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HomeMy WebLinkAboutUP 98-076,utte 160unt L A N D O F N A T U R A L W E A L T H A N D BEAUTY November 19, 1997 Patricia Hamilton 14204 Decatur Dr. Magalia, CA 95954 Re: Use Permit, AP 039-600-010, UP 98-07 Dear Ms. Hamilton PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 Enclosed is a copy of the Agenda Report concerning your application for a Use Permit fo"r a group home for 14 women on the south side of Highway 32, 3/4 mile west of Meridian Road, at 4133 Highway 32, west of 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 December 11, 1997, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Steve Betts of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. a Sincerely, 47,� 4.Alr� Lynn Richardson Planning/Administrative Support Service Assistant /Ir Enc. j:lwpdocslpcltslschedule.mrg Skyway House "Addicts do recover & Families can be united" Jim Adams Staff Member 19 Glen Circle 8746 Skyway Oroville, CA 95966 _ "` PO Box 2392 530 534 7321 Paradise, CA 95967 jadams2©jps.net _ 530 872 7490 ACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In the Matter of Notice of Public Hearing, No .... ...... ..... ................................................................... PLANNt • .:..tv ...................................... PUB Notice Is Butte •.Cou mission IN Will be tieti AFFIDAVIT OF PUBLICATION camha, 11, State of California Cenfi r;,.. 25 Dnvi Orov County of Butte ss. gaing t e I Code of the State of California, Case No. 26796 CATEGORIC b the Superior Court of the State of California Y P FROM: EWA The undersigned resident of the county of VIEW . Butte, State of California, says: 9:00 a.m: = - Use PerMh and published daily in the City of Chico and for .1.4 womei County of Butte; that the notice of which the ed A=40 '(Agi That I am, and at all time herein mentioned s)`loca side ide �ot,:.Filgh was a citizen of the United States and nota party P tY west dt Mend High wa to nor interested in the above entitled matter; ,32,: 039.sooto; that I am the principal clerk of the printer and (SB) ` :9:00~a:m:ft publisher of and. Cathy..W to allow' a' n dub and' anis ret on propert The Chico Enterprise -Record Hiohwav�A9'�.� classified) g'.i That said newspaper is one of general circula- (sia) ,s'ihu tion as defined by Section 6000 Covernment ,:The, above: cations. anir Code of the State of California, Case No. 26796 and evallebtef attheofflce of 1planning b the Superior Court of the State of California Y P Depi Center rive, in and for the County of Butte; that said newspa- nia. if you:cha per at all times herein mentioned was printed applications in be Ilmited'to n and published daily in the City of Chico and Issues .you ,,oi raised afthe2p County of Butte; that the notice of which the scribed ewes Is; annexed is a true tinted co was ublished in P . PY- P to the Ptannfrid or- "orto,:th• said newspaper on the following days: BUTTE CoM DI eIJ L11 �1I) Ya. ,.C194915 Nov. 25, 1997. Publish: 11/25/1997;._ I certify (or declare), under penalty of perjury, that the foregoing is true.and correct, at Chico, California. Dated ................ Nov. 25,...1997 ......................... t Chico, California 6` ` .. . ......... ........................... (Sig ure) i 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, December 11, 1997, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEMS DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Patricia Hamilton - Use Permit for a group home for 14 women on property zoned A-40 (Agricultural - 40 acre parcels) located on the south side of Highway 32, 3/4 mile west of Meridian Road, at 4133 Highway 32, identified as APN 039-600-010, Chico. (UP98-07) (SB) 9:00 a.m. - Robert Powell and Cathy Wells - Use Permit to allow a non -alcohol dance club and an adult dance cabaret on property zoned "U" (Unclassified) located at 15430 Highway 99, identified as APN 047-100-146, approximately 9 miles north of Chico. (UP97-29) (SB) The above mentioned 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 COUNTYPLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Oroville Mercury on Tuesday, November 25, 1997. MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Patricia Hamilton, UP 98-07 DATE: January 27, 1998 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 039-600-010, was: Rezone from to zoning district. Granted a variance to X Issued a conditional Use Permit Use Permit for a group home for 14 women, on the south side of Highway 32, 3/4 mile west of Meridian Road, at 4133 Highway 32, west of Chico,A-40 (Agricultural, 40 acre parcel) STATE OF CALIFORNIA -BUSINESS, TRANSPORTATION, OUSING AGENCY PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 3' P.O. BOX 911 `� ! MARYSVILLE, CA 95901 TDD Telephone (530) 7414509 FAX (530) 741-5346 Telephone (530) 741.4539 December 15, 1997 Mr. Steve Betts, Planner Butte County Planning Division Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 Dear Mr. Betts: IBUT 166 03 -BUT -12 PM 4.16 Hamilton/House of Mercy UP 98-07 Application Thank you for the opportunity to review and comment on the above referenced document. COMMENTS: No significant traffic impacts are expected to occur to State Route (SR) 32 from the four- way parcel split at the mobile home park. If you have any questions regarding these comments, please contact Terri Pencovic Local bevelopment/Inter-Governmental Review Coordinator, at (530) 741-4199. Sincerely, E. A. "LIB" HARAUGHTY, Chief Office of Transportation Planning - Rural c: Jon Clark, Butte County Association of Governments Planning Division 0 E C.1 61991 oroville, California • Skyway House • Addicts do recover and Families can be united P.O. Box 2392 Paradise, CA 95967 530 534 7321 jadams2@jps.net 530 876 9436 Wednesday, March 17, 1999 To: Stephen Betts, Butte County Planning Department From: Jim Adams, Staff Member, Skyway. House Stephen Here is a document I prepared for City of Oroville when we were looking at a cite near, downtown. I hope it will meet your needs. Program Overview Skyway House is a residential treatment facility for alcohol and drug addicted men and women. We have a licensed facility for 14 women and are in process of licensing the men's facility. Our current program design calls for a 6 month residence to earn a graduation certificate. Depending on the individual client needs their program might include additional time spent in post graduation separate transitional living quarters . Upon admission to our facility the client is placed on 3 week restriction including phone usage. 'Their belongings are searched and any medications are confiscated and logged. All material not appropriate for treatment is confiscated and either disposed of or kept until their completion of the program. The client is assigned a "big brother" who provides an orientation and explains house rules. Our program is comprehensive in content: emotional, physical, mental and spiritual. We offer parenting classes, HIV education, life skill training, aftercare and a family group. Each resident has an individual counselor and meets weekly in a private session for help on their treatment plans. Attendance at NA and AA meetings is mandatory and a part of the daily routine. The residents must connect with and work with a sponsor. Included documents: Daily schedule Description of the individual groups License, California Department Alcohol and Drug Programs Non Profit Certificate List of Board of Directors Atmosphere Our residents are supervised at all times but this is not an incarceration program. Residency is voluntary and we attempt to create a family atmosphere. We have a zero tolerance policy on use of drugs and alcohol. Residents are subject to substance abuse testing at any time. Any resident found under the influence will be discharged immediately and appropriate agencies notified. Violent or threatening behaviors, posturing, threatening gestures, physical abuse of any kind ( including pushing or touching) are grounds for immediate discharge. pla DWIM MAR 19 1999 off4ftcallomis Skyway House Addicts do recover and Families can be united P.O. Box 2392 Paradise, CA 95967 530 534 7321 jadams2@jps.net 530 876 9436 Pass privileges accrue as residents continue in satisfactory program participation. The passes are designed to gradually prepare the resident for return to responsible, productive, independent living. Near the half way point in their stay the resident is expected to find at least part time employment and active job searching is mandatory. The residents are responsible for all aspects of their daily needs such as laundry, grounds, maintenance, cooking, shopping, cleaning, vehicle maintenance, repairs, etc. Assignments are rotated to provide training in several areas. Strati The staff members themselves are recovering addicts/alcoholics. They are motivated by a desire and a need to "give back". Some have been residents themselves. Most staff members either have earned certificates in Drug and Alcohol Studies or are currently attending classes to earn certificates. The staff meet weekly as a group to discuss each resident. Staff also meet regularly to discuss and critique each other. In general the staffing level is two on the day and evening shifts and one on a sleep over shift. Neighborhood Considerations We have lived in peace with our neighbors for several years at three locations as we have grown. We will go to great lengths to keep our neighbors happy. The planned 20 resident facility at Pine Street address will necessarily result in parking and some traffic increase. Parking Needs Staff 2 cars Senior residents 3 Itinerant administrator 1 Occasional sponsor visit 1 Itinerant agency rep 1 Transportation Vans 2 Family visits (weekend only) 2-4 Foot Traffic ( by staff permission only ) Daily noon visit to local AA or NA meetings with staff Limited visit to local store by senior resident designates Senior residents on job search and/or work pass Church attendance passes Client Profile Drug addiction doesn't discriminate, no segment of our society is immune. Our projected client profile at the Pine Street Facility would be drawn from: Drug court 2 Parole 2 Probation 5 • Skyway House Addicts do recover and Families can be united P.O. Box 2392 Paradise, CA 95967 530 534 7321 jadams2@jps.net 530 876 9436 Voluntary self admission 6 Other 5 These residents woulddbe male, ambulatory, 18 years old and up. Referecnces Some of our references include: Judge Stevens, Judge Rutherford, County Superintendent of Schools Fred McGuire, County Superintendent Fred Davis, Dr. David Allen, Dr. Suk Lee, Attorney Steve Trenholm, Parole Officer Quentin Campbell, School Superintendent Lou Carlin (ret), Larry Nelson -School Principal (ret), Attorney Ken Brown oh 563 EAST LINDO AVENUE CHICO�abo�ato, ilqc. PHONE (530)F3043 518185926 CULLIGAN WATER 1441-A PARK AVE. CHIC09 CA 95928-0000 Sample Identification:4133 HWY 32 Collected By:RM Date & Time Taken:12/30/98 1155 Other Data: SPECIAL - WELL HEAD Sample Matrix: Liquid Report Date: 12/31/98 Received: 12/30/98 PARAMETER RESULTS UNITS ANALYZED Total Coliforo ABSENCE #/100 d 11N 12/31/98 COLIFORM BACTERIA ARE ABSENT, WATER IS SUITABLE FOR DOMESTIC CONSUMPTION. Ck co C D 4q� Page 1 of 1 TEST REPORT: 157466 Client: CUL220 EQL METHOD BY Colilert NG P1aWng Division JAN 1 11999 0MViUe1Calubmia HOUSE:OF MERCY DRUG REHAB P. O.` BOX 518 BANGOR, CA 95914- 563 EAST LINDO AVENUE CHICO, CALIFORNIA 95926 PHONE (530) 343-5818 Page 1- of -,:A TEST REPORT:, 1567,33 Sasple.Identification:BY WELL Collected By:BILL HAMILTON Date`& Time Taken:11/25/98 1300 Ot h er", Dat a e � SPECIAL Saviple' Matrix: Liquid Repert Date::11/31b/98 - Received:'.:11/25/98 - Client: HOUSED PARAMETER RESIN TS UNITS ANALYZED E12L METHOD BY E. coli ABSENCE #/100 IL 110011/27198 Colilert VS Total Colifors PRESDICE #/100 IL 1100 11/27/98 Colilert VS :a.IFORN BACTERIA ARE PRESENT, MATER IS IMM FOR DXMIC CQ BJWTIK _ 011dOp1mdS6fY100fi DEC 0 3 POR d01�.j,a�allti • Sample for Microbiological Examination Mail Repoli To: Address 11 ��a[bj�ordooly, Ilqc. C State Zip 73 563 East Undo Avenue • Chico, CA 95926 (530) 343-5818 Sampling Point e%J /l �l �D Phone ! �2County Date Copy To: -_)'1'K -FC r4(E:3A19� t; trnM13 44 Y} 'C2Z411-1- t hl r �rc�tr'. n ^ .gid= 44- A= Analysis .. Method Water Source Type of Sample Quality Control Laboratory Remarks irColiform �Colilert � Drinking Water C1 Routine ❑ Repeat Temp °C 11 Leaked In Transit [1� Fecal ' Colisure ❑ Raw Surface ❑ Extra ❑ Repeat LT ❑ Insufficient Sample Coliform❑ Water Routine (follow-up) BG ❑Date Called ❑ HPC Tryptose ❑ Sewage ❑ Replacement /Special EC ❑ Date Faxed RESULTS (To Be Filled In By Laboratory Only) Tube Number Or Portions Coliform/100 mL Coliform MPN/100 mL. Presence Proportions in mL (Logs) 10 10 10 1 1 1 1 1 .1 .1 .1 .1 .1 ❑Absence Results: Date Time Analyst HOP E. colVFecal/100 mL E. coli/Fecal Presumptive Test ❑ Presence MPN/100'mL 24 1 Absence 48 Lab # HPC/CFU/mL Cl Res. Confirmed Test at 35 °C mg/liter P4 48 nun Set up: Fecal/E. coli Date Time Analyst 24/48 iJ V � '�J 1. ! it n ,� N � !e � ` ( t n...�„ et < t d... ,. .f •r 1t. � . ', .f,,,n��': p -t qr �e4r 5l � }• � ,rj f. S �..