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HomeMy WebLinkAboutAPPEAL OF DEVELOPMENT SERVICES DIRECTOR DETERMINATION CONTINUATION OF NON-CONFORMIN USEI SU°mho BOARD OF SUPERVISORS ADMINISTRATION CENTER 25 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 TELEPHONE: (916) 538-7224 November 9, 2001 Margaret F. Porter, Director Family Living Care Home 1882 Tehama Avenue Oroville, CA 95965 RE: Appeal of Development Services Director Determination Continuation of Non -conforming Use Dear Ms. Porter: I CURT JOSIASSEN, Chair Fourth.District R. J. BEELER First District JANE DOLAN Second District MARY ANNE. HOUX Third District KIM YAMAGUCHI Fifth District This letter is to inform you that the public hearing before the Board of Supervisors jor the. above - referenced matter has been set for Tuesday, December 18, 2001, at 11:00 a.m. The hearing will be conducted in'the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. I wanted to let you know that after we spoke I was able to review your appeal, and I am sorry that I misinformed you, but this hearing will be a public hearing, fully noticed in the newspaper.. Please call me if this generates any additional questions for you. The format of the hearing will be the same as I explained to you in our conversation, the only difference will be that a notice does need to be published. If you planto submit information to the Board, you will need to provide 8 copies. of each item you are submitting. If you wish this information to be presented to the Board at the same time as the Development Services Department's information, I will need to receive it by December 10`x. Also, please be aware that any information submitted during the course of the hearing, including photographs, maps, video tapes, audio tapes, or written material, will become part of the public record for that matter and will be retained by the Board. If you have any questions, please do not hesitate to contact me at 530-538- 7643. Thank you. ' Sincerely, on Reeves ssistant Clervof th Board RoEC EodED NOV 13 7001 BUTTE COUNTY c�/ c: Development Services PLANNING DIVISION [R FSEP0 ZOUI 10 AGENT AUTHORIZATION BUTTE COUNTY PLANNING DIVISION To Butte County, Department of Development Services; li� g All is hereby authorized to process this application forA te'rn's nxh o ry 2E h G n an 1 f-x�) U Ste, on my property, identified as Butte County Assessors Parcel Number This authorization allows representation for all applications, hearings; appeaYs;-Etc. and to sign all documents necessary -for said processing, but not -including -- document (s) relating to record title interest. Owner(s) of Record: (sign and print name) ?017 o A .e Print Name Signature Architect and/or Engineer. Print Name o[Archiucv7n&ccr and Phone Numbs Mailing Address FOR OFFICE USE ONLY Print Name Signature Very: . Date received: Total amount received: AP Number(s) Legal Description Owners Authorization Zoning requirements Project Description Copies of plot plan Taken by Receipt No. E.H. LD Plan FD Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is S as of Make check payable to "Butte County Treasurer". Margaret F. Porter, Appeal of the Development Services Director Determination dated October 26, 2001, to require a Use Permit pursuant to the Butte County Zoning Ordinance Section 24- 35.20 -for the continuation or expansion of a nonconforming use. The property is zoned A -R (Agricultural Residential) and is located on the north side of 18th Street and 20th Street, at 1882 Tehama Avenue, Thermalito. APN 030-462-021 �noVI LLQ :k H Sl n 'LO TH s 8� 2 TC N A ti AVS T WT D M MO�� " Li &`2,- 0/2-1 ?Tr-, 3i3- 0 -7 2-:�.3 l C44AS, rAlIa A.4 A • �� �-I 0 �t..1. �-- 1.�� A.H. � �� '' ; S)LVis LU (,=,p) lb I 1 DG A 03 o - Li L - 0 1 C-- 01 01 7G�� y -• I,i y , oyl. �j , mt.7 BVI �1V , e x � e • t r • .. 0i Jc\projects\Larrys\margaretporter.doe 03.00.7203.1000. CHASTAIN WANDA LEE & JIMMM- .EDGAR J -T' 1849 TEHAMA AVE OROVILLE CA 95965 03007205.0000: BARON PAULINE A & EUGENE G 833 W SANDRA LANE OROVILLE CA 95966 030.0720580.0.0_ GILLIGAN EDWIN C & LOMA L 1875 TEHAMA AVENUE OROVILLE CA 95965 03:04620,1200.0: CAREY CHARLES & SHERRY L 2541 S 5TH AVE OROVILLE CA 95965 03:04620•L•7.000- CAREY MICHAEL ALAN 2874 FOOTHILL BLVD OROVILLE CA 95966-6312 0 0 MARGARET PORTER 1,882 TEHAMA AVE OROVILLE CA 95965 030072040000 - BALL. MARY L. 1098 SIERRA VISTA WAY CHICO CA 95926 03:00720560.00:: SILVA DAVID L ETAL 1975 TEHAMA AVENUE OROVILLE CA 95965 0.3:00,•7.2059000- CAREY CHARLES J & SHERRY LEE 2541 S 5TH AVE OROVILLE CA 95966 03:0462013:000: ONEILL LEONE LOUISE TRUSTEE 1830 20TH ST OROVILLE CA 95965 030462019000, MORTON RICHARD A & CHERIE A 1940 TEHAMA AVE OROVILLE CA 95965-4233 030462023000 030462024000 - AMERICAN HEART ASSOCIATION JEPPERSON BILLY 1710 GILBRETH RD P O BOX 373 BURLINGAME CA 94010-1317 OROVILLE CA 95965 030462021000 SHARP MODENE I TRUSTEE 5 04,8z ROYAL -OAKS- DR- OROVILLE CA 95966 ..03.0'07204-7.000 - ABRAO. TONY F JR & MARLA J. 639 38TH ST RICHMOND CA 94805-1701 ..03:0072057000: RAMIREZ ARMANDO & CHRISTINA 1883 TEHAMA AVE OROVILLE CA 95965 .03:0.072061.000 JATKO KEVIN W 1905 TEHAMA AVE OROVILLE CA 95965 .03.04'.620-1--4000.- SCOTT 03:04:6201.4000SCOTT RONALD HARVEY & LINDA H 1820 20TH STREET OROVILLE CA 95965 0304620220.00 AMERICAN HEART ASSOCIATION 2020 BELL AVENUE DES MOINES IA 50315 a • 4 01-415 Public Hearing - Margaret F. Porter - Appeal of the Development Services Director's determination dated October 26, 2001, to require a Use Permit pursuant to Butte County Zoning Ordinance Section 24-35.20 for the expansion of a nonconforming use. The property is zoned A -R (Agricultural Residential) and is located on the north side of 18th Street and 20th Street, at 1882 Tehama Avenue, Thermalito, and identified as APN 030-462-021 - action requested - STAFF RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING TWO ACTIONS: 1. DENY THE APPEAL BASED ON THE FINDING THAT THE USE PROPOSED BY THE APPLICANT AND CONSIDERED BY THE DIRECTOR IS NOT IDENTICAL TO THE COMFORT AND CHEER REST HOME IN THAT THE CLIENTS SERVED WOULD NOT BE ELDERLY, ALL WOULD BE AMBULATORY, AND THE PROPOSED OPERATIONS COULD HAVE A SUBSTANTIALLY DIFFERENT IMPACT ON THE NEIGHBORHOOD THAN THE COMFORT AND CHEER REST HOME; THAT THE APPLICANT IS, THEREFORE, REQUIRED TO OBTAIN A USE PERMIT FOR THE PROPOSED OPERATION PURSUANT TO SECTION 24-25.2 OF THE ZONING ORDINANCE; OR 2. GRANT THE APPEAL BASED ON THE FINDING THAT THE PROPOSED OPERATION IS IDENTICAL TO THE COMFORT AND CHEER REST HOME IN THAT THE FACILITY WOULD SERVE A RESIDENT POPULATION FOR FEE AND WOULD PROVIDE SERVICES THAT ARE SUBSTANTIALLY SIMILAR AND IDENTICAL TO THE COMFORT AND CHEER REST HOME; THAT THE APPLICANT IS, THEREFORE, NOT REQUIRED TO OBTAIN A USE PERMIT FOR THE PROPOSED OPERATION PURSUANT TO SECTION 24-35.20 OF THE ZONING ORDINANCE. (**886) (***00) 01-415 MOTION: I MOVE TO DENY THE APPEAL BASED ON THE FINDING THAT THE USE PROPOSED BY THE APPLICANT AND CONSIDERED BY THE DIRECTOR IS NOT IDENTICAL, OR EVEN SUBSTANTIALLY SIMILAR, TO THE COMFORT AND CHEER REST HOME IN THAT THE CLIENTS SERVED WOULD NOT BE ELDERLY, ALL WOULD BE AMBULATORY, AND THE PROPOSED OPERATIONS COULD HAVE A SUBSTANTIALLY DIFFERENT IMPACT ON THE NEIGHBORHOOD THAN THE COMFORT AND CHEER REST HOME; THAT THE APPLICANT IS, THEREFORE, REQUIRED TO OBTAIN A USE PERMIT FOR THE PROPOSED OPERATION PURSUANT • TO SECTION 24725.2 OF THE ZONING ORDINANCE. BUTTE COUNTY BOARD OF SUPERVISORS MINUTES = DECEMBER 18, 2001 yy M� u eauli LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 January 29 2002 TELEPHONE: (530) 538-7601 ry, FAX: (530) 538-7785 Margaret Porter 1882 Tehama Avenue Oroville, CA 95965 Re: Rental Issues Dear Ms. Porter: L Thank you for your letter dated November 29, 2001. Your letter, a copy of which is attached, requests the permission of ourdepartment to rent space to nineteen individuals in the structure located at 1882 Tehama Avenue, Oroville. The property is located in the' A -R (Agricultural Residential) zone district. The structure was previously the site of a rest home.' You have previously sought my determination that you could operate a group facility at the site without a use permit. My determination to the contrary was upheld by the Board of Supervisors. , The facility you propose would most likely be considered a "Boarding House" under the Zoning Ordinance. A Boarding House is defined as "A structure where lodging is., , provided, with or without meals, for compensation, for five (5) or more'persons" A Boarding House would be allowed in the Residential Zones (R-1 to R-4) as an,accessory use, but would not be allowed in the Agricultural Residential zone district. You have raised several legal arguments in support of your position. I am -not persuaded by your arguments. I have concluded that the use you propose would be a Boarding House under the Zoning Ordinance, and would not be allowed in the A -R zone district. If you have questions regarding this decision, please direct them to the Interim Director, Department of Development Services, or the County Counsel. ,...Ve tru OU Tar Buford Interim Director Cc: Felix Wannenmacher, County Counsel r . r ' M . , . m • • • r 3ruPostage `a Certified Fee Ili. a J i !=rs 1 3 (Endo Receipt Fee v ` Tent Required) )Q t« • H Postmark I ' (Endoncted,Delivery Fee ^ �*' r r 't(' Here Y• f> rsement Required) To al Pos N. age Fees .$ ,' Y r kr iL •� Y Mr, Recipient's Name (Please P � ' t wx not Clea 6e completed b i • n O+-StreettApt 1G.1- P �Ye_-i� j ---- by F BoxNo -ay -•- 1�--------------- rt r CiN Stat tFSP+a e �- ate-,' h. e ---- r IU 15:53 FILL 5305387470 BL=- DDS 9'i November 2001 1882 Tebama Ave. Oroville, Ca.. 95965 ; Tom Buford + 7 Cot= Street , Oroville, Ca.- 95965 Dear 'Com Buford: Thank. you for.your quick response to my request for reopening this care home. After considering your determination, I have decided to appeal and look into other options I would Ue permission to rent space to individuals. Though there are Butte County codes that vaguely refer to communal living, they are not specific. In order to protect my best interests, I have decided to take my research to a higher level. While following the guidelines of the law, I kept in mind your need of a firm legal standing. I have hound cases that establish a precedence that applies here. For the sake of brevity, I have quoted from two of those cases (See -enclosures). According to the State of California Supreme.Court, City of Santa Baru v. Beverly Adamson, an ordinance that denies*and/or limits the number of unrelated persons living together is unconstitutional by way of violation ofprivacy guaranteed in the California Constitution, Article I Section 1. It was also decided that there is no justification in requiring a use permit for communal living. In addition, California Appellate Court, City of Chula Vista V. Kenneth L. Pagard, reversed city ordinance again stating that ordinance "distinguished between the biological and the unrelated `family' in favor of the biological family." The court also held "the ordinance was infirm in placing the free exercise of the constitutional right of privacy." But a so noted in this case is that officials must allow "according to floor space and `. facilities rather than biological or Iegal relationships." The court continued to hold the conditional permit ordinance invalid. In cotu.lusion, I sought out and occupied this home with the intent to rent out the extra room.i and 'also offer the community a• much-needed service. It is unlikely that any single family would be able to dwell in this ten bedroom, seven bath home in a practical or economical manner'. To deny my request would be to ignore the Supreme Couit's decision and deny me gainful employment in my chosen field This home can comfortably accommodate nineteen. individuals and is fully functional. Please: send a letter of permission to rent living space to individuals: 'Dank you for your time. Respectfully, Marg�u•et F. Porter Rn) E C E O � nni p� , MP . Q002 JU 15:53 FAX 5305387470 1882 Tehama Ave. Oroville, Ca. 95965 Tom Buford 7 Court Street Oroville, Ca. 95965 Dear 'Com Buford: November 2001 Thank you for your quick response to my request for respening this care home. After considering your, determination, I have decided to appeal and look into other options. I would like permission to rent space to individuals. Though there are Butte County codes that vaguely refer to communal living, they are not specific. In order to protect my best interests, I have decided to take my research to a higher level. While following the guidelines of the law, I kept in mind your need of a firm legal standing. I have found cases that establish a precedence that applies here. For the sake of brevity, I have quoted from two of those cases (See enclosures). According to the State of California Supreme Court, City of Santa Barbara v. Beverly. Adanison, an ordinance that denies and/or limits the number.of unrelated persons living together is unconstitutional by way of violation of privacy guaranteed in the California Constitution, Article I Section 1. It was also decided that there is no justification in requiring a use permit for communal living. In.addition, California Appellate Court, City of Chula Vista v. Kenneth L. Pagard, reversed city ordinance again stating that ordinance "distinguished between the biological and the unrelated `family' in favor of the biological family." The court also held "the ordinaace was infirm in placing the free exercise of the constitutional right of privacy." But aLio noted in this case is that officials must allow "according to floor space and facilities rather than biological or Iegal relationships." The court continued to hold the conditional permit ordinance invalid. In cotu:lusion, I sought out and occupied this home with the intent to rent out the extra roomai and also offer the community a much-needed service. It is unlikely that any single family would be able to dwell in this ten bedroom, seven bath home in a practical or ecomiaical manner. To deny my request would be to ignore the Supreme Court's decision and deny me gainful employment in my chosen field. This. home can comfortably accommodate nineteen individuals and is fully functional. Please; send a letter of permission to rent living space to individuals. Thank you for your time. Respectfully, Marg�u•et F. Porter fp n en fR r1 M Q002 24/02 THU 15:53 FAX 5305387470 BUTTE DDS ial601 J W MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES TO: Felix Wannenmacher FROM: Toord _". SUBJECT: Margaret Port' Letter DATE: November 30, 2001 I have attached correspondence from Mrs. Porter dated November 29, 2001. Mrs. Porter is taking the position that the County must allow her to rent her extra rooms to non - related persons based on the cited cases. Ms. Porter's letter appears to describe a "Boarding House" per Section 24-305.407 of the Zoning Ordinance: "A structure where lodging is provided, with or without meals, for five (5) or more persons." Boarding facilities are allowed in the R- l to R4 zones as an accessory use, but are not allowed in the A -R zone, in which Mrs. Porter's property is located. Please note that "rest homes" are permitted in the R-1 to R-4 zones with a use permit. A rest home is defined in Section 24-305.190 as a building or portion thereof other than a hotel where meals for six (6) or more,person are provided for compensation or profit. The structure does not meet the requirements of a Bed and Breakfast Home (3 bedrooms) or In (8 bedrooms). Please give me a call on Monday. BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: ENDA TITLE: Margaret Porter, Appeal from Director Determination DEPARTMENT: DDS, Planning DATE: 11/30/01 MEETING DATE