the generated noise. Dr. Albert Beck prepared a noise assessment of potential outdoor music at the site and a copy is enclosed. Uses proposed without outdoor music would obviously have less impact. PARKING The site currently has paved panting for approximately 6 vehicles. it also. has a fairly flat yet unimproved parking area for 60-80 additional vehicles. Should a use be proposed which would require any increase in permanent parking spaces, there is sufficient room on which to consmict the required standard parking spaces. SEWAGE DISPOSAL The existing system was designed to provide acceptable service for a 6 bedroom home. Typically, retail, office, or display oriented uses generate less sewage demand than residential uses. Should the site be remodeled to such a use then the existing system should be adequate to serve such needs. However, should uses be proposed with increased water demand, such as uses involving kitchen facilities, adequacy of septic tank size and leachfield capacity would need to be demonstrated. To date there have been no reports of septic system failures at this site. FIRE HAZARD The site lies within minutes of the CDF Forest Ranch Fire Station_ The entire site has adequate fire engine access. In addition, there exist on site two 10,000 gallon water storage tanks with adequate area for fire engine hook-up. This would require the installation of a fire department compatible valve connection., This water storage availability is fairly unique for residential developments and could easily provide a immediate and substantial water source should any fire suppression be required. Utility Service Electric power is provided by Pacific Gas & Electric Co. to the source via aerial power lines to the site. It is unlikely that any uses contemplated would superceed the power company's ability to serve the site with the existing facilities. MAR -18-97 TUE 14:18 CAPTAIN SHIRLEY SHANNON 916 8920700 P.04 VIRR-14-1997 17; 20 FRut16 TO � 8920700 P.04 �`� SCO-flNR�VSIS 310 B Salem Street • Chico, California 95928 a (916) 342-5991 Fax (916) 342-1553 27 January 1997 NOISE ASSESSMENT OF POTENTIAL OUTDOOR MUSIC AT 13624 AUTUMN LANE, SIX MILES EAST OF CBICO, BUTTE COUNTY, CALIFORNIA Ms. Shirley Shannon requested a review of highway noise and outdoor ampli- fied sound" at her residence on Autumn Lane, approximately 6 miles east of Chico. Autumn Lane is a paved private road, extending eastward from State Route 32 (SR32). I went to this location on 23 January 1997 to measure highway and electroni- cally produced noise at Ms. Shannon's parcel boundaries. The Shannon residence is a split level house on the eastern slope of a minor canyon leading to Little Chico Creek Canyon. The house and outbuildings are separated from the highway by a hill that is approximately 30 feet higher than the upper story of the'Shannon house. Highway noise reaches the house because SR32 curves to the east, and heavy duty truck noise can reach the eastern portion of the house. The types of notice- able oticeable highway noise at the Shannon house are "fake" brake sounds and accelerating decelerating muffler stack noise. Data from noise assessments for other projects along SR32 was used to create Estimated Day Night Noise Level lines (Lox) from traffic along SR32..The primary data sources used were studies generated for homesites within the Humboldt Highlands Subdivision at 14 Mile House, and at portions of Californi.a Park adjacent to the highway. The combination of 'large heavy-duty diesels and other vehicles produced a Lax of 63 dB at 100 feet from the highway and 59 dB at 200 feet from the highway. Homes on the Brazil property were the closest to the highway and would be subject to a Lax of 58 dB. Peak noise events from heavy-duty trucks measured on SR32 were in the 75-80 dB range for decelerating diesels heading down the hill. A single decelerating diesel noted during noise measure- ments at the edge of the terrace of the Shannon residence produced a value of 49.6 dB, Two sound level meters were used to measure ambient and human related noise levels. A CSL Instruments 328 meter was used for measurements on the terrace of Ms. Shannon house, and A GenRad 1565C meter was used for measurements at the property corners. The CEL meter averages noise to produce LIQ levels as well as the peak event and duration of measurements. A calibration check Was made on both meters before leaving and after arriving back in Chico. The fountain on the terrace was turned off and all movement on the terrace stopped to get attempt to get an ambient reading. Wind and creek noise produced value of 45.7 dB, Moving away from the canyon area produced levels below the 30 dB threshold of the meter. MAR -18-97 TUE 14:19 CAPTAIN SHIRLEY SHANNON 916 8920700 P.05 P)PP-14-1997 17:22 FROM TO 8920700 P.03 A jazz record was placed on the stereo and the volume turned up to the speaker on the terrace to produce an initial volume of 82 d8 at three feet, and a noise equivalent level (LIQ) of 68.9db in the gazebo 15 feet away. Measurements were then taken on Takara Drive at the southeast corner of Ms, Shannon's prop- erty, and on the side of the hill at the northwest corner of her property. The values at the southeast corner ranged from 38 to 43 dB, in a'direct line of sight with the terrace edge. Measurements at the northwest corner were between 30 dB and 43 ds, with the later value a result of passing traffic on SR32. After the measurements were made at the property corners, the stored values were recorded from the CEL meter. The peak event on the record was 89.8 dB, with an average (LHQ) of 76.6. A mechanical estimate of the LaQ was made during the same period by noting meter levels every 15 seconds, this method produced a value of 780. CONCLUSIONS The roof, terrace floor extension, gazebo and side walls focus most of the sound energy from the terrace to the equivalent elevation on the opposite wall of the canyon. The 30+dB attenuation to the corners of the property occurred with an empty terrace. If a number of guests were present, there would be a sound absorp- tion factor that could.add up to 10 additional decibels of attenuation. The resultant noise levels, with or without guests does not violate any existing noise regulations of Butte County. Albe Prin, 11 MAR -13-97 THU 14:07 CAPTAIN SHIRLEY SHANNON 916 8920700 P.01 To Fred Davis Butte County Board of Supervisors BOARD OF SUPERVISORS MAR 1 31997 LC. 1 &dIA64 ��►Pe��1.SorS (3.13-cl-1) c - Lt r r-1 cVU * z e 1 U ►ve! c tee �evc I.P n+ t„T �+••►� �tS (3]13Is-). i March 13, 1997 To the Butte County Board of Supervisors Bob Beeler, Jane Dolan, Mary Anne Houx, Curt Josiassen, Fred Davis Dear Supervisors; Since it is apparent that you evaluated the wrong site (some road that winds down into the canyon ... I live up on the ridge) I believe you must re-evaluate the fire hazard on my property. One of the reasons given for denying me a permit for my bed and breakfast was that my site is a fire hazard. If you will take a look at the diagram of my 6.1 acres you will see that it has been carefully laid out with fire in mind. If a fire were to start on my property it would be very unlikely to escape the 6.1 acres because it is almost totally surrounded by either hard top or gravel roads and bare ground created by the placement of the vineyard and orchard. I am a retired airline captain and so have an intense interest in the containment and control of fires. I have taken fire suppression classes annually for the last twenty years. When I first bought this property I had a fire officer come to my property to evaluate and suggest ways of making my property less of a fire hazard. The list which follows will demonstrate to you that I have supplied myself with lots of equipment to deal with fire hazard. -smoke detectors in every major room .... not just hallways -Five fire extinguishers in the house -one fire extinguisher in each vehicle -Three weed -whacking machines -One large towable chemical sprayer for weed suppression (or it could carry water to outlying areas -Two small chemical sprayers which includes a back pack model for weed suppression -500 feet of garden hose -Two 10,000 gallon water tanks (I could have the fire department fit the tanks with the proper connections so this water can be sucked into a fire truck) -My property is exactly ten minutes (driving at the speed limit) from the Forest Ranch fire house and only a short distance off of HW 32. Fire truck access to all parts of the property is excellent -Certain plants are known to have fire retarding capabilities (tike honeysuckle) the house has these varieties intentionally planted close to the walls -A truck for transporting fire fighting equipment -Many water hook-ups all over the property -Hand saw -two chain saws -two shovels -Ax -Pitchfork -Two rakes -Hedge and brush trimmer -Large transportable gas run generator for connecting electrical equipment in outlying areas. -Six large water tubs with handles -Water well -Soil and weed tiller -Alternative water sources: Three large incomplete duck ponds will be finished in two years ... Two 1,000 gallon hot tubs -The walls of the Villa are of Yet thick stucco which is far less flammable then wood. Most of the floors are of red brick which is non-flammable Ladies and gentlemen of the Butte County Board of Supervisors; I will be happy to display all of these items to you if you will make an appointment to visit my pretty green Villa Garden Ridge. Sincerely, Shirley Shannon MAR -13-97 THU 14:09 CAPTAIN SHIRLEY SHANNON 916 8920700 P.06 ago IFw M 1, is �►Q '�►O'� 01,01%mr, mac, 2 IA 9 0 �y MAR -18-97 TUE 14:08 CAPTAIN SHIRLEY SHANNON 916 8920700. P.01 March 17, 1997 Butte County Board of Supervisors Jane Dolan, Bob Beeler, Mary Anne Houx, Fred Davis, Curt Josiassen DearSupervisors; At the time of the hearing concerning a use permit for my bed and breakfast James A. Stevens of NorthStar Engineering spoke on my behalf. The NorthStar Engineering written rem was not available at the time. Please see the following report: Sincerely, Shirley Shannon 13624 Autumn Lane Chico, California 95928 Planning Division MAR 2 d 1997 Oroville, Caiitornia XXA �� MAR -18-97 TUE 14:09 CAPTAIN SHIRLEY SHANNON ,!'If�F°-14-1X57 17! 18 FROM • RXII I March 14, 19W ENGINEERING Civil Engineers • Plan ners , •Surveyors Ms. Shirley Shannon 13624 Autumn Lane Chico, CA 95928 RE: Site Development Potential Dear Ms. Shannon: ►0 916 8920700 • 8920700 F.02 At your request, I have made a preliminary analysis of the development potential for your site as regards 110'using a business or other commercial enterprise. I have based my opinion on site visits, records research, and development experience. SITE DESCRIPTION: The 6.1 acre site currently contains an approximately 6000 square foot, six -bedroom split level home with an attached garage and detached maintenance shed and detached outbuilding. The outbuilding lies just west of the home and is currently being utilized as a gymnasium / workout room. The maintenance shed lies north of the home across the entry driveway. There are two - 10,400 gallon water tanks adjacent to the maintenance shed on the east. The entry drive is paved from the entrance to the property and passes the home entry and wraps around the easterly side of the house for access to the garage. A large covered patio and deck face the entire rear of the home. The deck overlooks a small fruit and olive orchard behind the house on the south side. This orchard is lies within a ring of vineyards and olive trees out to the southerly edge of the property. POTENTIAL USE AND IMPACTS: As you well know, any use other than residential will require a Use Permit from the Butte County Planning Commission. Without proposing a specific use one could foresee a variety of businesses being conducted here. From galleries to guest stays to group homes, there exist several amenities to foster consideration of such opportunities. Generally speaking, a commercial enterprise generates impacts which fall into the following typical categories: Traffic and Access Noise Parking Sewage Disposal Fire Hazard . Utility Service I will briefly discuss each of these as they relate to the existing site condition in the attached summary. Sincerly, �A=s A. Stevens 20 DECLARATION DRIVE CHICO, CALIFORNIA 95973 916-893-1600 FAX -893-2113 P.02 MAR -18-97 TUE 14:10 CAPTAIN SHtRLEY SHANNON 916 8920700 P.03 tif:y14-199? 1?: 19 FROM9 TO • 8920700 P.03 r= TRAFFIC and ACCESS The site lies approximately 114 toile from California State Highway 32 along Autumn Lane. Autumn Lane is - a private road and consequently is not constructed to County public road standards. However the road way is paved and in acceptable condition. The road ranges from approximately 25-30 feet wide for the majority of the distance to the site to approximately 18 feet at the entrance to Autumn Lane. This entrance is narrow as there was at one time a gate to the road. However it is set back from Highway 32 approximately 3"0 feet to allow individual passage onto Autumn Lane. It would be fairly easy to widen this entrance should the traffic demands of the business require it. Highway 32 provides more than adequate traffic capacity to within 114 mile of the site. The demands of any proposed use would dictate if any roadway upgrade would be needed. NOISE The noise impacts to any of the neighbor would again depend upon the use and the generated noise. Dr. Albert Beck prepared a noise assessment of potential outdoor music at the site and a copy is enclosed. uses proposed without outdoor music would obviously have less impact. PARKING The site currently has paved parking for approximately 6 vehicles. It also has a fairly flat yet unimproved parking area for 6480 additional vehicles. Should a use be proposed which would require any increase in permanent parking spaces, there is sufficient room on which to construct the required standard parking spaces. SEWAGE DISPOSAL The existing system was designed to provide acceptable service for a 6 bedroom home. Typically, retail, office, or display oriented uses generate less sewage demand than residential uses. Should the site be remodeled to such a use then the existing system should be adequate to serve such needs. However, should uses be proposed with increased water demand, such as uses involving kitchen facilities, adequacy of septic tank size and leachfield capacity would need to be demonstrated. To date there have been no reports of septic system failures at this.site. FIRE HAZARD The site lies within minutes of the CDF Forest Ranch Fire Station. The entire site has adequate fire engine access. In addition, there exist on site two 10,000 gallon water storage tanks with adequate area for fire engine hook-up. This would require the installation of a fire department compatible valve connection. This water storage availability is fairly unique for residential developments and could easily provide a immediate and substantial water source should any fire suppression be required. Utility Service Electric power is provided by Pacific Gas & Electric Co. to the source via aerial power lines to the site. It is unlikely that any uses contemplated would superceed the power company's ability to serve the site with the existing facilities. MAR -18-97 TUE 14:11 CAPTAIN SHIRLEY SHANNON 916 8920700 P.04 -MAP-14-195? 