+^ " � �,•] � ;F ;� 7 f�",'l Y. C f' 3 L1e 17 $:', . _� .x ♦ s Yi .d �'�" rn�c. �.. t�'t. )F ! S ibr � t �y! t0 y �Y ttV F > 1 T •. h .5 fi �, e•F v h . ■Complete items 1 and/or 2 for additional services. ■Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. ■ Write -Return Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. Article Addressed to: Pdtric-* a Hamilton 14204 uecatur Dr. Magalia, CA 95954 4a. I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. imhor Z 006 768 746 4b. Service Type ❑ Registered Certified ❑ Express Mail ❑ Insured ❑ Retum Receipt fgr Merchandise ❑ COD 5. By: (Pn t Jyame) I 8. Addressee's Address (Only if requested and fee is paid) 6. NnAtu : (Addre Ient) ' X t.l PS Form 3811, December 1994 Domestic Return Receipt UNITED STATES POSTAL SERVICE • Print your L6 c I' PM No. G=10-- meaddcess�and ZIP C e .• COUNTY of MM EIEPMT r of 00MMENT Hca MANNINODIMM &Wk CA wom E ...• , f v..�,??-. v January 27, 1998 Patricia Hamilton 14204 Decatur Dr. Magalia, CA 95954 CERTIFIED MAIL • Re: Use Permit, AP 039-600-010 - Dear Ms. Hamilton ,butt¢ C LAND OF. NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 Enclosed is your validated Use Permit No. UP 98-07 to allow Use Permit for a group home for 14 women. , 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. Sincerely, t� Thomas A. Parilo Director of Development Services i I, • Teri Bridenhagen Office Assistant III Enc. cc: Land Development Division Building Division nvironmental Health Department of Forestry j:\temp\up7 .2 006-768 746- Receipt 46-Receipt for , Certified Mail No Insurance Coverage Provided ,45ERVCFEUST.TES Do not use for International Mail ' POST (See Reverse) sent Patricia Hamilton Street and No. ' 14204.Decatur Dr. P.O. tate a ZIP Code r� aga`lia, CA 95954 ' •Postage Certified Fee , I Special Delivery Fee , Restricted Delivery Fee Return Receipt Showing 0) to Whom & Date Delivered 17 t Return Receipt Showing to Whom, 2 Date, and Addressee's Address cd i TOTAL Postage O & Fees Is i Q Postmark or Date cc CO € 1-28-98 " tL Y N IL June 29, 1998 Patricia Hamilton 14204 Decatur Dr. Magalia, CA 95954 uite Co L A N D O F NATURAL WEALTH A N D BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530),538-7601 FAX: (530) 538-7785 Re: Swimming Pool at 4133 Highway 32 (House of Mercy), APN 039-600-010 Dear Pat, Condition # 5 of the Use Permit for the House of Mercy requires that the swimming pool on the property meet State of California requirements for a public pool, and that a permit be issued by the Butte County Environmental Health Department for the pool use. The Planning Division does not have any information regarding the State requirements for the pool. Therefore, you should contact Vance Severin (891-2727) at the Environmental Health Department to determine what the requirements will be. I have enclosed in this letter Mr. Severin's previous comments regarding the pool use. Should you have any further questions, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Stephen Betts Associate Planner encl K:\PLANNING\M1SC\1iAMILTON.LET Date 02/10/98 development Services Department Time 4:06 pm Applicant Billing Worksheet UP 98-07 * Patricia Hamilton House of Mercy 14204 Decatur Drive Magalia, CA 95954 In reference to : AP#039-600-010 Rounding : None Full Precision : No .Last bill / / Last aging Last charge 02/05/98 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 09/22/97 Teri B. / C 1.00 .34.00 #12742 Clerical 34.00 . 10/06/97 Paula L. / EO 0.25 14.75 #12929 Executive Officer 59.00 10/06/97 Teri B. / C 1.00 34.00 #12951 Clerical 34.00 10/06/97 Larry P. / P 1.00 59.00 #13055 Processing 59.00 10/20/97 Steve B. / P 3.75 221.25 #13443 Processing 59.00 .11/03/97 Steve B. / P 2.00 118.00 #13672 Processing 59.00 11/03/97 Lynn R. / C 0.25 .11.25 #13730 Clerical 45.00 11/17/97 Craig S. / P 0.50 29.50 #13925 Processing 59.00 11/17/97 Lynn R. / C 1.00 45.00 4140.50 Clerical 45.00 12/01/97 Lynn R. / C 1.25 56.25 #14196 Clerical 45.00 12/01/97 Craig S. / P 0.25 14.75 #14293 Processing 59.00 12/15/97 Lynn R. / C 0.50 22.50 #14442 Clerical 45.00 Page 1 TOTAL Date 02/10/98 41evelopment Services Department Time 4:06 pm Applicant Billing Worksheet UP 98-07 * :Patricia.Hamilton (continued) Date/Slip# Description HOURS/RATE 12/29/97 Teri B. / C 0.50 #14550 Clerical 34.00 01/26/98 Teri B. / C 0.50 #14711 Clerical 34.00 TOTAL BILLABLE TIME CHARGES 13.75 Date/Slip# Description OTY/PRICE 11/25/97 Teri B. / $C 1 #13852 Publish Legal Notice in Chico 21.60 Enterprise Record TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 02/05/98 Fees Waived TOTAL PAYMENTS/REFUNDS/CREDITS NEW -BALANCE Page 2 AMOUNT TOTAL 17.00 17.00 $694.25 21.60 (715.85) $21.60 $715.85 ($715.85) TOTAL NEW BALANCE $0.00 uP q%-o/l December 8, 1998 BEAUTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH 18-B County Center Drive 411 Main Street E3 7 County Center Drive Oroville, CA 95965 P.O. Box 5364 Oroville, CA 95965 TEL: (530) 538-7282 Chico, CA 95927 TEL: (530) 538-7281 FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 538-2140 FAX: (530) 895-6542 Patricia Hamilton House of Mercy 4133 Hwy. 32 Chico, CA 95973 vP RE: Unsafe Domestic Well, House of Mercy, 4133 Hwy. 32, Chico, APN 039-600-010 Dear Ms. Hamilton: A recent water sample analyzed by Monarch Labs determined that the well water is unsafe for domestic consumption. The well water shall not be used for drinking or cooking until the problem is corrected. The well should be disinfected using a chlorine solution, at a concentration of 100 mg/1. Enclosed with this letter is a hand-out outlining the steps to take to disinfect the well. The Use Permit states, as a condition of approval, that a water sample be taken by the Environmental Health Department. Once the well has been disinfected, arrange for a sample to be taken by this Department. A fee of $49.00 is required. If the well cannot be disinfected, then there are two options for you to choose from. You can either drill a new well or install a disinfection system as long as no fecal coliform is present. If you have any questions, please contact me at the Chico office listed above between 8 and 9am, Monday through Friday. Sincerely, CliffordtBottenfield, Jr., E.H.S. Division of Environmental Health Planning Division CCB/dd/septic/hamilton DEC 1 U 1998 cc Steve Betts, Planning Division Oroville, California enclosure February 18, 2000 Bob Sanford Skyway House 4133 Highway 32 Chico, CA 95973 =,.rte^ (�:^�r_^�+� .. - . • 46uttle Count, LAND OF NATURAL VVEALT1-1 AMD 6EAUT', DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH 18-6 County Center Drive 411 Main Street F� 7 County Center Drive Oroville, CA 95965 P.O. Box 5364 Oroville, CA 95965 TEL: (530) 538-7282 Chico, CA 95927 TEL: (530) 538-7281 FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 538-7785 FAX: (530) 895-6512 RE: Sewage Disposal System Construction Permit Renewal, 4133 Hwy 32, Chico AP# 039-600-010 Dear Mr. Sanford: The application which you recently submitted to this Department to renew a septic system construction permit at the subject property has been reviewed. A renewal permit cannot be issued at this time for the following reason: USE PERMIT: The Use Permit, UP 98-07, issued to Patricia Hamilton (dba House of Mercy) on January 27, 1998, allowed a group home for up. to seventeen (17) people at 4133 Highway 32, Chico. Conditions of approval included upgrading the septic system, verifying potable water, etc. A sewage disposal permit was issued on February 12, 1999, for a sewage disposal system for up to seventeen (17) people. Your recent renewal application raises the point that you have not accomplished this system upgrade. Since the Use Permit 98-07 required that the conditions of approval be completed within 90 days, the group home is in violation of the Butte County Zoning Ordinance. RECEIVED FEB 2 3 2000 IIPLAN&NN DIMON Bob Sanford Skyway House 4133 Highway 32 Chico, CA 95973 It is necessary that you immediately contact the Butte County Planning Department regarding this issue. The Planning Department is located at #7 County Center Drive, Oroville, or call 538-7601. If you have any questions, please contact me at the Chico office between 8:OOam and 9:OOam, weekdays. Sincerely, Tom Loushine, E.H.S. Division of Environmental Health TL/gUseptic/4133 hwy32.up cc: • Planning Dept. INTER -DEPARTMENTAL MEMORANDUM TO: Dan Breedon, Planning FROM: Tom Loushine, Environmental Health ev SUBJECT: Use Permit 98-07,4133 Highway 32, Chico, AP# 039-600-010 DATE: February 15, 2000 The subject use permit to allow a group home for up to seventeen (17) people, was approved January 27, 1998. Approval was subject to conditions that were to be completed within 90 days. Item #4 of Section 3-B, Conditions of Approval,• required an upgrade of the septic system to an adequate size. This office had issued a sewage disposal permit for the upgrade on February 12, 1999. As of this date, the upgrade has not been accomplished. Item #3 of the same section required that applicants prove potable water. As of February 22, 2000, this was completed with two consecutive passing water samples. On February 3, 2000, Jack Monaco, representative from House of Mercy, applied for a renewal of the expiring sewage disposal permit and requested that the new permit size the septic system for twenty-five (25) people. He was informed that the increase might require a revision or a new use permit, acknowledging the increased use. We are unaware of any action by the House of Mercy in that direction. At this time, we have not issued a septic system renewal permit, and have notified the applicants. that they are in violation of conditions of their use permit. It appears that Code Enforcement involvement may be an appropriate action at this time. I request that you inform this office of your position on this issue. TL/gl/mem o s/413 3 hwy3l up RECEIVED FEB 2 41000 PLANNING D VIS ON sz , arca March 22, 1999 Mr. Jim Adams P.O. Box 2392 Paradise, CA 95967 LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES , 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 Re: Change in Tenants, House of Mercy, located at 4133 Highway 32, Chico, APN 049-600-010 Dear Mr. Adams: Thank you for notifying the Planning Division of your desire to establish a group home in the house currently occupied by the House of Mercy group home. The House of Mercy was issued a Use Permit for their group home. From -what you told me during our conservations, and from your letter, it appears that your proposed group home has similar operating characteristics as the House of Mercy. The County does not object to your proposal to move into the House of Mercy. Please be advised that the terms and conditions of the Use Permit run with the land and are binding upon any successors of the Permittee. The Use Permit specifically limits the number of residents to no more than 17 people. This number includes any staff members that may reside at the residence. Should you have any further questions regarding this matter, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Stephen Betts Associate Planner enc: Use Permit 98-07 KAMISC\ADAMS.LET �`egsc_ review ( V�QA IcS ,MC. �,,�nnns V-etuV.td at COPY O -C— PROJECT SUMMARY SHEET i FILE #: UP:98-07 PROJECT TYPE: APPLICANT: Patricia Hamilton ADDRESS: 14204 Decatur Dr., Magalia. CA 95954 OWNER: Geneal Chima ADDRESS: P.O. Box 3665, Yuba City, CA 95992 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Use Permit for a group home for 14 women PROPERTY ZONED:—A-40 LOCATED: on the south side of Highway 32:3/4 mile west of Meridian Road. at 4133 Highway •32, west of Chico AP#: 039-600-010 TOWN/AREA: Chico GENERAL PLAN DESIGNATION: Orchard & Field Crops 1. Application complete: September 22, 1997 Amount: $ Receipt #: 2. Comments sent to: E.H.. LAFCO, DEV. SERV.. P.W.. BUILDING, AG. COMM.. CDF 3. Comments received from: Ems=6kc\� e t����c C.