REQUESTED: 12/18/01 CONTACT: Tom Buford PHONE: 6821 REGULAR X CONSENT DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Department Summary and Requested Board Action This matter is brought before the Board of Supervisors as an appeal of a determination by the Director of Development Services. On October 17, 2001, the Director determined that a proposed use of property at 1882 Tehama, Oroville, required a use permit because it would substitute one legal nonconforming use for another. The applicant, Margaret Porter, plans to operate a residential facility. The Family Living Care Home would provide a place of residence for up to eighteen individuals. The facility would be located at 1882 Tehama Avenue, Oroville. The Board should review the staff report and attached materials, and take one of the following actions: Deny the appeal, based on a finding that the use proposed by the applicant, and considered by the Director, is not identical to the Comfort & Cheer Rest Home, in that the clients served would not be elderly, all would be ambulatory and the proposed operations could have a substantially different impact on the neighborhood than the Comfort & Cheer Rest Home, and the applicant is, therefore, required to obtain a use permit for the proposed operation pursuant to Section 24-25.20 of the Zoning Ordinance; or Grant the appeal, based on a finding that the proposed operation is identical to the Comfort & Cheer Rest Home, in that the. facility would serve a resident population for fee, and would provide services that are substantially similar and identical to the Comfort 7 Cheer.Rest Home, and the applicant is, therefore, not required to obtain a use permit for the proposed operation, pursuant to Section 24-35.20 of the Zoning Ordinance. AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No X CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes NoX Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline) Will Proposal Require an Agreement: Yes No X 4/5's Vote Required: Yes: No: Auditor -Controller's Number (if required): County Counsel's Approval: Yes No_X _ Date Received by Clerk of Board: ill Proposal Require Additional Personnel: Yes No X umber of Permanent: Temp Extra Help Previous Board 4"Director Determination Additional Information Attached: Yes X No Describe: Margaret Porter Parket Kev. un I ugc I SPECIAL INSTRUCTIONS TO CLERK Number of originals required to be returned to Department: "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns •_ completed Auditor's copy ONLY. Requested Board Action: Ordinance Required Resolution Required Minute Order Required For Inform Mon Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Source of Additional Funds Requested Estimated Cost $ Contingencies $' Amount Budgeted $ (Budget Unit Number: ) (Fund Name: 1 (Fund Number: ) Additional Requested $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office r Authorized Signature Transfer Request: Date (Fund Name: ) (Fund Number ) Unanticipated Revenue $ (Source: ) (Rev. Code: ) Other Transfer(s) $ 1. Complete worksheet below 2. Deadline is one business day prior to normal agenda deadline Total Source of Funds Board Action Required for B -Transfer? Yes No 4 BUDGET TRANSFER REQUEST WORKSHEET AMOUNT LINE ITEM LINE ITEM Transfer $ (No Cents) From To Transfer i (No Cents) From To Y Transfer: (No Cents) From To Transfer i (No Cents) From To ■1 I • K:\PORTER TABLE OF CONTENTS.doc f TABLE OF CONTENTS Board Agenda Form Board Agenda Report S • • PAGE Attachment A: Site Location Map and Mailing Radius Map 1 Attachment B: Applicant's Letter dated September 12, 2061 3 Attachment C: Director's written response 7 Attachment D: Applicant's Letter dated October 18, 2001 10 Attachment E: Director's determination dated October 26, 2001 11 Attachment F: Zoning Ordinance provisions regarding nonconforming uses 13 Attachment G: Petitions in support of proposed project 18 • K:\PORTER TABLE OF CONTENTS.doc • LJ r� MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Butte County Board of Supervisors 7 FROM: Tom Buford, Interim Director of Development Srvices SUBJECT -� AGENDA REPORT, APPEAL FROM DIRECTOR DETEMINATION BY MARGARET PORTER DATE: November 28, 2001 SUMMARY AND BACKGROUND This matter is brought before the Board of Supervisors as an appeal of a determination by the Director of Development Services. On October 17, 2001, the Director determined that a proposed use of property at 1882 Tehama, Oroville, required a use permit because it would substitute one legal nonconforming use for another. The applicant, Margaret Porter, plans to* operate a residential facility. The Family Living Care Home would provide a place of residence for up to eighteen individuals. The facility would be located at 1882 Tehama Avenue, Oroville. Attachment A provides a site location map and mailing radius map for the site: The General Plan designation for the proposed project site is Low Density Residential. The property is located in the Agricultural Residential zone district. Building Division records indicate the building on the site was constructed in 1967 as a rest home facility. At that time the parcel was zoned A-2 The A-2 District allowed all uses except those that required a use permit. A rest home was not one of the uses identified as requiring a use permit, and was, therefore, a permitted use at the time the use was initiated. Appeal of Director Determination Margaret Porter Page I • The Comfort & Cheer Rest Home was thereafter operated on the site. The facility was licensed by the State Department of Social Services, and had a capacity of 12 ambulatory and 6 non-ambulatory residents. Zoning on the parcel was changed in the 1980's to the current zoning of A -R (Agricultural Residential.) Rest homes or rooming and boarding facilities, as defined in the Zoning Ordinance, are not allowed in the A -R zone district. The facility, therefore, continued in operation as a legal nonconforming use. The Comfort & Cheer Rest Home facility was closed in 1998. At that time, the California Division of Forestry revoked the facility's fire clearance, and the license under which the facility operated was revoked by the State Department of Social Services. The facility has been closed since that time. The applicant proposes to re -open the facility. Residents would not be restricted to the elderly, and no non-ambulatory residents `would -be accommodated. Residents would be those selected by the operators, and would be persons who were in recovery from alcohol addiction. The applicant contacted the Director of Development Services regarding the permits, if any, that would be required to operate the proposed facility. The applicant's letter dated' September 12, 2001, requesting'a determination that the use of the previous facility had • not been voluntarily abandoned, is attached as Attachment B. The Director's written response, dated October 17, 2001 is.attached as Attachment C. The applicant also requested a Director determination that the operation of the new facility would be a continuation of the previous legal nonconforming use at the site, and, therefore, could operate without the requirement of a use permit. The' applicant's letter dated October 18, 2001 requesting this determination is attached as Attachment D. The Director determination dated October 26, 2001 denying this request is attached as Attachment E. Zoning Ordinance Sections 24-35 et seq. establish regulations for nonconforming uses. Section 24-35.45(b) provides for an appeal from a Director determination regarding voluntary abandonment of a legal nonconforming use. This appeal has been treated as falling under that section of the Zoning Ordinance, given the close relationship of the two issues involved. DISCUSSION The Butte County Zoning Ordinance provides for zone districts, with allowed and prohibited uses in each. The project site is located at 1882.Tehama Avenue, Oroville, in the A -R (Agricultural Residential) zone district. Appeal of Director Determination Margaret Porter Page 2 The proposed use of the property at that location would be a residential care facility. Such • a facility would be allowed in the R-1 through R-4 (Residential) zone districts, with approval of a use permit, but is not allowed in the A -R zone district. The Zoning Ordinance also provides that legal nonconforming uses may be continued, in certain cases. As set forth in Section 24-35.15, a use lawfully established and not in violation of any ordinance,.statute or regulation in effect at that time may be continued even though the use may not conform to the current zoning regulations. The Director of Development Services determined, based on the building permit records, and the . declaration of the applicant, that the rest, home on the project site had been operated prior to the change in zone to A -R. The previous facility was, therefore, a legal. nonconforming use within the meaning of the Zoning Ordinance. Section 24-35.45 provides. that: the right to continue a legal nonconforming use will be lost if the use is voluntarily discontinued with the intent not to resume the use. The first issue dealt with by the Director, therefore, was whether the previous use had been voluntarily abandoned. In Attachment C, the Director advised the applicant that, based on regulatory action taken by the California Division of Forestry and the State Department of Development Services, the previous use had not been voluntarily abandoned. This determination allowed the previous operation to continue and be treated as a legal nonconforming use, • notwithstanding its period of non -operation. In his letter dated October 26, 2001, the Director also advised the applicant that the proposed operation by the applicant was not identical to the previous operation, and would require a use permit. The Director noted that Section 24-35.20 of the Zoning Ordinance provides that no nonconforming use shall be expanded, enlarged, extended, reconstructed, substituted or structurally altered unless made to conform to the current use standards and regulations of the zone in which it is located. The Zoning Ordinance provisions regarding Nonconforming Uses are attached as Attachment F. The applicant has appealed to the Board of Supervisors from this determination. The applicant asserts that the proposed operation would not be a substitution of. one use for another, and would not alter or expand the previous operation. The applicant has also submitted petitions in support of the proposed project, attached as Attachment G. The issue before the Board is whether the proposed operation would fall under the language of Section 24-35.20 relating to expansion or substitution of a nonconforming use. If the Board determines that the proposed use is not an expansion or substitution of the existing nonconforming use, the Board may find that the proposed use may proceed without the requirement of a use permit, and subject to such other County, state or federal • regulations as may apply. If the Board finds that the proposed use would constitute a Appeal of Director Determination Margaret Porter Page 3 substitution or alteration of the previous use within the meaning of Section 24-35.20, the • Board should find that the applicant must obtain a use permit for the proposed use. RECOMMENDATION The Board should review the staff report and attached materials, and take one of the following actions: Deny the appeal, based on a finding that the use proposed by the applicant, -and considered by the Director, is not identical to the Comfort & Cheer Rest Home, in that the clients served would not be elderly, all would be ambulatory and the proposed operations could have a substantially different impact on the neighborhood than the Comfort & Cheer Rest Home, and the applicant is, therefore, required to obtain a use permit for the proposed operation pursuant to Section 24-25.20 of the Zoning Ordinance; or Grant the appeal, based on a finding that the proposed operation is identical to the Comfort & Cheer Rest Home, in that the facility would serve a resident population for fee, and would,provide services that are substantially similar and identical to the Comfort . 7 Cheer Rest Home, and the applicant is, therefore, not required to obtain a use permit for the proposed operation, pursuant to Section 24-35.20 of the Zoning Ordinance. U Appeal of Director Determination Margaret Porter Page 4 • V 4 LJ li A y 1l1:�1a: Of -Maffftlist Margaret Poler lU • no i® � 1 ME MR111, NMI t r1 LJ • 1882 Tehama Ave. Oroville, CA 95965 AP# 30-462-021 Tom Buford 7 County Center Dr. Oroville, CA 95965 Dear Tom Buford: SEP 2 0 2001 BUTTE COUNTY PLANNING DIVISION I am currently in the process of re -opening a care home. I am writing to you to inform you of the involuntary closure of the last care home that was in this facility. The previous facility, most recently named Comfort and Cheer Rest Home, has been in operation since the 1960's and was so until 1998. 1 have included, with this letter, as much proof of this statement as I could find. In 1998, Comfort and Cheer was not in compliance with regulations mandated by Butte County Fire Department and was involuntarily closed. I have enclosed proof of this action with a letter from the fire department I am currently working with the Building Department to be in compliance with county codes and ordinances. By definition, in section 2435.10 of Butte County Code, this is a nonconforming use. According to section 2435.15 the use of a legal nonconforming building may be continued even though such use or building may not conform to regulations of zones of which it is located. Also, in section 2435.45, the Director of Development Services may determine that this nonconforming use/building was not abandoned but rather involuntarily closed (by the fire department) and through this information may continue such use. My facility will care for persons who do not require assistance with personal care (e.g. showering, laundry, and medications). Comfort and Cheer Rest Home and my current facility, Family Living Care Home, are nearly identical. I have listed many of these similarities below: 1. The amount of rent per client is equal and the disbursement of these funds goes toward the same needs: food, electricity, gas, water, garbage, lease . payment, home maintenance, basic cable, local phone service,. and employee salaries. 2. There will be two clients per bedroom with similar furnishings, and a total maximum occupancy of eighteen. 3. Personal care similarities provided are three meals a day with snacks, personal hygiene products, laundry facilities with cleaning supplies and first aid products. 4. Fire prevention measures are similar. We have a centrally located fire extinguisher, smoke detectors in all rooms and halls, a pull alarm, emergency exit plans posted in all bedrooms and exit signs over all doorways with outside access. 5. There is handicap access including outside ramps with guardrails and large doorways for wheelchair access. 6. Sanitation standards are similar. a. Double -bagged personal trash b. Food storage in airtight containers c. Dishwasher for dishes, cups, glasses and utensils d. Equal standards of aseptic cleanliness for bathroom, kitchen and laundry facilities 3 • Page 2 September 12, 2001 7. This facility will have an attractive appearance inside and out. • 8. Clients will be encouraged and assisted to become involved with appropriate community services. 9. There is a structured living environment, which provides for clients to become involved with household concerns and decisions. It also includes house rules and policies. 10. Assistance with transportation will be available. 11. Staff will be educated and experienced. 