1720 FROM TO 8920700 P.04 iw a 310 B Salem Street • Chico, Califomia 95928 a (916) 342.5991 Fax (916) 342-1553 27 January 1997 NOISE ASSESSMENT OF POTENTIAL OUTDOOR MUSIC AT 13624 AUTUMN LANE, SIX MILES EAST OF CHICO, BUTTE COUNTY, CALIFORNIA Ms. Shirley Shannon* requested a review of highway noise and outdoor ampli- fied sound at her residence on Autumn Lane, approximately.6 miles east of Chico. Autumn Lane is a paved private road, extending eastward from State Route 32 (SR32). I went to this location on 23 January 1997 to measure highway and electroni- cally produced noise at Ms. Shannon's parcel boundaries. The Shannon residence is a split level house on the eastern slope of a minor canyon leading to Little Chico Creek Canyon. The house and outbuildings are separated from the..highway by a hill that is approximately 30 feet higher than the upper story of the'Shannon house. Highway noise reaches the house because SR32 curves to the east, and heavy duty truck noise can reach the eastern portion of the house. The types of notice- able highway noise at the Shannon house are "fake" brake sounds and accelerating decelerating muffler stack noise. Data from noise assessments for other projects along SR32 was used to create Estimated Day Night Noise Level lines (LoK) from traffic along SR32..The primary data sources used were studies generated for homesites within the Humboldt Highlands Subdivision at 14 Mile House, and at portions of California Park adjacent to the highway. The combination of large heavy-duty diesels and other vehicles produced a Le■ of .63 dB at 100 feet from the highway and 59 dB at 200 feet from the highway. homes on the Brazil property were the closest to the highway and would be subject to a LDe of 58 dB. Peak noise events from heavy-duty trucks measured on SR32 were in the 75-80 dB range for decelerating diesels heading down the hill. A single decelerating diesel noted during noise measure- ments at the edge of the terrace of the Shannon residence produced a value of 49.6 dB. Two sound level meters were used to measure ambient and human related noise levels. A CEL Instruments 328 meter was used for measurements on the terrace of Ms. Shannon house, and A GenRad 1565C meter was used for measurements at the property corners. The CEL meter averages noise to produce L=0 levels as well as the peak event and duration of measurements. A calibration check was made on both meters before leaving and after arriving back in Chico. The fountain on the terrace was turned off and all movement on the terrace stopped to get attempt to get an ambient reading. Hind and creek noise produced a value of 45.7 dB. Moving away from the canyon area produced levels below the 30 dB threshold of the meter. -1$ yzFTvRI"ir 11:22 FOM L� TO Sao v�cn rvv r 8920700 P.05 • A jazz record was placed on the stereo and the volume turned up to the speaker on the terrace to produce an initial volume of 82 dB at three feet, and a noise equivalent level (4 0 of 68.9db in the gazebo 15 feet away. Measurements were then taken on Takara Drive at the southeast corner of Ms. Shannon's prop- erty, and on the side of the hill at the northwest corner of her property. The values at the southeast corner ranged from 38 to 43 dB, in a direct line of sight with the terrace edge. Measurements at the northwest corner were between 30 dB and 43 dB, *with the later value a result of passing traffic on SR32. After the measurements were made at the property corners, the stored values were recorded from the CEL meter. The peak event on the record was 89.8 dB, with an average (Lig) of 76.6. A mechanical estimate of the Lso was made during the same period. by noting meter levels every 1S seconds. this method produced a, value of 78d&' CONCLUSIONS The roof, terrace floor extension, gazebo and side walls focus most of the sound energy from the terrace to the equivalent elevation on the opposite wall of the canyon. The 30+dB attenuation to the corners of the property occurred with an empty terrace. If a number of guests were present, there would be a sound absorp- tion factor that could add up to 10 additional decibels of attenuation. The resultant noise levels, with or without guests does not violate any existing noise regulations of Butte County. Alber Princ lyst MAR -12-97 WED 11:53'ICAPTAIN SHIRLEY SHANNON 916 8920700 P.03 w I I I To Craig Sanders y Butte County.Planning Division 1' I s i iR Planning Department MAR 13 1991 orovajia, California I I. i W z O �. z Z a w w J z Z C ;IIS H O a O a U M N LC .r A f 3a 2 10.22 .AC 556.11 A? -1 31 9 6AC. k LN CO l x� PM -52-25 29 3 r 450.16 PJW 79 323 25Z71 2 �q 5.42 A 32.1255 3.251, T- AK- 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 March 13, 1997 Shirley Shannon 13624 Autumn Lane Chico, CA 95928 RE: USE PERMIT, AP#056-390-029 File No. UP 97-03 Dear Ms. Shannon: The total cost for the processing of the above -referenced application which was denied by the Board of Supervisors on March 11, 1997, is $979.75. Please sign, date, and return the enclosed claim forms to this office. Once we receive the claim form, we will then process your refund in the amount of $20.25. Professional Planner Clerical Legal Notice in the Chico Enterprise Record on August 12, 1996 Legal Notice in the Chico Enterprise Record on October 24, 1996 Total I Deposit on July 23, 1996, Receipt No. 15528 Refund Due $ 486.75 $ 412.00 $ 41.40 $ 39.60 1 $ 979.75 $1,000.00 $ 20.25 Should you have any questions, please call Brian Larsen Monday through Thursday, between 8:00 a.m. and 4:00 p.m. Sincerely, V1/Vk_L_. A- 4F o R % Thomas A. Parilo Director of Development Services TAP:jb Enclosure CLAIMANT: ADDRESS: CITY & STATE: DATE OF CLAIM: 0 Shirley Shannon COUNTY OF BUTTE • Oroville, California GENERAL CLAIM 13624 Autumn Lane Chico, CA 95928 March 13, 1997 IMPORTANT.• SEE INSTRUCTIONS SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES ON REVERSE SIDE DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT 3-13-97 Use Permit, File No. UP 97.03, AP#056-390-029 - REFUND $20. 25 TOTAL $20. 25 40 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and correct as stated. Dated this day of 19_, at Calif. Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget Appropriation [)OC) or Specific Board Approval [ j (Check one) for the same. Dated this day of 19 , at Calif. Department Head or Authorized Deputy Dept. Code 480-001 Exp. Code 4210900 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE - AUDITOR'S USE ONLY DEPT. & SUB. PROD. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. r Date.O3/12/97 Development Services Department Time -9:47 am Applicant Billing Worksheet UP 97-03 * Shirley Shannon 13624 Autumn Lane Chico, CA 95928 In reference to : Use Permit, AP#056-390-029 Rounding : None Full Precision : No Last bill / / Last aging Last charge 11/28/96 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 07/15/96 Linda T. / C 0.50 17.00 #9401 Clerical 34.00 07/29/96 Linda T. / C 1.50 51.00 #9466 Clerical 34.00 07/29/96 Craig S. / P 0.25 14.75 #9503 Processing 59.00 08/12/96 Larry P. / P 2.50 147.50 #9547 Processing 59.00 08/26/96 Lynn R. / C 2.00 90.00 #9727 Clerical 45.00 08/26/96 Craig S. / P 4.00 236.00 #9782 Processing 59.00 09/09/96 Lynn R. / C 0.75 33.75 #9862 Clerical 45.00 09/21/96 Diana S. / C 0.50 17.00 #9971 Clerical 34.00 10/07/96 Lynn R. / C 1.00 .45.00 #10001 Clerical 45.00 11/04/96'Diana S. / C 1.00 34.00 #10163 Clerical 34.00 11/04/96 Lynn R. / C 1.25 56.25 #10192 Clerical 45.00 11/04/96 Craig S. / P 1.50 88.50- 8.50#10263 #10263 Processing 59.00 Page 1 TOTAL Date 03/12/97 Development Services Department Time;,9:47 am Applicant Billing Worksheet UP 97-03 * :Shirley Shannon (continued) Date/Slip# Description HOURS/RATE 11/18/96 Diana S. / C 2.00 #10298 Clerical 34.00 AMOUNT 68.00 Page 2 TOTAL TOTAL BILLABLE TIME CHARGES 18.75 $898.75 Date/Slip# Description OTY/PRICE 08/12/96 Teri B. / $C 1 41.40 #9779 Publish Legal Notice in Chico 41.40 Enterprise Record 10/24/96 Teri B. / $C 1 39.60 #10071 Publish Legal Notice in Chico 39.60 Enterprise Record TOTAL BILLABLE COSTS $81.00 TOTAL NEW CHARGES $979.75 PAYMENTS/REFUNDS/CREDITS 07/23/96 Deposit - Receipt #15528 (1,000.00) TOTAL PAYMENTS/REFUNDS/CREDITS ($1,000.00) NEW BALANCE New Current period (20.25) TOTAL NEW BALANCE ($20.25) ,Date 03/12/97 Develbpment Services Departent Time 8:19 am Applicant Billing Worksheet Page 1 APL 97-02 * Shirley Shannon 13624 Autumn Lane Chico, CA 95928 In reference to : Appeal of UP No. 97-03 Rounding : None Full Precision : No Last bill / / Last aging Last charge 03/20/9.7 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 11/21/96 Administration / A 1.00 75.00 #10269 Clerk of the Board - Set Hearing & 75.00 Publishing Fee 12/02/96 Lynn R. / C 3.00 135.00 #10377 Clerical 45.00 12/30/96 Lynn R. / C 0.25 11.25 #10608 Clerical 45.00 01/13/97 Craig S. / P 4.00 236.00 #10749 Processing 59.00 01/27/97 Craig S. / P 2.00 118.00 #10781 Processing 59.00 01/27/97 Lynn R. / C 0.25 11.25 #10810 Clerical 45.00 02/10/97 Craig S. / P 0.50 29.50 #10971 Processing 59.00 03/10/97 Lynn R. / C 0.25 11.25 #11109 Clerical 45.00 03/10/97 Craig S. / P 1.00 59.00 #11110 Processing 59.00 TOTAL BILLABLE TIME CHARGES 12.25 $686.25 Date 03/12/97 Development Services Depar ment Time 8:19 am Applicant Billing Worksheet Page 2 APL 97-02 * :Shirley Shannon (continued) TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $686.25 PAYMENTS/REFUNDS/CREDITS 11/21/96 Deposit - Receipt #207036 (250.00) TOTAL PAYMENTS/REFUNDS/CREDITS ($250.00) NEW BALANCE New Current period TOTAL NEW BALANCE 436.25 $436.25 AGENDA REPORT TO: Honorable Chair and Board of Supervisors FROM: Craig Sanders, Senior Planner DATE: February 27, 1997 REQUEST: Appeal of Planning Commission action for Use Permit 97-03, Shirley Shannon : An appeal of a Planning Commission action to deny a Use Permit request to allow a bed and breakfast home with 3 guest rooms and related activities including wedding receptions, private parties, anniversaries, and seasonal events, in an existing residence on 6.1 acres of land located at the end of Autumn Lane on the east side of Highway 32, identified as AP 056-390-029, approximately 11 miles northeast of Chico, in a U (Unclassified) zone. Supervisorial District 3. (API -91-02) RELATED ITEMS: None FOR: Board of Supervisors meeting of March 11, 1997 SUMMARY: Attached are findings necessary to take final action on a motion of intent made at the Board's January 28, 1997 hearing. The motion was to deny the appeal and uphold the Planning Commission action to deny a Use Permit to allow a 3 bedroom bed and breakfast facility. K:\projects\ upc\shannon.up\findings.rpt ❑ Butte County Department of Development Services Agenda Report ❑ 1 FINDINGS: Section 1: Environmental Findings. A. The project is exempt from environmental review under the California Environmental Quality Act; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will impair the integrity and character.of the zone in which the land lies, and that the use would be unreasonably incompatible with, and injurious to, surrounding property, and detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood, and to the general health, welfare and safety of the County because: The proposed site is located in a high fire hazard area. The proposed use and associated activities will bring people to the area who are not familiar with the fire hazard thereby increasing the risk of fire, with the potential of causing damage to the site and surrounding property. 2 The access road the to the site is a privately maintained road that is not suited to accommodate the anticipated traffic. A portion of the road is very narrow as well as being subject to adverse road conditions due to weather and the anticipated traffic including motorists not familiar with these conditions would increase the possibility of accidents. 3. The primary activities associated with the bed and breakfast would occur on the weekends, the same time that area residents expect to be able to enjoy their neighborhood. This influx of the public to this private neighborhood will adversely impact the quiet character of the area, affecting residents' peaceful enjoyment of their property. Section 3: Action. A.. Subject to the findings indicated in Sections 1 and 2 of this report, move to deny the appeal and the Use Permit for Shirley Shannon on AP# 056-390-029 to allow a bed and breakfast home with up to 3 (three) guest rooms. ❑ Butte County Department of Development Services Agenda Report ❑ 2 t sizes of this proposed subdivision do not conform minimum lot area requirement of the A-20 zoning tied in Butte County Code -Section 24-78 (c) and subject property. 5 zoning designation does not apply to this proposed but even if A-5 zoning were applicable, the project still F approved because. said A-5 zoning is not consistent with the , as required by Government Code Section 65860, due to y with the zoning factors identified in the General Plan ent designations of Orchard and Field Crops and Low Density ;retial, and with text policies found -at pages 46, 50 and 30, as sed at pages 4.5-2 and 4.5-4 of the EIR, (copies of which EIR are attached hereto in Exhibit -A and incorporated herein by this nce) and because: a. Predominate parcel sizes immediately adjacent to the subject property are greater than 10 -acres in size both within the area previously designated Orchard and Field Crops and within the area previously designated Low Density Residential, as depicted on that certain map dated February 22, 1993 and entitled "Existing Parcel Sizes." b. The property is within the vicinity of the .Durham urban boundaries, but not adjacent to urban densities, and intensive agricultural operations occur between the Metzger property and the said urban boundaries, as specified more fully in Finding 3 above, which Finding is incorporated herein by this reference. C. The agricultural production on 5 -acre parcels would be significantly .impaired, and would impair neighboring agricultural operations, as specified more fully in Finding 3 above, which finding is incorporated herein by this reference. d. The A-5 zoning designation is not listed on page 50 of the Land Use Element as a "consistent zone" within the Low. Density Residential Land Use designation. Finding 11. Consideration of Findings. �� I The Board of Supervisors has c sidered the totality of the above findings in determin' o deny this project but further finds that each of the above finding is sufficient in and of itself to require denial of a proje t. 13 cleter� t__ e4k � Ar yslca Z1? �h� ten- s�. - apprnl. Wl�✓ `� �( �N ► � u w CkA.\. W k l 1:411`411-1\ AGENDA REPORT • TO: Honorable Chair and Board of Supervisors FROM: Craig Sanders, Senior Planner DATE: December 9, 1996 REQUEST: Appeal of Planning Commission action for Use Permit 97-03, Shirley Shannon : An appeal of a Planning Commission action to deny a Use Permit request to allow a bed and breakfast home with 3 guest rooms and related activities including wedding receptions, private parties, anniversaries, and seasonal events, in an existing residence on 6.1 acres of land located at the end of Autumn Lane on the east side of Highway 32, identified as AP 056-390-029, approximately 11 miles northeast of Chico, in a U (Unclassified) zone. Supervisorial District 3. (APL97-02) RELATED ITEMS: None FOR: Board of Supervisors meeting of December 17, 1996 SUMMARY: Staff recommends that the Board uphold the appeal and approve a revised use permit subject to the findings and conditions contained in exhibit "A". ANALYSIS: This project is an appeal of a Butte County Planning Commission action taken on November 14, 1996. The appeal is made pursuant to Butte County Code section 24-45.30 and as such is a "de novo" hearing. All applications, papers, maps, exhibits, and staff recommendations presented to the Planning Commission may be considered by the Board in reaching a decision. The project before the Planning Commission was a Use Permit request to allow a three bedroom Bed and Breakfast home within an existing residence situated on an 6.1 acre parcel at the end of Autumn Lane, just east of Highway 32 approximately 11 miles east of Chico. The house is approximately 6,000 square feet in size and there are two accessory structures on site. In addition, there are two 10,000 gallon water tanks on the property. The Planning Commission held two public hearings on this project. The first hearing on September 26 was advertized strictly for a three bedroom Bed and Breakfast home. Public testimony and statements from the applicant made it clear that other activities would be occurring on-site and the hearing was continued for re -publishing and additional analysis. The other activities include weddings, anniversaries, and family reunions; seasonal events such as Christmas parties; and smaller gatherings such as birthdays and club luncheons. The continued hearing on November 14, 1996 generated a significant amount of public testimony, including several exhibits. Several neighbors and an attorney retained by D Butte County Department of Development Services Agenda Report D • neighborhood residents spoke at length against the proposed project. All cited the following issues as compelling reasons to deny the request: Noise - The applicant proposes to have several outdoor events each year. Many may include amplified music. As stipulated in the agenda report dated November 6, a limit of 12 events would be imposed. The applicant agreed to limit the hours of outdoor music to no later than 9:00 pm for events held Sunday through Thursday and no later than 11:00 pm for Friday and Saturday events.. The applicant has stated the music from her events is no louder than the traffic noise the residents in the area receive from Hwy 32. Residents stated that past events on the site have generated loud music that disturbs the peaceful environment of their neighborhood and the noise from Hwy 32 is buffered by shrubbery and sounds like ocean waves, adding charm to the area. Traffic, road hazards, personal liability - Events with up to 125 people could generate up to 150 vehicle trips, 75 in and 75 out. This estimate is based on an average of 2 people per vehicle (63 trips) plus related catering vehicles (12 trips). Again this would occur on a limited basis. The Bed and Breakfast will generate a maximum of about 18 trips per day. This is based on having three guests making two trips in and out each day along with two to four trips each day for caterers. Area residents cited the following traffic concerns: 1. Increased eoad maintenance costs. Autumn Lane is a private road and is privately maintained. Increased traffic will deteriorate the road and the cost will have to be borne by all residents. 2. Road hazards. Autumn Lane often becomes icy in the winter. Area residents are aware of this condition and prepare for it, outsiders are not. Residents stated that Autumn Lane is very narrow and steep and can not accommodate the increased traffic. Resident also fee there is poor sight distance on Hwy 32, especially to the east. There will be an increased potential for accidents. 