�a(' L Ay Ca . V—_j(-e, �eF 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Steve Betts 7. Environmental Determination: State Clearinghouse No: �LA Categorical Exemption-CEQA# 3 Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: No Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: ��ts 9. Clearinghouse circulation required: Yes No -4— Date Sent to SCH: 10. Publication Notice Written: ��" / %�`�! % Display Ad Prepared: 11. Notices Mailed: ��' lr % Number of Notices: 12. Newspaper Publication Date: �� a S� O (C 1 P G B 13. Planning Commission Hearing(s): 9 % 0 9 Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Type Use Permit/Send for signature: 16. N.O.E. / N.O.D. / APPENDIX G: u�,� 4'� j `r Fish & Game Fees Paid: Yes .NLA No 17. Send validated Use 18. Assessor's Memo: 19. Copy of Use Permit / Variance to Planning Technician: i rE 1`f� Planning-Division -EP2 2-1997 oroville, California sm AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Department of Development Services, Planning Division DATE: November 12, 1997 REQUEST: Use Permit 98-07 for Patricia Hamilton (D.B.A. House of Mercyl (Applicant): A Use Permit request to allow a group home for 14 women and three staff members in an A-40 (Agricultural, 40 -acre minimum parcel size) zone, identified as APN 039-600-011, located on the south side of Highway 32, approximately 3/4 mile west of Meridian .Road., at 4133 Highway 32, Chico. The project site is located in Supervisorial District 4. RELATED ITEMS: None FOR: Planning Commission Meeting of December 11, 1997 SUMMARY: Staff recommends approval of this application subject to the findings and conditions contained herein. APPLICABLE BUTTE COUNTY REGULATIONS: This Use Permit application is submitted pursuant to Butte County Code Sections: 24-45 (Use Permits) which requires that an application be submitted and a public hearing be held by the Planning Commission. The Commission may grant a Use Permit when it finds that 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 properties, or detrimental to the health or general welfare of the persons residing or working in the neighborhood, or to the general health, safety and welfare of the residents of the county; and 24-90.C.1 (A-40 Zone) which requires that a conditional Use Permit be obtained for quasi -public uses. 24-305.450 - Definition of a Quasi -Public Use: A use operated by a private non-profit, religious, ...association or organization, said use having the purpose primarily of serving the general public... PROJECT CHARACTERISTICS: This project is a Use Permit request to allow a group home for 14 women and one full-time staff member. The project site is 40 acres in size, and is zoned ■ Butte County Department of Development Services ■ Planning Division ■ A-40 (Agricultural, 40 -acre minimum parcel size). The Land Use Element Map of the Butte County General Plan designates the project site as Orchard and Field Crops. The A-40 Zoning Ordinance requires that a conditional Use, Permit be obtained for quasi -public uses. Quasi - public uses are listed as a Secondary Use in the Orchard and Field Crops General Plan designation. The project site is developed with a 5,000 sq. ft. dwelling unit, built-in swimming pool, and a pond. The house contains two large family rooms, four bathrooms, and four bedrooms, one of which is being used as an office. The remainder of the parcel consists of young plum orchards. Access to the parcel is via a long private driveway off of Highway 32. The dwelling unit sits back approximately 1/3 mile from Highway 32. Domestic water is obtained by an on-site well, and sewage disposal is handled by an on-site septic system. Parcels surrounding the project site are zoned A-40 and have a General Plan Land Use Designation of Orchard and Field Crops. Land use on surround parcels is agricultural, either orchards or row crops. The group home use has already been established at the project site, and was opened on September 22 of this year without benefit of a required Use Permit. The House of Mercy had been in operation in Chico, but was denied a Use Permit at that location. The group home use generated a significant amount of public concern and opposition at the previous location. The House of Mercy use is considered a quasi -public use. It is a non-profit organization, and has been certified by the IRS as such. The House of Mercy serves the public good by helping women get off of drugs and back into mainstream society. ANALYSIS: The House of Mercy is a non-profit, religiously -based group home. The goal of the House of Mercy is to provide a home for women who have substance abuse problems. These women have been convicted of substance -abuse crimes and are sentenced to House of Mercy as an alternative to institutionalized incarceration. No one sentenced to House of Mercy has committed crimes of violence, property crimes, or crimes against other people. All residents are personally screened by a judge to determine their suitability to benefit from the alternative sentencing program House of Mercy offers. The average length of stay in the program varies between six months to a year. The applicants intend to provide living facilities for up to 14 residents and 1 full-time.staff member. There will be two staff members (the Hamiltons) who will not live at the residence. The residents of the House of Mercy are not allowed off the property alone unless accompanied by a staff member. The residents do not work off of the property, but do leave the property to attend counseling sessions, school classes, medical appointments, attend church, etc. The activities of the residents are tightly controlled, and a regular schedule is adhered to. While at the House of Mercy the residents attend bible study classes and 12 -step sessions. They also learn responsibility by sharing in cooking, cleaning, and yard work duties. The residents are ■ Butte County Department of Development Services ■ Planning Division ■ 2 allowed only two violations of the group home rules; a third violation will result in dismissal from the program and a return to jail. The House of Mercy does not allow any alcohol or drug use. Prescription medications for the residents are controlled by the staff. Visitors are allowed to come to the group home for supervised visits only on Saturdays, from 1:00 pm to 4:00 pm. All visitors are pre -identified, and no drop in visitors are allowed. Instructors or counselors come to the House of Mercy on periodic occasions to lead classes or counseling sessions. The House of Mercy group home use may generate more vehicle traffic than a single family residence in a rural area would. However, the increase will not be significant and will not have an impact to vehicle traffic operations on Highway 32. The activities of the residents of the House of Mercy are tightly controlled, though there is no absolute guarantee that a resident will not leave without permission and engage in some type of unauthorized activity on the surrounding parcels. However, there are no nearby dwelling units and the lands surrounding the project site are all in agricultural production. The agricultural use of the project site will not be significantly impacted by the House of Mercy group home use. The dwelling unit has already been built and most of the remaining lands have been planted with plum orchards. The residents of the House of Mercy may be exposed to agricultural chemicals if they should be outside when the orchards are sprayed, or if the residents walk through the orchards just after spraying. However, the residents can be told to stay inside or leave the project site while spraying activity occurs, and to stay out of the orchards after spraying has occurred. Residents may be exposed to dust and noise related to agricultural operations, but this is not expected to be significant. The Agricultural Commissioner's Office had no objections to this project. COMMENTS FROM OTHER AGENCIES: The Butte County Fire Department has requested that building identification and/or addresses be installed in conformance with Public Resources Code 4290 and that an all-weather access at least 10 feet wide and capable of carrying a 40,000 pound fire apparatus be provided to all structures. These have been added as conditions of approval to this project. The Butte County Building Department has requested the proposed use comply with the Uniform Building Code for property line clearances considering use, area; and fire -resistiveness of existing buildings. They are also requesting that the existing building comply with current Building and Zoning regulations for the intended new use of the building and that plans be submitted and obtain permits prior to any building modifications. The Department of Public Works has requested that the project site's access point on Highway 32 meet Caltrans standards. Comments were requested from Caltrans, but none were received. ■ Butte County Department of Development Services ■ Planning Division ■ 3 The Butte County Environmental Health Division has recommended several conditions for project approval. They are requesting that potable water be verified and that the septic system be sized to accommodate the occupancy of the dwelling unit. In addition, the Environmental Health Division has stated that the swimming pool on the site falls within the State definition of a public pool and as such is required to have specific fencing, signage, and water monitoring requirements. These recommendations have been added as conditions of project approval. The applicant has stated that they will not be able to immediately increase the size of the septic system and bring the pool up to public pool standards due to the costs involved. According to the Environmental Health Department, a permit to increase the septic system can be taken out - by the applicant who would then have one year to make the required improvements. A fence could be placed around the pool to prevent anyone for using it, but if it is used the pool must be brought up to public pool standards. The pool will not be used until next summer, at which time the applicant may have sufficient funds to make the required improvements. Item 2 in Exhibit A requires that all conditions be completed within 90 days of the date of Use Permit approval. The Planning Commission may wish to consider allowing the applicant additional time to meet the requirements of the Environmental Health Department. 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 existing small structures from one use to another. RECOMMENDATION: Staff is recommending that a Use Permit be granted for the House of Mercy on AP 039-600-010 subject to the findings and conditions contained in Exhibit "A," attached. If the Commission can not make the required findings to approve the project, the appropriate action would be to make a motion of intent to deny and provide Staff direction to make the necessary findings. Attachments: A: Vicinity Map B: Site Plan K: \P R O J E CTS\U P C\H A M I LTO N. DA'RHA M I LTO N .RPT EXHIBIT A USE PERMIT ■ Butte County Department of Development Services ■ Planning Division ■ 4 BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 98-07 PERMIT NO. 039-600-010 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Patricia Hamilton (D.B.A. House of Mercy) is hereby granted a Use Permit in accordance with application filed: September 22, 1997,.to allow a group home for up to seventeen people, including staff, in an A-40 (Agricultural, 40 -acre minimum parcel size) zone, identified as APN 039-600-010, at 4133 Highway 32, 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. eL 2. If any condition for this use permit has not been completed within 40tkLys of the date of this approval, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 3. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. FINDINGS: Section 1: Environmental Findings. A. This project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303(c), conversion of existing small structures from one use to another; and Section 2: Zoning Ordinance Findings. A. The proposed use 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 be detrimental to the health and general welfare of the persons ■ Butte County Department of Development Services ■ Planning Division ■ residing or working in the neighborhood, or to the general health, safety, and welfare of the residents of the County because: 1. The operational characteristics of the facility are essentially the same as a residential use; and 2. The parcel is located a considerable distance from other residential uses; and 3. The size of the dwelling unit is suited for the number of people proposed and the septic system can be easily upgraded to accommodate the proposed number of people; and 4. The proposed use will not have an impact on the agricultural uses on the property; and B. The proposed project is conditionally consistent with the A-40 Zone and is a Secondary Use under the Orchard and Field Crops General Plan designation; 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 Patricia Hamilton (D.B.A. House of -Mercy) on APN . 039-600-010 to allow a group home for up to seventeen (17) people, including staff members. Approval shall be subject to the following conditions: B. Conditions of Approval: 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). Submit plans and obtain permit prior to any building modifications. Plans shall be prepared by a licensed architect or registered engineer authorized to practice in the State of California. 3. Verify potable water; At the very least, this will require a water sample for coliform. Applicant must arrange for sample to be taken. by the Environmental Health Department. 4. Upgrade septic system to adequate size. System shall be sized to accommodate occupancy of house. This will require a County permit. ■ Butte County Department of Development Services ■ Planning Division ■ R 5. Existing swimming pool shall be upgraded to meet State requirements for a public pool, and then permitted by the Environmental Health Department. 6. 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. 7. 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. 8. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. , -OL._ 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. CC: Land Development Division Building Division Health Department Department of Forestry Butte County Planning Commission Chairman c- �,M 8 0't off- a pp MJ4l ■ Butte County Department of Development Services ■ Planning Division ■ 7 I 97-324 House of.Mercy - consideration of a request, pursuant -to Butte County 'Code-f.Section 3-40-.5, for.,a waiver of •'application fees - for a use'�permit to establish -the' House -of "Merdy group home," APN 039=.600-010;'property located on the -south side of Highway 32, appr6ximately••3/4"!miles -west of Me.ri'dian Road,' west' of Chico77actiont.reques6ed'7- WAIVE 'LAPPLICATION-FEES OF $1, 018.00' AS REQUESTED.";;(595 ;(595) +� bvo 1z fit? MOTION. ••`I MOVE', TO :,WAIVE' APPLICATIONPIFEES < OF'- $1f, 018'.00 AS T.," 'REQUESTED.