12. Clients can stay indefinitely under the terms of the contract 13. Entertainment similarities available are television, movies, magazines, books and newspapers. Also transportation to community activities. 14. Finally, this and other care homes are a much-needed service to people in our community. The purpose of this letter is to obtain your approval to continue the use of this building/care home. Please send me notification of your decision as soon as possible. Thank you for your time and consideration with this matter. • Respectfully, Margaret Porter Director Family Living Care Home Enclosures (3) mp is 4 • LIS055 LICENSING INFORMATION SYSTEO- FACILITY PR • • PROFILE DATE: 09/07/01 EVALUATOR: 0207 DO: 25 'FAC NBR: 04 1374777 STATUS: CLOSED, AGY INIT. FRC NAME: COMFORT & CHEER REST HOME CAPACITY: 0018 FRC ADDR: 1882 TEHAMA AVE., OROVILLE, CA 95965 FAC MAIL: 1882 TEHAMA AVE., OROVILLE, CR 95965 FRC TYPE: RESIDENTIAL -ELDERLY CLIENT SERVED: ELDERLY FIRST LICENSED: 04/25/9 APP.REC'D: 11/17/93 COUNTY: BU DIRECTOR: GENEZA, BENJAMIN PHONE: (530) 533 - 5469 DATE CAP INC: DATE CAP RPPR: ANNUAL FEES CURRENT: N/A LICENSEE NAME: GENEZA, BENJAMIN LIC.MAIL: 1216 FULTON AVE., VALL•EJO, CA 94591 LIC EFF DATE: 04/25/94- TYPE: INDIVIDUAL. FRC DUAL'IDENTIFIER: N DUAL LICENSE NBR: FCRB: COMMENTS AMBULATORY, 6 NONAMBULATORY, AGES 60 YEARS ANDOVER FRC CLOSED DATE: 05/19/98 E-MAIL: LAST VISIT DATE: 04/09/98 TYPE: COMPLAINT LAST DEFERRED VISIT DATE: TYPE: SUPPLEMENTARY PERSONAL HISTORY: 000 LAST REPORTED FIRE CLEARANCE: 02/09/94 R = MENU, Y = DATES, F = SUMMARY, H =PAYMENT HISTORY, ENTER = PROFILE DECE L� SEP 202001 BUTTE COUNTY PLANNING DIVISION f LIS055 LICENSING INFORMATION SYSTEO FACILITY PROFILE DATE: 09/07/01 EVALUATOR: 0207 DO: 25 FAC NBR: 04 1371384 STATUS: CLOSED, LIC INIT. FRC NAME: COMFORT & CHEER REST HOME CAPACITY: 0018 FAC ADDR: 1882 TEHAMA AVE., OROVILLE, CR 95965 FRC MAIL: 1882 TEHAMA AVE., OROVILLE, CA 95965 FRC L -ELDERLY CLIENT SERVED: ADULT/ELDERLY C FIRST LICENSED: 01/14/ APP REC'D: 10/22/87 COUNTY: BUTTE DIRECTOR: FERRER, MARINA - PHONE: (530)533-5469 DATE CAP INC: DATE CAP APPR:. ANNUAL FEES CURRENT: N/A LICENSEE NAME: FERRER, MARINA AND.JAIME LIC MAIL: 150 ORO VIEW DRIVE, OROVILLE, CA 95965 .-LIC EFF DR TE: 01/14/94 TYPE: INDIVIDUAL FAC DUAL IDENTIFIER: N DUAL LICENSE NBR: FCRB: COMMENTS 12 AMBULATORY/6 NON-AMBULATORY, AGES 60 RND OVER FRC CLOSED DATE: 04/25/94 E-MAIL: LAST VISIT DATE: 01/14/94 TYPE: ANNUAL LAST DEFERRED VISIT DATE: TYPE: SUPPLEMENTARY PERSONAL HISTORY: 000 LAST REPORTED FIRE CLEARANCE: 10/02/91 R = MENU, Y =.DATES, F = SUMMARY, H=,PRYMENT HISTORY, ENTER PROFILE D E C -E E SEP 2 0 2001 BUTTECOUNTY PLANNING DIVISION • • of �ra i W 7 October 17, 2001 Margaret Porter Director, Family Living Care Home 1882 Tehama Avenue Oroville, CA 95965. Re: Request for Director Determination Dear Nis. Porter: ,butte Count L A N D O F NATURAL WE A L T H A N D B E A U i" DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE. CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.buttecounty.net You have requested a determination by the Director of the Department of Development Services pursuant to Section 24-35.45(b) of the Butte County Zoning Ordinance regarding the following issue: Was the nonconforming use by the Comfort & Cheer Rest Home on Assessor Parcel • ,Number 030-462-021 abandoned? The purpose of your inquiry is to determine whether you may apply for a use permit in connection with the proposed establishment of Family Living Care Home. If the prior use was abandoned, the operation of the Family Living Care Home, a group home facility, would not be permitted, as explained below. The parcel in question is zoned AR (Agricultural Residential). Operation of the Comfort & Cheer Rest Home was not a use permitted in the AR zone district, but was apparently pre- existing. The initial building permit application for the structure was dated September 1, 1966. The permit was issued by 'the County, and was finalized through inspection on December 6, 1966. The use was, therefore, entered into with the benefit of permits and was lawful. The Zoning Ordinance provisions regulating lawful nonconforming uses therefore apply.. Section 24-35.20 provides that any nonconforming use may be changed to another nonconforming use, and enlarged or extended, upon obtaining a use permit from the Planning Commission, with the findings required by that section. This would not be available if the use had been abandoned as provided for in Section 24-35.45(x). That section provides: A nonconforming use shall be abandoned when it is voluntarily discontinued with the intent not to resume it. There shall be a presumption that a nonconforming use which has been discontinued for a period of twelve (12) consecutive months has been abandoned; • however, the property owner, occupant or other party asserting the right to said use may submit.evidence to rebut the presumption including evidence that the discontinuance was not voluntary. The property owner, occupant or other party asserting the right to aylegal 1 nonconforming use has the burden of proving the legal and continuing existence of the use. Once abandoned, a nonconforming use shall no longer be a legal nonconforming use entitled to the rights and privileges described in this :Chapter and thereafter shall be made to conform to the uses, standards and requirements of the zone in which it is located. You have provided a copy of letter dated April 8, 1998 to Benjamin Geneza regarding the Comfort & Cheer Rest Home, withdrawing the Fire Clearance for the facility. (Please see Attachment.) The facility was closed on May 19, 1998 according to the Facility Profile from the State Department of Social Services, Community Care Licensing, which also indicates the license to operate issued by that department was revoked. (Please see Attachment.) Cessation of business due to the action 'of the State Department of Social Services and California Department of Forestry and Fire Protection was not a voluntary action on the part of the operators of the facility. The closure was involuntary. It is, therefore, my determination that the legal nonconforming use on Assessors. Parcel Number 030-462-021 was not voluntarily abandoned, and the Department will accept and process an application for a use permit in connection with the proposed establishment and operation of the Family Living Care Home or similar facility. If you have any questions regarding the above, please contact me at (530) 538-6821. C V?trulyT Interim Director -Development Services TB Jb Attachments: Letter, April 8, 1998 from California Department of Forestry and Fire Protection cc: County Counsel, w/Attachment Planning File, w/Attachments Building File,,APN 030-462-021; w/Attachment • CALIEG-RNIA DEPARTMEN FORESTRY AND FIRE PRO71 .TION OFFICE OF THE STATE FIRE MARSHAL CHICO BRANCH OFFICE 4 WILLIAMSBURG LANE. SUITE A CHICO. CALIFORNIA 95925. Benjamin Geneza 1216 Fulton Avenue Vallejo, California 94591 Dear Mr. Geneza, April 8, 1998 Comfort & Cheer Rest Home CSFM #00-04-42-0001-000-555-9 15.0)335.13!2 CALNET 3-+59-4312 An inspection of the referenced facility was recently conducted in accordance with Section 0108(c) of the California Health and Safety Code. The purpose was to determine compliance with the minimum fire and life safety standards required by Titles 19 and 24 of the California Code of Regulations. The attached report is to advise you of the actions that are required to correct the noted deficiencies. To insure this facility is brought into compliance within a reasonable time, please • submit your plan for accomplishing these corrections, to this office, within 30 days from receipt of this notice. I Your current Fire Clearance is withdrawn and will be withheld until these -- hazards are abated. If we can be of further assistance, or you desire additional information or clarification, please contact me at the Chico Branch office, (916) 895-4312. Sincerely. „ oZ Jack Ptrisky Deputy State Fire Marshal cc: Marie Smith. Supervisor, CC Licensing • Robert Caldwell. Acting Supervisor, CC Licensing Donna Gurriere, Evaluator. CC Licensing 0 IR SEP 2 0 �t DIVISION 9 .• y H: z y C • t. 1882 Tehama Ave. O�ovlle, Ca. 95965 • October 18, 2001 d In reply to: Phone conversation on Oct 18, 2001 and letter of response dated Oct 17, 2001. Mr. Tom Buford 7 County Center Drive. Oroville, Ca. 95965 Dear Mr. Buford: After careful consideration of your opinion of it being unnecessary for me to write another letter concerning my request, I have decided it would be in my best interest to respond to your reply in writing (considering the time limit for appeal). My reply is as follows: Thank you for your response to my request for you to grant me permission to re -open this care home without a use permit. I read your letter thoroughly and did not find an answer to • that request I have decided to restate this so as to make sure of your understanding of my request Considering your decision of the involuntary closure of Comfort and Cheer Care Home, please' send. in writing permission, granted in section 2435.15 of the Butte County Code for ,me to continue the use of this legal non -conforming' building/care home. Thank you for your time and prompt written response. Respectfully, 1 L/L Margaret F. Porter Director Family Living Care Home Enc. 3 MP D E1E OCT 1 8 2001 • BUTTE COUNTY PLANNING DIVISION u He �OIIIZ� L A N D O F NATURAL W E A L T H AND B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES October 26, 2001 7 COUNTY CENTER DRIVE - OROVILLE. CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 • FAX: (530)538-7785 www.buttecounty.net Margaret Porter, Director Family Living Care Home 1882 Tehama Avenue Oroville, CA 9596 Re: Request for Director Determination; APN 030-462-021 Dear Ms. Porter: In my letter dated October 17, 2001, I provided my determination that the nonconforming use by the Comfort & Cheer Rest Home on Assessor Parcel Number 030-462-021 had not been voluntarily abandoned, and, therefore, had not been abandoned within the meaning of Zoning Ordinance Section 24-35.45(a). • You have requested an additional Director Determination with regard to whether a use permit is required in connection with your proposed operation. The Zoning Ordinance provides, in Section 24-35.20, in part: "...[N]o nonconforming use shall be expanded, enlarged, extended, reconstructed, substituted, or structurally altered unless made to conform to the use standards and regulations for the zone in which it is located. Provided, however, that any nonconforming use. may be changed to another nonconforming use, expanded, enlarged, extended, reconstructed, or structurally altered upon obtaining a use permit from the Planning Commission." Your letter dated September 20, 2001 indicated that the previous facility had been in operation since the 1960's. Information you provided indicates that the facility served elderly clients, some of who were ambulatory, and,some that were not. It is my understanding that, while your proposed operation has `some features in common with the previous operation, your clients will not be restricted to the elderly, and you do not intend to identify clients as ambulatory or non-ambulatory. Your operation is not identical to the previous operation. The operation you propose, as it would serve the non - elderly. cannot be characterized as a rest or nursing home, and could have significantly ' different impacts on the surrounding properties than the previous operation. r Margaret Porter, Director • Family Living Care Home October 26. 2001 Page Use permits are designed to consider specific aspects of a proposed activity, and identify. conditions of approval that would minimize conflicts with surrounding residents. The zone district in which the facility is located is 'Agricultural Residential,. -and various a concerns, including noise, lighting, and traffic, should be considered in this regard. It is, therefore, my determination that a use permit is required in connection with the operation of your proposed facility, pursuant to Section 24-35.20 of the Zoning Ordinance., While there is no specific provision in the Zoning Ordinance for an appeal in this case, you may appeal this determination. to the Board of Supervisors either pursuant to Section 24-35.45(b) of the' Zoning Ordinance, or Section 2-19.1 of the County's Code. The appeal should be filed within fifteen days of the mailing of this determination. There is no fee required for the filing of such an appeal. Please let me know if you have any questions concerning the above determination. Very truly , urs, .Tomouford IntJ,-dm Director -Development Services TB:jb cc: County Counsel Planning File Building File, APN 030-462-021 s, 12 4 • I ■ Chapter 24 of the Butte County Code ■ NONCONFORMING USES • SECTION 24-35 NONCONFORiIMING USES rI L Existing uses, structures and buildings, and lots or parcels which do not conform to the regulations of the zone in which they are located shall be subject to these specific regulations. It is the purpose of this Article to establish procedures to permit the continued operation of such uses where such uses are,appropriate while eliminating no uses through abandonment, obsolescence or destruction. (Ord. No. 3176, § l (Exh. A), 1-24-95) SECTION 24-35.10 TYPES OF NONCONFORMING USES DEFINED As used in this chapter, the term nonconforming uses includes several types of nonconformities. Several distinct types of nonconformities can be distinguished from one another. These include: (a) Nonconforming building. That situation which occurs when a building or structure does not conform to the zone regulations because of size, height, location, materials or proximity to other buildings; and (b)! Nonconforming use of a building. That situation which occurs when the use of a building or structure does not conform although the building or structure does; and (c) Nonconforming uses of land. That situation where the use of the land regardless of any buildings of structures does not conform; and (d) Conditional use without use permit. That situation where a use which is listed as a conditional use of the zone in which it is located does not have a use permit. For the purposes of this chapter these various nonconformities shall be known as nonconforming uses. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.15 CONTINUED USE OF A LEGAL NONCONFORMING USE Except as hereinafter otherwise provided, any use, building or structure, existing on the effective date of this chapter may be continued even though such use,, building or structure may not conform with the regulations of the zone in which it is located. Provided, however, that such use must have been lawfully established and not in violation of any ordinance, statute or regulation in effect at the time. Furthermore, such use, structure or building must have been in existence at the time, not merely contemplated. Use Permits, variances, building permits or other permits not exercised within the required time do not establish the right to a legal nonconforming use. Pursuant to law, the party asserting a right to a nonconforming use has the burden of proof to establish the lawful and continuing existence of the use at the time of the enactment of the ordinance, statute or regulation. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) ■ Comprehensive Zoning Ordinance ■ 13 ■ Chapter 24 of the Butte County Code ■ SECTION 24-35.20 CHANGE OR EXPANSION.OF NONCONFORMING USE • Except as hereinafter otherwise provided. no nonconforming use shall be expanded, enlarged, extended. rzconstructed. substituted, or "structurally altered unless made to conform to the use standards and regulations for the zone within which it is located! Provided, however, that any nonconforming use may be changed to another nonconforming use, expanded, enlarged, extended, reconstructed, or structurally altered upon obtaining a use permit from the Planning Commission. When considering a use permit for a nonconforming use, the Planning Commission shall grant the use permit when it finds that the change, expansion, enlargement, extension, reconstruction, or structural alteration of such use will not conflict with. impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins. This finding shall be in addition to the findings required by Section 24-45.10 of the Butte County Zoning Ordinance. Pursuant to Section. 24-45.15 the Planning Commission may impose conditions upon the issuance of the use permit which are reasonably related to the use of the property for which the use permit is requested. In addition the Planning Commission may at its own discretion establish a date for either the termination of the use or review of the use permit. Whenever a nonconforming use has been changed to conform to the uses, standards and regulations of the zone in which it is located such nonconforming use shall not thereafter be changed to a nonconforming use. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.25 RESIDENTIAL SUBSTITUTION PERMITTED The substitution of a single nonconforming residential building or structure is permitted subject to a review and conditions imposed by the Director of Development Services. Such conditions shall be limited to setbacks, yards, locations, height, and placement of the building or structure on the property. Substitution • of a nonconforming mobile home shall be considered a permitted residential substitution under the terms of this chapter. (Ord. No. 3176. § 1 (Exh. A), 1-24-95) SECTION 24-35.30 MAINTENANCE AND REPAIRS FOR SAFETY Nothing in this chapter shall prevent the normal, ordinary, customary maintenance of a nonconforming use provided that such maintenance does not include major structural alterations which have the effect of expanding, enlarging or extending the nonconforming use. Nothing in this chapter shall prevent any such repair, alteration or restoration to a safe condition of any portion of a nonconforming use when so directed by the Butte County Public Works Director upon a finding that such is necessary for the protection of the public health and safety. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.35 CONSTRUCTION -- USE PERMITS -- AMENDMENTS (a) Nothing in this chapter shall require any change in the plans, construction size or designated use of any land, building or structure for which building permits have been issued, in accordance with the provisions of this chapter or ordinances then in effect. Provided, however, that the actual use or construction under such permit has started prior to the effective date of this chapter .and in all such cases be carried out in a normal manner until completion. ■ Comprehensive Zoning Ordinance ■ 11 -10 ■ Chapter 24 of the Butte Countv Code ■ (b) Except as provided in subsection (a) of this Section and Section 24-45 et seq., any rezoning or • subsequent amendment of this chapter which has the effect of eliminating a particular conditional use or changing the conditions under which a particular conditional use may be allowed shall remain valid, unless specifically stated to the contrary in the amending ordinance. Subject to the limitations of Section 24-45 et seq: any such Use Permits shall remain valid and may be used, extended, transferred or modified through amendment to the same extent that the rezoning or amendment was not adopted. No extension of a Use Permit shall be granted following such rezoning or amendment unless the applicant makes a satisfactory showing to the Planning Commission that there have been substantial expenditures made in reliance upon the continued effectiveness of the use permit within the prescribed time period and/or the inability to complete the project authorized by the Use Permit is due to reasons beyond the applicant's control. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.40 NONCONFORMING PARCELS OF RECORD Except as otherwise provided in this chapter or where specifically merged under the provisions of Section 66499.11 et seq. of the Government Code, any legally established parcel of land of record having less than the minimum width or frontage required for the zone in which it is located, may be used for a permitted use provided that the parcel: (a) Meet[s] the other area or dimensional standards and requirements for the proposed use unless changed by the Planning Commission with a variance; and • (b) Meet[s] the requirements of the Butte County Health Division for the provisions of water and sewage disposal. Side yard setbacks on nonconforming lots may be reduced by five (5)foot increments until at least a seventy-five (75) foot wide building envelope is achieved. No side yard setback requirement is to be reduced below ten (10) feet. Such modification of side yard setbacks is to be approved in each and every case by the Director of Development Services or deputy after finding that the subject property is a legally created nonconforming lot. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.45 ABANDONMENT OF NONCONFORMING USE (a) Abandonment; Consequences. A nonconforming use shall be abandoned when it is voluntarily discontinued with the intent not to resume it. There shall be a presumption that a noncon- forming use which has been discontinued for a period of twelve (12) consecutive months has been abandoned; however, the property owner, occupant or other party asserting the right to said use may submit evidence to rebut the presumption including evidence that the discontinuance was not voluntary. The property owner, occupant or other party asserting the right to a legal nonconforming use has the burden of proving the legal and continuing existence of the use. Once abandoned, a nonconforming use shall no longer be a legal nonconforming use entitled to the rights and privileges described in this Chapter and thereafter shall be made to conform to the uses, standards and requirements of the zone in which it is located. • ■ Comprehensive Zoning Ordinance ■ 15 ■ Chapter 24° of the Butte County Code ■ (b) Determination of Abandonment. Appeal The Director of Development Services may determine whether or, not a nonconforming use has been abandoned and may mail notice of such • determination to the property owner using the address from the latest equalized assessment roll of the County of Butte and to the occupant at the street address of the property. The property owner or occupant may, within fifteen (15) days of the mailing of said determination, appeal the determination to the Board of Supervisors. If no such appeal is filed, the determination of the Director of Development Services shall be final. If such appeal is filed, it shall be filed and heard in the same manner as appeals pursuant to Section 24-45.30. There shall be no fee required for the filing of such an appeal. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.50 RESTORATION OF NONCONFORMING BUILDINGS OR STRUCTURES A nonconforming building or structure which does not conform to the required side yard, rear yard, or street setback areas, which is demolished, damaged or destroyed totally or in part, may be restored to a total floor area or to the same extent as the original only upon securing a use permit pursuant to Section 24-45 et seq. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.55 RESTORATION OF NONCONFORMING USES A nonconforming use, building or structure,catastrophically damaged or destroyed totally or in part, may be restored to a total floor area or to the same extent as the original without a use permit. Provided, however, that any expansion, enlargement or extension of the nonconforming use be allowed only upon •securing, a use permit pursuant to Section 24-45 et seq. Any such restoration or reconstruction of a nonconforming use not requiring a use permit shall commence within twelve (12) months and be completed within twenty-four (24) months of the time of damage or it shall be deemed abandoned. Upon application to the Planning Commission an extension of time for the restoration of a noncotiforming use may be granted not to exceed five (5) years in total. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) ■ Comprehensive_ Zoning Ordinance 8 II. -1216 0 • X30) S331. > G,C0 1882 Tehama Avenue BOARD OF SUPERVISORS Oroville, Ca. 95965 NOV 0 7 2001 November 6, 2001 OROVILLE. CALIFORNIA RE: Determination to continue non -conforming use. Tom Burord Seven County Center Drive Oroville, Ca. 95965 Dear Tom Buford: I am writing to appeal your decision to- deny the re -opening of Family Living Care Home. Please forward this letter on to the Board of Supervisors. In addition, please send me a copy of your report to the board and a copy of your final determination letter. In respect for your position, I thank you for your quick response to my initial request. Respectfully, Margaret F. Porter Director Family Living Care Home N k L I am signing this petition in support of the opening of Family Living Care Home located at 1882 Tehama Ave, directed by Margaret Porter. I realize • this provides a specifically structured environment for those who desire a clean and sober dwelling. I also support the possibility of a slight increase in traffic. Printed Name Signature Address Phone•# Rent/Own ti G./ T Fl �_o yfld ,�- ,� '✓ P �9' , nT11,q /T, c gds yrs ' u Aku 6 S..) (_1,GAOt. OXOYiLcc ca '3Pr5Ff sett 13 iWAd C 0 I am signing this petition in support of the opening of Family • Living Care Home located at 1882 Tehama Ave, directed by Margaret Porter. I realize this provides a specifically structured environment for those who desire a'clean and sober dwelling. I also support the possibility of a slight increase in traffic. Printed Name Signature dress Phone # Ren /pwn �- C 4b8 .o o�v K 7 6, /e ar: ,7'o,s e, - Hit= la . dao 3 77-Y3yc cw 0 l I am signing this petition in support of the opening of Family Living Care Home located at 1882 Tehama Ave, directed by Margaret Porter. I realize this provides a specifically structured environment for those who desire a clean and sober dwelling. I also support the possibility of .a slight increase in traffic. Printed Name Signature Address Phone # -Rent Z �. < - D Z)W L-1 OP-rI44IWI i O4? 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CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.buttecounty.net Re: Request for Director Determination; A.PN 030-462-021 Dear Ms. Porter: In my letter dated October 17, 2001, I provided my determination that the nonconforming use by the Comfort &Cheer Rest Home on Assessor ad notPareel Number been abandoned6within the not been voluntar2-021 had ily .abandoned, and, therefo , meaning of Zoning Ordinance Section 24-35.45(a). You have requested an additional Director Determination with regard to whether a use permit is required in connection with your proposed operation. The Zoning Ordinance provides, in Section 24-3.20, in part: no use shall be expanded, enlarged, extended, reconstructed, substituted, or structurally altered unless made to conform to the use standards and regulations for the zone in which it is located. Provided, however, that any nonconforming use may be changed to another nonconforming use, expanded, enlarged, usenfromrthe Planning or structurally altered upon obtaining permit Commission." Your letter dated September 20, 2001 indicated that .the previous facility had been in P o eration since the 1960's. Information you provided indicates that the facility served elderly clients, some of who were ambulatory, and some that were no it is my understanding that, while your proposed operation has o the elderly, me features and you do with the previous operation, yoon ur clients will not be restricted not intend to identify clients as ambulatory or non-ambulatory. Your operation is not identical to the previous operation. The operation you propose, as it would serve the non - elderly, cannot be characterized as a rest or nursing home, and could have significantly different impacts on the surrounding properties than the previous operation. 23 • • 1882 Tehama Ave. Oroville, CA 95965 AP# 30-462-021 Tom Buford 7 County Center Dr. Oroville, CA 95965 Dear Tom Buford: p ECEowE B:,ITTE COUNTY PEANkIING 01VISION I am currently in the process of re -opening a care home. I am writing to you to inform you of the involuntary closure of the last care home that was in this facility. The previous facility, most recently named Comfort and Cheer Rest Home, has been in operation since the 1960's and was so until 1998. 1 have included, with this letter, as much proof of this statement as I could find. In 1998, Comfort and Cheer was not in compliance with regulations mandated by Butte County Fire Department and was involuntarily closed. I have enclosed proof of this action with a letter from the fire department I am currently working with the Building Department to be in compliance with county codes and ordinances. By definition, in section 2435.10 of Butte County Code, this is a nonconforming use. According to section 2435.15 the use of a legal nonconforming building may be continued even though such use or building may not conform to regulations of zones of which it is located. Also, in section 2435.45, the Director of Development Services may determine that this nonconforming uselbuilding was not abandoned but rather involuntarily closed (by the fire department) and through this information may continue such use. My facility will care for persons who do not require assistance with personal care (e.g. showering, laundry, and medications). Comfort and Cheer Rest Home and my current facility, Family Living Care Home, are nearly identical. I have listed many of these similarities below- 1. elow 1. The amount of rent per client is equal and the disbursement of these funds goes toward the same needs: food, electricity, gas, water, garbage, lease payment, home maintenance, basic cable, local phone service, and employee salaries. 2: -There will be two clients per bedroom with similar furnishings, and a total maximum occupancy of eighteen. 3. Personal care similarities provided are three meals a day with snacks, personal hygiene products, laundry facilities with cleaning supplies and first aid products. 4. Fire prevention measures are similar. We have a centrally located fire extinguisher, smoke detectors in all rooms and halls, a pull alarm, emergency exit plans posted in all bedrooms and exit signs over all doorways with outside access. 5. There is handicap access including outside ramps with guardrails and large doorways for wheelchair access. 6. Sanitation standards are similar. a. Double -bagged personal trash b. Food storage in airtight containers • c. Dishwasher for dishes, cups, glasses and utensils d. Equal standards of aseptic cleanliness for bathroom, kitchen and laundry facilities 24 • Page 2-. September 12, 2001 7. This facility will have an attractive appearance inside and out. • & Clients will be encouraged and assisted to become involved with appropriate community services. 9. There is a structured living environment, which provides for clients to become involved with household concerns and decisions. It also includes house rules and policies. 10. Assistance with transportation will be available. 11. Staff will be educated and experienced. 12. Clients can stay indefinitely under the terms of the contract .13. Entertainment similarities available are, television, movies, magazines, books and newspapers. Also transportation to community activities. 