3. Liability. Alcohol will be served at many of the functions held on-site. Residents are concerned over potential accidents on Autumn Lane or at the intersection of Autumn Lane and Hwy. 32 and their liability given the private road status of Autumn Lane. The concern over trespassing was also raised including the potential for injury from horses on neighbors property. - 4. Noise. Some residents were concerned about traffic noise coming up Autumn Lane, particularly through the steeper section where automobiles change gears. Sewage Disposal - Soils in this area are typically shallow and underlain by impervious lava cap. Sewage disposal capacity is limited. The applicant has already been informed that the Bed and Breakfast use may require additional leachfield area. The existing septic system is probably not suitable to accommodate the large gatherings. The applicant has stated she is in the process 0 Butte County Department of Development Services Agenda Report o 2 of acquiring an adjacent 19 acre parcel that has an area that can be used to expand her existing septic system. Staff also offered a solution that has been used elsewhere in the County for similar situations, porta potties. These temporary facilities could be brought in strictly for the large events. Residents expressed concerns regarding the existing septic system and opposed seeing porta potties in their neighborhood. Fire Hazards - Area residents expressed concerns regarding in influx of people to the. area ignorant of the fire hazards in foothills and that these people are more likely to throw out lighted cigarettes or park their cars over dry weeds. The applicant proposes to allow parking on an unimproved portion of the parcel that could potentially represent a fire hazard. The fire hazard would be eliminated by keeping the vegetation cut. In addition, the applicant has two 10,000 gallon water tanks on-site for fire protection. Incompatibility with the existing neighborhood - Based on the above concerns, area residents strongly feel that all of the proposed uses are incompatible with the area. Many neighbors expressed that their homes and property provides for them a private and a rejuvenating atmosphere where they can relieve their daily stresses and this will be lost by the intrusion of outside people. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. This project qualifies for a categorical exemption to review under CEQA as per Section 15303 (Class 3 exemption), conversion of small structures. PUBLIC NOTICE AND COMMENTS:. Advertisement of the public hearing was published in a local newspaper and were mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: The proposed uses, unless strictly limited, have the potential to be incompatible with the surrounding neighborhood. Autumn Lane is essentially a cul-de-sac road serving just a few homes. The people living here enjoy a quiet atmosphere. Continual events with associated traffic are not appropriate for the area. Planning staff recommended that the Planning Commission approve the project for a three bedroom bed and Breakfast and also allowing up to 12 special events (weddings, anniversaries, etc.)per year. Each event having a 125 person limit on the number of guests. Several other conditions were recommended (see Planning Commission agenda report of dated November 6, 1996). After hearing the vehement opposition to this request, particularly towards the larger events, staff recommends that the Board consider approving the project strictly for the bed and breakfast use. This would limit the applicant to providing no more than three separate lodging facilities at any 0 Butte County Department of Development Services Agenda Report ❑ time. Due to the configuration of the house, the size of the lodging area may vary depending upon the desire of the guests. Staff believes findings can be made that the use of the home as a Bed and Breakfast home with up to three guest rooms is compatible with the neighborhood. The basis for this finding is that by limiting the use to only three guest bedrooms the traffic and number of people coming to the site will be significantly reduced and will not be more than other uses allowed in the zone. Those uses include a wide range of home occupations; day care facilities for up to 6 children; community care facilities for the elderly, mentally disordered, handicapped, neglected children, recovering drug users and alcoholics, or other facilities providing services for up to 6 persons as mandated. by the State of California. Proposed findings and conditions are contained in attached exhibit "A". Attachments: A: P.C. minutes 11/14/96 B: Agenda report 11/6/96 C: P.C. minutes 9/26/96 D: Agenda report 9/9/96 E: Letters from 11/14/96 meeting F: Letter from applicant 10/14/96 G: Site Plan K:\projects\ upc\shannon.up\agendabd.rpt 0 Butte County Department of Development Services Agenda Report 0 4 EXHIBIT "A" USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 97-03 PERMIT NO. . 056-390-029 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Shirley Shannon is hereby granted a Use Permit in accordance with application filed: 7/24/96 to allow a bed and breakfast home with 3 guest rooms in an existing residence on 6.1 acres located at the end of Autumn Lane, on the east side of Highway 32, zoned "U", approximately 11 miles northeast of Chico. Failure to comply with the conditionsspecified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 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 date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 0 Butte County Department of Development Services Agenda Report 0 5 L� 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: FINDINGS: Section 1: Environmental Findings.. A. The project is exempt from environmental review under the California Environmental Quality Act; and Section 2: Zoning Ordinance Findings. A. 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 the proposed use is similar in intensity to other permitted uses in the zone including home occupations and various types of community care facilities; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Shirley Shannon on AP# 056-390-029 to allow a bed and breakfast home with up to 3 (three) guest rooms, subject to the following conditions: B. Conditions of Approval: 1. Applicant must meet Butte County Environmental Health Division requirements for on-site sewage disposal and potable water. This may entail adding to the existing septic system and, because of shallow soils, some investigation of the soils will be needed prior to issuance of installation permits. 2. Kitchen facilities must be reviewed, approved and permitted by the Butte County Environmental Health Division. 3. Comply with the applicable requirements of the latest California Fire Safe regulations (PRC 4290) including site address requirements and all other applicable State and County codes, ordinances and regulations. 4. No more than three guest rooms/suites may be provided. ❑ Butte County Department of Development Services Agenda Report ❑ R 5. All parking must be provided on site. 6. Meet the requirements of CalTrans, if any, for the Road approach at Autumn Lane and Highway 32. 7. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 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. Dated: 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: Land Development Division Building Division Health Department Department of Forestry ❑ Butte County Department of Development Services Agenda Report ❑ 7 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 March 11, 1997 Shirley Shannon 13624 Autumn Lane Chico, CA 95928 Re: Use Permit, APL97-02, AP 056-390-029 Dear Ms. Shannon: At the regular meeting of the Butte County Board of Supervisors held March 11, 1997, your appeal of the Planning Commission's denial of Use Permit to allow a bed and breakfast home with related activities on property zone "U" located at the end of Autumn Lane, Chico, was denied. Should you have any questions regarding this matter, please contact this Department. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant /Ir cc: David Kennedy utte fount PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 March 5, 1997 Shirley Shannon 624 Autumn Lane Chico, CA 95928 Re: Use Permit, AP 056-390-029, APL97-02 Dear Ms. Shannon: The Clerk of the Board of Supervisors set the final public hearing for March 11, 1997 to consider your appeal of the Planning Commission's denial of a Use Permit to allow a bed and breakfast home with related activities on property zoned "U" located approximately 11 miles northeast of Chico. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California and is scheduled to begin at 9:00 a.m. Should you have any questions regarding this matter, please contact this Department. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant /Ir cc: David Kennedy • AGENDA REPORT TO: Honorable Chair and Board of Supervisors FROM: Craig Sanders, Senior Planner DATE: February 27, 1997 • REQUEST: Appeal of Planning Commission action for Use Permit 97-03, Shirley Shannon : An appeal of a Planning Commission action to deny a Use Permit request to allow a bed and breakfast home with 3 guest rooms and related activities including wedding receptions, private parties, anniversaries, and seasonal events, in an existing residence on 6.1 acres of land located at the end of Autumn Lane on the east side of Highway 32, identified as AP 056-390-029, approximately 11 miles northeast of Chico, in a U (Unclassified) zone. Supervisorial District 3. (APL97-02) RELATED ITEMS: None FOR: Board of Supervisors meeting of March 11, 1997 SUMMARY: Attached are findings necessary to take final action on a motion of intent made at the Board's January 28, 1997 hearing. The motion was to deny the appeal and uphold the Planning Commission action to deny a Use Permit to allow a 3 bedroom bed and breakfast facility. K:\projects\ upc\shannon.up\findings.rpt 0 Butte County Department of Development Services Agenda Report 0 EXHIBIT "A" FINDINGS: Section 1: Environmental. Findings. A. The project is exempt from environmental review under the California Environmental Quality Act; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will impair the integrity and character of the zone in which the land lies, and that the use would be unreasonably incompatible with, and injurious to, surrounding property, and detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood, and to the general health, welfare and safety of the County because: The proposed site is located in a high fire hazard area. The proposed use and associated activities will bring people to the area who are not familiar with the fire hazard thereby increasing the risk of fire, with the potential of causing damage to the site and surrounding property. 2 The access road the to the site is a privately maintained road that is not suited to accommodate the anticipated traffic. A portion of the road is very narrow as well as being subject to adverse road conditions due to weather and the anticipated traffic including motorists not familiar with these conditions would increase the possibility of accidents. 3. The primary activities associated with the bed and breakfast would occur on- the weekends, the same time that area residents expect to be able to enjoy their neighborhood. This influx of the public to this private neighborhood will adversely impact the quiet character of the area, affecting residents' peaceful enjoyment of their property. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to deny the appeal and the Use Permit for Shirley Shannon on AP# 056-390-029 to allow a bed and breakfast home with up to 3 (three) guest rooms. ❑ Butte County Department of Development Services Agenda Report ❑ 2' ................... Co ;,•i D OF iiNATl)RAL \N EALT1-1 AMD BEAU T PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 January 28, 1997 Shirley Shannon 624 Autumn Lane Chico, CA 95928 Re: Use Permit, AP 056-390-029, APL97-02 Dear Mrs. Shannon: At their regular meeting held January 28, 1997, the Butte County Board of Supervisors passed a Motion of Intent to uphold the appeal and deny your request for a Use Permit to allow a bend and breakfast home with related activities on property zoned "U" located approximately 11 miles northeast of Chico. You will be notified of the date and time of the final meeting. Should you have any questions regarding this matter, please contact Craig Sanders, at 538-7601, Monday through Thursday, between 8:00 a.m. and 4:00 p.m.. Sincerely, �/t S�'� Craig Sanders Senior Planner CS:lr cc: David Kennedy • �`� SCO-flNfl�VS1S 7- 310 B Salem Street • Chico, Califomia 95928 • (916) 342-5991 Fax (916) 342-1553 27 January 1997 NOISE ASSESSMENT OF POTENTIAL OUTDOOR MUSIC AT 13624 AUTUMN LANE, SI% MILES EAST OF CHICO, BUTTE COUNTY, CALIFORNIA . Ms. Shirley Shannon requested a review of highway noise and outdoor ampli- fied sound at her residence on Autumn Lane, approximately 6 miles east of Chico. Autumn Lane is a paved private road, extending eastward from State Route 32 (SR32). I went to this location on 23 January 1997 to measure highway and electroni- cally produced noise at Ms. Shannon's parcel boundaries. The Shannon residence is a split level house on the eastern slope of a minor canyon leading to Little Chico Creek Canyon. The house and outbuildings are separated from the highway by a hill that is approximately 30 feet higher than the upper story of the'Shannon house. Highway noise reaches the house because SR32 curves to the east, and heavy duty truck noise can reach the eastern portion of the house. The types of notice- able highway noise at the Shannon house are "jake" brake sounds and accelerating decelerating muffler stack noise. Data from noise assessments for other projects along SR32 was used to create Estimated Day Night Noise Level lines (LDH) from traffic along SR32. The primary data sources used were studies generated for homesites within the Humboldt Highlands Subdivision at 14 Mile House, and at portions of California Park adjacent to the highway. The combination of large heavy-duty diesels and other vehicles produced a LDN of 63 dB at 100 feet from the highway and 59 dB at 200 feet from the highway. Homes on the Brazil property were the closest to the highway and would be subject to a LDN of 58 dB. Peak noise events from heavy-duty trucks measured on SR32 were in the 75-80 dB range for decelerating diesels heading down the hill. A single decelerating diesel noted during noise measure- ments at the edge of the terrace of the Shannon residence produced a value of 49.6 dB. Two sound level meters were used to measure ambient and human related noise levels. A CEL Instruments 328 meter was used for measurements on the terrace of. Ms. Shannon house, and A GenRad 1565C meter was used for measurements at -the property corners. The CEL meter averages noise to produce L$Q levels as well as the peak event and duration of measurements. A calibration check was made on both meters before leaving and after arriving back in Chico. '. The fountain on the terrace was turned off and all movement on the terrace stopped to get attempt to get an ambient reading. Wind and creek noise produced a value of 45.7 dB. Moving away from the canyon area produced levels below the 30 dB threshold of the meter. A jazz record was placed on the stereo and the volume turned up to the speaker on the terrace to produce an initial volume of 82 dB at three feet, and a noise equivalent level (LBQ) of 68.9db in the gazebo 15 feet away. Measurements were then taken on Takara Drive at the southeast corner of Ms. Shannon's prop- erty, and on the side of the hill at the northwest corner of her property. The values at the southeast corner ranged from 38 to 43 dB, in a direct line of sight with the terrace edge. Measurements at the northwest corner were between 30 dB and 43 dB, with the later value a result of passing traffic on SR32. After the measurements were made at the property corners, the stored values were recorded from the CEL meter. The peak event on the record was 89.8 dB, with an average (LEQ) of 76.6. A mechanical estimate of the L$Q was made during the same period by noting meter levels every 15 seconds. this method produced a value of 78dB. CONCLUSIONS The roof, terrace floor extension, gazebo and side walls focus most of the sound energy from the terrace to the equivalent elevation on the opposite wall of the canyon. The 30+dB attenuation to the corners of the property occurred with an empty terrace. If a number of guests were present, there would be a sound absorp- tion factor that could add up to 10 additional decibels of attenuation. The resultant noise levels, with or without guests does not violate any existing noise regulations of Butte County. Alber Princ 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 January 6, 1997 Shirley Shannon 624 Autumn Lane Chico, CA 95928 Re: Use Permit, AP 056-390-029, APL97-02 Dear Mrs. Shannon: At the regular meeting of the Butte County Board of Supervisors held December 17, 1996, the public hearing was continued to January 28, 1997 at 10:30 a.m. to consider your appeal of the Planning Commission's. denial of a bed and breakfast home with related activities on property zoned "U" located approximately 11 miles northeast of Chico. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville. Should you have any questions regarding this matter, please contact this Department. Very truly yours, Craig Sanders Senior Planner CS:lr N December 9, 1996 Shirley Shannon 624 Autumn Lane Chico, CA 95928 uttecounty - If! LAN D OF NATURAL W EA LTH AND BEAUTY PLANNING DIVISION ' DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 Re: Use Permit, AP 056-390-029, APL97-02 Dear Ms. Shannon: Enclosed is a copy of the Board Agenda Report concerning your application for a Use Permit to allow a bed and breakfast home with related activities on property zoned "U" located approximately 11 miles northeast of Chico. A public hearing has been set for December 17, 1996, at 10:15 a.m. 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 Craig Sanders of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, Craig Sanders Senior Planner CS:lr Enc. 0forms\schedu1e.frm DEC -10-90 TUE 16:4PTAIN SHIRLEY SHANNON 91&&920700 P.01 Post -Ir Fax Note 7671 Date p# of T p� December 10, 1996 c°'DeP` Co. Phone R Phone k Fax O Fax # John S. Blacklock Clerk of the Board Butte County Board .of Supervisors Dear Mr. Blacklock, I received notice that my hearing concerning a Use Permit (AP 056-390-029, UP97-03) for a bed and breakfast home and related activities is scheduled for December 7, 1996 at 10:15 a.m. I cannot be at the hearing on that date because I will be on the east coast and my lawyer will be unavailable because he will be in Sacramento. Also, I am not yet ready to present my case due to the cramped schedules of others who are helping me. I request that my hearing be continued until mid or late January. J 4, 7 7 Sincerel e Shannon 13624 Autumn Lane, Chico, California 95928 Tele: (916) 892 0770 Fax: (916) 892 0700 cc: Craig Sanders, Senior Planner MA Planning Division DEC 10 1996 Uroviiie, Galifornia 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: 1916) 538-7785 December 4, 1996 Shirley Shannon 13624 Autumn Lane Chico, CA 95928 Re: Use Permit, AP 056-390-029, UP97-03 Dear Mrs. Shannon: The Clerk of the Board .of Supervisors set public hearing for December 17, 1996, at 10:15 a.m. to consider your appeal of the Planning Commission's denial of a Use Permit to allow a bed and breakfast home with related activities on property zoned "U", located approximately 11 miles northeast of Chico. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact this Department. Very truly yours, �ar�tti.d'� Craig Sa ers Senior Planner CS:lr November 19, 1996 Carol Roach, Clerk Of The Board, Butte County Board of Supervisors Dear Ms. Roach; Please be advised that I wish to appeal the decision of the Butte County Planning Commission for a Use Permit pertaining to my bed and breakfast business. The permit number is AP 056-390-029 UP97-03. I have enclosed a check in the amount of $250.00 to cover the fee. Sincerel Shirley Shannon Villa Garden Ridge 13624 Autumn Lane, Chico, California 95928 40ARO OF SUP MnV Z 119% OROv&LIE, ca.IFORNW, November 19, 1996 Plan►ng Division NOV 26199 Oroviile, Califomia Carol Roach, Clerk Of The Board, Butte County ` Board of Supervisors Dear Ms. Roach; Please be advised that I wish to appeal the decision of the Butte County Planning Commission for a Use Permit pertaining to my bed and breakfast business. The permit number is AP 056-390-029 UP97-03. I have enclosed a check in the amount of $250.00 to cover the fee. Sincerel Shirley Shannon Villa Garden Ridge 13624 Autumn Lane, Chico, California 95928 Received fro T%e Sum of For 1. Received: CASH CHECK DAVCO BUSINESS FORMS • (916) 743-8511 COUNTY OF'UTTE i` 1 ) e�FICI EI RECT FICE DEPARTME�N�TTII�SSUING RECEIPT. Received Title By -� Q0AR D pFSVP�Rw-Soft 21 1996 CALIFORNIA 2i �z 6 � l ,9- Room Description and Price Guide -All prices are subject to change.- -All prices include afternoon snack, evening sweet treat and a full breakfast- -All prices are for double occupancy only. Please ask about accommodations for extra guests in your suite - Yo ► 1. e s 35. (one aueen bedroom + From the Courtyard Room the Villa's main courtyard with kissing birds on a pink water fountain can be seen. Depending on the time of year, the courtyard is filled with roses or daffodils and the sunset may show its brilliant red and orange display through the round Mediterranean window. A tiny desk fountain, queen sized bed and white crocheted pieces create a romantic atmosphere for your pleasure. The Olive Crown Room has a fire place, fountain, a view of olive trees, a wet bar, organ and roll top desk. This library, with hundreds of books, exudes an atmosphere of relaxation during winter or summer and is where mating calls of frogs can be heard from the nearby ponds in spring. In true Mediterranean tradition, the Villa has a wonderful pergola that covers the Grand Deck. From this lodging the pergola is viewed from above and depending on 'the season, will be covered in flowers or grapes. Through an archway, There is a°perfect view of Stilson Canyon A king bed, which is opposite a large picture window that frames a Silver Birch to the north, dominates the Pergola Room. A little fountain adds the pleasure of sound to your ears. These rooms are decorated in full deep rich earth tones. The Riviera Room features a fireplace, two round windows, a combination of carpet and red brick floors, grandfather clock, a fountain and an oak spiral staircase to dining. The Villa's front entrance through oak and glass doors is a very special addition to this suite. A third room with canyon view and roll top desk can be used as a smoking lounge and nothing is more sophisticated then the magnificent solid oak wet bar. Canyon Suite 580. (One queen bedroom) These little rooms offer a most authentic and delightful Mediterranean flavor and, therefore, are a favorite in summer. Ancient history relates that cats were once worshipped by peoples along the shores of the Mediterranean. Here you will find a nice collection of cat books and figurines. Cat pictures and paintings celebrating this special creature adorn the walls and peak from foliage in the garden. An incredible view of Stilson Canyon through an archway will take your breath away! The whole suite can become an indoor/outdoor garden by opening up the sliding glass doors on each end of the suite to connect two patios to the indoor spaces. The small Garden Room has a fine queen bed with 'walk -'in closet and is just off of a private patio surrounded in cooling shade vines,.a water mist system, tinkling wind chimes, a fountain and private walkway under a bridge. Villa birds love their feeding station near the patio table. The Canyon Room features a walk-in closet, dry bar, many green plants and a dining table for two. A mix of carpet and traditional red brick floors are under foot. A private shower has two sinks and a wonderful display of hand painted tile with a view of an outdoor fountain. Romance is in the air here! To relax in the cold tub, take in the Grand Deck, or watch the koi, just step out the door. A fully appointed work-out gym is very close. The moon is a constant companion through the east archway and this is a perfect location to watch hawks soaring on updrafts over the ridge. -P Bat L O f TenUS $135. (One king round bed + one queen gull -out + one singe bed) A lovely place for romantic interlude. Miles of black tile and mirrors cavort in this graceful space. Soft pastel fabrics and carpet blend softly with a garden view on one side and a Stilson canyon vista on the other. It has fifteen feet of counter, including two sinks in the dressing area, solid oak- drawers akdrawers and closets and a shower room with toilet and a French bidet..... special! Three steps up onto a black tiled platform gives access to a large and exquisite Roman tub with Jacuzzi. The view from here is .extraordinary. If you desire in -room dining, this is the place. A separate glass enclosed dining area is provided for your enjoyment of a private breakfast or to sip evening wine. The dinning area also has a day bed and cactus collection. This is a perfect spot to enjoy the moon through one of the Villa's telescopes! The bedroom has a comfortable sitting area from which a splashing fountain can be heard. Across from a tiled fireplace is an unusual round bed draped in lace, dried flowers and piles of fluffy pillows. 14CCasutte$155- (One queen bedroom + one k*ng, Indroom + one queen pull-out + two single window A combination of the Courtyard Room, the Pergola Room and the Olive Crown Room. (Please see descriptions above.) A combination of the Riviera Room and The Bath of Venus. (Please see description above.) LJ pull-out + one single bed) A combination of the Pergola Room, the Riviera Room, and The Bath of Venus. -(Please see description above.) PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 November 14, 1996 Shirley Shannon 13624 Autumn Lane Chico, CA 95928 Re: Use Permit, AP 056-390-029, UP97-03 Dear Ms. Shannon: At the Butte County Planning Commission meeting held November 14, 1996, your request for a Use Permit to allow a bed and breakfast home with 3 guest rooms and related activities including wedding receptions, private parties, anniversaries, and seasonal events, in an existing residence on property zoned "U", located approximately 11 miles northeast of Chico, was denied. Should you desire to appeal this decision you must do so, in writing, with the appeal deposit of $250.00 to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to the expiration of the 10 -day appeal period which is at 5:00 p.m., Monday, November 25, 1996. Should you have any questions regarding this matter, please contact this office between 8:00 a.m and 4:00 p.m., Monday through Thursday. Very truly yours, Craig'Sanders Senior Planner CS:lr k:lfortnsklenial.frm (7T-)-7 INE OF -CONCERNS 1. Autumn Lane is a private driveway serving -5 property owners. 'a. Autumn Lane is maintaiired by the property owner. b. Each owner is -accessed according to the number -of lots owned, not according..to.. usage.. . C. Any increase in use is a concern to the entire neighborhood. d. The use permit,. if granted,. must include that the applicant obtain the -c,onsent-af the -m%ers -of the -road to -the inmased -use. _e. Change in road. main. l a. = 3gr=mePt: to -req t -e that .the .aMhcant pay -up to -90% of -the casts of any improvements or repairs -to the road, including any possible rea1_ iianm .n 2.- Highway. 32 at.the.Intersection_of Autumn Lane. is. a Dangerous.Intersection. . a.. Applicant. states..that-there. is good m. sMty when, ex,�the .:property by AutanwLane. -b. ActlWA isibility -is Ifinited-by -a rise -to #1re-nor-thew. the ifficult.egrzss-ficm:the property -a f. --w dainks; and -?0; -`0; or 150 peop% leaving atthe same time, late at night, and -the ingredients are there for disaster. d. Liability. exposure.. to. the-property....owners.-is -tremendous. Itis their. intersection. e: As- a-eeudhien-ia-ihe-liabilitpem t; -he :c ierr-mmt. require- $. m Y Policy ProVidmig.S3,000,000 per injury and 520,000,000 per event; in case of -acciddents, wit -each -of the ne*hbers -being--named as addi ally narned i.mweds. 3. -Fu-- TIzeatis Leased: 4. If a visitorparrksin -tall .grass during the .summer ur fall- a..fwe is-xhe liWy result. IT ISMCTABLE. b. Requiring tate -applicant to -meet -County Fim Standards -does - tot -afford protection -to. the -neighbors from.a..wild.fire.:. 4. The Increase Efflaent fiom Applicanirs Septic Must Go Somewhere. a. Iliat area is nava cap.. b.. Further -sub -division or cievc open 'is PrOlffl*;-,d'-drTestdcted,., c. The -effect- of nuiltoe- -events per year together with -a -bed- -and,breaU-astinn vastly exceeds -the -ability. of the- land.to..absorb the. effluent - d. Approving this use is the same. as a new development -in the fooduiDs. 5. Porta Potties Are Not Acceptable. a. Mavffig "Nije rooms -as a regular feature ofour neio-bothood is not 2ccqAabk_ h- no. Onthe -duration.. of their -stay an the property. -6. The Cofllftissiaris- Staff-Aclata ges ThatThe Increase ht- Traffic Will Represent a_&4nificant.Change to. the Amount the. Neighborhood.Currend .y Rec6hves and. WILL -CHANGE TEE --�CT-ER--OF-TBE-NEIGHBOR-HOOD-.-" Z. neighborhood..'' b. Why should the applicants commercW'activities be affowed to change -die characte of -the riciebberhood? 7'. Traffic Will. Be- Greatly Increased. With- the -Bed &Brealdast. Traffic Will be Horribfc With -an Events Facility. 9. App ick ShoWd Not be- 4u Have- Affrphfied- Misic -Out Dmrs-. -a., -Staff-cem that-arnpfified-vatdoer music -should -be -banned -past 9,00 -p: -m; on week days and 11.00 p.m. on weekends. b. Comments: 11 g®r A -pet • S C A M E R/ • c �s o Mid Valley Title and Escrow Company SEPT. 25, 1996 SHIRLEY SHANNON 13624 AUTUMN LANE CHICO CA. 95926 DEAR MS. SHANNON, ATTACHED IS A DUPLICATE COPY OF YOUR OWNERS POLICY AND A PLAT OF YOUR APPURTENANT EASEMENTS, AS PER YOUR REQUEST. IF WE CAN BE OF ANY FURTHER ASSISTANCE, PLEASE CALL. THANK YOU.\.J't*M0 , JENNIFER MACKALL ASSISTANT TITLE OFFICER P.O. BOX 3039, 95927 • 601 MAIN STREET • HICO, CA 95928 (916) 893-5644 9 FAX (916) 893-1853 ALTA OWNERS POLICY (REGIONAL EXCEPTIONS) • POLICY NO. BU -147755 MC DUPLICATE ORIGINAL SCHEDULE A TOTAL FEE FOR TITLE, EXAMINATION AND TITLE INSURANCE $980.40 AMOUNT OF INSURANCE: DATE OF POLICY: 1. NAME OF INSURED: SHIRLEY J. SHANNON $335,000.00 JUNE 19, 1995 AT 8:00 A.M. 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: A FEE AND EASEMENT 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: SHIRLEY J. SHANNON, AN 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO. • ALTA OWNERS POLICY POLICY NO. BU -147755 MC (REGIONAL EXCEPTIONS) SCHEDULE B EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: PART ONE: ' 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. 2. ANY FACTS RIGHTS, INTERESTS, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR -(C) ARE SHOWN BY THE PUBLIC RECORDS. 6. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. CONTINUED PAGE 2 ALTA OWNERS POLICY (REGIONAL EXCEPTIONS) • POLICY NO. BU -147755 MC PART TWO: 1. GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 1995-96, IST INSTALLMENT: A LIEN, NOT YET DUE OR PAYABLE. 2ND INSTALLMENT: A LIEN, NOT YET DUE OR PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. THE RIGHT TO' CONSTRUCT, PLACE, INSPECT, MAINTAIN, REPLACE, REMOVE AND USE FACILITIES OF THE TYPES STATED HEREIN AND OTHER INCIDENTAL PURPOSES IN FAVOR OF: PACIFIC GAS AND ELECTRIC COMPANY AND PACIFIC TELEPHONE AND TELEGRAPH COMPANY FACILITIES: WIRES, CABLES, AND OTHER RELATED APPURTENANCES RECORDED: MARCH 28,. 1977, IN BOOK 2156, PAGE 619, OFFICIAL RECORDS. 4. A WATER MAINTENANCE AGREEMENT, BY AND BETWEEN: RICHARD RAMSEY, ET AL RECORDED: APRIL 7, 1977, IN BOOK 2160, PAGE 287, OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO THE RECORDED INSTRUMENT FOR A FULL UNDERSTANDING. , 5. A RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE,STATED HEREIN, AND INCIDENTAL PURPOSES FOR: ROAD AND PUBLIC UTILITY PURPOSES RECORDED: APRIL 26, 1977, IN BOOK 2165, PAGE 507, OFFICIAL RECORDS. THE EXACT ROUTE OR LOCATION OF SAID EASEMENT IS NOT DEFINED OF RECORD AND MAY OR MAY NOT AFFECT THE HEREIN DESCRIBED PROPERTY. 6. ''EASEMENTS `SET BACK LINES AND NOTE (S) AS SHOWN OR DEDICATED BY PARCEL MAP RECORDED: FEBRUARY 23, 1978, IN BOOK 65 OF MAPS, AT PAGE(S) 16, BUTTE COUNTY RECORDS. SEE PARCEL MAP ENCLOSED WITHIN THIS REPORT. CONTINUED PAGE 3 ALTA OWNERS POLICY (REGIONAL EXCEPTIONS) • POLICY NO. BU -147755 MC 7. A RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES FOR EXISTING WATER LINE, AS SHOWN ON A RECORD OF SURVEY, RECORDED JUNE 1, 1978, IN BOOK 64 OF MAPS, AT PAGE(S) 58. 8. A NON-EXCLUSIVE EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES FOR: ROAD AND PUBLIC UTILITY PURPOSES RECORDED: OCTOBER 30, 1979, IN BOOK 2457, PAGE 443, OFFICIAL RECORDS. AFFECTS: THE SOUTH 30 FEET. 9. ROAD MAINTENANCE AGREEMENT AND OTHER INCIDENTALS EXECUTED BY: DANIEL F. HAYS, ET AL RECORDED: NOVEMBER 23, 1979, IN BOOK 2465, PAGE 252, OFFICIAL RECORDS. 10. A WATER MAINTENANCE AGREEMENT, BY AND BETWEEN: DANIEL HAYS, ET AL RECORDED: DECEMBER 19, 1979, IN BOOK 2473, PAGE 22, OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO THE RECORDED INSTRUMENT FOR A FULL UNDERSTANDING. 11. A WATER MAINTENANCE AGREEMENT, EXECUTED BY: DANIEL HAYS RECORDED: MARCH 19, 1980, IN BOOK 2497, PAGE 647, OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO THE RECORDED INSTRUMENT FOR A FULL UNDERSTANDING.. 