- �+� � � "SgZ� t;; _'��'::, v n.S s VOTE: 1 Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES'- October 14, 1997 �_ • DEPARTMIJIT OF DEVELOPME.Of SERVICES BUTTE COUNTY UNIFORM APPLICATION Arri.i%-Atv i: Agent intormanon to ne proviaea is on other side: APPLICANT'S NAME ( If applica t is different from or an affidavit is required) ASSESSOR'S PARCEL NUMBER: m/STC f' '-� `l - (,:goo - 610 ADDRESS: CITY. STATE & ZIP CODE: FILE NUMBER: (FOR OFFICE USE) 1 L( a D C A 7` V2 Q e- If -6-9K(,4 5s9s '?e--0-7NAME OF PROPOSED PROJECT ( If any ) TELEPHONE _ Sc—e� V%?��C y (ql(o) 346--&,'7%(,'1 LOCATION OF PROJECT ( Major cross streets and Address, if any ) 6-t4Li7 Ate/3 z, �i+Ic_v 9S,7-73 _ GE&TERAL INFORMATION REQUIRED OWNER'S NAME o� fl �-- c �A ❑ GENERAL PLAN AMENDMENT TELEPHONE ' o 6c 0) b7f ADDRESS: CITY. STATE & ZIP CODE: P O . 3Qo(o u C' CA R �5- 442 ZONE A Y01 GENERAL PLAN EXISTING LAND USE V ITE SIZE ( in Square Fut or Acres ) 41v t7s CT Ll U /¢C 4-<S EXISTING STRUCTURES (in Square Feet) ❑ BOUNDARY LINE MODIFICATION PROPOSED STRUrw( in Square Feet ) s h ❑ LEGAL LOT DETERMINATION oo Tt— oma ❑ CERTIFICATE OF MERGER Check One) ❑ MINING AND RECLAMATION PLAN (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ OTHER ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY 1S OR PROPOSED TO BE ON WELL WATER F APPLICATION REQUESTEDVp FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division , describe the number and size of parcels.)—,—a ou o C S o -L _-� is c1 YYl c Planning Department SFP 1 2 199Z OWNER CERTIFICATION I CERTIFY THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OFTHE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an a ant is to be authorized, execute an affidavit of authorization an ludo the affidavit with t ' p)i ation.) DATE: 7L; y/e :2 SIGNATURE: ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ❑ REZONE ❑ TENTATIVE PARCEL MAP USE PERMIT E3WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER PROJECT DESCRIPTION ' FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division , describe the number and size of parcels.)—,—a ou o C S o -L _-� is c1 YYl c Planning Department SFP 1 2 199Z OWNER CERTIFICATION I CERTIFY THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OFTHE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an a ant is to be authorized, execute an affidavit of authorization an ludo the affidavit with t ' p)i ation.) DATE: 7L; y/e :2 SIGNATURE: AGENT AUTHORIZATI(M To Butte County, Department of Development Services; Print Name of Agent and Phone Number Mailing Address is hereby authorized to process this applicatio for: on my property, idcntificd as Buttc County Asscssor Parccl Numbcr: 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 title interest. Owner(s) of Record: (sign and print name) Print Name Print Name Signature Signature Architect and/or Engineer: Print Name of Architect/E.ngineer and Phone Number Mailing Address Current fee for this application is $ as of Make check payable to `Butte County Treasurer". Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. FOR OFFICE USE ONLY Taken by Date Received: Total Amount Received: Receipt No. A Planning E.H. Land Dev. Fire Dept. 'AP Number(s) _ Legal Description _ Owners"Authorization _ Zoning Requirements Project Description — Copies of Plot Plan 7W. COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) o/ Date Filed l� a a" General Information: 1. Name and address of owner, and/or deve oper, and/or prof�sp sponsor: P A,- ,(C f% 'f tib M 1 �TO� gaEA-T �-b$t% r� ' "5- 2. 2. Address of project: CCcs. Cf+ S 7 Assessor's Parcel Number: 0 3. Name, address, and telephppn - number of erso to be cRntacted concerning this project: YY\ C5- L : Cl- - - 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Existing general plan designation: �- 6. Existing zoning district: 7. How is land currently used? M I V.— 7 ff- D v b w '& V 8. Proposed use of site (Project for which this form is filed): Q, ©v 71 N v kn Project Description: 9. Site size: I -c k Z S (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: 20 Compact: Total: 11. Plans attached Yes v"'No _ 12. Proposed development schedule 13. Associated 14. Anticipated incremental or phased development I Ei'C Attach description of project containing the following information:. 15.. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. (v�A 17. If industrial, indicate type, estimated employment per shift, and loading facilities.. N�ar ann ng Department 0 Butte County Department of Development Services 0 Planning Division 0 SEP Z Z 9997 1 Croville, California 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. _ 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. _ 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. _ 26. Substantial change in existing noise or vibration levels in the vicinity. _ 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. _ Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger -project or series of projects. _ me Planning Department 0 Butte County Department of Development Services 0 Planning Division El SEP 2 21997 Oroviile, California N Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants .and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroidhotos will be accepted. T- lak � to-nA' ?k'J w. o t-c1%Q�s , S, 000 s9.4. VAo�.M C_ w9 Pool -6 cQ r` PO f+ 33. Describe the surrounding properties, including information on plants and animals and any cultural,historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. F\ak qg �arcl , orc�\acd s , rota cmp5 Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Signature for 7ER K:\FORMS\SUBMITTAL\ENV-INFO Planning Department SEP 2 2 1997 Oroville, California ❑ Butte County Department of Development Services ❑ Planning Division ❑ 3 ffatte, Count L A N D O F N A T U R A L W E A L T H A N D BEAUTY ....e4 December 16, 1997 Patricia Hamilton 14204 Decatur Dr. Magalia, CA 95954 Re: Use Permit, AP 039-600-010, UP 98-07 Dear Ms. Hamilton PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 At the regular meeting of the Butte County Planning Commission held December 11, 1997, your request for a Use Permit for a group home for 14 women, was approved subject to the conditions listed on:the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.m., Monday, December 22, 1997. The appeal deposit of $250.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar - day appeal period, the action of the Planning Commission is final. A Notice of Exemption (NOE) should be filed for purpose of completing the California environmental quality Act requirements. The fee for filing the NOE is a $25.00 document handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. Please be aware that failure to return the signed copies within 40 calendar days will invalidate the Planning Commission's approval. Re-application to this Division would then be necessary. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by registered mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Steve Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, itI _. - . --_ Lynn Richardson Planning/Administrative Support Service Assistant k:Vorms\approvup.frm APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 _X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: UP 98-07, Use Permit Assessor's Parcel No.: 039-600-010 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Applicant: Patricia Hamilton, 14204 Decatur Dr., Magalia, CA 95954 Project Location -Specific: on the south side of Highway 32, 3/4 mile west of Meridian Road, at 4133 Highway 32, west of Chico Project Location -City: Chico Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Use Permit for a group home for 14 women Name of Person or Agency Approving Project: Butte County Planning Commission Exempt Status: (Check (One) Ministerial (Sec. 15073) JAN 131998 Declared Emergency (Sec. 15071(a)) ANDARUBS-" , ae Co. Clerk Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number: 15303 (a) epUt j Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Contact Person: Steve Betts If filed by applicant: Telephone: (530) 538-7601 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received,For Filing:. t Signaturet,baig Sanders Senior Planner j:\linda\noe.nod\noe#3 • DECLARATION OF FEES DUO* (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Patricia Hamilton 14204 Decatur Dr. Magalia, CA 95954 (530)345-6866 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee () B. De Minimus Impact —Certificate of Fee Exemption . $25.00 Clerk's Documentary Handling Fee 2. NOTICE .OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. O OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #16159 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Craig Sanders Title: Senior Planner Lead Agency: Butte County Department of Development Services Date: December 30, 1997 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. ' OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 16159 • ISSUED BY .7 'w� m ��! r Y-": I DATE RECEIPT TOTAL PUBLIC LAFCO USE VARIANCES PUBLIC ONI.G ENV OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS PERMITS DOCUMENTS HEALTH OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 16159 • ISSUED BY Patricia Hamilton - (Item determined to be categorically exempt from environmental review) Use Permit for a group home for 14 women on property zoned A-40 (Agricultural - 40 acre parcels) located on the south side of Highway 32, 3/4 mile west of Meridian Road, at 4133 Highway 32, identified as APN 039-600-010, Chico. (UP98-07) (SB) (VIDEO) A video W the site was shown. Mr. Betts gave a brief summary of the project. He discussed the conditions for expanding the septic system and the requirements to use the pool. _ v Commissioner Leland stepped down from t �. as. PP _ . The hearing was opened to the public. Commissioner Cage asked how many women .per bedroom and about the sleeping arrangements? ' Mrs. Hamilton said there would be bunk beds and that one of the bedrooms was very large. She said there will be a staff person living on the property. Chairman Lambert was concerned with only one staff person in charge of 14 women. Mrs. Hamilton said during the day for outside appointments, there will be more staff and volunteer help. She said walking and exercise will be confined to the property. Chairman Lambert suggested the Use Permit be reviewed in a year for compliance with the conditions. Mr. Hamilton said they will not be living there, but will be at the site every day. He said they will have strict regulations from.the courts to follow. Mr. Leland, speaking as a private citizen, said his family owns the orchards to the east. He said this was a good location for this use. He was in favor of the permit. The hearing was closed. Mr. Sanders said the Use Permit was modified for 90 days to comply with conditions, but said the Commission could change the time line. It was moved by Commissioner Nelson, seconded by Commissioner Cage, and carried for approval changing the 90 day compliance to 2 years with a one year review by staff. If there are no problems, there will be no need to bring this back to the Commission. Staff to update the Commission by memo. Approval subject to the findings and conditions as listed in Exhibit A as follows: FINDINGS: 0 Butte County Planning Commission Minutes - December 11, 1997 0 Section 1: Environmental Findings. A. This project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303(c), conversion of existing small structures from one use to another; and Section 2: Zoning Ordinance Findings. A. The proposed use 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 be detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, safety, and welfare of the residents of the.County because: 1. The operational characteristics of the facility are essentially the same as a residential use; and 2. The parcel is located a considerable distance from other residential uses; and 3. The size of the'dwelling unit is suited for the number of people proposed and the septic system can be easily upgraded to accommodate the proposed number of people; and 4. The proposed use will not have an impact on the agricultural uses on the property; and B. The proposed project is conditionally consistent with the A-40 Zone and is a Secondary Use under the Orchard and Field Crops General Plan designation; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2of this report, move to approve the Use Permit for Patricia Hamilton (D.B.A. House of Mercy) on APN 039-600-010 to allow a group home for up to seventeen (17) people, including staff members. Approval shall be subject to the following conditions: B. Conditions of Approval: 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). Submit plans and obtain permit prior to any building modifications. Plans shall be prepared by 0 -Butte County Planning Commission Minutes - December 11, 1997 0 a licensed architect or registered engineer authorized to practice in the State of California. 3. Verify potable water; At the very least, this will require a water sample for coliform. Applicant must 'arrange for sample to be taken by the Environmental Health Department. 4. Upgrade septic system to adequate size. System shall be sized to accommodate occupancy of house. This will require a County permit. 5. Existing swimming pool shall be upgraded to meet State requirements for a public pool, and then permitte&by the Environmental Health Department. 6. 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. 7. 