14. Finally, this and other care homes are a much-needed service to people in our community. The purpose of this letter is to obtain your approval to continue the use of this building/care home. Please send me notification of your decision as soon as possible. Thank you for your time and consideration with this. matter. • Respectfully, Margaret Porter Director Family Living Care Home Enclosures (3) mp n U 25 CAL! , NIA DEPARTMENT - F ESTRY AND FIRE PROTECTION OFFICE OF THE STATE FIRE MARSHAL CHICO BRANCH OFFICE 4 WILLIAMSBURG LANE, SUITE A �• CHICO, CALIFORNIA 95926 Benjamin Geneza 1216 Fulton Avenue Vallejo, California 94591 Dear Mr. Geneza, J April 8, 1998 Comfort & Cheer Rest Home CSFM #00-04-42-0001-000-555-9 ;rurugy o�rr'pMari rr (SJO) 995-.312 CALNET 8-4594312 An inspection of the referenced facility was recently conducted in accordance with Section 13.108(c) of the California Health and Safety Code. The purpose was to determine compliance with the minimum fire and life safety standards required by Titles 19 and 24 of the California Code of Regulations. . The attached report is to advise you of the actions that are required to'correct the noted deficiencies. • To insure this facility is brought into compliance within a reasonable time, please submit your plan for accomplishing these corrections, to this office', within 30 days from receipt of this notice. Your current Fire Clearance is withdrawn and will be withheld until these hazards are abated. If we can be of further assistance, or you desire additional information or clarification, please contact me at the Chico Branch office; (916) 895-4312. Simerely, ,1 f Jack Pirisky �. Deputy State Fire Marshal D - cc: Marie Smith, Supervisor, CC Licensing SEP 2 0 2001. • Robert Caldwell, Actino Supervisor, CC Licensing Donna Gurriere, Evaluator, CC .Licensing SUITE COUNTY PLANNING DIVISION BU17.E COUNTY,, ^ , � CLERK OF THE BOARD USE ONLY 'BOARD OF,.SUPER%rqRS SIP MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDA TITLE: Margaret Porter, Appeal from Director Determination DEPARTMENT: DDS, Planning DATE: 11/30/01 MEETING DATE REQUESTED: 12/18/01 CONTACT: Tom Buford PHONE: 6821 REGULAR X CONSENT DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Department Summary and Requested Board Action This matter is brought before the Board of Supervisors as an appeal of a determination by the Director of Development Services. On October 17, 2001, the Director determined that a proposed use of property at 1882 Tehama, Oroville, required a use permit because it would substitute one legal nonconforming use for'another. The applicant, Margaret Porter, plans to operate a residential facility. The Family Living Care Home would provide a place of residence for up to eighteen individuals. The facility would be located at 1882 Tehama Avenue, Oroville. The Board should review the staff report and attached materials, and take one of the following actions: Deny the appeal, based on a finding that the use proposed by fhe applicant, and considered by the Director, is not identical to the Comfort & Cheer Rest Home, in that the clients served would not be elderly, all would be ambulatory and the proposed operations could have a substantially different impact on the neighborhood than the Comfort & Cheer Rest Home, and the applicant is, therefore, required to obtain a use permit for the proposed operation pursuant to Section 24-25.20 of the Zoning Ordinance; or Grant the appeal, based on a finding that the proposed operation is identical to the Comfort & Cheer Rest Home, in that the. facility would serve a resident population for fee, and would provide services that are substantially similar and identical to the Comfort 7 Cheer.Rest Home, and the applicant is, therefore, not required to obtain a use permit for the proposed operation, pursuant to Section 24-35.20 of the Zoning Ordinance. AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No X CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes NoX Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline) Will Proposal Require an Agreement: Yes No X 4/5's Vote Required: Yes: No: Auditor -Controller's Number (if required): County Counsel's Approval: Yes Nog_ Date Received by Clerk of Board: Will Proposal Require Additional Personnel: Yes No X Number of Permanent: Temp Extra Help Previous Board A&BKDirector Determination Additional Information Attached: Yes X No Describe: Margaret Porter ParkPt Kev. inra "s� '# SPLAL INSTRUCTIONS TO CLEW Number of originals required to be returned to Department: "Please Note`* Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor's copy ONLY. - Requested Board Action: Ordinance Required Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Source of Additional Funds Requested Estimated Cost $ Contingencies $ (Fund Name: ) (Fund Number: ) Amount Budgeted $ Unanticipated Revenue $ (Budget Unit Number: ) (Source:_ ) t (Fund Name: ) (Rev. Code: _ ) (Fund Number: ) Other Transfer(s) $ 1. Complete worksheet below 2. Deadline is one business day crior r to normal agenda deadline " Additional Requested $ Total Source of Funds- $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Authorized Signature Board Action Required for B -Transfer? Yes No Date BUDGET TRANSFER REQUEST WORKSHEET Transfer Request: AMOUNT LINE ITEM LINE ITEM Transfer t (No Cents) From To Transfer $ (No Cents) From`- To , Transfer S (No Cents) From To Transfer S (No Cents) From To TABLE OF CONTENTS r B-oard Agenda Form Board Agenda Report PAGE Attachment A: Site Location Map and Mailing Radius Map 1 Attachment B: Applicant's Letter dated September 12, 2001 3 ti Attachment C: Director's written response 7 Attachment D: Applicant's Letter dated October 18, 2001 10 Attachment E: Director's determination dated October 26, 2001 11 Attachment F: Zoning Ordinance provisions regarding nonconforming uses 13 Attachment G: Petitions in support of proposed project 18 K:\PORTER TABLE OF CONTENTS.doc k MEMORANDUM r DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Butte County Board of.Supervisors FROM: Tom Buford, Interim Director of Development Srvices SUBJECT: AGENDA REPORT, APPEAL FROM DIRECTOR, DETEMINATION BY MARGARET PORTER DATE: November 28, 2001 1 ti SUMMARY AND BACKGROUND This matter is brought before the Board of Supervisors as an appeal of a determination by the Director of Development Services. On October 17, 2001, the Director determined that a proposed use of property at 1882 Tehama, Oroville, required a use permit because it would substitute one legal nonconforming use for another. The applicant, Margaret Porter, plans to operate a residential facility. The Family Living Care Home would provide a place of residence for up to eighteen individuals. The facility would be located at 1882 Tehama Avenue, Oroville. Attachment A provides a site location map and mailing radius map for the site. The General Plan designation for the proposed project site is Low Density Residential. The property is located in the Agricultural Residential zone district. Building Division records indicate the building on the site was constructed in 1967. as a rest home facility. At that time the parcel was zoned A-2 The A-2 District allowed all uses except those that required a use permit. A rest home was not one of the uses identified as requiring a use permit, and was, therefore, a permitted use at the time the use was initiated. Appeal of Director Determination Margaret Porter Page 1 • • The Comfort & Cheer Rest Home was thereafter operated on the site. The facility was licensed by the State Department of Social Services, and had a capacity of 12 ambulatory and 6 non-ambulatory residents. Zoning on the parcel was changed in the 1980's to the current zoning of A -R (Agricultural Residential.) Rest homes or rooming and boarding facilities, as defined in the Zoning Ordinance, are not allowed in the A -R zone district. The facility, therefore, continued in operation as a legal nonconforming use. The Comfort & Cheer Rest Home facility was closed in 1998. At that time, the California Division of Forestry revoked the facility's fire clearance, and the license under which the facility operated was revoked by the State Department of Social Services. The facility has been closed since'that time. The applicant proposes to re -open the facility. Residents would not be restricted to the elderly, and no non-ambulatory residents would be accommodated. Residents would be those selected by the operators, and would be persons who were in recovery from alcohol addiction. The applicant contacted the Director of Development Services regarding the permits, if any, that would be required to operate the proposed facility. The applicant's letter dated September 12, 2001, requesting a determination that the use of the previous facility had not been voluntarily abandoned, is attached as Attachment B. The Director's written response, dated October 17, 2001 is attached as Attachment C. The applicant also requested a Director determination that the operation of the new facility would be a continuation of the previous legal nonconforming use at the site, and, therefore, could operate without the requirement of a use permit. The applicant's letter dated October 18, 2001 requesting this determination is attached as Attachment D. The Director determination dated October 26, 2001 denying this request is attached as Attachment E. Zoning Ordinance Sections 24-35 et seq. establish regulations for nonconforming uses. Section 24-35.45(b) provides for an appeal from a Director determination regarding voluntary abandonment of a legal nonconforming use. This appeal has been treated as falling under that section of the Zoning Ordinance, given the close relationship of the two issues involved. DISCUSSION The Butte County Zoning Ordinance provides for zone districts, with allowed and prohibited uses in each. The project site is located at 1882 Tehama Avenue, Oroville, in the A -R (Agricultural Residential) zone district. Appeal of Director Determination Margaret Porter Page 2 The proposed use of the property at that location would be a residential care facility. Such a facility would be allowed in the R-1 through R-4 (Residential) zone districts, with approval of a use permit, but is not allowed in the A -R zone district. The Zoning Ordinance also provides that legal nonconforming uses may be continued, in certain cases. As set forth in Section 24-35.15, a use lawfully established and not in violation of any ordinance, statute or regulation in effect at that time may be continued even though the use may not conform to the current zoning regulations. The Director of Development Services determined, based on the building permit records, and the declaration of the applicant, that the rest home on the project site had been operated prior to the change in zone to A -R. The previous facility was, therefore, a legal nonconforming use within the meaning of the Zoning Ordinance. Section 24-35.45 provides that the right to continue a legal nonconforming use will be lost if the use is voluntarily discontinued with the intent not to resume the use. The first issue dealt with by the Director, therefore, was whether the previous use had been voluntarily abandoned. In Attachment C, the Director advised the applicant that, based on regulatory action taken by the California Division of Forestry and the State Department of Development Services, the previous use had not 'been voluntarily abandoned. This determination allowed the previous operation to continue and be treated as a legal nonconforming use, notwithstanding its period of non -operation. In his letter dated October 26, 2001, the Director also advised the applicant that the proposed operation by the applicant was not identical to the previous operation, and would require a use permit. The Director noted that Section 24-35.20 of the Zoning Ordinance provides that no nonconforming use shall be expanded, enlarged, extended, reconstructed, substituted or structurally altered unless made to conform to the current use standards and regulations of the zone in which it is located. The Zoning Ordinance provisions regarding Nonconforming Uses are attached as Attachment F. The applicant has appealed to the Board of Supervisors from this determination. The applicant asserts that the proposed operation would not be a substitution of one use for another, and would not alter or expand the previous operation. The applicant has also submitted petitions in support of the proposed project, attached as Attachment G. The issue before the Board is whether the proposed operation would fall under the language of Section 24-35.20 relating to expansion or substitution of a nonconforming use. If the Board determines that the proposed use is not an expansion or substitution of the existing nonconforming use, the Board may find that the proposed use may proceed without the requirement of a use permit, and subject to such other County, state or federal regulations as may apply. If the Board finds that the proposed use would constitute a Appeal of Director Determination Margaret Porter Page 3 0" substitution or alteration of the previous use within the meaning of Section 24-35.20, the Board should find that the applicant must obtain a use permit for the proposed use. RECOMNMNDATION The Board should review the staff report and attached materials, and take one of the following actions: Deny the appeal, based on a finding that the use proposed by the applicant, and considered by the Director, is not identical to the Comfort & Cheer Rest Home, in that the clients served would not be elderly, all would be ambulatory and the proposed operations could have a substantially different impact on the neighborhood than the Comfort & Cheer Rest Home; and the applicant is, therefore, required _ to obtain a use permit for the proposed operation pursuant to Section 24-25.20 of the Zoning Ordinance; or Grant the appeal, based on a finding that the proposed operation is identical to the Comfort & Cheer Rest Home, in that the facility would serve a resident population for fee, and would provide services that are substantially similar and identical to the Comfort 7 Cheer Rest Home, and the applicant is, therefore, not required to obtain a use permit for the proposed operation, pursuant to Section 24-35.20 of the Zoning Ordinance. Appeal of Director Determination Margaret Porter Page 4 VICINITY MAP. cottonwood R—d s, 2Projectlocation Nelson•AV o Teha .. a. ve , • � �� • mx hr i zr .�, r� RIVIj XU 100 NO�r �•,•'S:N3r>c'2'<'1<Yfz4<,;„..z<atx44,„.�f. u;€w„„�,a„ •%i,' yaks«'wr i}ri--•r :z>:,:.,,,S�z f „ £ �� ,� µ £�#kf3£#�##�fs , p # 3 #sm ##sE f#FggE3E IV • �:�-; Ey: sx>y,..o:.:�`..''1.`.t.._F?!SYS yttti: .. .� 1 y jf Y i Tom Buford 7 County Center Dr. Oroville, CA 95965 Dear Tom Buford: ECEOVE. SEP 2 0 2D01 BUTTE COUNTY PLANNING DIVISION I am currently in the process of re -opening a care home. I am writing to you to inform you of the involuntary closure of the last care home that was in this facility. The previous facility,- most recently named Comfort and Cheer Rest Home, has been in operation since the 1960's and was so until 1998. 