12. A RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES FOR: WATER PIPE LINE RECORDED: SEPTEMBER 17, 1980, IN BOOK 2551, PAGE 103, OFFICIAL RECORDS. THE EXACT ROUTE ;OR LOCATION OF SAID EASEMENT IS NOT DEFINED OF RECORD AND MAY OR MAY NOT AFFECT THE HEREIN DESCRIBED PROPERTY. CONTINUED PAGE 4 ALTA OWNERS POLICY (REGIONAL EXCEPTIONS) • POLICY NO. BU -147755 MC 13. AN ADJUSTABLE INTEREST RATE DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $301,500.00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: JUNE 7, 1995 TRUSTOR: SHIRLEY J. SHANNON, AN UNMARRIED WOMAN TRUSTEE: RANDOLPH C. HENSON BENEFICIARY: BANK UNITED OF TEXAS FSB RECORDED: JUNE 19, 1995, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 95-20195. DP JULY 13, 1995 PAGE 5 ALTA OWNERS POLICY- (REGIONAL EXCEPTIONS) r EXHIBIT '$A" POLICY NO. BU -147755 MC ALL THAT CERTAIN LAND SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: PARCEL I: BEING A PORTION OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 2 EAST, M.D.B. & M., BEING ALSO A PORTION OF PARCEL 3, AS SHOWN ON THAT CERTAIN AMENDED PARCEL MAP, RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 23, 1978, IN BOOK 65 OF MAPS, AT PAGE(S) 16, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE :SOUTHEAST CORNER OF SAID SECTION 35 AND RUNNING THENCE NORTH 01 DEG. 55' 37" EAST ALONG THE EASTERLY LINE OF SAID SECTION 35, A DISTANCE OF 731.58 FEET TO THE TRUE POINT OF BEGINNING FOR THE,PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 01 DEG. 55' 37" EAST ALONG SAID EASTERLY LINE OF SECTION 35, A DISTANCE OF 585.66 FEET; THENCE NORTH 52 DEG. 50' 06" WEST, A DISTANCE OF 317.80 FEET; THENCE SOUTH 05 DEG. 17' 54" WEST, A DISTANCE OF 231.80 FEET; THENCE SOUTH 19 DEG. 40' 00" WEST, A DISTANCE OF 580.00 FEET TO THE SOUTHWEST CORNER OF THE HEREINABOVE MENTIONED PARCEL 3; THENCE SOUTH 89 DEG. 57' 23" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 450.16 FEET TO THE TRUE POINT OF BEGINNING. PARCEL II: A 60 FOOT NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES, AS SHOWN ON THAT CERTAIN AMENDED PARCEL MAP, RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 23, 1978, IN BOOK 65 OF MAPS, AT PAGE(S) 16. PARCEL III: A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES 30 FEET IN WIDTH LYING WESTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED LINE: CONTINUED PAGE 6 ALTA OWNERS POLICY (REGIONAL EXCEPTIONS) PARCEL III: CONTINUED • POLICY NO. BU -147755 MC BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2, AS SHOWN ON THAT CERTAIN AMENDED PARCEL MAP, RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 23, 1978, IN BOOK 65 OF MAPS, AT PAGE(S) 16; THENCE NORTH 19 DEG. 401 00" EAST, A DISTANCE OF 60 FEET TO THE END OF SAID LINE. PARCEL IV: A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER THE NORTHERLY 30 FEET OF PARCEL 4, AS SHOWN ON THAT CERTAIN AMENDED PARCEL MAP, RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 23, 1978, IN BOOK 65 OF MAPS, AT PAGES) 16, SAID PARCEL 4 BEING ALSO A PORTION OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 2 EAST, M.D.B. & M. PAGE 7 SPI 2 .3 10.22AG � �-' 556.1/ 450.16 TINA CT. ,y or may not be a survey of the land depicted ur ose other should not rely upon it for any p p or lv � CO O W a� / O 1485.0 AC. I25Q 57 M 2� O 9 34 ACS p C //3.9• tion to the general location of the parcel 9.6AC. N a 13.45 1132 57 PM 52-25 icted. Mid Valley Title and Escrow Company PM 81-2 � -.. 323.251 323.25! a sclaims any liability for alleged loss or damage 1234.54 �s asuft from reliance upon this map. 2 34 10.72 AC. 3r l0 16.52 AC M 1483.16 32 3 33 9.37 AC. 0 1410.34 O 1854.69 1.06 1483.16 22. AC 4 O 10.45 AC. a AW 128-22/24: 21.2. QPM 67-63 1483.16 PM 68-59' . /9/0.2/ 2.30.0 848.13 / I O 12.04 AC. 4. a 2 I` 1 2 $ 0 942.32 "� 9.11 AC. i a tQi 2 6 O o 11.98 AC. l2 3 10.00 AC. �j M 154653 I 3 7O 22.31 AC." ���.'p1•�P 4 16.65 AC O o. 3 " j PM 68-1 70< <� -2�0 •Z 67- 91 r536.75 1374.16 3 21 c c c u �s 972_ DG I22 ' 6.00 AC AUTUMN'LM 2 O 23.2 AC. 3 24 /8.94 AC. TAKARA RD i_Q 12Qan-, 2 25 /0.29 AC. 1295.69 1 26 /0.0 AC /9 40 AC. 20 40 AC. 414 2 .3 10.22AG � �-' 556.1/ 450.16 323.25 lv � 3l I K ti 28 27 O �i �Ooi' 9.6AC. I 5.42A PM 52-25 3.78A PM 81-2 -.. 323.251 323.25! AUTUMN'LM 2 O 23.2 AC. 3 24 /8.94 AC. TAKARA RD i_Q 12Qan-, 2 25 /0.29 AC. 1295.69 1 26 /0.0 AC /9 40 AC. 20 40 AC. 414 AGENDA REPORT TO: Honorable Chair and Planning Commission vq� FROM: Craig Sanders, Senior Planner DATE: November.6, 1996 �1 REQUEST: Use Permit 97-03 for Shirley Shannon - Owner/Applicant: A Use Permit request to allow a bed and breakfast home with 3 guest rooms and related activities including wedding receptions, private parties, anniversaries, and seasonal events, in an existing residence on 6.1 acres of land located at the end of Autumn Lane on the east side of Highway 32, identified as AP 056-390-029, approximately 11 miles northeast of Chico, in a U (Unclassified) zone. Supervisorial District 3. RELATED ITEMS: This item was continued from September 26, 1996. FOR: Planning Commission Meeting of November 14, 1996 SUMMARY: Staff recommends approval of this application subject to the findings and conditions contained herein. PROJECT CHARACTERISTICS: This project is a Use Permit request to allow a bed and breakfast home within an existing residence located on an 6.1 acre parcel at the end of Autumn . Lane, just east of Highway 32 approximately 11 miles from Chico, towards Forest Ranch. The property is developed with a 6,000 square foot residence, maintenance shed, and an outbuilding. In addition, there are two 10,000 gallon water tanks on the property. There are approximately 40 fruit trees on-site as well as a section of vineyard. The parcel is situated on the edge of Little Chico Creek Canyon with approximately half of the parcel on the more level ridge top and half of the parcel having steeper slopes over the canyon edge. The house is located right at the grade break of the canyon edge and the rear of the house faces east towards Little Chico Creek canyon. Water for the residence is obtained from a private well and sewage disposal is accomplished through a septic tank and leach field system. Autumn Lane which provides access to the site from Highway 32, is a paved road approximately 16' to 18' in width. The driveway from Autumn Lane to the house is also paved, ending in a courtyard turn -around area. Adjacent properties range in size from 4 to 20 acres with many parcels in the 5 to 10 acre range. Rural residential land uses are predominate. 0 Butte County Department of Development Services Agenda Report 0 • 9 ANALYSIS: The public hearing for this item was continued open to consider several uses that were not in the original application and had not been addressed in the agenda report dated September 9, 1996. The original public hearing was advertized for a three bedroom Bed and Breakfast home. At the September 26th hearing, public testimony and statements from the applicant made it clear that other activities will be occurring on-site. These other activities include weddings, anniversaries, and family reunions; seasonal events such as Christmas parties; and smaller gatherings such as birthdays and club luncheons. If successful, the facility could have one or two events each weekend and an event or two during the week. Because of this potential, activity and traffic in the neighborhood could be significantly increased. The existing neighborhood is a quiet residential area. Having 60 to 100 events a year will be inconsistent with the residential character of the surrounding properties. Depending upon the size of the events, staff believes that up to 12 events could be held annually without significantly affecting the residential character of the neighborhood. It should be noted that nothing in the Butte County Code limits the applicant or anyone else from having private parties or offering the use of their home, free of charge, to any group for a meeting or gathering. It is only the commercial use of the site that is being considered at this time. The proposed events have the potential to generate significantly more traffic than the Bed and Breakfast alone would. As was stated in the last report, Autumn Lane is paved. It appears that the road can accommodate some additional traffic though the increase will represent a significant change to the amount the neighborhood currently receives and will change the character of this residential neighborhood. A large event could generate up to 200 to 300 guests. There is not adequate parking for the number of vehicles associated with this number of people. The applicant states that there is room to park up to 90 vehicles on-site, though the site plan submitted does not show this parking. Staff visited the site and has estimated that parking for up to about 50 vehicles is possible given the existing landscaping. Additional parking would be feasible if some landscaping is removed and certain areas leveled. The applicant proposes to use parking attendants during these larger events to insure efficient parking and to prevent guests from parking off-site. Autumn Lane is a private road maintained by all property owners in the area through a road maintenance agreement. Additional traffic generated by this project has the potential to significantly affect road maintenance since the activities on-site will contribute a disproportionate share of the traffic volume. A large event could generate between 150 and 300 vehicle trips. Since it is a private road and maintenance is via a private road maintenance agreement, surrounding property owners will be affected financially for additional road costs. The only two ways to address this would be for the applicant to improve Autumn Lane to County standards and for the County to take over maintenance or for the applicant to negotiate a new maintenance agreement. Additionally, the increased traffic may require changes to the Autumn Lane approach at Highway 32. CalTrans did not comment on the project but the project should be conditioned to meet CalTrans requirements. Approval for unlimited events that can generate significant traffic should not be supported by the County unless the applicant can provide a road maintenance agreement agreed upon by all residents of the area. ❑ Butte County Department of Development Services Agenda Report ❑ 2 Additional noise may also be generated by these events. Music and people's voices will be the two most significant sources of noise. The house and outdoor entertaining area face to the east, away from neighboring residences. As situated, the house appears to serve as a partial noise buffer to the adjacent residences, though neighbors have stated that noise from past events can be heard on their property. The applicant has proposed to limit the hours that outdoor music may be played to no later than 9:00 pm Sunday through Thursday and 11:00 pm on Friday and Saturday. Major Holiday events are proposed to last until Midnight. Of course all outdoor events will be subject to the weather and it can be expected that most outdoor events will be during the period of April through October and evening events may be further limited by weather. The events proposed have the potential to significantly impact.the existing septic system. The Butte County Environmental Health Division already has concerns that the existing system may not be adequate for the Bed and Breakfast use. Other options are available for limited events in the form of portable toilet facilities. The use of portable facilities has been approved for similar situations. Generally -the Butte County Environmental Health Division requires one portable toilet per 100 people. It is doubtful that portable toilets would be considered appropriate for the types of events and gatherings intended. Another option would be to expand the existing system. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. This project qualifies for a categorical exemption to review under CEQA as per Section 15303 (Class 3 exemption), conversion of small structures. PUBLIC NOTICE AND COMMENTS: Due to changes in the project request, this application has been republished and all surrounding property owners re -notified of the hearing. Advertisement of the public hearing was published in a local newspaper and were mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received no public comment. RECOMMENDATION: The proposed uses, unless strictly limited, have the potential to be incompatible with the surrounding neighborhood. Autumn Lane is essentially a cul-de-sac road serving just a few homes. The people living here enjoy a quiet atmosphere. Continual events with associated traffic are not appropriate for the area. Findings can be made that the use of the home as a Bed and Breakfast home with up to three guest rooms is compatible with the neighborhood. With several conditions and strict limitations, limited special events can also be justified. It is recommended that the Planning Commission approve Application No. UP97-03 allowing a Bed and Breakfast home with up to three guest rooms and related activities including wedding receptions, private parties, anniversaries, and seasonal. events, subject to the findings and conditions contained in Exhibit "A". Attachments: A: Vicinity Map B: Site Plan C: Environmental Documents K:\projects\ upc\shannon.up\agenda2.rpt ❑ Butte County Department of Development Services Agenda Report ❑ 3 • Reviewed and approved by: Willis F rel, Dire for of Development Services • 0 Butte County Department of Development Services Agenda Report 0 EXHIBIT "A" USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Rec.) UP 97-03 PERMIT NO. 066-390-029 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Shirley Shannon is hereby granted a Use Permit in accordance with application filed: 7/24/96 to allow a bed and breakfast home with 3 guest rooms in an existing residence on 6.1 acres located at the end of Autumn Lane, on the east side of Highway 32, zoned "U", approximately 11 miles northeast of Chico. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 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 date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 0 Butte County Department of Development Services Agenda Report 0 • C-] 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. FINDINGS: Section 1: Environmental Findings. A. The project is exempt from environmental review under the California Environmental Quality Act; and Section 2: Zoning Ordinance Findings. A. 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; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Shirley Shannon on AP# 056-390-029 to allow a bed and breakfast home with up to 3 (three) guest rooms and related activities including wedding receptions, private parties, anniversaries, and seasonal events. Approval shall be subject to the following conditions: B. Conditions of Approval: 1. Applicant must meet Butte County Environmental Health Division requirements for on-site sewage disposal and potable water. This will entail adding to the existing septic system and, because of shallow soils, some investigation of the soils will be needed prior to issuance of installation permits. Portable toilet facilities may be used instead of onsite on-site disposal if approved by the Butte County Environmental Health Division. If used, provide a minimum of 2 portable chemical toilets or 1 toilet per 100 guests, whichever is greater. A written rental agreement/contract for the toilet rental shall be provided to the Planning Division prior to any event requiring portable toilet facilities. 2. Kitchen facilities must be reviewed, approved and permitted by the Butte County Environmental Health Division. 0 Butte County Department of Development Services Agenda Report D R 3. Comply with the applicable requirements of the latest California Fire Safe regulations (PRC 4290) including site address requirements and all other applicable State and County codes, ordinances and regulations. 4. No more than three guest rooms may be provided. 5. Use. of the premises for gatherings, a s eddings, or other similar activities shall be limited to no more th:ni6/events per calendar year with a maximum of 125 persons at each event. Notification shall be given to the Planning Division at least 5 days prior to each event. 6. All parking must be provided on site. Prior to issuance of the permit provide a detailed parking plan showing the number of parking sites available. If parking will be on an unimproved surface, ensure that all vegetation within the parking area has been removed or trimmed to the Fire Department requirements. 7. Meet the requirements of CalTrans, if any, for the Road approach at Autumn Lane and Highway 32. 8. Any outdoor amplified music shall cease by 9:00 pm, Sunday through Thursday, and 11:00 pm Friday and Saturday. 9. Applicant must also comply with ' all other applicable State and local statutes, ordinances and regulations. 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. Dated: 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: Land Development Division Building Division ❑ Butte County Department of Development Services Agenda Report ❑ 7 0 Health Department Department of Forestry 0 Butte County Department of Development Services Agenda Report 0 'JDCT-14-9r moN 12.20 APTA IN =-.'H I RLE'V SHiHNN Ohl F.01 Craig Sanders Senior Planner Butte County Planning Division fax: {916}538 7785 From Shirley Shannon 'ViCCa Garden Ridge P"nning Division 0 C T .14 1996 orovii►e, California 0 TiCCa Carden Ridge Bed and Breakfast Celebration Events and activities October 5, 1996 TYPE OF EVENTS -Life event parties such as weddings and anniversaries and family reunions -Seasonal celebrations such as Christmas parties for businesses and organizations -The Villa would also provide space for much smaller parties with only 10 - 40 people for Birthdays, baby showers, and club luncheons -Business retreat RECREATIONAL ACTIVITIES -Walking on the Villa's many pathways through the vineyard and oak glen -Swings and hammocks of all kinds -Picnicking on the Villa grounds -Table Tennis -A small amount of wine is sometimes given as a gift to customers as a treat with afternoon cheese and crackers. Since I am not selling the wine and it is not included in the price of lodging, I do not require a liquor license. -Pool table -Table shuffle board -Darts -Wine tasting conducted by local wineries. (The wineries carry the required liquor licenses - not the Villa.) -Bon fires inside of the fireplace on the deck which is designed for this purpose. This fireplace has a building permit and has a chimney with a spark arrester on it. It is made of brick and it is completely surrounded by the tile which makes up the deck. -Hot tub and cold tub -Workout room with top quality exercise equipment -Professional massage and facials by therapists with state of California licenses. -Satellite TV viewing and video movies -horseshoe pit -Various board games -Star and moon gazing with the Villa's two telescopes -Bird watching with binoculars C1 T- 1 4 -'?Y. mCit-J 1 2 . 