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. j 8. Applicant must also comply -with all other applicable State and local statutes-, - ordinances and regulations. AYES: Commissioners Cage, Mooney, Nelson, and Chairman Lambert NOES:'No one 'ABSENT.: Commission Leland (from this item) ABSTAINED: No one • 0 Butte County Planning Commission Minutes - December 11, 1997 0 AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Department of Development Services, Planning Division DATE: November 12, 1997 REQUEST: Use Permit 98-07 for Patricia Hamilton (D.B.A. House of Mercy) (ApplicantZ: A Use Permit request to allow a group home for 14 women and three staff members in an A-40 (Agricultural, 40 -acre minimum parcel size) zone, identified as APN 039-600-010, located on the south side of Highway 32, approximately 3/4 mile west of Meridian Road., at 4133 Highway 32, Chico. The project site is located in Supervisorial District 4. RELATED ITEMS: None FOR: Planning Commission Meeting of December 11, 1997 SUMMARY: Staff recommends approval of this application subject to the findings and conditions contained herein. APPLICABLE BUTTE COUNTY REGULATIONS: This Use Permit application is submitted pursuant to Butte County Code Sections:.. 24-45 (Use Permits) which requires that an application be submitted and a public hearing be held by the Planning Commission. The Commission may grant a Use Permit when it finds that 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 properties, or detrimental to the health or general welfare of the persons residing or working in the neighborhood, or to the general health, safety and welfare of the residents of the county; and 24-90.C.1 (A-40 Zone) which requires that a conditional Use Permit be obtained for quasi -public uses. 24-305.450 - Definition of a Quasi -Public Use: A use operated by a private non-profit, religious, ...association or organization, said use having the purpose primarily of serving the general public... PROJECT CHARACTERISTICS: This project is a Use Permit request to allow a group home for 14 women and one full-time staff member. The project site is 40 acres in size, and is zoned ■ Butte County Department of Development Services ■ Planning Division .■ 1 +� s A-40 (Agricultural, 40 -acre minimum parcel size). The Land Use Element Map of the Butte County General Plan designates the project site as Orchard and Field Crops. The A-40 Zoning Ordinance requires that a conditional Use Permit be obtained for quasi -public uses. Quasi - public uses are listed as a Secondary Use in the Orchard and Field Crops General Plan designation. The project site is developed with a 5,000 sq. ft. dwelling unit, built-in swimming pool, and a pond. The house contains two large family rooms, four bathrooms, and four bedrooms, one of which is being used as an office. The remainder of the parcel consists of young plum orchards. Access to the parcel is via a long private driveway off of Highway 32. The dwelling unit sits back approximately 1/3 mile from Highway 32. Domestic water is obtained by an on-site well, and sewage disposal is handled by an on-site septic system. Parcels surrounding the project site are zoned A-40 and have a General Plan Land Use Designation of Orchard and Field Crops. Land use on surround parcels is agricultural, either orchards or row crops. The group home use has already been established at the project site, and was opened on September 22 of this year without benefit of a required Use Permit. The House of Mercy had been in operation in Chico, but was denied a Use Permit at that location. The group home use generated a significant amount of public concern and opposition at the previous location. The House of Mercy use is considered a quasi -public use. It is a non-profit organization, and has been certified by the IRS as such. The House of Mercy serves the public good by helping women get off of drugs and back into mainstream society. ANALYSIS: The House of Mercy is a non-profit, religiously -based group home. The goal of the House of Mercy is to provide a home for women who have substance abuse problems. These women have been convicted of substance -abuse crimes and are sentenced to House of Mercy as an alternative to institutionalized incarceration. No one sentenced to House of Mercy has committed crimes of violence, property crimes, or crimes against other people. All residents are personally screened by a judge to determine their suitability to benefit from the alternative sentencing program House of Mercy offers. The average length of stay in the program varies between six months to a year. The applicants intend to provide living facilities for up to 14 residents and 1 full-time staff member. There will be two staff members (the Hamiltons) who will not live at the residence. The residents of the House of Mercy are not allowed off the property alone unless accompanied by a staff member. The residents do not work off of the property, but do leave the property to attend counseling sessions, school classes, medical appointments, attend church, etc. The activities of the residents are tightly controlled, and a regular schedule is adhered to. While at the House of Mercy the residents attend bible study classes and 12 -step sessions. They also learn responsibility by sharing in cooking, cleaning, and yard work duties. The residents are ■ Butte County Department of Development Services ■ Planning Division ■ 2 allowed only two violations of the group home rules; a third violation will result in dismissal from the program and a return to jail. The House of Mercy does not allow any alcohol or drug use. Prescription medications for the residents are controlled by the staff. Visitors are allowed to come to the group home for supervised visits only on Saturdays, from 1:00 pm to 4:00 pm. All visitors are pre -identified, and no drop in visitors are allowed. Instructors or counselors come to the House of Mercy on periodic occasions to lead classes or counseling sessions. The House of Mercy group home use may generate more vehicle traffic than a single family residence in a rural area would. However, the increase will not be significant and will not have an impact to vehicle traffic operations on Highway 32. The activities of the residents of the House of Mercy are tightly controlled, though there is no absolute guarantee that a resident will not leave without permission and engage in some type of unauthorized activity on the surrounding parcels. However, there are no nearby dwelling units and the lands surrounding the project site are all in agricultural production. The agricultural use of the project site will not be significantly impacted by the House of Mercy group home use. The dwelling unit has already been built and most of the remaining lands have been planted with plum orchards. The residents of the House of Mercy may be exposed to agricultural chemicals if they should be outside when the orchards are sprayed, or if the residents walk through the orchards just after spraying. However, the residents can be told to stay inside or leave the project site while spraying activity occurs, and to stay out of the orchards after spraying has occurred. Residents may be exposed to dust and noise related to agricultural operations, but this is not expected to be significant. The Agricultural Commissioners Office had no objections to this project. COMMENTS FROM OTHER AGENCIES: The Butte County Fire Department has requested that building identification and/or addresses be installed in conformance with Public Resources Code 4290 and that an all-weather access at least 10 feet wide and capable of carrying a 40,000 pound fire apparatus be provided to all structures. These have been added as conditions of approval to this project. The Butte County Building Department has requested the proposed use comply with the Uniform Building Code for property line clearances considering use, area, and fire -resistiveness of existing buildings. They are also requesting that the existing building comply with current Building and Zoning regulations for the intended new use of the building and that plans be submitted and obtain permits prior to any building modifications. The Department of Public Works has requested that the project site's access point on Highway 32 meet Caltrans standards. Comments were requested from Caltrans, but none were received. ■ Butte County Department of Development Services ■ Planning Division ■ 3 The Butte County Environmental Health Division has recommended several conditions for project approval. They are requesting that potable water be verified and that the septic system be sized to accommodate the occupancy of the dwelling unit. In addition, the Environmental Health Division has stated that the swimming pool on the site falls within the State definition of a public pool and'as such is required to have specific fencing, signage, and water. monitoring requirements. These recommendations have been added as conditions of project approval. The applicant has stated that they will not be able to immediately increase the size of the septic system and bring the pool up to public pool standards due to the costs involved. According to the Environmental Health Department, a permit to increase the septic system can be taken' out by the applicant who would then have one year to make the required improvements. A fence could be placed around the pool to prevent anyone for using it, but if it is used the pool must be brought up to public pool standards. The pool will not be used until next summer, at which time the applicant may have sufficient funds to make the required improvements. Item 2 in Exhibit A requires that all conditions be completed within 90 days of the date of Use Permit approval. The Planning Commission may wish to consider allowing the applicant additional time to meet the requirements of the Environmental Health Department. 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 existing small structures from.one use to another. RECOMMENDATION: Staff is, recommending that a Use Permit be granted for the House of Mercy on AP 039-600-010 subject to the findings and conditions contained in Exhibit "A," attached. If the Commission can not make the required findings to approve the project, the appropriate action would be to make a motion of intent to deny and provide Staff direction to make the necessary findings. Attachments: A: Vicinity Map B: Site Plan K:\PROJECTS\UPCXHAMILTON.DA-RHAMILTON.RPT EXHIBIT A USE PERMIT ■ Butte County Department of Development Services ■ Planning Division ■ 4 BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 99-07 PERMIT NO. 039-600-010 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Patricia Hamilton (D.B.A. House of Mercy) is hereby granted a Use Permit in accordance with application filed: September 22, 1997, to allow a group home for up to seventeen people, including staff, in an A-40 (Agricultural, 40 -acre minimum parcel size) zone, identified as APN 039-600-010, at 4133 Highway 32, Chico. L 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. If any condition for this use permit has not been completed within 90 days of the date of this'approval, the permit shall become null.and void and reapplication and a new permit shall.be required to establish the use. 3. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. FINDINGS: Section 1: Environmental Findings. A. This project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303(c), conversion of existing small structures from one use to another; and Section 2: Zoning Ordinance Findings. A. The proposed use 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 be detrimental to the health and general welfare of the persons ■ Butte County Department of Development Services ■ Planning Division ■ :7 CJ residing or working in the neighborhood, or to the general health, safety, and welfare of the residents of the County because: 1. The operational characteristics of the facility are essentially the same as a residential use; and 2. The parcel is located a considerable distance from other residential uses; and 3. The size of the dwelling unit is suited for the number of people proposed and the septic system can be easily upgraded to accommodate the proposed number of people; and 4. The proposed use will not have an impact on the agricultural uses on the property; and B. The proposed project is conditionally consistent with the A-40 Zone and is a Secondary Use under the Orchard and Field Crops General Plan designation; 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 Patricia Hamilton (D.B.A. House of Mercy) on APN 039-600-010 to allow a group home for up to seventeen (17) people, including staff members. Approval shall be subject to the following conditions: B. Conditions of Approval: 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 ands. Zoning regulations for the intended new use of the building(s). Submit plans and obtain permit prior to any building modifications. Plans shall, be prepared by a licensed architect or registered engineer authorized to practice in the State of California. 3. Verify potable water; At the very least, this will require a water sample for coliform. Applicant must arrange for sample to be taken by the Environmental Health Department. 4. Upgrade septic system to adequate size. System shall be sized to accommodate occupancy of house. This will require a County permit. ■ Butte County Department of Development Services ■ Planning Division ■ 5. Existing swimming pool shall be upgraded to meet State requirements for a public pool, and then permitted by the Environmental Health Department. 