1 have included, with this letter, as much proof of this statement as I could find. In 1998, Comfort and Cheer was not in compliance with regulations mandated by Butte County Fire Department and was involuntarily closed. I have enclosed proof of this action.with a letter from the fire department. I am currently working with the Building Department to be in compliance with county codes and ordinances. By definition, in section 24-35.10 of Butte County Code, this is a nonconforming use. According to section 24-35.15 the use of a legal nonconforming building may be continued even though such use or building may not conform to regulations of zones of which it is located. Also, in section 24-35.45, the Director of Development Services may determine that this nonconforming use/building was not abandoned but rather involuntarily closed (by' the fire department) and through this information may continue such use. My facility will care for persons who do not require assistance with personal care (e.g: showering, laundry, and medications). Comfort and Cheer Rest Home and my current facility, Family Living Care Home, are nearly identical. I have listed many of these similarities below: 1. The amount of rent per client is equal and the disbursement of these funds goes toward the same needs: food, electricity, gas, water, garbage, lease payment, home maintenance, basic cable, local phone service, and employee salaries. 2. There will be two clients per bedroom with similar furnishings, and a total maximum occupancy of eighteen. 3. Personal care similarities provided are three meals a day with snacks, personal hygiene products, laundry facilities with cleaning.supplies and first-aid products. 4. Fire prevention measures are similar. We have a centrally located fire extinguisher, smoke detectors in all rooms and halls, a pull alarm, emergency exit plans p9sted in all bedrooms and exit signs overall doorways with outside access. 5. There is handicap access including outside ramps with guardrails and large doorways for wheelchair access. 6. Sanitation standards are similar. a. Double -bagged personal trash b. Food storage in airtight containers c. Dishwasher for dishes, cups, glasses and utensils d. Equal standards of aseptic cleanliness for bathroom, kitchen and laundry facilities, 1882 Tehama Ave. Oroville, CA 95965 AP# 30-462-021 Tom Buford 7 County Center Dr. Oroville, CA 95965 Dear Tom Buford: ECEOVE. SEP 2 0 2D01 BUTTE COUNTY PLANNING DIVISION I am currently in the process of re -opening a care home. I am writing to you to inform you of the involuntary closure of the last care home that was in this facility. The previous facility,- most recently named Comfort and Cheer Rest Home, has been in operation since the 1960's and was so until 1998. 1 have included, with this letter, as much proof of this statement as I could find. In 1998, Comfort and Cheer was not in compliance with regulations mandated by Butte County Fire Department and was involuntarily closed. I have enclosed proof of this action.with a letter from the fire department. I am currently working with the Building Department to be in compliance with county codes and ordinances. By definition, in section 24-35.10 of Butte County Code, this is a nonconforming use. According to section 24-35.15 the use of a legal nonconforming building may be continued even though such use or building may not conform to regulations of zones of which it is located. Also, in section 24-35.45, the Director of Development Services may determine that this nonconforming use/building was not abandoned but rather involuntarily closed (by' the fire department) and through this information may continue such use. My facility will care for persons who do not require assistance with personal care (e.g: showering, laundry, and medications). Comfort and Cheer Rest Home and my current facility, Family Living Care Home, are nearly identical. I have listed many of these similarities below: 1. The amount of rent per client is equal and the disbursement of these funds goes toward the same needs: food, electricity, gas, water, garbage, lease payment, home maintenance, basic cable, local phone service, and employee salaries. 2. There will be two clients per bedroom with similar furnishings, and a total maximum occupancy of eighteen. 3. Personal care similarities provided are three meals a day with snacks, personal hygiene products, laundry facilities with cleaning.supplies and first-aid products. 4. Fire prevention measures are similar. We have a centrally located fire extinguisher, smoke detectors in all rooms and halls, a pull alarm, emergency exit plans p9sted in all bedrooms and exit signs overall doorways with outside access. 5. There is handicap access including outside ramps with guardrails and large doorways for wheelchair access. 6. Sanitation standards are similar. a. Double -bagged personal trash b. Food storage in airtight containers c. Dishwasher for dishes, cups, glasses and utensils d. Equal standards of aseptic cleanliness for bathroom, kitchen and laundry facilities, •Page 2 September 12, 2001 7. This facility will have an attractive appearance inside and out. 8. Clients will be encouraged and assisted to become involved with appropriate community services. 9. There is a structured living environment, which provides forclients to become involved with household concerns and decisions. It also includes house rules and policies. 10. Assistance with transportation will be available. 11. Staff will be educated and experienced. 12. Clients can stay indefinitely under the terms of the contract. 13. Entertainment similarities available are television, movies, magazines, books and newspapers. Also transportation to community activities. 14. Finally, this and other care homes are a much-needed service to people in our community. The purpose off this letter is to obtain your approval to continue the use of this building/care home. Please send me notification of your decision as soon as possible. Thank you for your time and consideration with this matter. Respectfully, Margaret Porter Director Family Living Care Home Enclosures (3) mp L-IS055 LI-CENSIN&.INFORM.ATION SYSTEM - FACILITY PROFILE DATE: 09/07/01 EVALUATOR: 0207 DO: 25 FAC NBR: 04 1374777 STATUS: CLOSED, AGY INIT.'. FAC .NAME: COMFORT & CHEER REST HOME CAPACITY: 0018 FAC ADDR: 1882 TE,HAMA AVE., OROVILLE, CA 95965 FRC MAIL: 1882 TEHAMA AVE., OROVILLE, CA. 95965 FAC TYPE: RESIDENTIAL -ELDERLY CLIENT SERVED: ELDERLY FIRST LICENSED -__04/25/9_4__ - APP. RECD: 11/17/93 COUNTY: BUT DIRECTOR' GENEZA, BENJAMIN PHONE: (530).533-5469 DATE CRP INC: DATE CRP RPPR: ANNUAL FEES CURRENT: N/A LICENSEE NAME GENEZA, BENJAMIN LIC MAIL: 1216 FULTON AVE., VALLEJO, CA 94591 LIC EFF DATE: 04/25/94 TYPE: INDIVIDUAL' FAC'DURL.IDENTIFIER: N DUAL LICENSE NBR: FCRB: COMMENTS AMBULATORY, 6 NONRMBULATORY,' AGES 60 YEARS AND OVER FAC CLOSED DATE: 05/19/98 E-MAIL: LAST VISIT DATE: 04/09/98 TYPE: COMPLAINT LAST DEFERRED VISIT DATE: TYPE: SUPPLEMENTARY PERSONAL HISTORY: 000 LAST REPORTED FIRE CLEARANCE: 02/09/94 R = MENU, Y = DATES, F, SUMMARY, H = PAYMENT HISTORY, ENTER = PROFILE D �cEOd� SEP 20 2001 U TE PLANNING DIVISION • i ` Y� i=r.` � i L nit: � � ,... � r; � :.. � �-; �� : , -- S: L-:, j ..._ 4 � 4 y �... � I ��,�,.:::�...j,,3 t LIS055 LICENSING"INFORMATION SYSTEM - FACILITY PROFILE DATE: 09/07/01 EVALUATOR: 0207 DO: 25 FRC NBR: 04 1371384 STATUS: CLOSED -LIC INIT. FAC NAME: COMFORT & CHEER REST HOME CAPACITY: 0018 FAC ADDR: 1882 TEHAMA AVE., OROVILLE, CA 95965 FRC MAIL: 1882 TEHAMA AVE., OROVILLE, CA 95965 FAC E L-LDERLY CLIENT SERVED: ADULT/ELDERLY C FIRST LICENSED: 01/14/8 RPP REC'D: 10/22/87 COUNTY: BUTTE DIRECTOR: FERRER, MARINA PHONE: (530)533-5469 DATE CAP INC: DATE CAP APPR: ANNUAL FEES CURRENT: N/A LICENSEE NAME: FERRER, .MARINA AND JAIME LIC MAIL: 150 ORO VIEW DRIVE, OROVILLE, CA 95965 LIC EFF DATE: 01/14/94 TYPE: INDIVIDUAL • FAC DUAL IDENTIFIER: N DUAL LICENSE NBR: FCRB: COMMENTS 12 AMBULATORY/6 NON-AMBULATORY, AGES 60 AND OVER FAC CLOSED DATE: 04/25/94 E-MAIL: LAST VISIT DATE: 01/14/94 TYPE: ANNUAL LAST DEFERRED VISIT DATE: TYPE: SUPPLEMENTARY PERSONAL HISTORY: 000 LAST REPORTED FIRE CLEARANCE: 10/02/91 R = MENU', Y = DATES,`F =°SUMMARY, H = PAYMENT HISTORY,- ENTER = PROFILE • SEP 202001" BUTTE COUNTY PLANNING DIVISION i - -' Plume Count, Margaret Porter Director, Family Living Care Home 1882 Tehama Avenue Oroville, CA 95965 Re: Request for Director Determination Dear NIs. Porter: LAND OF NATURAL WEALTH AND BEAU T'! DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.buttecounty.net You have requested a determination by the Director of the Department of Development Services pursuant to Section 24-35.45(b) of the Butte County Zoning Ordinance regarding the following issue: Was the nonconforming use by the Comfort & Cheer Rest Home on Assessor Parcel Number 030-462-021 abandoned? The purpose of your inquiry is to determine whether you may apply for a use permit in connection with the proposed establishment of Family Living Care Home. If the prior use was abandoned, the operation of the Family Living Care Home, a group home facility, would not be permitted, as explained below. The parcel in question is zoned AR (Agricultural Residential). Operation of the Comfort & Cheer Rest Home was not. a use permitted in. the AR zone district, but was apparently pre- existing. The initial building permit application for the structure was dated September 1, 1966. The permit was issued by the County, and was finalized through inspection on December- 6, 1966. The use was, therefore, entered into with the benefit of permits and was lawful. The Zoning Ordinance provisions regulating lawful nonconforming uses therefore apply. Section 24-35.20 'provides that any nonconforming use may be changed to another nonconforming use, and enlarged or extended, upon obtaining a use permit from the Planning Commission, with the findings required by that section. This would not be available if the use had been abandoned as provided for in Section 24-35.45(a). That section provides: A nonconforming use shall be abandoned when it is voluntarily discontinued with the intent not to resume it. There shall be a presumption that a nonconforming use which has been discontinued for a period of twelve (12) consecutive months has been abandoned; however, the property owner, occupant or other party asserting the right to said use may submit evidence to rebut the presumption including evidence that the discontinuance was not voluntary. The property owner, occupant or other party asserting the right to a legal nonconforming. use has the burden of proving the legal and continuing existence of the use. Once abandoned, a nonconforming use shall no longer be a legal nonconforming use entitled to the rights and privileges described in this Chapter and thereafter shall be made to conform to the uses, standards and requirements of the zone in which it is located. You have provided a copy of letter dated April 8, 1998 to Benjamin Geneza regarding the Comfort & Cheer Rest Home, withdrawing the Fire Clearance for the facility. (Please see Attachment.) The facility was closed on May 19, 1998 according to the Facility Profile from the State Department, of Social Services, Community Care Licensing, which also indicates the license to operate issued by that department was revoked. (Please see Attachment.) Cessation of business due to the action of the State Department of Social Services and California Department of Forestry and Fire Protection was not a voluntary action on the part of the operators of the facility. The closure was involuntary. It is, therefore, my determination that the legal nonconforming use on Assessors Parcel Number 030-462-021 was not voluntarily abandoned, and the Department will accept and process an application for a use permit in connection with the proposed establishment and operation of the Family Living Care Home or similar facility. If you have any questions regarding the above, please contact me at (530) 538-6821. C Very truly y i Tom uford Interim Director -Development Services TB Jb Attachments: . 1. Letter, April 8, 1998 from California Department of Forestry and Fire Protection cc: County Counsel, w/Attachment Planning File, w/Attachments Building File, APN 030-462-021, w/Attachment :.uro.•y CALI NIA DEPARTMEN i , •M �'..'� 530) 395.1312 oa�a - rGREE,TRY AND FIRE PROTION CARNET -59-43 i z A OFFICE OF THE STATE FIRE MARSHAL , T 0 CHICO BRANCH OFFICE 0\ 4 WILLIAMSBURG LANE, SUITE A CHICO, CALIFORNIA 95925 April 8, 1998 Benjamin Geneza 121.6 Fulton Avenue '.Vallejo, California 94591 Dear Mr. Geneza, Comfort & Cheer Rest Home CSFM #00-04-42-0001-000-555-9 An inspection of the referenced facility was recently conducted in accordance with Section U 108(c) of the California Health and Safety Code. The purpose was to determine compliance with the minimum fire and life safety standards required by Titles 19 and 24 of the California Code of Regulations. The attached report is to advise- you of the actions that are required to correct the noted deficiencies. To insure this facility, is brought into compliance within a reasonable time, please submit your plan for accomplishing these corrections, to this office, within 30 days from receipt of this notice. x Your current Fire Clearance is withdrawn and will be withheld until these hazards are abated. If we can be of further assistance, or you desire additional information or clarification, please contact me at the Chico Branch office, (916) 895-4312. Sincerely, Jack Pirisky 1 Deputy State Fire Marshal CE E2022 IV , VE_ . D cc: Marie Smith, Supervisor, CC Licensing SEP' 2'0 2001 Robert Caldwell. Acting Supervisor, CC Licensing Donna Gurriere, Evaluator, CC Licensing BUTTE COUNT PLANNING DIVISION 1882 Tehama Ave. Oroville, Ca. 95965 October 18, 2001 In reply to: Phone conversation on Oct 18, 2001 and letter of response dated Oct. 17, 2001. Mr. Tom Buford 7 County Center Drive. Oroville, Ca. 95965 Dear Mr. Buford: After careful consideration of your opinion of it being unnecessary for me to write another letter concerning my request, I have decided it would be in my best interest to respond to your reply in writing (considering the time limit for appeal). My reply is as follows: Thank you for your response to my request for you to grant me permission to re -open this care home without a use permit. I read your letter thoroughly and did not find an answer to that request. I have decided to restate this so as to make sure of your understanding of my request. Considering your decision of the involuntary closure of Comfort and Cheer Care Home, please send in writing permission, granted in section 24-35.15 of the Butte County Code for me to continue the use of this legal non -conforming building/care home. Thank you for your time and prompt written response. Respectfully, Margaret F, Porter. Director Family Living Care Home Enc. 3 MP p E��odt OCT 1 8 2001 BUTTE COUNTY PLANNING DIVISION October 26, 2001 Margaret Porter, Director Family Living Care Home 1882 Tehama Avenue Oroville, CA 95965 I L A N D O F N A T U R A L W E A L T H A N D B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.buttecounty.net Re: Request for Director Determination; APN 030-462-021 Dear Ms. Porter: In my letter dated October 17, 2001, I provided my determination that the nonconforming use by the Comfort & Cheer Rest Home on Assessor Parcel Number 030-462-021 had not been voluntarily abandoned, and, therefore, had not been abandoned within the meaning of Zoning Ordinance Section 24-35.45(a). You have requested an additional Director Determination with regard to whether a use permit is required in connection with your proposed operation. The Zoning Ordinance provides, in Section 24-35.20, in part: "...