2, i_ AFTA I H H I RLE`. _;F;HHtIC:r-1 = _ 9 2 07t -D0 NOTE: X -country skiing, mountain biking and hiking were mentioned in my brochure only because these activities are available in the immediate area of Forest Punch. Such recreation is not actually available inside the Villa gates. PARKING FACILITY: The main parking lot will hold 30 cars. I also have an additional parking area that v,rill hold another 10 vehicles. A fire truck would be able to pass unobstructed the full length of the property because I would never allow cars to block that access road. The fire truck would also be able to hook up to my two 10,000 gallon water tanks without being prevented from doing so by parked vehicles. I will use parking attendants to direct cars during large events so that the lot is organized and also to prevent anyone from parking outside the Villa gates. TRAFFIC CONTROL ON COMMUNITY ROAD: Before events I will place temporary signs at strategic spots in order to funnel my guests directly through the Villa gates so that they do not make a mistake and turn onto a neighbor's property. Also, all but one of the homeowners on Autumn lane have closeable gates. Two out of the three gates are almost always closed. MUSIC: I will not play dance music on Sundays and week nights after 9:OOPM. No dance music will be played after 11:00 on Friday and Saturday nights. If it is a majaio_r holiday night I would like to be able to play music until Midnight. I have taken the time to turn up my stereo and walk about the Autumn Lane neighborhood in order to establish a maximum audio level. Presently i have a marker on the dial to indicate where the music can be heard near the neighbor's homes but only at a very low and muffled level. (If they were inside their homes the music would not be heard) I have purchased a "sound pressure level digital" meter (decibel reader) and plan to.use it to control the maximum decibel level at all parties ... even my private parties. Since the deck where the audio speakers are located overlooks Little Chico Creek Canyon and because I will demand that the speakers be directed only out over the canyon the noise to the community is very minimal. Also; the walls of the Villa are very thick in a Mediterranean style (at a high level of dance music one can barely hear it even in my own front courtyard!) If anyone would be disturbed by the music it would sure!y be the two households down in the canyon on the party deck side ... both of these homeowners have written letters of recommendation that I be allowed to continue the business. Apparently the sound of music does not go down into the canyon but continues on out into space on a straight line. I am in negotiation to buy an additional 19 acres immediately to the east of my current acreage. I expect to be in escrow within a few weeks of the date of this paper. This purchase will increase the Villa Garden Ridge property to 25 acres. OCT -14-96 MON 1 FliitJhJi_7� E. :_: Q i CI I think the commission should bear in mind that this community on Autumn lane has had a. rather large business operating here for many years. Apparently nobody had complained about it. The owner of the business has never applied for a Use Permit and I believe he requires one. With a tape recorder I have documented the large amount of traffic that goes to and from this business including very regular passage of big lumbering UPS trucks and many employees. I plan to document this traffic in other ways before the November hearing. The person who owns this business is one of the neighbors who hired a lawyer to stop my bed and breakfast from getting a Use Permit. I have been embroiled in a land easement disagreement with this person for over a year. Another neighbor who is not involved in hiring the lawyer has a professional rock band that practices regularly on his property just a few feet from the 90 degree turn in Autumn Lane.. apparently nobody has complained about this noise which I can hear easily when I am oast on my own deck. This is NOT a quiet neighborhood! The other two neighbors who hired the lawyer to stop my bed and breakfast business both live within a few hundred feet of highway 32. They are both subjected to a high level of highway noise day in and day out. I have documented the highway noise at a point equal to the distance from both of these men's homes to the highway. I believe that if I had a large wedding neither one of them would hear the traffic of the celebration due to the fact that it would be drowned out by the existing highway 32 traffic noise. I• have been embroiled in very serious land easement disagreements during the past year with both of these men. Sincerel , L Shirley Shanno Villa Garden Ridge • � vim..-�. nC.T-14—'3 E. P10N 12: Z. 0 CAPTAIN :=:HIRLE `r' a tent staff. .eep development and nimum. there are a trojects that the task Ire worthwhile. Most user safety or mini- nake the land accessi- ne bridge should be that pedestrian and a cross from the north xith side of the creek, Day Camp and at the ')ark were mentioned. ,red was whether an vehicle could use the ng, jeep trail and the road from Highway .:)e upgraded for emer- gency use, btti the level of improvement was not discussed. A site should be located for a helipad to aid in emergency evacu- ations. To facilitate use. potential trails should be identified and bootleg• trails erased. Measures to protect the archeological sites should be taken. Education is considered a key goal with programs to emphasize proper use of the land and the loca- tion of historical or cultural sites and to point out the land's value. Self -guided ecological tours throughout the entire upper park might be pan of this, and points of historic significance, such as the old Humboldt Road, could be incorporated. Intensive uses, such as group activities, should be restricted until the Park Commission, city and HANH1_IN 9 1 6 .�:•D.Z,Ci f 0t_1 r `- public have agree nn ,g Also suggested was a scenic overlook at the former Bureau of Ij Land (Management properly owned by the city or at Ten ,Hite House Road, both off Highway 32 and near.the park's entrance, . hile specific costsc t e rec- ommendations were not included. a staff report noted that the amounts vary. By no means is the list of rec- ommendations a final one. The commission hopes for public input, but has not established a date for a hearing or workshop. However, letters containing recommepda- tions can be submitted to the com- mission. "117e need to plan appropriately before a lot of people start using the park," commission Chair Maureen Kirk said. As far as acceptable uses of the land, Kirk noted that a bicvrie r;c including a leg ever the '"IL"A pro,; - en: had been approved by commission and would b -:a test case for impact. in giving its approval to 1h, - race. the commission w as caudou about an evert that could attract �,c many, In evaluating the event. tl=_ Park Department video taped tl-e race course and planned a'simila: pest -race examination. Kirk said she had made initini irquiries to local American indiar; groups as far as treatment and pro- tection of tribal sites and artifacts... Commissioners noted that determinin, acceptable use, would be a !e.ngthy procemi and supported Con*imissiocier CnacK Sheley's call to restrict intensive uses until a plan was established. No action was taken or, the rec- ornrnendations. 0 .0 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, November 14, 1996, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Shirley Shannon - Use Permit to allow a bed and breakfast home with 3 guest rooms and related activities including wedding receptions, private parties, anniversaries, and seasonal events, in an existing residence on 6.1 acres of land zoned "U" (Unclassified) located at the end of Autumn Lane on the east side of Highway 32, identified as AP 056-390-029, approximately 11 miles northeast of Chico. (CS) (UP97-03) The above mentioned application and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, -you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION WILLIAM FARREL, DIRECTOR DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Thursday, October 24, 1996. • Presentation by Shirley Shannon who is. requesting a Use Permit to allow a bed and breakfast home with 3 guest rooms on Autumn Lane, Chico. Public Hearing on September 26, 1996. Opening statement: My name is Shirley Shannon. I am here before you to present my views on why you should approve a Use Permit for me to operate a bed and breakfast business in Butte county. I was raised in Chico and after 30 years have returned to the area because I believe Butte County is the best place on earth to live. I have a unique background which allows me to make such a critical observation. I have traveled all over the world as an airline captain for Delta Airlines. I have recently retired from the airline and I am excited about the prospect of becoming an active member of the business community in northern California. The property on which the bed and breakfast will be located is a large -parcel of over six acres. I am currently involved in negotiations for an additional 19 acres which immediately adjoins my acreage to the east and down into Little Chico Creek Canyon below. The name of my bed and breakfast is Villa Garden Ridge. I named my dream home in this way because of several reasons: The buildings were designed in a true Mediterranean style with very thick white stucco walls, Mediterranean archways and brick floors. My six acres celebrates the best in green things because of the 48 fruit trees, 300 grape vines and 198 olive trees. It is a green emerald located on a ridge with a natural habit towards weeds and scrub oak. I did not buy the property a little over a year ago with the idea in mind to make a business of it. Circumstances dictated that decision. A few months ago I decided to find out if my instincts were correct about the notion that the Villa was a perfect location for a bed and breakfast business. I bought some very expensive beds and borrowed a lot of things from my mother and then advertised in the Enterprise Record for a "Grand Opening". I wanted to put on this open house affair in order to find out if my business would have a chance of success. I am a retired airline captain, and I have never entered a storm area without '�dhecking it out. I would not enter a business without taking a hard look at the radar screen. The chance to give tours of the Villa on grand opening day gave me a degree of hope that such a business would survive, and I was very pleased with the turn -out. I immediately set about advertising for bed and breakfast suites for rent to find out what the possibilities were for the real thing. Very early on after I began to rent out suites I decided that this business would work, and that it is apparently needed and wanted in Butte County, and so set about the task of becoming legal in the eyes of the county government. I paid my x6a e& -v- 7-VZL, $1200.00 in order to get on the road to making my business legitimate and did all of the other necessary jumps of the hoops necessary to get through the legal process. Up to this point I have served approximately 60 bed and breakfast customers and I have provided for one revenue deck party which was for a total of 38 people at a golden wedding anniversary party. I have been renting three suites. In most of my more recent brochures I have begun to describe the suits in various terms and by a number of different names depending on the combination of rooms that make up a suite. several of the rooms have two or more doors that can be locked off to provide a variety of room combinations depending entirely on a person's preference for different things offered in the various rooms. When a person reads my recent brochures he may surmise that the Villa offers many rooms for rent when in reality there are really only three guest bedrooms that can be organized in a variety of different configurations. I have a permanent office in another of the villa's bedrooms and I sleep in whatever guest bedroom is available to me when I have guests. I store my personal items in two locations... one on the top floor and one on the bottom floor. When I started to organize the bed and breakfast I used three couches I already owned and one I borrowed from my mother. three out of the four couches have pull-out beds. I mentions these additional pull-out beds in my advertising simply because it seemed a waste not to mention them ... do they have a child that they want to sleep on the pull-out perhaps? In any case, after serving more then fifty sleepy customers, I have never had a child sleep at the Villa, and I have only had two couples sleep on a pull-out after several months of business. Folks do not pay to sleep on a couch at a bed and breakfast! People do not bring children to a bed and breakfast! They come to get. away from kids and cheap bed springs. I found out right away that the typical bed and breakfast reservation is a woman who wants to surprise her husband with a special weekend away from home. The couple is usually, but not always, a couple from Butte County. She keeps the event a secret from her husband and orders a candle -light dinner. Another common reservation are honeymoon couples seeking very special pampering for their special night. I have also noted that the average reservation is made by up -scale professionals and business people. My clientele has proven to be very interesting;. I have entertained a scientist, writer, two sherriffs, teachers, a photographer, a retired building engineer, an electrical engineer, a Chico city councilman, a circuit court judge and many other professionals. My view of a bed and breakfast is to give my clients a chance to be catered to and pampered for a period of a day or two. I have uniformed maids. their sole concern is the comfort of the Villa's guests. I fill the suites with fresh flowers, ripe fruit, chocolate treats and fabulous beds. Each person is served wonderful things to eat in the morning. Anot .F gs e, area of the bed and breakfast business encompasses providing a place for formal gath, such as weddings, anniversary parties and business meetings. Most of the P,yvho seek out a bed and breakfast to organize a celebration for them are definitely of two distinct groups....... young people wanting a place for a four hour wedding or older people celebrating their important life events and accomplishments such as a retirement party. Rowdy drinking groups do not seek out bed and breakfast businesses to host their parties. We are too expensive for them and we move to the tune of sophisticated music such as jazz and piano. I have plenty of on -sight parking available for celebrations so I do not see that the business will create a parking problem in the community. There is no need for anyone to ever park outside of the Villa gates. No event that I would ever arrange would ever exceed the parking availability at Villa Garden Ridge. I only became aware of opposition to my bed and breakfast business a couple of days ago when I found out that three of my neighbors hired a lawyer to represent them in their desire to stop me from doing business. The lawyer they hired is here today and he also was in attendance at my grand opening. I can only hope, councilor Kennedy, that you were gracious enough not to drink my wine punch at that event! Did you, Sir?! I will need just a few minutes to show the Commission that the opposition to my bed and breakfast has very little to do with the normal grievances about noise and traffic which most of your hearings surly involve, and much to do with bitter property rights battles and property easement fights. I promise I will not bore you with long drawn-out explanations of petty infighting in the neighborhood, but will keep my comments to what I consider to be very pertinent information that you must have in order to decide if my neighbors have a legitimate position in their opposition or if they base,their moaning on things more sinister. I have some good short explanations to offer and also -some very graphic proof of my charges. Mr. Jim Brazil's property is immediately to the west of my own. I was excited about my escrow closing. On the second day after I moved into the Villa Mr. Brazil informed me that I had parked my car on his land. (I had inadvertently parked on his land because the area looks like a public road.) He did not take a neighborly tact by gently point out where his property line was ...... he told me he had taken action against me by dismantling my car engine and that the car would be towed away within a few minutes. I explained to him that I was his new neighbor and pleaded with him to sit down and discuss the problem ... he refused my offer of