6. 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. 7. 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. 8. 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. 01 Butte County Planning, Commission, Chairman CC: Land Development Division Building Division Health Department Department of Forestry ■ Butte County Department of Development Services ■ Planning Division ■ 7 USE PERMIT BUTTE COUNTY PLANNING COMMISSION JAN 2 7 1998 DATE: (Certified Mail Rec.) UP 98-07 PERMIT .NO. 039-600-010 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Patricia Hamilton (D.B.A. House of Mercy) is hereby granted a Use Permit in accordance with application filed: September 22, 1997, to allow a group home for up to seventeen people, including staff, in an A-40 (Agricultural, 40 -acre minimum parcel size) zone, identified as APN 039-600=010, at 4133 Highway 32, 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. If any condition for this use permit has not been completed within 90 days of the date of this approval, the permit shall become null and void and reapplication and anew permit shall be required to establish the use. 3. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, .successors, and assigns of the Permittee. FINDINGS: Section 1: Environmental Findings. A. This project is categorically exempt from the California Environmental Quaiity Act pursuant to Section 15303(c), conversion of existing small structures from one use to another; and Section 2: Zoning Ordinance Findings. A. The proposed use 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 be detrimental to the health and general welfare of the persons. residing or working in the neighborhood, or to the general health, safety, and welfare of the residents of the County because: 1. The operational characteristics of the facility are essentially the same as a residential use; and 2. The parcel is located a considerable distance from other residential uses; and 3. The size of the dwelling unit is suited for the number of people proposed and the septic system can be easily upgraded to accommodate the proposed number of people; and 4. The proposed use will not have an impact on the agricultural uses on the property; and B. The proposed project -is conditionally consistent with the A-40 Zone and is a Secondary Use under the Orchard and Field Crops General Plan designation; 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 Patricia Hamilton (D.B.A. House of Mercy) on APN 039-600-010 to allow a group home for up to seventeen (17) people, including staff members. Approval shall be subject to the following conditions: B. Conditions of Approval: 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). Submit plans and obtain permit prior to any building modifications. Plans shall be prepared by a licensed architect or registered engineer authorized to practice in the State of California. 3. Verify potable water; At the very least, this will require a water sample for coliform. Applicant must arrange for sample to be taken by the Environmental Health Department. 4. Upgrade septic system to adequate size. System shall be sized to accommodate occupancy of house. This will require a County permit. 5. Existing swimming pool shall be upgraded to meet State requirements for a public pool, and then permitted by the Environmental Health Department. 6. 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. 7. 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. 8. 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: ) �---/ '-Lo Q� v 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. Butt ounty Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry APPRO%D JAN ?7veyggment Plan DATE USE PERMIT ✓VARIANC MI ......... .... . - 40. ^Tai l_l r? er f �7 5 i /lam o �g- �_ ,oma � - -_. _•�• -- — -- I N 1 GN 0� GL-,L,,)Qy22°rl3-D18 - - _ T- I � i ilk' 9B-0-7 NOTA 4�--j )1IFPL1,C4 l' L: 039 600 010 000 STATUS:' � ACTIVE TIMCOR FINANCIAL CORPORATION 111500.W OLYMPIC BLVD #425 LOS ANGELES CA 90064 L: 039 600 008 000 STATUS: ACTIVE MARJON ENTERPRISES INC ETAL P 0 BOX 536 BIGGS CA 95917 L: 039 6000 013 000 STATUS: INACTIVE DIVINE FARMS LIMITED PARTNERSHIP ETAL P O BOX 3665 YUBA CITY CA 95992 L: 042 290 018 000 STATUS: ACTIVE HIGHTOWER WILLIE D & ELSIE M LIVING TRUS 12370 MERIDIAN ROAD CHICO CA 95926 L: 042 290 020 000 STATUS: ACTIVE VANELLA DARYL NICHOLAS LIVING REV TRUST VANELLA DARYL TRUSTEE 1501 GILBERT LN CHICO CA 95926 L: 042 290 021 000 STATUS: ACTIVE PAIVA JAMES M & GERALDINE ETAL 13193 CARMEN LN CHICO CA 95926 L: 042 290 025 000 STATUS: ACTIVE PUTNAM PHILIP & BARBARA 12360 MERIDIAN RD CHICO CA 95973 L: 042 290 027 000 STATUS: ACTIVE VANELLA BOB & SUSAN D REV TRUST ETAL VANELLA BOB & SUSAN D TRUSTEES 3068 CHICO AVE CHICO CA 95926 L: 042 290 028 000 STATUS: ACTIVE BILLINGS ROBERT E & CAROLYN V 12390 MERIDIAN ROAD CHICO CA 95926 L: 047 190 014 000 STATUS: ACTIVE B E GIOVANNETTI & SONS P-0 BOX 328 YOLO CA 95697 L: 047 190 030 000 STATUS: ACTIVE WOFFORD DEAN S & CELYNDA P 0 BOX 6070 CHICO CA 95927-6070 L: 042 300 013 000 STATUS: ACTIVE WAMPLER BRUCE 3640 HWY 32 CHICO CA 95926 L: 042 300 015 000 STATUS: ACTIVE BROOKSHIRE TRUST STOTT JAY B & 0 JANE TRS P 0 BOX 214 CHICO CA 95927 L: 047 190 029 000 STATUS: ACTIVE MILLER DWIGHT LARRY & BONNIE J 205 VALLEY VIEW PARADISE CA 95969 INTER -DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Honorable Chair and Board of Supervisors From: Planning Division Subject: Waiver of Use Permit Fees for the House of Mercy Date: September 30, 1997 Patricia Hamilton has submitted an application for a Use Permit to establish the House of Mercy group home in a new location in the County. The house is located on the south side of Highway 32, approximately 3/4 mile west of Meridian Road. The parcel is located in an area that is zoned A-40. The parcel is -40 acres in size, and contains a 5,000 sq. ft. home and plum orchards. There are no other nearby dwelling units. The parcel is located in Supervisorial District 4. A Use Permit is required to legally establish the House of Mercy at the new location. The House of Mercy is a quasi -public use, and quasi -public uses are allowed in the A-40 zone with a Use Permit. Patricia Hamilton is requesting that the Board of Supervisors waive the application fee of $1018.00 for the new Use Permit. Section 3-40.5 of the Butte County Code allows the Board of Supervisors to wave application fees. Section 3-40.5 states in part: "All or part of any fee specified in this Article may be waived, refunded or transferred to a related application upon the order of the Board of Supervisors, if the applicant is a public entity or non-profit charitable organization or if the Board finds that it is otherwise in the public interest to do so. The Planning Division recommends that the Board waive the application fee for a Use Permit for Bill and Patricia Hamilton. The findings for the waiver of fees are: 1.) The House of Mercy is an IRS -certified non-profit organization, and, 2.) The public interest is being served by the House of Mercy because they have a excellent success rate of getting women off of drugs and back into mainstream society, and, 3.) County staff will be able to accomplish the necessary reports with a minimum amount of work because staff is already familiar with the operating characteristics of the House of Mercy. TO: Building Manager • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Patricia Hamilton, UP 98-07 DATE: October 8,1997 CONTACT PERSON: Steve Betts The Planning Division has received an application for development of the below described property. The application is being reviewed 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit for a group home for 14 women on property zoned A-40 (Agricultural. 40 acre parcel) located on on the south side of Highway 32.3/4 mile west of Meridian Road, at 4133 Highway 32, west of Chico, identified as APN 039-600-010. It is within Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON February 12, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 22, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): SEC P4-66 Z. By: Date: ww 9� Planning Division Nev 0 4 1997 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-5.A8-78Htornia Orovi e, w APPLICANT: Patricia Hamilton DATE: October 8, 1997 AGENT: APN:039-600-010 FILE MUP 98-07 PLANNER: Steve Betts PROJECT DESCRIPTION: Use Permit for a group home for 14 women Those items checked are conditions of approval. 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 V/ 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(r-e-�® 'sem. sglawr P"W ` oWD aBrBT&V PEIIT ?P10/1 Ta AOJY �i4W411Jf oalR� � o�f.6 J°r s V#*" f96 M�2EP�42ED f3Y A �fG SBD /h2G`xF? o /sT-bAuTNo�zi> Td ?RAeT1cE !IJ 11/17 D� 0"e. Planning Division NO V 0 4 1997 Oroville, California 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 • INTER -DEPARTMENTAL MEMORANDUM To Ste hen Betts Plannin Division V I 9 From: Vance Severin, Environmental Health, Chico Subject: Pat'Hamilton Use Permit, 4133 Hwy. 32, Chico Date: October 29, 1997 I have been forwarded your memo dated. October 22, 1997 for comment regarding swimming pool issues. Enclosed are copies of Title 22, California Code of Regulations, sections 65501 and 65503, which define public swimming pools, as requested. Please note that section 65501 defines categories of pools potentially subject to public pool regulations. Section 65503 (a) and (c) states that all pool categories mentioned are subject to public pool regulations, exempting only private pools maintained by an individual for the use of family and friends, i.e. single family home pools. Several months ago I addressed pool licensing issues at residential care facilities after conferring with Craig Sanders, who advised me of the provisions of section 1566.3 of the California Health and Safety Code. The enclosed health licensing requirement policy dated February 19, 1997 was developed in accordance with this section and Planning Division guidance. Since the Hamilton group home is proposed for fourteen unrelated women the swimming pool must meet public pool structural, operational, and licensing requirements if available for use by occupants. Structural requirements for public pools are detailed and complex, and include factors which cannot easily be altered such as pool geometry, recirculation and purification equipment and related piping. An acceptable alternative may be to securely fence, lock, and post the pool so that it is not available for use by occupants until such time as it is upgraded and licensed, permanently closed (i.e. filled in), or the property is no -longer used as a group home. If fencing is the desired alternative, I recommend it meet public pool requirements, i.e. at least five feet in height, constructed so as to not be easily climbable. cc:Mike Huerta MikeBoian enclosure Planning Division N O V 0 3 1997 Oroville, California INTER -DEPARTMENTAL MEMORANDUM r To: Environmental Health Staff Wim: Vance Severin !/5 Subject: Health Licensing Requirements For Pools at State Licensed Care Facilities Date: Februaryl9, 1997 In accordance with Section 1566.3 of the California Health and Safety Code, group homes which serve six" - or less ' occupants are considered single family homes. A pool at such a facility is therefore considered a private pool; a license from this department is not required. We will continue to require a license for pools at state licensed day care centers if the pools are available for use by clients, regardless of the number of clients served. cc: Tom Reid Craig Erickson ENVIRONMENTAL HEALTH TITLE 22 P^S5 pc,_ (lbglater a1, Na x-4"1) (b) Onlyprivate77pools maintained by an individual for the use of family and . friends are exempt from the provisions of this Chapter. (c) The provisions of this Chapter shall apply to all auxiliary structures and equipment provided and maintained in connection with pools, including but not limited to: (l) Locker rooms. 2) Shower rooms. 3 Dressing rooms. 4) Toilet facilities. , (5) Filtration equipment. (6) Pumping equipment. ; (7) Piping., . (8) Disinfecting equipment. (9) Safety equipment. NOTE Authority cited: Sections 2(18 and 24102, Health and Safety Code. Reference: Section 24100, Health and Safety Code. ' Article 2. Plans, Construction and Inspection . 