[N]o nonconforming use shall be expanded, enlarged, extended, reconstructed, substituted, or structurally altered unless made to conform. to the use standards andregulations for the zone in which it is located. Provided, however, that any nonconforming use may be changed to another nonconforming use, expanded, enlarged, extended, reconstructed, or structurally altered upon obtaining a use permit from the Planning Commission." Your letter dated September 20, 2001 indicated that the previous facility had been in operation since the 1960's. Information you provided indicates that the facility served elderly clients, some of who were ambulatory, and some that were not. It is my understanding that, while your proposed operation has some features in common with the previous operation, your clients will not be restricted to the elderly, and you do not intend to identify clients as ambulatory or non-ambulatory. Your operation is not identical to the previous operation. The operation you propose,.as it would serve the non - elderly, cannot be characterized as a rest or nursing home, and could have significantly different impacts on the surrounding properties than the previous operation. Margaret Porter, Director Family Living Care Home October 26, 2001 Page 2 Use permits are designed to consider specific aspects of a proposed. activity, and identify conditions of approval that would minimize conflicts with surrounding residents. The zone district in which the facility is located is Agricultural Residential, and various concerns, including noise, lighting, and traffic, should be considered in this regard. It is, therefore, my determination that a use permit is required in connection with the operation of your proposed facility, pursuant to Section 24-35.20 of the Zoning Ordinance. While there is no specific provision in the Zoning Ordinance for an appeal in this case, you may appeal this determination to the Board of Supervisors either pursuant to Section 24-35.45(b) of the Zoning Ordinance, or Section 2-19.1 of the County's Code. The appeal should be filed within fifteen days of the mailing of this determination. There is no fee required for the filing of such an appeal. Please let me know if you have any questions concerning the above determination. Very truly urs, TomiBuford In dm Director -Development Services TB:jb cc: County Counsel Planning File Building File, APN 030-462-021. E. Chapter 24 of the Butte County #ode ■ NONCONFORMING USES SECTION 24-35 NONCONFORMING USES .Existing uses; structures and buildings, and lots or parcels which do not conform to the regulations of the zone in which they are located shall be subject to these specific regulations. It is the purpose of this Article to establish procedures to permit the continued operation of such uses where such uses are appropriate while eliminating nonconforming uses through abandonment, obsolescence or destruction. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.10 TYPES OF NONCONFORMING USES DEFINED As used in this chapter, the term nonconforming uses includes several types of nonconformities. Several distinct types of nonconforInities can be distinguished from one another. These include: (a) Nonconforming building. That situation which occurs when a building or structure does not conform to the zone regulations because of size, height, location, materials or proximity to other buildings; and (b) Nonconforming use of a building. That situation which occurs when the use of a building or structure does not conform although the building or structure does; and (c) Nonconforming uses of land. That situation where the use of the land regardless of any buildings of structures does not conform; and (d) Conditional use without use permit. That situation where a use which is listed as a conditional use of the zone in which it is located does not have a use permit. For the purposes of this chapter these various nonconformities shall be known as nonconforming uses. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.15 CONTINUED USE OF A LEGAL NONCONFORMING'USE Except. as hereinafter otherwise provided, any use, building or structure, existing on the effective.date of this chapter may be continued even though such use, building or structure may not conform with the regulations of the zone in which it is located. Provided, however, that such use must have been lawfully established and not in violation of any ordinance, statute or regulation in effect at the time. Furthermore, such use, structure or building must have been in existence at the time, not merely contemplated. Use permits, variances, building permits or other permits not exercised within the required time do not establish the right to a legal nonconforming use. Pursuant to law, the party asserting a right to a nonconforming use has the burden of proof to establish the lawful and continuing existence of the use at the time of the enactment of the ordinance, statute or regulation. (Ord. No. 3176, § 1 (Exh. A); 1-24-95) ■ Comprehensive Zoning Ordinance ■ 11 -9 fj R ■ Chapter 24 of the Butte County Ode ■ SECTION 24-35.20 CHANGE OR EXPANSION OF NONCONFORMING USE ' Except as hereinafter otherwise provided, no nonconforming use shall be expanded, enlarged, extended, reconstructed, substituted, or structurally altered unless made to conform to the use standards and regulations for the zone within which it is located. Provided, however, that any nonconforming use may be changed to another nonconforming use, expanded, enlarged, extended, reconstructed, or structurally altered upon obtaining a use permit from the Planning Commission. When considering a use permit for a nonconforming use, the Planning Commission shall grant the use permit when it finds that the change, expansion, enlargement, extension, reconstruction, or structural alteration of such use will not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins. This finding shall be in addition to the findings required by Section 24-45.10 of the Butte County Zoning Ordinance. Pursuant to Section 24-45.15 the Planning Commission may impose conditions upon the issuance of the use permit which are reasonably related to the use of the property for which the use permit is requested. In addition the Planning Commission may at its own discretion establish a date for either the termination of the use or review of the use permit. Whenever a nonconforming use has been changed to conform to the uses, standards and regulations of the zone in which it is located such nonconforming use shall not thereafter be changed to a nonconforming use. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.25 RESIDENTIAL SUBSTITUTION PERMITTED The substitution of a single nonconforming residential building or structure is permitted subject to a review and conditions imposed by the Director of Development Services. Such conditions shall be limited to setbacks, yards, locations, height, and or of the building or structure on the property. Substitution of a nonconforming mobile home shall be considered a permitted residential substitution under the terms of this chapter. . (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.30 MAINTENANCE AND REPAIRS FOR SAFETY Nothing in this chapter shall prevent the normal, ordinary, customary maintenance of a nonconforming use provided that such maintenance does not include major structural alterations which have the effect of expanding, enlarging or extending the nonconforming use. Nothing in this chapter shall prevent any such repair, alteration or restoration to a safe condition of any portion of a nonconforming use when so directed by the Butte County Public Works Director upon a finding that such is necessary for the protection of the public health and safety. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.35 CONSTRUCTION -- USE PERMITS -- AMENDMENTS (a) Nothing in this chapter shall require any change in the plans, construction size or designated use of any land, building or structure for which building permits have been issued, in accordance with the provisions of this chapter or ordinances then in effect. Provided, however, that the actual use or construction under such permit has started prior to the effective date of this chapter and in all such cases be carried out in a normal manner until completion. ■ Comprehensive Zoning Ordinance ■ 11 -10 • ■ Chapter 24 of the Butte County Coe ■ (b) Except as provided in subsection (a) of this Section and Section 24-45 et seq.; any rezoning or subsequent amendment of this chapter which has the effect of eliminating a particular conditional, use or changing the conditions. under which a particular conditional use may be allowed shall remain valid, unless specifically stated to the contrary in the amending ordinance. Subject to the limitations of Section 24-45 et seq. any such Use Permits shall remain valid and may be used, extended, transferred or modified through amendment to the same extent that the rezoning or amendment was not adopted. No extension of a Use Permit shall be granted following such rezoning or amendment unless the applicant makes a satisfactory showing to the Planning Commission that there have been.substantial expenditures made in reliance upon the continued effectiveness of the use permit within the prescribed time period and/or the inability to complete the project authorized by the Use Permit is due to reasons beyond the applicant's control. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.40 NONCONFORMING PARCELS OF RECORD Except as otherwise provided in this chapter or where specifically merged under the provisions of Section 66499.11 et seq. of the Government Code, any legally established parcel of land of record having less than the minimum width or frontage required for the zone in which it is located, may be used for a permitted use provided that the parcel:. (a) Meet[s] the other area or dimensional standards and requirements for the proposed use unless changed by the Planning Commission with a variance; and (b) Meet[s] the requirements of the Butte County Health Division for the provisions of water and sewage disposal. Side yard setbacks on nonconforming lots may be reduced by five (5) foot increments until at least a seventy-five (75) foot wide building envelope is achieved. No side yard setback requirement is to be reduced below ten (10) feet. Such modification of side yard setbacks is to be approved in each and every case by the Director of Development Services or deputy after finding that the subject property is a legally created nonconforming lot. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.45 ABANDONMENT OF NONCONFORMING USE (a) Abandonment; Consequences. A nonconforming use shall be abandoned when it is voluntarily discontinued with the intent not to resume it. There shall be a presumption that a noncon- forming use which has been discontinued for a period of twelve (12) consecutive months has been abandoned; however, the property owner, occupant or other party asserting the right to said use may submit evidence to rebut the presumption including, evidence that the discontinuance was not voluntary. The property owner, occupant or other party asserting the right to a legal nonconforming use has the burden of proving the legal and continuing existence of the use. Once abandoned, a nonconforming use shall no longer be a legal nonconforming use entitled to the rights and privileges described in this Chapter and thereafter shall be made to conform to the uses, standards and requirements of the zone in which it is located. ■ Comprehensive Zoning Ordinance ■ 11 -11 ■ Chapter 24 of the Butte County Code ■ (b) Determination of Abandonment, Appeal The Director of Development Services may determine whether or not a nonconforming use has been abandoned and may mail notice of such determination to the property owner using the address from the latest equalized assessment roll of the County of Butte and to the occupant at the street address of the property. The property owner or occupant may, within fifteen (15) days of the mailing.of said determination, appeal the determination to the Board of Supervisors. If no such appeal is filed, the determination of the Director of Development Services shall be ficial. If such appeal is filed, it shall be filed and heard in the same manner as appeals pursuant to Section 24-45.30. There shall be no fee required for the filing of such an appeal. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.50 RESTORATION OF NONCONFORMING BUILDINGS OR STRUCTURES A nonconforming building or structure which does not conform to the required side yard, rear yard, or street setback areas, which is demolished; damaged or destroyed totally or in part, may be restored to a total floonarea or to the same extent as the original only upon securing a use permit pursuant to Section 24-45 et seq. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) SECTION 24-35.55 RESTORATION OF NONCONFORMING USES A nonconforming use, building or structure catastrophically damaged or destroyed totally or in part, may be restored to a total floor area or to the same extent as the original without a use permit. Provided, however, that any expansion, enlargement or extension of the nonconforming use be allowed only upon securing a use permit pursuant to Section 24-45 et seq. Any such restoration or reconstruction of a nonconforming use not requiring a use permit shall commence within twelve (12) months and be completed within twenty-four (24) months of the time of damage or it shall be deemed abandoned. Upon application to the Planning Commission an extension of time for the restoration of a nonconforming use may be granted not to exceed five (5) years in total. (Ord. No. 3176, § 1 (Exh. A), 1-24-95) ■ Comprehensive Zoning Ordinance ■ 11 -12 3°i 533- 62C2, 1882 Tehama Avenue Oroville, Ca. 95965 November 6, 2001 RE: Determination to continue non -conforming use. Tom Burord Seven County Center Drive, Oroville, Ca. 95965 Dear Tom Buford: BOARD OF SUPERVISORS NOV-0 7 2001 OROVILLE, CALIFORNIA I am writing to appeal your decision to deny the re -opening of Family Living Care Home. Please forward this letter on to the Board of Supervisors. In addition, please send me a copy of your report to the board and a copy of your final determination letter. In respect for your position, I thank you for your quick response to my initial request. Respectfully, Margaret F. Porter Director Family Living Care Home I►T }5^x¢siwK b Y '.. r "7ti••'t wr i Yt: ^Y - i M`^'!j, K�M" . ax.+.: -t - j'f 1 I..amsigning.:thi's petition in support"of the opening.of 'Family Living Care Ffr Home elocated at; 1882 Tehama, Ave -,directed. by., Margaret:. Porter I realize this 4provides,. a, s ecificall"• structured; environment`'for, thoset, who:V desire; a-:-. ; , P P y -. �, clean and: sober dwelling. I also support the possibility of a slight increase in traffic. Printed Name Signature Address Phone # Rent/Own A Y n• r /�'� Oeo 6/2,#,&/C4 9SPzs I am signing this petition in support of the opening of Family Living Care Home located at 1882 Tehama Ave,. directed by Margaret Porter. I realize. this provides a specifically structured environment for thoe who desire a clean and sober dwelling. I also support the possibility of a slight increase in traffic. Printed Name Signature /� dress Phone # Ren a6, -O, /Own I am signing this petition in support of the opening of Family Living Care Home located at 1882 Tehama Ave, directed by Margaret Porter. I realize this.provides a specifically structured environment for those who desire a clean and sober dwelling. increase I also support the possibility of a slight _. in traffic. l • .tt' l,� s _-..,Yr;...#'A'TT,yarr� ,�� ..h-•-.,lt;:?P." �.�..1=�i•� Printed -Name Signature Address Phone # - -Rent, wn� y s ..r 4 r' l- Z)W r) eq- S ab, -"OLMq �.,t .YaS' e7 , 95465' . - . • - . w we 530 - . QU/a A ow F-OZ7 �J .3-?OYY LOG VI- =- 14= ��- j -Z zz 4Q4 'A'!r�' r. ir .Y Y. Q Qom- sash t ! a..u,'c. .0 .,,. ... `w. .-.f+.:.,�.ac.c�_ ,.-"-r•cu-� -,. 5.,d : � cV `� � rS; .,-_.. 