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HomeMy WebLinkAboutUP 03-12FILE #: UP 03-12 f PROJECT TYPE: Use Permit APPLICANT: Bruce and Sue Miller ADDRESS: 9451 Jones Avenue, Durham, CA 95938 PHONE #: (.53D) 89 OWNER: Bruce and Sue Miller ADDRESS: REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin. PROPERTY ZONED: U (Unclassified) LOCATED: on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch AP#: 060-250-003 TOWN/AREA: Forest Ranch GENERAL PLAN DESIGNATION: TM (Timber Mountain) 1. Application accepted: March 6, 2003 Amount: $ 1114.00 Receipt #: 21018 2. Comments sent to: Environmental Health, LAFCo, California Department of Forestry, County Counsel, Development Services Director, Assessor, Public Works Director, P. G. & E. North - Chico 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Mark Michelena 7. Environmental Determination: 8. Staff Report: 9. 10 11 12 13 14 State Clearinghouse No: Subject to Fish & Game: Categorical Exemption-CEQA# ::Zegative Declaration mMitigation Negative De`laration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other Project Video: Clearinghouse circulation required: Yes No Date Sent to SCH: Publication Notice Written: 6�% 9I 2 Display Ad Prepared: Notices Mailed: sz 9�3 Number of Notices: Newspaper Publication Date: O rC) P G Planning Commission Hearing(s):_ Action taken: Special Conditions: Commission Resolution No. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: 15. Type Use Permit/Send for signature: 16. N.O.E. / N.O.D. / APPENDIX G: 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Pennit / Variance to Planning Technici & - 4 -03 Ordinance No: K Adopted: Fish & Game Fees Paid: Yes No Bruce and Sue Miller, proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit to allow for replacement and expansion of a legal nonconforming dwelling (cabin). The existing cabin will be demolished and replaced with a new, larger cabin. The parcel is zoned "U" (Unclassified) and currently has a General Plan designation of Timber Mountain and is zoned U (Unclassified). The property is located on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch. APN 060-250-003 (MM) (UP 03-12) Mr. Sanders gave a brief summary for the reason this hearing was continued. He submitted a letter from Stewart Humphreys Burchett and Molin, LLP. Commissioner Nelson said the letter states that the Miller's lease the cabin. Mr. Sanders explained the leases. He said he understands that there are leases on the property and there is a homeowners association, of which every cabin owner is a member and has an undivided interest in the 90 acres. He said he understood that the Millers went before the Cabin Owners Association for a project to increase the size of their cabin and the request was approved. He said there is another request with the Cabin Owners Assoc. for review of this project and that review is pending. Second -Vice Chairman Marin asked if the people with the cabin just having a leasehold estate have any problem with being petitioners for this permit if they do not have title to the property. Mr. Wannenmacher believed that the Department of Development Services assumes when someone comes in with an application that they have the authority to ask what they are asking for. He said he does need to look into this matter. The hearing was opened to the public. Ann Rutherford said she is on the Board of Cabin Owners Inc. She said the forty-seven cabin owners own their cabins as personal property as you would a car or boat, etc. She said the cabin owners do not own the land. She explained that according to the CC&Rs there is no new construction allowed without the approval of the Board of Cabin Owners. She said the cabin owners are issued year-to-year use permits. She informed the Commission that this is not a subdivision and that the Millers are not the property owners or agent of any real property. She said the corporation has not approved this project. She said there has been no approval for this size of a cabin. She said the Board would not approve this project without knowing where the well was going to be, where the septic was going to be, etc. She said the next meeting of the Corporation is in July. She asked if staff would like a copy of the deeds, Articles of Incorporation, CC&Rs, By-law, and Use Permit. Mr. Sanders said the documents would be helpful. Commissioner Nelson said he would like to know about the process for other cabins to go through. Mr. Wannenmacher said that the County needs to grant a Use Permit to allow expansion of a nonconforming use for this cabin to be enlarged. The cabin owner would have to have approval from the Corporation of Cabin Owners. He said the process needs to be looked at. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 26, 2003 ■ PAGE 3 ■ It was moved by Commissioner Evans, seconded by Commissioner Nelson, and unanimously carried to continue this hearing to August 14, 2003, have staff verify the ownership and check that the application is complete. He said he would also like to request additional site information as discussed by Ms. Rutherford. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 26, 2003 ■ PAGE 4 ■ Bruce and Sue Miller, proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit to allow for replacement and expansion of a legal nonconforming dwelling (cabin). The existing cabin will be demolished and replaced with a new, larger cabin. The parcel is zoned "U" (Unclassified) and currently has a General Plan designation of Timber Mountain and is zoned U (Unclassified). The property is located on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch. APN 060-250-003 (MM) (UP 03-12) Mr. Michelena gave a brief summary of the project. He asked that the hearing be continued to June 26, 2003 to allow for the notification of the other cabin owners on the property. It was moved by Commissioner Evans, seconded by Commissioner Marin, and unanimously carried to continue this hearing open to June 26, 2003, at 9:00 a.m. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 12,2o63 of PAGE 12■ County of Butte Oroville, California GENERAL CLAIM DATE OF CLAIM: 9/11/03 a ' e CLAIMANT: Bruce & Sue Miller ADDRESS: 9451 Jones Avenue CITY & STATE: Durham, CA 95938 SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE REV DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY). TOTAL REFUND CLAIM - ATR #61767, Receipt #21018, Check #0125, APN#060-250-003-Refund of l remainingfunds on deposit for application UP 03-12. Pz �x w, 06/13/03 Application #UP 04-05 PAID RETAINED REFUND Development Services $ 700.00 $ 169.51 $ 530.49 Y WON NOD/NOE recording fee $ 36.00 .$ - $ 36.00 �y TOTAL $ 736.00 $ - $ 566.49 (i�yst 3.? vn;'i,�Ty ,"y�` • _ dam`?`,'f:Y'y"i :..:: BREAKD:OiN::<:::;:;:>>::::::>;::::.:::::; AC ><:BUDET ............:....:.:.. ....::.:...: Development Services 440001 4210900 $ 530.49 NOD/NOE 470001 4612319 $ 36.00' 3 � RM.. TOTAL $ 566.49 $ 566.49 , ,, I, the undersigned, declare under penalty of perjury that the services. or articles claimed have been performed or delivered, and that this claim is true and correct as stated. Dated this day of 2003, at Calif._ Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is, a Budget AppropriationBoard Approval (Check o or fte�ame, (�or�S—pecfic rtrt I Dated this ` day of, 2003, at Oroville ali ent Head or Authorized Deputy Dept. SEE Exp. Code BREAKDOWN Code PAYABLE FROM FUND DO NOT WRITE BELOW THIS LINE - AUDITOR'S USE ONLY DEPT & SUB. PROJ SUB. OBJ CLAIM NO. INV NO. INV. DATE ENCUMB. GROSS AMT. • .. - County of Butte Oroville, California GENERAL CLAIM DATE OF CLAIM: September 2, 2003 IMPORTANT: CLAIMANT: Bruce 8Sue Miller .� w ,„ SEE INSTRUCTIONS r c i BELOW ADDRESS: 9451JonesAuenue;,, a..x� , ,.ws� .. CITY, STATE: Durham,CA:959, 38,x.: a»» SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES. DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT September 2, 2003 REFUND of remaining funds on application UP 03-12, befor e the Planning Commission 8/14/03) $ 530.49 TOTAL $ 530.49 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and correct as stated. Jr''�7��a�Daied`"tli�s�r � ��� tl��ay,�'of����- Signature of Claimant I, the undersigned, hereby certify that, to the, best of my knowledge, the services or articles specified above have been delivered and that there is a Budget AppropriatEl or Specific Board Appr one) fome. performed or `❑(Check E '04 Dated this �_ day of 2003, at Oroville C `� 1J Department Head or Authorized Deputy INSTRUCTIONS TO CLAIMANTS All claims against the County must be itemized, giving dates and character of service rendered or work performed, quantities, description and unit prices of articles furnished or delivered. Claims must be certified by the claimant and submitted to the Department head for approval. Upon approval, the Department head will forward claim to the County Auditor for payment. Do Not file with the County Auditor first. Claims should be presented to officials for approval immediately upon completion of services requested or material ordered. Compliance with the above instructions will expedite payment of claim. Failure to do so may delay payment. Dept. Exp. Code 440-001 Code 4210900 / 101001 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE • AUDITOR' USE ONLY DEPT & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. 