reconciliation and continued to declare that he had dismantled my engine. He also stated that he had called the police about me trespassing his property. He also bragged about having towed many cars from the area over the past years. I ordinarily have three garbage cans that I wheel out to the front of my property for pick- up each Friday. On one occasion, Mr. Brazil took my garbage can cart and shoved it into my flower garden crushing the plants I use to decorate the Villa gates. He was angry because he believed I was parking the garbage cart on his land. I have since received confirmation from my title company that I do, in fact, have legal access in the form of an 'easement in the area that I had parked my garbage cans. �nly last weekend, Mr. Brazil threatened to have a car towed away that was parked in the very area that my title company has guaranteed that I have legal rights to. It is a 30'X60" square of land in the south-west corner of Mr. Brazil's property. Mr. Brazil is very angry over this easement right I have. If I did not have rights to this little piece of land I would find it difficult to have my garbage picked up. It has been reported to me by the well -drilling people that occasionally come to my property to work that they have seen Mr. Brazil hiding in the bushes spying on me. Last weekend I had a non-profit fund-raising event on my property for an organization that I admire and respect. Mr. Brazil stood outside the gates of my property and videotaped the cars in my parking lot, cars coming out of my gate, and went so far as to stick his camera into the confines of vehicles leaving the event to take videos of the drivers and stood in front of moving cars in order to videotape the license plates. He verbally threatened drivers and people on foot. He kept screaming that I was operating without a license and he would see to it that my business was shut down. I tried to explain to him that the event taking place was not an event for which I was being paid money, but a non- profit fund- raiser that I was hosting. Mr. Brazil refused to listen and continued to physically and verbally harass my guests. One woman, who is a stranger to me, was so frightened and angered by this man that she called me to talk about it yesterday. She wants me to read a short statement to you at this hearing. Please let me read it.... Mr. Mike Balloo and Mr. Guy Downing own parcels 31,27,25 and 26. These men have erected an illegal iron gate on a dirt road that serves as an access to three out of the four of the above mentioned parcels. The only other person that has an interest in this dirt road is me. I have a legal right of access via an easement to use the road that connects all of these properties because the road also boarders the entire southern boundary of my Villa property. I also have a future interest in it because I am in negotiations for another 19 acres that has access from the dirt road. These men have denied me access to the road by erecting the electric gate that is controlled electronically and with a telephone located at the sight. the gate is opened electronically from Mr. Downing's house or via a car device. I have demanded that the gate be removed. It has so far not been removed by Downing or Balloo. No permit was ever issued for this gate. A permit is required for an electrical gate. So, as you might be able to tell from this narrative, I am being squeezed by Mr. Brazil on my west side and Mr. Balloo and Downing on my south side. (I can't put my garbage cans out to be picked up without wondering if they will be shoved into my flower bed) and on my south side two property owners have put up a gate to deny me access to my rightful passage of a road all along the Villa's southern border. What this leaves me is a little entrance only a few feet wider then my electric gate as the only approach to my property ........ These three men have effectively landlocked my property through old fashioned bully techniques! Non of it is legal! These men want to further strangle me (presumably to get me to throw up my hands and leave the county in disgust and defeat) by hiring a lawyer to shut down my bed and breakfast! I want to now approach the issue of noise in the community. I moved only a year ago from a small town in the mountains of southern California. Visitors always commented about the incredible calm and silence that cloaked the mountains. The area surrounding the Villa is not at all like that. It is so noisy that in order to please my customers I use flowing water to mask the sounds. I have small waterfalls in most rooms and waterfalls outside on several decks so that my customers will not be annoyed by the sounds of: The highway 32 freeway, which is very close Three out of my four immediate neighbors have barking dogs including Balloo and Downing. Mr. Bobby Seals has put together a rock band which he plans to market throughout the US. Mr. Seals practices (to my dismay) quite often. he is certainly a very disturbing noise. He is very near the ninety degree turn in Autumn Lane and quite close to two of the neighborhood houses. Mr. Downing has a big business with many employees. Cars move through the illegal iron gate day in and day out... constantly kicking up dust on the unpaved road and just making.a lot of general road noise. Large rumbling UPS trucks move in and out of the gated area on a regular basis. My flowers and my electric gates are covered in the dust created by these many vehicles going in and out of Downing's business. Mr. Downing does not have a Use Permit. I believe he is operating illegally and has been doing it for years. I have taken the time to document much of the regular noise in my community. This is not a quiet neighborhood. Once I discovered that several neighbors had hired a lawyer to shut down my bed and breakfast I decided to tape record the regular noise. It is so regular that I had no trouble at all recording all I need in a period of 24 hours. Only the noisy rock band escaped my tape recorder. I have recorded over 100 car passages past the illegal iron gate in about 24 hours of time during a Monday and Tuesday. (my tape ran out so I'm sure there were more cars then that number!) These cars are involved in Mr. Downing's business. this level of traffic passes the gate most days of the week. I have recorded the highway 32 traffic from several vantage points: From near Mr. Balloos' house to show that he is inundated with regular and persistent loud road noise day'in and day out. His house is very close to the highway. Mr. Brazil's house is just about the same distance from the freeway as is Mr. Balloo's house so I did not bother to make a separate recording. From where Autumn lane turns from an easterly direction to a nearly north direction. Three of the local residents live very close to this curve in Autumn Lane. It is very noisy here due to highway 32. I have also recorded some other regular neighborhood noises: Mr. Balloo's dog chasing the horses and barking madly. (normal) Mr. Downing's dog barking for around a half hour. (normal) I have done the following things to try and be a good neighbor: Many months ago I offered the volunteer fire department in Forest Ranch access to my above ground water storage tanks (20,000 gallons) provided they would fit them with valves so fire trucks could pump out the water into their trucks during a fire in our community. I have regularly cut the weeds along Autumn Lane with my garden tractor mower to help in fire prevention along the road. I keep the weeds on the Villa property cut down short for fire prevention I have asked some of my neighbors to talk about our differences many times. I am always ignored. ,,,Sotne other things I have done to contribute to my community in the name of Villa Garden .W;dge Bed and Breakfast is to make donations to several organizations, including the Sierra Club, the Forest Ranch Volunteer Fire Department and a Butte County hospice. In closing I have two letters from neighbors I would like to read to you........ SEP. -25' 016 (WED) 08:19 MID. VAL f TITLE, . TEL:916 0 1853 P. OOi s ALTA OWNERS POLICY (REGIONAL EXCEPTIONS) EXHIBIT IPA" POLICY NO. BU -147755 MC ALL THAT CERTAIN LAND SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: PARCEL I: BEING A PORTION OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 2 EAST, M. D. B. & M. , BEING ALSO A PORTION OF PARCEL 3, AS SHOWN ON THAT CERTAIN AMENDED PARCEL MAP, RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE -OF CALIFORNIA, ON FEBRUARY 23, 1978, IN BOOK 65 OF MAPS, AT PAGES) 16, AND' BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 35 AND RUNNING THENCE NORTH 01 DEG. 55' 3711 EAST ALONG THE EASTERLY LINE OF SAID SECTION 35, A DISTANCE OF 731.58 FEET TO THE TRUE POINT OF BEGINNING FOR THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 01' DEG. 55' 37" EAST ALONG SAID EASTERLY LINE OF SECTION 35, A DISTANCE OF 585.66 FEET; THENCE NORTH 52 DEG. 50' 06" WEST, A DISTANCE OF 317.80 FEET; THENCE SOUTH 05 DEG. 17' 54" WEST, A DISTANCE OF 231.80 FEET; THENCE SOUTH 19 DEG. 40' 00" WEST, A DISTANCE OF 580.00 FEET TO THE SOUTHWESTCORNER OF THE HEREINABOVE MENTIONED PARCEL 3; THENCE SOUTH 89 DEG. 57' 23" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 450.16 FEET TO THE TRUE POINT OF BEGINNING. PARCEL II: A 60 FOOT NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES, AS SHOWN ON THAT CERTAIN AMENDED PARCEL MAP, RECORDED IN THE .OFFICE OF THE RECORDER OF THE -COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 23, 1978, IN BOOK 65 OF MAPS, AT PAGE(S) 16. PARCEL III• A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES 30 FEET IN WIDTH LYING WESTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED LINE: CONTINUED PAGE 6 ^ 'SEP 5" 96 (WED) 08 19 MID, U,4*Y. TITLE. ALTA OWNERS POLICY (REGIONAL EXCEPTIONS) PARCEL LII: CONTINUED TEL : 9,1(3 1853 P. 008 POLICY NO. BU -147755 MC BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2, AS SHOWN ON THAT CERTAIN AMENDED PARCEL MAP, RECORDED IN THE OFFICE OF THE.RECORDER OF THE COUNTY OF BUTTE, STATE OF GALIFORNIA1 ON FEBRUARY 23, 1978, IN BOOK 65 OF MAPS, AT PAGE(S) 16; THENCE NORTH 19 DEG. 40' 00" EAST, A DISTANCE OF 60 FEET TO THE END OF SAID LINE. PARCEL IV: A NON-EXCLUSI.VE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES AMENDED THE NORTHERLY 30 FEET OF PARCEL 41. AS, SHOWN ON THAT CERTAIN PARCEL MAP, RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF 1978 IN BOOK 65 OF MATTE, STATE OF CALIFORNIA,, PARNCEFEBRUARYLNG 3ALSO A PORTION OF THE MAPS, AT PAGES) , SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 2 EAST, M.D.B. & M. PAGE 7 30 PM T9-53 127 29 10.22 AC rAxARa RL 556.1 ! �- ' _450 r6 I!q.* 323.25 � 1 � � 2 i ' 2 (25 JD. ZT 9,6AC.CO f L .s42A � 1 2�` Ic 13.78 A PAS �I-�� r� PM 52`-25 1 1.32a �5 �23.2,�� �''� M 129 5tNT tiY:KINKOS THE COPY CENTER; 9-25-96 ; 22:58 ;KINKOS 5132'CHICO CA- 916 8920700;# 2/ 2 Sept. 25, 1996 Hello, My name is Vicki L..Baxter and i am speaking to you through this letter because 1 could not attend this meeting in person. Both myself and illy partner were verbally attacked by an appearingly unstable man on this last Sunday, Sept. 22, 1990. We were trying to find the Villa Garden Ridge, bed and breakfast, located on Autumn Lane. We evidently ventured unknowingly onto this man's property. There were no posted signs denoting private property anywhere on this road. As we paused to try to figure out where we were this extremely irate, out of control, screaming man walked up to Our car window. i had rolled down the window to ask him for directions but was met with him screaming "get out of here!' "you're trespassing!" "don't you dare set one foot off the pavement!" "get out! "get out!". Well what shack! My companion nicely.apologized saying he did not know we wcrc on private property and began to turn the car around. What an uncalled for, nude, uncivil, hostile response we received form this man! There was a very real degree of "unstableness" about this man. I have been a private land owner in lovely ,Sonoma County, for years, having a beautiful house on 3 acres out in the country. There is a circular private road and we have neighbors along this road. We jointly posted a "PRIVATE DRIVEWAY" sign at the beginning of our road to help lessen the traffic of lost weekend travelers. Never would l scream rudely to these strangers who still accidentally corne down our road. They mean no harm and arc grateful when I give them correct directions. SIMPLE SOLUTION: If this man docs not want anyone to accidentally come onto his land he should clearly post his driveway! I feel pity for this man who must feel extremely threatened for some reason, perhaps he should seek professional counseling. tiinccrcly, Vicki L. Baxter Lisa and Terry Speegle 4184 Ten Mile House Trail Chico,CA 95928 • (916) 895-3812 September 25, 1996 To Whom It May Concern: In the past few weeks our neighbor Shirley Shannon has been operating a bed and breakfast at her home on Autumn Lane. We live in close proximity to found this in no way annoying or disturbing to the neighborhood. her home and have We encourage her in these efforts in every way and wish her the best of luck. Sincerely, i Lisa and T rry Speegle B. R N S E • a M U John AD se 4291 Ten Tri' 7(nuse 7r! Cb.ico CA'95928-8612 USE PERMIT BUTTE COUNTY PLANNING COMMISSION SEP 2 5 1992 DATE: (Certified Mail Rec.) 92-57 PERMIT NO. AP 061480-054 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below:-Ronald_and Cheryl`Damber --Thereby granted a Use Permit : in accordance -with application filed: July 6, 1992. to allow a bed and breakfast inn for up t_, o 12 persons on property zoned "U" located It t e end of Sunday Drive, *0.6 mile north of Bell Ranch Road, approximately 0.6 mile west of Oro Quincy. Highway, Berry Creek. - 1. Failure -to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this -use permit, all conditions must be completed . by the Permittee within 12 months of the _ delivery of the countersigned permit to the Permittee. I. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a - new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land _and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. _ A,19 SPECIAL CONDITIONS:I 1. Guest_events�__that_generate more -.l 3Q, guest -a -maximum -of- 125; shaUbe: `limited-tono-more-than 12 events„per year Exe_mption`may�be�g_anted-by�the -P-lanning pivision_of_the-Department of:,Development�Servides7= 2. The. Bed and Breakfast Inn shall be limited to 6 guest rooms. 3. Food preparation shall be limited to that allowed by the Environmental Health department in a residential kitchen and shall be for the residents and overnight guests of the inn. c -&S • 4. No more than 1 full time employee or equivalent may be allowed. 5. Provide a minimum of 9 parldng spaces and make the circular driveway at least 14 ft. wide to accommodate special event parking. 6. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 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. Dated: q-�-� • �/ Z Apph 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: —Land Land Development Division . Building Division Health Department Department of Forestry r Eu ite Co DIRECTOR'S OFFICE 1 DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 September 26, 1996 Shirley Shannon 13624 Autumn Lane _ Chico, CA 95928 Re: Use Permit, AP 036-390-029, UP97-03 Dear Ms. Shannon: At the regular meeting of the Butte County Planning Commission held September. 26, 1996, the public hearing was continued open to November 14, 1996, at 9:00 a.m., to consider your application for a bed and breakfast with 3 guest rooms and will be .re- published for an expanded application to include weddings and special events. A letter must be submitted to this office as soon as possible stating the exact modifications to your application._ This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact this office. Very truly yours, - Wil' m Farrel Director of Development Services WF:lr cc: k: formslcontinue.frm Eu ite countq PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 y TELEPHONE: (9161 538-7601 FAX: (916) 538-7785 �- ==--September 9, 1996 Shirley Shannon 13624 Autumn Lane Chico, CA 95928 _ Re: Use Permit, AP 036-390-029, UP97-03 Dear Ms. Shannon: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow a bed and breakfast home with 3 guest rooms in an existing residence on 6.1 acres of land located at the end of Autumn Lane, Chico. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for September 26, 1996, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Commission recommends that the applicant or their authorized representative be present at the hearing to re-spond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Craig Sanders of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. - Very truly yours, elAA�QA49— Craig Sanders Senior Planner Enc. k:\forms�schedule. frm REVISED BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, September 26, 1996, in the Butte County Board of Supervisors' Room, County Administration Center; 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Shirley Shannon - Use Permit to allow a bed and breakfast home with 3 guest rooms in an existing residence on 6.1 acres of land Zoned "U" (Unclassified) located at the end of Autumn Lane on the east side of Highway 32, identified as AP 056-390-029, approximately 11 miles northeast of Chico. (CS) (UP97-03) The above mentioned application and map are being referred by the Planning Manager to the Planning Commission. The Planning Commission will be the final authority on these items. The applications and maps are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION WILLIAM FARREL, DIRECTOR DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Thursday, September 5, 1996 • . 