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'A'!r�' r. .Y 7 ORDINANCE Dones. abattoirs, auction yards, . . .: - , commercial livestock feed yards, AMENDING ORDINANCE NO• commercial millings, canneries and food and agriculture -_-475, TT KNOWN AS THE BUTTE COUNTY ZONING ENABLING p duct processing plants. /* ORDINANCE (c) Country clubs, golf courses, face tracks, and drive-in thea- ters. The Board of Supervisors of (d) Commercial kenneis and the County of Butte, State of small animal hospitals. California, do ordain as follows: (e) Trailer Courts. The Butte County Zoning En- (f)Commercial airports (ex. abling Ordinance No. 475 of said cepting individual or private County, is hereby amended in airports and those operated* ex. the following respects an d par- elusively for agricultural Pur titulars: poses). Section 3 of said Ordinance is (g) Cemetery, c r e m. a t o r amenF to read: mausoleum, or other places for SECTION .3. INCLUSION OF the burial or other disposal of THE UNINCORPORATED the human dead. AREA.OF THE COUNTY IN A-2 "FOR (h) Taverns, dance halls, -and DISTRICT. PROVISION other places of recreation of a 0 DETAIL ZONING. EFFECT similar character. AND NATURE OF. - ZONING (i) Commercial storage of in - PLAN. flammables excepting for agri- 3.1 All the unincorporated - cultural purposes. area of the County of Butte is 0) Commercial or hereby zoned as an A-2. District, dumping and disposal.areas. as such district is defined in (k) Manufacturing of acid this Ordinance. cement, explosive, f e r t i 1.i z e r, 32 Any area within e un- incorporated areas of the .-.glue, gypsum, -lime, plaster of and beet .County of Butte which has heretofore Paris, pulp Paper_ sugar.- -and crushed rocks.. been zoned in detail shall con time be zonedin -accordance to Section - of said -Ordinance' ue .in its amended to read as follows:. with such detail zoning, but up "C-1" District' — This district on the termination of such zon- is for retail. stores and shops of. ing for any cause, then the area affected shall come within the a light commercial character provisions of Section 3.1. and conducted within a. build., Ang including appliance store3. 3.3 Any area with hi.the un - banks, barbershops, beauty Par. incorporated area- of the County lors, book stores, -food stores. of Butte .may be further zoned furniture stores, millinery shops, by district as in this Ordinance by professional offices, restaurantR provided, supplemental or - refreshment stands. service sta. dinance, and such supplemental tions• shoe shops,- storage gar ordinance, when adopted shall ages, studioand tailor. shopq become a part of this ordinance, and public utility commercial and shall be added to Section 4. offices. Sec kon 5 of said Ordinance IsThe ansaid Ordinance is amend - hereby repealed; provided, how- ever, that detail district zoning ed by adding thereto a new ser. tion, to be numbered and desig ordinances which have hereto- atedSection 10-A. fore been adopted pursuant to said Ordinance and added to = Section �10-A. ."C-2" District. Section 5, shall continue in full. This is a general commercial force and effect. 'district. All uses Permitted in Section 6 of said ordinance is ,C.,,, District and the following aniend6� to read as follows: "A uses -subject to securing a *use' 2" District ;-- This district Is permit in each case: for all uses except the follow - for (a) Bottling Works, ing which a use permit is required. shops, builder and contractor -n er lumber 'plu2b (a) Junk yards, second hand Fards, yards, shops, - welding shops, -sheet stores, and auto wrecking yards. metal shops. 1,:: (b) Commercial distillation of N J ORDWANCE NO. 1071 - AN ORDINANCE REPEALING fine to gaar:rr ,�:r:- �,:-;•,,�n to Sections :F and ther.;e AND CONSOLIDATING "A-3- (AGRICULTURAL.) DISTRICTS Easterly a;ong the hall 6e;;ion ORDINANCE NOS. 595, 6". Une to quarter corner common to Semon 25 of said township id 711, 778. 780, 791, 797, 8%. 817, &X 939.�• $95.thence and Section Zp of tRIE: Southerly along range 467. AND ESTABLISHING REGULATIONS FOR THE line to the point of beginning. USE OF TAND THE CONSTRUCTIONION AND USES Excepting therefrom all tint Part of the Northeast quarter IN "ACT of the Southwest quarter. the SOjLhwm (A ILICULBUILDINGS (AGRICULTURAL) DISTRICT IS quLner of the North— quarter and the Th BUTTE COUNTY. The Board of Supervisors of the Northwest quarter of the Southeast quarter lying West County of Butte, State of CaUtor• of -Foothill Blvd." da, under and pursuant to Or. Also excepting therefrom so dinance No. 476 of said County, being cite toning Enabling Odin that property hating tmntage "Lower ante, as amended, DOES OR. on Wyandotte Road- —' at the Intersection of "Dis DAIN as follows: SECTION 1. The hereinbelow trice Center Drive" and with. in a radius- of five hundred described area situate In the County of Butte, State of Cantor• (500) feet from said inter. ' da• shall be and is hereby toned "A3" section PARCEL 3. Being located U : an (Agricultural) Dis Southeast of Orovilk and be trict and such area silo be sub Jrt to the restrictions and re- Ing aU of Sections 29. 30. 31 and nutted uses and regulations 32 In T19N RSE, MDBSM. Excepting therefromall that hereinafter specified and provid• e4 said areas so zoned being to portlpt of Wyandtx. Aeras ated In the unincorporated arta Unit rat" per map recorded of Butte County. State of Callfor• In !Nap Book 16 on page Is. PARCEL /. Beira locate nia, and particularly described as follows: pear Chico. California, begin. PARCEL 1. Bring locate ping at the intersection of the centerline of West Sacramento Southeast of Orovllle, and East "Palermo Avenue and the centerline of of Hon-vt Highway"; all of Sections 1, 2. 2, 10, 11, Grape Way; thence South along Grape Way led Its extension U. 12, 14, Is, 21. 22, b, 24. 35. 26. 27, M. 33. 36 and that ;anion t) Big.Chlco Creek: thence Southwesterly along Big Chico of Sections /, 9, and 18 lying East of "Palermo Honcut High Creek to Its Intersection with way" and ."Up er Palermo the Sacramento River and the "oundary line common to Butte itoad' ; all in TIM RIE; and an of Sections d• 7, 18, 19. 30 County and G.eno County; thence Northerly along Butte . and Sl, all in TISN ME. MDB County lifts to its Intersection d'M Atso Lot 1. 2. 3, 6 and the West with the Westerly projected eentertine of West Sacramento 32s feet and the North 300 feet "Palermo Avnue: thence Eauft along of Lot 7 of Citrus Tract Addition to Sub No. 1". centerline of West Sacramento ppeer map recorded as Wall Min No. 1. Avenue to the point of begin• rain RCEL PARCEL 2. Being located P. S. Being locate South of Chico and West of of Southeast of Oroville: beginning Durham: at the In. the Southeastcorner of Seo- tersection of the centerline of tion 36 T19N9N RIE, h1DBddN; "Dayton Road" and the cso. thence Westerly along Town.. terline of "Hegan Lace"; ship line to Its Intersection with the East-West half section Une thence Northeasterly .on the of Section 35: thence Northerly centerline of "Regan Lara" to the Southern Pacific tight of Along said halt section line to way; thence Northwesterly an Its Intersection with the quer• the centerline of the southern ter comer common to Sections pacific right of way to "Edgar M and 23; thence Westerly along Section line to the South. Slough"; thence Southwesterly along "Edgar Slough" to Its west corner of Section 24; Intersection with the centerllne thence Northerly along section Of "Dayton Road"; thence J October 26, 2001 Margaret Porter, Director Family Living Care ---Home 1882 Tehama Avenue Oroville, CA 95965 L A N D O F N A T U R A L W E A L T H A N D B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.buttecounty.net Re: Request for Director Determination; APN 030-462-021 Dear Ms. Porter: In my letter dated October 17, 2001, I provided my determination that the nonconforming use by the Comfort & Cheer Rest Home on Assessor Parcel Number 030-462-021 had not been voluntarily abandoned, and, therefore, had not been abandoned within the meaning of Zoning Ordinance Section 24-35.45(a). You have requested an additional Director Determination with regard to whether a use permit is required in connection with your proposed operation. The Zoning Ordinance provides, in Section 24-35.20, in part: "...[N]o nonconforming use shall be expanded, enlarged, extended, reconstructed, substituted, or structurally altered unless made to conform to the use standards and regulations for the zone in which it is located. Provided, however, that any nonconforming use may be changed to another nonconforming use, expanded, enlarged, extended, reconstructed, or structurally altered upon obtaining a use permit from the Planning Commission." Your letter dated September 20, 2001 indicated that the previous facility had been in operation since the 1960's. Information you provided indicates that the facility served elderly clients, some of who were ambulatory, and some that were not. It is my understanding that, while your proposed operation has some features in common with the previous operation, your clients will not be restricted to the elderly, and you do not intend to identify clients as ambulatory or non=ambulatory. Your operation is not identical to the previous operation. The operation you propose, as it would serve the non - elderly, cannot be characterized as a rest or nursing home, and could have significantly different impacts on the surrounding properties than the previous operation. Margaret Porter, Director Family Living Care Home October 26, 2001 Page 2 Use permits are designed to consider specific aspects of a proposed activity, and identify conditions of approval that would minimize conflicts with surrounding residents. The zone district in which the facility is located is Agricultural Residential, and various concerns, including noise, lighting, and traffic, should be considered in this regard. It is, therefore, my determination that a use permit is required in connection with the operation of your proposed facility, pursuant to Section 24-35.20 of the Zoning Ordinance. While there is no specific provision in the Zoning Ordinance for an appeal in this case, you may appeal this determination to the Board of Supervisors either pursuant to Section 24-35.45(b) of the Zoning Ordinance, or Section 2-19.1 of the County's Code. The appeal should be filed within fifteen days of the mailing of this determination. There is no fee required for the filing of such an appeal. Please let me know if you have any questions concerning the above determination. Very truly urs, Tompuford Intr'm Director -Development Services TB:jb cc: County Counsel Planning File Building File, APN 030-462-021 1882 Tehama Ave. Oroville, CA 95965 � � � � �❑ 2 AP# 30-462-021 D iYJ l5 OCT 1 8 2001 Tom Buford 7 County Center Dr. Oroville, CA 95965 BUTTE COUNTY PLANNING DIVISION Dear Tom Buford: I am currently in the process of re-opening.a care home. I am writing to you to inform youof the involuntary closure of the last care home that was in this facility. The previous facility, most recently named Comfort and Cheer Rest Home, has been in operation since the 1960's and was so until 1998. 1 have included, with this letter, as much proof of this statement as I could find. In 1998, Comfort and Cheer -was not in compliance with regulations mandated by Butte County Fire Department and was involuntarily closed. I have enclosed proof of this action with a letter from the fire department. I. am currently working -with the Building Department to be in. compliance with county codes and ordinances. By definition, in section 24-35.10 of Butte County Code, this is a nonconforming use. According to section 24-35.15 the use of a legal nonconforming building may continued even though such use or building may not conform to regulations of zones of which it is located. Also, .in section 24-35.45, the Director of Development Services may determine that this nonconforming use/building was not abandoned but rather involuntarily closed (by the fire department) and through this information may continue such use. My facility will care for persons who do not require assistance with personal care (e.g. showering, laundry, and medications)... Comfort and Cheer Rest Home and my current facility, Family Living Care Home, are nearly identical. I have listed many of these similarities below: 1. The amount of rent per client is equal and the disbursement of these funds goes toward the same needs: food, electricity, gas, water, garbage, lease payment, home maintenance, basic cable, local phone service, and employee salaries. 2. There will be two clients per bedroom with similar furnishings, and a total maximum occupancy of eighteen. 3. Personal care similarities provided are three meals a day with snacks, personal hygiene products, laundry facilities with cleaning supplies and first aid products. 4. Fire prevention measures are similar. We have a centrally located fire extinguisher, smoke detectors in all rooms and halls, a pull alarm, emergency exit plans posted in all bedrooms and exit signs over all doorways with outside access. 5. There is handicap access including outside ramps with guardrails and large doorways for wheelchair access. 6. Sanitation standards are similar. a. Double -bagged personal trash b. Food storage in airtight containers c. Dishwasher for dishes, cups, glasses and utensils d. Equal standards of aseptic cleanliness for bathroom, kitchen and laundry facilities • Page 2 September 12, 2001 7. This facility will have an attractive appearance inside and out. 8. Clients will be encouraged and assisted to become involved with appropriate community services. 9. There is a structured living environment, which provides for clients to become involved with household concerns and decisions. It also includes house rules and policies. 10. Assistance with transportation will be available. 11. Staff will be educated and experienced. 12. Clients can stay indefinitely under the terms of the contract. 13. Entertainment similarities available are television, movies, magazines, books and newspapers. Also transportation to community activities. 14. Finally, this and other care homes are a much-needed service to people in our community. The purpose of this letter is to obtain your approval to continue the use•of this building/care home. Please send me notification of your decision as.soon as possible. Thank you for your time and consideration with this matter. . Respectfully, Margaret Porter Director Family Living Care Home Enclosures (3) mp 3 i..: C OF CA'UFID.RNIA - RE-30URCES A^ 'C'( ---- C \ Crllf°NY� CALVIA DEPART9ilEN'l /� / (530) 895.4312 ot� etnt r"arq.,o�:; . F RESTRY AND FIRE PROTECTION CALNeT 8-4594312 A� OFFICE OF THE STATE FIRE MARSHAL , p CHICO BRANCH OFFICE Q i 4 WILLIAMSBURG LANE, SUITE A CHICO, CALIFORNIA 95926 April 8; 1998 Benjamin Geneza 1216 Fulton Avenue Vallejo, California 94591 Dear Mr. Geneza, Comfort & Cheer Rest Home CSFM #00-04-42-0001-000-555-9 An inspection of the referenced facility was recently conducted in accordance with Section 13108(c) of the California Health and Safety Code. The purpose was to determine compliance with the minimum fire and life safety standards required by Titles 19 and 24 of the California Code of Regulations. The attached report is to advise you of the actions that are required to correct the noted deficiencies. To insure this facility is brought into compliance within a reasonable time, please submit your plan for accomplishing these corrections, to this office-. within 30 days from receipt of this notice. Your current Fire Clearance is withdrawn and will be withheld until these hazards are abated. If we can be of further assistance, or you desire additional information or clarification, please contact me at the Chico Branch office, (916) 895-4312. Sincerely,, Jack Pirisky 1 Deputy State Fire Marshal cc: Marie Smith, Supervisor, CC Licensing Robert Caldwell, Acting Supervisor, CC Licensing Donna Gurriere, Evaluator, CC Licensing p ECEudED� .gip 2 6 2001 PLANNING