65505. Plans and Specifications. (a) A person proposing to construct, reconstruct or alter a swimming pool ora uxiliary structure or equipment shall submit legible plans and specifications to the enforcing agent for review and written approval prior to commencing the work and In advance of the issuance of any building, plumbing.or electrical permit. a sL(b Plans submitted for approval pursuant to this section shall be drawn to of 1 centimeter equals 0.48 meters (y4 inch equals 1 foot), except that plans for spa pools shall be drawn to a scale of 1 centimeter equals 0.12 meters (1 inch equals 1 foot). (c) The enforcing agent may require the submission of such additional infor- mation as may be required to determine the compliance of plans and specifica- tions submitted for approval. (d) Within 30 days of the receipt of plans and specifications, the enforcing agent shall notify the person submitting the plans and specifications of their. approval or disapproval. NOTE. Authority cited Sections 208 and 44102, Health and Safety Code. Reference: Section 44101:1, Health and Safety Code. 65507. Records. (a) The enforcing agent shall retain one copy of the plans and specifications submittedapproval. (b) At the request of the Department, the enforcing agent shall make avail- able to the Department records pertaining to swimming pools which are within the enforcing agent's jurisdiction. NOTE. Authority cited: Sections 206 and 24102, Health and Safety Code. Reference: Sections 24101.1 and 24105, Health and Safety Code. 65509. Construction. (a) Swimming pools shall be constructed, reconstructed or altered in compli- ance with plans approved pursuant to.Section 65505, unless written approval of variance from such plans is obtained from the enforcing agent. (b) Swimming pools shall conform to the requirements of Chapter 2.90, Title 24, Building Standards, California Administrative Code. NOTE: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Section 24101.1, Health and Safety Code.' TITLE 22 ENVIRONMF44TAL HEALTH 65525 (Register 06, No. 0­141tt4f0) (p. 1743, 65511. Inspection. (a) The swimming pool owner, or his designated agent, shall notify the . enforcing agent at least two working days before guniting or constructing the,. pool shell to allow inspection and approval by the enforcing agent. Following pool construction, the enforcing agent shall again be notified at least two days in advance of placing the pool in operation to allow .for final inspection and approval. (b) No pool shall be placed in use without the written approval of the enforc- ing agent. NOTE: Authority cited: Sections 208 and 24102, health and Safety Code. Reference: Sections 24101.1 and 24104, Health and Safety Code. Article 3. Maintenance and Operation 65521. Pool Supervision Responsibility. (a) Every pool shall be under the supervision of a person who is fully capable of, and shall assume responsibility for, compliance with all requirements relat- ing toppool operation, maintenance and safety of bathers. (b) No pools shall be used or available for use unless all of the requirements of subsection (a) and the following are complied with. (1) Routine (e.g., daily and weekly) operating procedures shall be perma- nent y posted in a location accessible to and frequented by the operator. (2) Manufacturers' instructions for operation and maintenance of mechani- cal and electrical equipment shall be kept available for the operator. NOTE: Authority cited: Sections 208 and 24102, Ilealth and Safety Code. Reference: Sections 24102.2 and 24101.3, Health and Safety Code. 65523. Operation Records. (a) The operator of each pool open for use shall keep a daily record of information regarding operation, including readings of disinfectant residual, pll and maintenance procedures such as cleaning of filters and quantity of chemicals used. (b) If cyanuric acid by itself or in a combined form with the disinfectant is added to a pool, the cyanuric acid concentration shall be measured a minimum of once per month and records shall be kept of the results of such testing. (c) Data collected pursuant to subsections (a) and (b) shall be maintained at fjeast one year for inspection by the enforcing agent, or shall be submitted to the enforcing agent upon his request. NOTE: Authority cited: Sections 208 and 24102, health and Safety Code. Refere Sections 24101.2 and 24101.3, Health and Safety Code. 65525. I Recirculation and Purification System Operation. The pumps, filters, disinfectant and chemical feeders, flow indicators, gauges and all related parts of the pool water purification system shall be kept in operation whenever the pool is available for use, and at such additional times and periods as may be necessary to maintain the water in the pool in a clear : and disinfected condition. The variation inflow during it filtration cycle shall be such as to not reduce the flow below 65 percent of the rate required in Section 2-9045 of Title 24, California Administrative Code. NOTE: Authority cited: Sections 208 and 24102, Ilealth and Safety Code. Reference: Sections 24101.3 and 24102, Health and Safety Code. 3 PUBLIC SWIMMING POOLS Section Pool Structure Page 2.9011—Pool Construction........................................................................................................ 12 2.9012—Additional Requirements for a Temporary Training Pool ................................ 12 2-9013—Pool Geometry ............................ 19 2-9014—Permanent Markings.................................................................................................. 16 2-9015—Steps. Recessed Steps. Ladders and Recessed Stairs (Treads) ;......*..... ....... 16 2-9016—Hand Holds.................................................................................................................... 17 2-9017—Diving Boards...................................................................:......................................:... 17- 2-9018—Pool Decks............................................................................................................I....... 17 Ancillary Areas and Facilities •, :.I 2.9021—Bathhouse. Dressing, Shower, and Toilet Facilities ........................................... • 18 2-9022—Drinking Fountains.....................................................................................................: • ' . 19 . 2-9023—Hose Bibbs 2-9024—Enclosure of Pool Area............................................................................................... 19 2-9025—Signs is 2-9026—Indoor Pool Ventilation............................................................................:...i............: 20 I 2-9027—Foundations for Pool Equipment............................................................................ 20 2-9028—Gas Chlorination Equipment Room . .20 Recirculation and Treatment System Components 2-9031—General Requirements................................................................. ............................. .. 20 2-9032—Turnover Time.............................................................................................................. 21; 2-9033—Recirculation Piping System and Components..................................................... 21 2-9034—Recirculation Pump Capacity............................................................:...............:..... 21 2-9035—Water Supply Inlets.........................................................................................: i. ..:...... 22 2-9036—Filters (All Types)...........................................................................................;......:,.. 22 2-9037—Rapid Send Pressure Filters .............................................. ........................................ 2-9038—Diatomaceous Earth Filters 23 ............................ .............•.-„•,•„ 2-9039—High Rate Sand Filters..........................................................................:................... Y3 23 2-9040—Chemical Feeders........................................................................................................ ” 23 2.9041—Disinfectant Feeders..................................................................................:......:......... 24 2-9042—Pool Fittings...................................................................:............................:..................' . • 24 . 2-9043—Spa Pool Special Requirements ................................... :.......................................... 26 2.9044—Cleaning Systems........................................................................................................ 26 2-9045—Waste Water Disposal........................................................................................... 26 iv 1 TITLE 22 ENVIRONMENTAL HEALTH 65500 (flepl.t« sit, Na>r--aaatl P.,1741) CHAPTER 20. PUBLIC SWIMMING POOLS Article 1. Definitions and Scope 65501. Definitions. (a) "Swimming Pool" or "Pool" means an artificial basin, chamber or tank used or intended to be used, for public swimming, diving, or recreative bath- ing but does not include baths where the main purpose is the cleaning of the boy, nor individual therapeutic tubs. (b) "Wading Pool" means an artificial basin, chamber or tank used, or in- tended to be used, for wading by small children and having a maximum depth of not to exceed 46 centimeters (18 inches) at the deepest point nor more than 30 centimeters (12 inches at the side walls. (c) "Special Use Pools' means pools designed and used exclusively for a single purpose such as wading, instruction, diving, competition orme �I treatment where a licensed professional in the healing arts is in attend:* (d) "Enforcing Agent" means the Health Officer or Director of Environ- mental Health or their designated registered sanitarian representative. (e) "Temporary Training Pool" means an artificial basin, chamber or tank intended to be used for instruction in swimming and so constructed as to be readily disassembled for storage or for transporting to and reassembling at a different location. (f) "Spa Pool" means a pool, not used under medical supervision, that con- tains water of elevated temperature, and incorporates a water jet system, an aeration system or a combination of the two systems. (g) "Department" means the State Department of Health Services. NOTE Authority cited: Section 208 and 24102, Health and Safety Code. Reference: Sections 241W through 24109, Health and Safety Code. HISTORY: 1. New Chapter 20 (Articles 1-3, Sections 65301-65347, not consecutive) filed 10.16-80; designated effective 10131 (Register 80, No. 42). 2. Editorial correction of effective date of History Note No. 1 (Register 80, No. 52). 3. Editorial change filed 9.4-81 redesignating effective date of 1016-80 order from 101-81 to 1230.81 (Register 81, No. 36). 65503. • Scope. (a) The provisions of this Chapter shall apply to all pools as de in Section 65501, including but not limited to: (1) Commercial pools. (2) Real estate pools. (3) Community pools. i , (4) Hotel pools. (5) Motel pools. 6) Resort pools. (7) Auto and trailer park pools. (8) Auto court pools. (9) Apartment house pools. (10) Club pools. (11) Public or private school pools. (12) Gymnasiu mpools. (13) Health establishment pools. . . (14) Townhouse pools. (15) Condominium pools. �16) Mobile home park pools. 17) Campground pools. October 29, 1997 Patricia Hamilton 14204 Decatur Dr. Magalia, CA 95954 . r � ff utte C L A N D O F N A T U R A L W E A L T H A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: 1916) 538-7601 FAX: 1916) 538-7785 Re: Use Permit for Patricia Hamilton on APN 039-600-010, File # UP 98-07 Dear Pat, Enclosed please find copies of the comments we have received from other Butte County agencies regarding your application for a Use Permit. Please review these comments and the conditions that are requested as part of the project's approval. I hope to have the staff report for the Planning Commission hearing completed soon, and a copy of it will be sent to you upon its completion. After that, your project will be scheduled for a public hearing before the Butte County Planning Commission. You will be notified of the date and time of this hearing. Should you have any further questions, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Stephen R. Betts Associate Planner encl K\PLANNING\PROJECTS\UPC\HAMILTON.DAT\COMMENTS.LET • 0 BUTTE COUNTY DEVELOPMENT SERVICES 7 County Center Drive Oroville, CA 95965 (916) 538-7601 FAX (916) 538-7785 to: Doug Fogel & Michael Huerta fax #: g ` S - Co 12 ` from: Stephen Betts, Associate Planner date: October 22, 1997 subject: Use Permit for Pat Hamilton, 4133 Hwy. 32, AP 039-600-010 pages: 1 NOTES Do you have any idea of how much more the existing septic system will need to be enlarged to accommodate the new use of the house? Would it be possible to postpone the required improvements for a period of 6 months to a year in order to give the applicant time to obtain the necessary funding? Also, could you get me a copy of the State definitions of a public pool (65501 & 65503)? The proposed use does not appear to be a public pool based on the criteria in the County Code (42-7). If it is determined that it is a public pool, can the required improvements also be postponed in order to give the applicant time to obtain the necessary funding? Please let me know as soon as possible. Thanks 001 000 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Environmentai i4eatth SEP 2 41997 Chico, CA TO: Environmental Health FROM: Butte County Planning Division RE: Request for Comments on a Development Application:tPatricia.Hamilton,-UP 98-00 DATE: September 23, 1997 CONTACT PERSON: The Planning Division has received an application for development of the below described property. The application is being reviewed 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for_a_Use,Permit-for a:group home for 14 women on property zoned A-40 (Agricultural. 40 acre parcel) located on on the south side of Highway 32. 3/4 mile west of Meridian Road. at -4 -1.33 -Highway_ 32, west of Chico, identified as APN 039-600-010. It is within Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FORA HEARING BEFORE THE (check one) _X PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON February 12. 