0 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, September 26, 1996, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Shirley Shannon - Use Permit to allow a bed and breakfast home with 3 guest rooms in an existing residence on J24 acres of 'land Zoned "U" (Unclassified) located at the end of Autumn Lane on the east side of Highway 32, identified as AP 056-390-029, approximately 11 miles northeast of Chico. (CS) (UP97-03) The above mentioned application and map are being referred by the Planning Manager to the Planning Commission regarding policy issues for senior citizen units. The Planning Commission will be the final authority on these items. The applications and maps are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville,- California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION WILLIAM FARREL, DIRECTOR DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Thursday, September 5, 1996 -)ojj3 a rr. • E��i�c�r�,�t:r�ni, fi�al.� AUG 1 Z 1996 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES Chico, Califorr�la PLANNING DIVISION TO: Environmental Health: Gail Lawrence FROM:lliam Farrel, Director Of Development Services RE: te`t for Comments on a Development Application:4$h irley<Shannon :r;LJP•97-03Y' DATE: Au We PLANNER: Craig Sandi-��hi£{ We have received an appllxa 'on for development of the below described property. We are.reviewing the application for completeness and , if comp'-dte for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should a heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond -in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in ad�ance for your time and efforts. This is an application for'a-UWP"t t6 allow a Bed and Breakfast Home with 3 guest rooms in an existinghouse on property zoned "U" (Unclassified), located At the end -of m �+L neeaYsK'of Hwy. 32, approximately 11 miles from Chico , identified aET►PI' ` 6= = _Its'within Supervisorial District No. 3 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON December 12. 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER :THA A'uQust-:M 1996.4FNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): RECOMMEND FOLLOWING CONDITIONS: 1. Applicant must meet Butte Co. Environmental Health requirements fnr onsite sewage disposal and potable water. This will entail upgrading (adding) to existing septic system and because of shallow soils, some investigation of the soils will be needed prior to issuance of installation permit. bv,Butte Co. Environmental Health. 1"lanninr. n;..:..:,..� T0AM: k:\forms\comment.fcm 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 L] BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works Director FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: Shirley Shannon: UP 97-03 DATE: August 8,1996 PLANNER: Craig Sanders We have received an application for development of the below described property. We are reviewing the application for completeness and, if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agencyxegarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow a Bed and Breakfast Home with 3 guest rooms in an existinghouse on property zoned "U" ( Unclassified) located at the end of Autumn Lane, east of Hew. 32, approximately 11 miles from Chico , identified as APN 056-390-029. It is within Supervisorial District No. 3 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON December 12, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN August 22 ,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHA VENONE. COMMENTS (Attach additional pages if necessary): /y%Lc GlT T/�N 2 C Q U11Z A11-r✓Tf O/-- C4 -e- 77t�i--1 1a /I cc 6Ss ?T/ bwy By: /r% ��.�/� Date: k:\forms\comment.frm 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 We have received an application for development of the below described property. We are reviewing the application for completeness and, if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, 'or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow a Bed and Breakfast Home with 3 guest rooms in an existinghouse on property zoned "U" ( Unclassified ) located at the end of Autumn Lane, east of Hwy. 32, approximately 11 miles from Chico , identified as APN 056-390-029. It is within Supervisorial District No. 3 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON December 12, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN August 22 , 1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): _ Al1G, rnid Date: U l �"9 k:\forms\conunent.frm 10- 16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 -sf BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES • PLANNING DIVISION TO: CDF •: FROM: William".Farrel, Director Of Development Services RE: Request for Comments on a Development Application: Shirley Shannon: UP 97-03 t k DATE: August`8,1996 PLANNER: Craig Sanders We have received an application for development of the below described property. We are reviewing the application for completeness and, if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, 'or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow a Bed and Breakfast Home with 3 guest rooms in an existinghouse on property zoned "U" ( Unclassified ) located at the end of Autumn Lane, east of Hwy. 32, approximately 11 miles from Chico , identified as APN 056-390-029. It is within Supervisorial District No. 3 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON December 12, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN August 22 , 1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): _ Al1G, rnid Date: U l �"9 k:\forms\conunent.frm 10- 16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Shirley Shannon DATE: August 8, 1996 FILE M UP 97-03 PLANNER: Craig Sanders APN : 056-390-029 AGENT: None PROJECT DESCRIPTION: Use Permit to allow a Bed and Breakfast Home with 3 guest rooms in an existing house, located at the end of Autumn Lane, east of Hwy.32, approximately 11 miles from Chico. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKFD CONDITIONS X1. Constriction, installation or development of structures or facilities on the parcels/lots shall complywith 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 tim3 of application for improvement permits. 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created' parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing __,_ feet, hydrant,size _ inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the there current fee for the West Chico Fire Station Fund. _ 8. Provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance. Revised 8/6/96 K:\standcon\upt" LOCO 5 (f4D IV 44:—C �r-M, U) AQ 4C -V"7 C.o4-'00, Planning Division ■ Use Permit Standard Conditions - Butte County ■ AUG 2 2 1556 Oroviiie, California 120 AC. /8 120 AC. 56 Planning Yhftion JUL e4 i�96 oroville, C.-Atomia BK 63 02 PM 57-25 13.78 PM 81- . '/ 323.25 .123.25. M /284.64 AUG 8 3 -- - � AUTUMN LK BK 46�- Assessor's Map F71��.- .39 County of Butte /�/- ' ��--..� I✓ April, 198 PORTION OF SEC. 35 8 SEC 36 T. 23 N. , R. 2E. o5 TINA CT. 125a3r k/ •� ` `! t / 13. 43 O AC. ~ 2 O 9.34 AC./ (�/9�. / `J j I ti 1r 3.94A / Id2 O 10.72 AC. 4 /1 oo J /O 16.52 Ar - G1483 6 148346 42.43 AC. , 32 33 9.37 AC. ! o /410.34 ci 1 % 1.018 1483.16 h // / 4 O4 1045 AC. QPM 67-63 1483.16 PM 68-59 2378.64 848.13 1183.75 1 5 12.04 AC. Q „ 14 2 1 , 37rj O 942. 9.11 AC. / • o� w O 11.98 AC. 2 6 o $ /2 ! i-- __�� 17.1 AC. 6 - - AC. _.� 154. 10.00 ; p q� �6 4 /3 I J O 22.31 AC. � P 16.65 AC m 05 = bl 1 PM 68 17 ,y1 67-91 1536.75 286.62 i 137... � )9 .f 972.06 40 AC. 22 6.00 AC . • I 2ci O '11 23.2 AC. ` O1 \ PM 127722 .79-53 - 2 3 /0.22 AC I AC. 3 O , � SLUM HILL RD d 't / 31 � / 1 1- 2 i � 2 25 /0.29AC- u 40 AC. /\Q 96AC. ^/ 12 27 1295.69 "N' . " h X71n / ° / A42AC� + / 26 110.0 AC 120 AC. /8 120 AC. 56 Planning Yhftion JUL e4 i�96 oroville, C.-Atomia BK 63 02 PM 57-25 13.78 PM 81- . '/ 323.25 .123.25. M /284.64 AUG 8 3 -- - � AUTUMN LK BK 46�- Assessor's Map F71��.- .39 County of Butte /�/- ' ��--..� I✓ April, 198 • Ll BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: William Farrel, Director. Of Development Services RE: Request for Comments on a Development Application: Shirley Shannon: UP 97-03 DATE: August 8,1996 PLANNER: Craig Sanders We have received an application for development of the below described property. We are reviewing the application for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow a Bed and Breakfast Home with 3 guest rooms in an existinghouse on property zoned "U" ( Unclassified) located at the end of Autumn Lane, east of Hwy. 32, approximately 11 miles from Chico , identified as APN 056-390-029. It is within Supervisorial District No. 3 . 5: THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON December 12, 1996. YOUR COMMENTS, IF ANY', ARE REQUESTED BY NO LATER THAN August 22 ,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): k:\forms\comment.frm 10=16-95 BKH. It 7 County Cer..ter Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 APPLICANT: Shirley Shannon PLANNER: Craig Sanders AGENT: None BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT DATE: August 8, 1996 FILE #: UP 97-03 APN : 056-390-029 PROJECT DESCRIPTION: Use Permit to allow a Bed and Breakfast Home with 3 guest rooms in an existing house, located at the end of Autumn Lane, east of Hwy.32, approximately 11 miles from Chico. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. BUILDING PERMITS 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all: applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. I. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. '■ Use Permit Standard Conditions - Butte County ■ 4 1 • • BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Shirley Shannon DATE: August 8, 1996 FILE #: UP 97-03 PLANNER: Craig Sanders APN : 056-390-029 AGENT: None PROJECT DESCRIPTION: Use Permit to allow a Bed and Breakfast Home with 3 guest rooms in an existing house, located at the end of Autumn Lane, east of Hwy.32, approximately 11 miles from Chico. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS J. SITE DEVELOPMENT 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B" and dated _, 19_ and is incorporated herein by this reference. 2. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. 3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING 1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits_ 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be ■ Use Permit Standard Conditions - Butte County ■ defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature, trees removed shall be replaced by planting replacement trees of equal number and not less than _ gallon size. 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds; trash, and debris, during the term of this permit. 4. All graded slopes, over 5 feet in height, or on slopes greater than _%, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to plant:ng. 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to -the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING 1. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS 1. Prior to;the issuance of building permits payment of the North Oroville/Thermalito Traffic Impact;Fees shall be made. 2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. _ 3. Prior to tie issuance of the Use Permit, to insure the maintenance and continuance of the orcharc; or other agricultural use of the property, the property owner shall enter into the ■ Use Permit Standard Conditions - Butte County ■ 9 County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The ag eement shall be recorded and recording fees paid by the applicant. 4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. 5. This Conditional Use Permit is granted for a period of month(s) at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension the approving authority may add, change, or delete conditions. 6. Approval of this Conditional Use Permit shall become null and void if the use for which it has been granted is not established within two calendar year from the date of approval. No formalcancellation or revocation action by the County will be necessary. 7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. _ 8. Approval of this application does not become effective unless, prior to 4:00 p.m. on _, 199_, the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel, Prior to',the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. 10. Prior to the issuance of the Use Permit the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees prior to the issuance of the Use Permit. 11. Prior t6lhe issuance of the Use Permit, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). 12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County fees. ■ Use Permit Standard Conditions - Butte County ■ LEAD -IN SHEET FILE NO: UP 97-03 AP# 056-390-029 9__ APPLICANT: Shirley Shannon, 13624 Aiutirn Lane, Chico, CA 95928 Name Address OWNER: Same Name Address RESPRESENTATIVE: NONE Name Address REQUEST: USE PMUT: -Im &46,.j o. "3 l ,wn., blfe"c F 14r e wA 3 !VeQ � 1(bpt^S 1 ✓, A-V\ .{.L►S4-1AA b,4USA SIZE: 21; Az SUPERVISORAL DISTRICT # EXISTING ZONING: l� ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: APPLICABLE REGULATIONS: kAforms\lead-in Planning Division J U L � 4 1996 Or'ov ill, Callfomias u a� N m; a. Project Lcation City of Chico IY u UP 97-03 AP#0056-390-029 Shirley Shannon 'AR GOL u 6 Denning Division JUL t 1 1996 oroviiiG, C,Wfonua � � Nf COMMENT DISTRIBUTION LIST APPLICATION: ,,,p- Dex „t • Shirley ' annon UP 97-03 DATE: July 24, 1996 County Offices and Cities: XChief --X"Public Works Director Administrative Officer Develop. Services Director -/—X_X Environmental Health Director – — Building Manager Sheriff — ist wu — ALUC LAFCo _ APCD — Butte Co. Fans Bureau –_– Biggs — Gridley — Chico Oroville Paradise Chico Airport Commission - _ 40 Agricultural Commission Irrigation District: _ Butte Water — _ OWID _ Table Mountain Irrigation — Domestic Water _ Butte Water District — OWID — Sewer _ Butte Water District — Skansen Subdivision (CSA 21) — Fire Protection /X– California Department of Forestry Recreation Districts _ Chico Area Recreation — Paradise Recreation & Park — Utilities _ PG&E North - Chico — PG&E South - Oroville S encles CalTrans — Forestry (Attn: Craig Carter) Central Reg. Water Quality Control Department of Conservation — Federal Agencies US Forest Service — Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist — Drainage — _ Reclamation — Butte Co. Mining Committee — Biggs/W. Gridley Water — Paradise Irrigation — Thermalito Irrigation — Durham Irrigation Richvale Irrigation Other California Water Service Co. — Del Oro Water Co. Thermalito Irrigation District — Other Themalito Irrigation — Sterling City Sewer Main LO.A.. PUD EI Medio Fire Protection District Durham Area Recreation — Feather River Rec. & Park Richvale Recreation & Parks Chambers Cable TV _ Pacific Bell Viacom Cable TV Dept of Water Resources — Dept of Parks and Rec. — Ol£ of Mining Reclamation — US Bureau of Land Management Dept of Fish and Game Highway Patrol Off of Governmental & Env. Relations Community Association — Mosq. Abatement Oroville/Butte Co Butte Env.l Council — Paradise Pines Com. 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Chiiu. Calif, >11GIBy_•U7iU. 89_•0?00 Breakfast at Villa ,�'arde- n Ridge A* a STATE L A�y�o 1 C o _ n o O o � � O n n p N C R N J. O {jF U p m Z- R a i N W Cf - N Hwy. J65.•03-, ----ABz. R8 N O2 N �. CA CAST NA y Y44 t -124/1 281.08 y - • p T b . N q U O O yO (tYil O O O T r b - ^^ 66556 JOO.O J65.0 n 4 n n .9.J10.0 r4.00 N3./2 Gj ❑_y � � a l� b - e P 9�`\ `O� e � _O O O /•mom� 1 9 i Do 1 C o _ n o O o � � O n n p N C R N J. O {jF U p m Z- R a i N W Cf 0 �- J COUNTY OF BUTTE _ L OFFICE OF PLANNING DEPARTMENT .... Ovl( 7 COUNTY CENTER DRIVE �i O�M / U.S.POSIAGE OROVILLE, CALIFORNIA 95965-3397 g z SEP -9'96 5 « _0.2 9 P U. METER d� C 6808230 «, PUBLIC rU-i- 3 300 051 000--- STATUS: `ACTIVE--'" SAADATI BAHRAM & SYLVIA JT HEARING 995 LUPIN AVE ° CHT( -n- f'A 999P6 � NOTICE SAAD995 959731031 1695 09/13/96 FORWARD TIME EXP RTN TO SEND SAADATI 452 POSADA WAY APT 17 CHICO CA 95926-0322 - _ MITIIP.�:7]3�8_Ll 141,1111111,.Fll1111"al'.! I ill I I I l it 11 ltl COUNTY OF BUTTE OV"< �.� OFFICE OF PLANNING DEPARTMENT �w �oQ` ��'U.S.POSIAGE �7 COUNTY CENTER DRIVE r OROVILLE, CALIFORNIA 95965-3397 I AUG29'96}� -_ -0.2 9 5 I r PO. METER 0808230 w 0 051 000 STATUS: ACTIVE�� PUBLIC d��AHRAM & SYLVIA JT 995 LUPIN AVE HEARING CHICO CA 95426 NOTICE FORWARD ME EXP 16TO SEND FORWARD TIME E:{P RTN TO SEND SAADATI 45R. POSADA WAY APT 17 – —1 i � i.� �,:I, ► � 1 � �, �-�=li � �,`i-r iT, 1l+�3;1 �-l-;��-��i� �a��_i �•� Ii J � .% "��1 jj 1 7I! f f 7 ' � .% COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 XX PUBLIC HEARING NOTICE J W P Q o W EL: 056 3 022 000 WALDHEIM & C/0 DEPT 0 CHICO ST CHI CA STATUS: ACTIVE �JT TECHNOLOGY Planning Division N 0 V 13 1996 Oroville, Cali%mia al