HomeMy WebLinkAboutRFI17-0164 M. Anderson Response Letter Final Department of Development Services Tim Snellings, Director
Pete Calarco, Assistant Director
7 County Center Drive T: 530.538.7601
Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
March 27, 2017
Michael M. Anderson
Northern California Treatment Services
P.O. Box 2631
Oroville, CA 95965
Dear Mr. Anderson,
Staff has reviewed records pertaining to the property located at 1882 Tehama Avenue,
Oroville (APN: 030-462-021, zoned Rural Residential or RR-5), referenced in your letter
dated March 14, 2017, and has determined that a non-conforming use for a senior care
facility exists on this parcel. For the reasons discussed in this letter, the use of this property
for a large (more than 6 individuals) residential care facility for drug and alcohol treatment is
not a valid non-conforming use at this site and therefore is not permitted under the Butte
County Zoning Ordinance (Title 24 of Butte County Code).
The previous use as the Heritage House senior care facility (previously the Comfort & Cheer
Rest Home) ceased and was deemed vacant by the State of California Department of Social
Services on September 2, 2016. The Comfort & Cheer Rest Home was determined through
previous review by this Department on October 26, 2001 to be non-conforming because it
was established as an elderly care facility with a Building Permit in September 1966. Please
refer to the attached correspondence.
In the letter dated October 26, 2001 Interim Director – Development Services Tom Buford
also responded to a question whether the facility could be used for non-elderly clients. The
letter states 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…and could have significantly different impacts on the surrounding
properties than the previous operation.” At that time the Zoning Ordinance contained a
provision that a non-conforming use could be changes to another non-conforming use with
approval of a use permit. That provision is no longer part of the Ordinance.
Per Butte County Code Section 24-122 Nonconforming Uses and Section 24-124 Loss of
Legal Status, the non-conforming status of the facility as a 15 bed elderly residential care
home will continue through September 2, 2018. You have proposed a large residential care
home for drug and alcohol treatment. Per Table 24-19-1 of the Zoning Ordinance, large
residential care homes are prohibited in the RR-5 zone. In addition, your proposal differs
from the non-conforming use for a large residential care facility for seniors.
As you may be aware, State law requires that group homes of six or fewer residents be
regulated in the same manner as single-family residences for zoning purposes. The use of
the property for a small residential care home, including an alcoholism or drug abuse
recovery or treatment facility, for 6 or fewer persons is a permitted use on this property. You
may have to establish the proper occupancy for the structure through the Building Division.
Please contact the Building Inspector Supervisor, Curtis Johnson at 538-5367 to discuss
occupancy ratings.
Thank you and if you have any further questions please do not hesitate to contact me at
(530) 538-2953 or tweems@buttecounty.net.
Sincerely,
Tristan Weems
Assistant Planner
Encl.