1998. vr COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN,/October 7, 1997: If no comments or communications are received by the above date, the assumption will=tie--made that your agency has no comment. COMMENTS (Attach additional pages if necessary): 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916- -7765 annmg Division 0 C T 16 1997 ®roville, California INTER -DEPARTMENTAL MEMORANDUM TO:'Planning Dept FRONT: Michael Huerta, Envirormnental Health, Chico SUBJECT: Use Permit, Hamilton, 4133 Hwy.32, Chico, AP# 39-60-010 DATE: October 7, 1997 This Department recommends the following conditions: 1. Verify potable water; At the very least, this will require a water sample for coliform. Applicant must arrange for sample to be taken by this Department. 2. Upgrade septic system to adequate size. System must be sized to accommodate occupancy of house. This will require a County permit. 3. Existing swimming pool will have to be upgraded to meet State requirements for a public pool, and then permitted by this Department. MH/gl/land/hamilton.up2 0 TO: FROM: RE: DATE: 0 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Agricultural Commission Butte County Planning Division Request for Comments on a Development Application: Patricia Hamilton, UP October 8, 1997 1213 t4�� J 47� i 1997 AMMURAI COMMISSION[( N OUTIL COUNTY .4 CON x, BZLZg��� CONTACT PERSON: Steve Betts The Planning Division has received an application for development of the below described property. The application is being reviewed 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. 1 This is an application for a Use Permit for a group home for 14 women on property zoned A-40 (Agricultural. 40 acre parcel) located on on the south side of Highway 32.3/4 mile west of Meridian Road. at 4133 Highway 32, west of Chico, identified as APN 039-600-010. It is within Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON February 12, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 22, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): rte By: e b'u `rrJ� r!�'i-t Date: 12 ( --'c �= Planning division CC 2 �y97 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 ®Povilie, California TO: FROM: RE: DATE: 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION LAFCo Butte County Planning Division Request for Comments on a Development Application: Patricia Hamilton, UP 98-07 October 8,1997 CONTACT PERSON: Steve Betts The Planning Division has received an application for development of the below described property. The application is being reviewed 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit for a group home for 14 women on property zoned A-40 (Agricultural. 40 acre parcea located on on the south side of Highway 32.3/4 mile west of Meridian Road. at 4133 Highway 32, west of Chico, identified as APN 039-600-010. It is within S pervisonal District No. 4. '2��� THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON February 12, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 22, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): f Cc- a #7 &MAIAD, 6A21) L0 /110 144- S By: Date: M '7 Planning Division n C T 13 1997 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-75gV111e, California • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Patricia Hamilton, UP 98-07 DATE: October 8, 1997 CONTACT PERSON: Steve Betts The Planning Division has received an application for development of the below described property. The application is being reviewed 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit for a group home for 14 women on property zoned A-40 (Agricultural. 40 acre parcel) located on on the south side of Highway 32.3/4 mile west of Meridian Road. at 4133 Highway 32, west of Chico, identified as APN 039-600-010. It is within Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - — DEVELOPMENT REVIEW COMMITTEE ON February 12, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 22, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: Planning Division OCT 0 9 1997 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 Oroville, California 0 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Patricia Hamilton DATE: September 23, 1997 AGENT: APN: 039-600-010 FILE.#: UP 98-07 PLANNER: PROJECT DESCRIPTION: Use Permit for a group home for 14 women Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulation's, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. 5. A pressurizedcommunity water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the . then current fee for the West Chico Fire Station Fund. 8. Provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance. TO: FROM: RE: DATE: BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Public Works Butte County Planning Division Request for Comments on a Development Application: Patricia Hamilton, UP 98-07 September 23, 1997 CONTACT PERSON: The Planning Division has received an application for development of the below described property. The application is being reviewed 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit for a group home for 14 women on property zoned A-40 (Agricultural. 40 acre parcel) located on on the south side of Highway 32.3/4 mile west of Meridian Road. at 4133 Highway 32, west of Chico, identified as APN 039-600-010. It is within Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON February 12. 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 7, 1997. ff no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): IVeZ3r/A/Ry P-IMM1T3 Trr /2e7q6,OVL &:bIST'YNG '! iVe7-ellzd 2• riM nao� Ac c [�s s Tu /twy 3 z Tv C/k T Sr.vo�s By: Date: S"I Z & /1r f1 % 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-778?canning Division -SEP 3-01997 f, Oroville,'California • AIO 1N3WdOl3A30 ONVI 3=8 JO AINnoo -1661 £ Z d3S C13AI333H UP 98-07 AP# 039-600-010 Patricia Hamilton 10 f . A-40 Bell Road Bell Road A-40 `'%X A-5 a� . s'fct Location M-1 a Chico Area Gree'�e A-10 i Kennedv, CT 0 COUNTY OF BUTTE -AGENDA ITEMS TO: BOARD OF SUPERVISORS FROM: Planning Division, Department Development Services DATE: September 30, 1997 SUBJECT: Board Agenda October 14, 1997 - Waiver of Fees - Patricia Hamilton - House of Mercy - AP039-600-010 - is requesting that the Use Permit fees be waived to establish a group home located on the south side of Highway 32, approximately 3/4 mile west of Meridian Road, west of Chico. SUMMARY OF REQUEST - ACTION REQUESTED: Waive the application fees for $1018.00 for the new Use Permit. Section 3-40.5 of the Butte county Code allows the Board of Supervisors to wave application fees. (see memo attached) Additional information attached: Yes No Describe Memo Previous Board action: Date Minute Order Summary of Action: Funding sources Current year cost Budgeted Yes No Annualized cost If also planned for next year. Will proposal required additional personnel? Yes No State No. _ Permanent - Temporary -Other - Will proposal require a budget transfer? Yes No If yes, read the following: 1. Complete worksheet on back 2. Deadline is one business day prior to normal agenda deadline Administrative Office Approval: 4/5 Vote required Majority vote required INTER -DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Honorable Chair and Board of Supervisors From: Planning Division Subject: Waiver of Use Permit Fees for the House of Mercy Date: September 30, 1997 Patricia Hamilton has submitted an application for a Use Permit to establish the House of Mercy group home in a new location in the County. The house is located on the south side of Highway 32, approximately 3/4 mile west of Meridian Road. The parcel is located in an area that is zoned A-40. The parcel is 40 acres in size, and contains a 5,000 sq. ft. home and plum orchards. There are no other nearby dwelling units. The parcel is located in Supervisorial District 4. A Use Permit is required to legally establish the House of Mercy at the new location. The House of Mercy is a quasi -public use, and quasi -public uses are allowed in the A-40 zone with a Use Permit. Patricia Hamilton is requesting that the Board of Supervisors waive the application fee of $1018•.00 for the new Use Permit. Section 3-40.5 of the Butte County Code allows the Board of Supervisors to wave application fees. Section 3-40.5 states in part: "All or part of any fee specified in this Article may be waived, refunded or transferred to a related application upon the order of the Board of Supervisors, if the applicant is a public entity or non-profit charitable organization or if the Board finds that it is otherwise in the public interest to do so." The Planning Division recommends that the Board waive the application fee for a Use Permit for Bill and Patricia Hamilton. The findings for the waiver of fees are: 1.) The House of Mercy is an IRS -certified non-profit organization, and, 2.) The public interest is being served by the House of Mercy because they have a excellent success rate of getting women off of drugs and back into mainstream society, and, 3.) County staff will be able to accomplish the necessary reports with a minimum amount of work because staff is already familiar with the operating characteristics of the House of Mercy. FILE NO: +� r LEAD - Vi SHEET UP 98-07 ARA 03 `i - c -o o - 010 APPLICANT: Patricia Hamilton, 14204 Decatur Dr., Maealia CA 95954 Name Address OWNER: Geneal Chima, P.O. Bos 3665 Yuba City, CA 95992 Name Address RESPRESENTATIVE: Name Address REQUEST: SIZE: 140 SUPERVISORAL DISTRICT # �_. EXISTING ZONING: ZONING HISTORY SURROUNDING ZONING: --A-,A o SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: rc�nw l= i e1d crops APPLICABLE REGULATIONS: F\ F 7-2n e kAforms\lead-in Planning ®epariment SEP 2 21997 ®rovilla, Calitornia COMMENT DISTRIBUTION LIST APPLICATION: Patricia Hamilton DATE: September 23, 1997 County Offices and Cities: / Chief Administrative Officer ✓ X •J_X_ Environmental Health - - Sheriff ,7X- LAFCo —_ Biggs Oroville 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 Develop. Services Director BCAG — APCD _ Gridley Paradise X Biggs/W. Gridley Water Paradise Irrigation Thermalito Irrigation — California Water Service Co. _ Thermalito Irrigation District — Public Works Director Building Manager ALUC Butte Co. Farm Bureau Chico Chico Airport Commission Agricultural Commission Durham Irrigation Richvale Irrigation Otter Del Oro Water Co. Other -- ---- -- - -- Themalito Irrigation _ Sterling City Sewer Main L.O.A. PUD EI Medio Fire Protection District Durham Area Recreation _ Feather River Rec. & Park Richvale Recreation & Parks PG&E North - Chico _ Chambers Cable TV _ _ PG&E South - Oroville Viacom Cable TV State Agencies CalTrans (Traffic) — Dept of Water Resources — Forestry (Atte: Craig Carter) _ Dept of Parks and Rec. — Central Reg. Water Quality Cont _ Caltrans, Aeronautics Program _ Department of Conservation Off. of Mining Reclamation Dept -Social Services, Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of Land Management - - Army Corps of Engineers Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Community Association — _ Drainage _ Butte Env.l Council — Reclamation _ Cal Native Plant Society _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. — Butte Ck. Watershed Conservancy_ School Districts Pacific Bell Dept of Fish and Game Highway Patrol Off. of Governmental & Env. Relations US Fish & Wildlife Service Mosq. Abatement. Oroville/Butte Co Paradise Pines Com. Assoc. 0 • r. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Patricia Hamilton, UP 98-07 DATE: - October 8,1997 CONTACT PERSON: Steve Betts The Planning Division has received an application for development of the below described property. The application is being reviewed 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. If a response cannot be submitted within the time frame given, or 'if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit for a group home for 14 women on property zoned A-40 (Agricultural. 40 acre parceD located on on the south side of Highway 32.3/4 mile west of Meridian Road. at 4133 Highway 32, west of Chico, identified as APN 039-600-010. It is within Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON February 12, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 22, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive'- Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 O C1 P V, � TIT N A .1p (� W ^.o -Z September 23, 1997 Patricia Hamilton 14204 Decatur Dr. Magalia, CA 95954 L A N D O F N A T U R A L W E A L T H A N D BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 Re: Waiver of Fees for the House of Mercy Use Permit Dear Pat, The Board of Supervisors at their meeting today did not take action on your request for a waiver of application fees for a Use Permit. They will have it on their agenda for either their October 7 or October 21 meeting. In the meanwhile, the Planning Division will begin to process your Use Permit application on the assumption that the Board will be approving the fee waiver in the near future. Should the Board not approve the fee waiver, you may be responsible for full payment of the fees. Your check for $1,018 is enclosed. As I understand it, you currently have more than six people living in the house at the new location on Highway 32 without benefit of a Use Permit, as required by Section 24-90.C.1 of the Butte County Code. Please be aware that this is in violation of the Butte County Code and you may be subject to code enforcement action by the County. Should you have any further questions, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Stephen R. 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