14V. DATE E CUMBER. GROSS AMT. Claimant - Submitted for your approval/signature. Please return signed form to: Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 C AV 103 County of Butte Oroville, California GENERAL CLAIM DATE OF CLAIM: September 2, 2003 IMPORTANT: CLAIMANT: B, ryceue Miller. n� SEE INSTRUCTIONS 4x 5 ADDRESS: 94.51 Jones Avenue�� §�°',r,, .3 a BELOW CITY, STATE: SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT September 2, 2003 Return of NOD/NOE filing fee on application UP 03-12 (before Planning Commission 8/14/03) $ 36.00 TOTAL $ 36.00 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and correct as stated. 0"M, ` ofd Callf`su s Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget Appropriat❑ or Specific Board Approval ❑(Check one) for the same. \. Dated this day of , 2003, at Oroville Calif. Department Head or Authorized Deputy INSTRUCTIONS TO CLAIMANTS All claims against the County must be itemized, giving dates and character of service rendered or work performed, quantities, description and unit prices of articles furnished or delivered. Claims must be certified by the claimant and submitted to the Department head for approval. Upon approval, the Department head will forward claim to the County Auditor for payment. Do Not file with the County Auditor first. Claims shouid be presented to officials for approval immediately upon completion of services requested or material ordered. Compliance with the above instructions will expedite payment of claim. Failure to do so may delay payment. Dept. Exp. 470001 Code 4612319 / 101001 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE - AUDITOR -P USE ONLY DEPT & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. 14V. DATE ENCUMBER. GROSS AMT. Claimant -Submitted for your approval/signature. Please return signed form to: Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 r DEPOSIT REQUEST FOR AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT DEPARTMENT: DEVELOPMENT SERVICES - PLANNING DIVISION DATE: 3/7/2003 REVISED BAG # 312 By: RECEIPTS: 21016-21022 PREPARED BY: oor, Ext. 6571 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT PLANNING APPLICATION FEES GENERAL 0010 440001 4210900 101001 $ 2,750.00 Proiect Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 042-90-098, 099, Chk "#11793• Paiva $ 1,000.00 UP 03-12, APN 060-210-003 Chk #0125 Miller $ 700.00 ADM 02-11, APN 047-100.136 Chk #4555 $ 50.00 TPM 03-20, APN 004-490-020 Chk 93246 Holiday Prop(Niderost) $ 1,000.00 LAND DEVELOPMENT GENERAL 0010 440004 4611700 101001 $ 730.00 Project Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 042-90-098, 099, Chk #11793 Paiva $ 290.00 , UP 03-12, APN 060-210-003 Chk #0125 Miller $ 150.00 TPM 03-20, APN 004490-020 Chk 93246 Holiday Prop(Niderost) $ 290.00 ENVIRONMENTAL HLTH GENERAL 0010 540003' 4614901 101001 $ 658.00 Prolect Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 042-90-098, 099, Chk #11793 Paiva $ 241.50 UP 03-12, 'APN 060-210-003 Chk #0125 Miller $ 185.00 TPM 03-20, APN 004-490-020 Chk #3246 Holiday Prop(Niderost) $ 231.50 FIRE PLNG APPL FEE FIRE PROTECTION 0100 D.O.T - ALUC PLANNING GENERAL 0010 440001 4617240 101001 $ 301.00 Prosect Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 042-90-098, 099, Chk #11793 Paiva $ 129.00. UP 03-12, APN 060-210-003 Chk #0125 Miller $ 43.00 TPM 03-20, APN 004-490-020 Chk #3246 Holiday Prop(Niderost) $ 129.00 NODINOE CLERICS FILING FEE GENERAL 0010 470001 4612319 101001 $ 108.00 ($36) Prosect Number ( detail information MUST be provided) TPM 03-19, APN 042-90-098, 099, Chk #2618 Sierra West(Paiva) Amount of Fee $ 36.00 / UP 03-12, APN 060-210-003 Chk #0125 Miller $ 36.00 ✓ TPM 03-20, APN 004-490-020 Chk #3246 Holiday Prop(Niderost) $ 36.00 D.O.T - ALUC PLANNING GENERAL 0010 440001 4617241 101001 $ 300.00 Prolect Number ( detail information MUST be provided) Amount of Fee ALUC, APN 048-012-073, Chk 21114 Salvation Army $ 300.00 DOCUMENTICOPY SALES FOR FUNDS RECEIVED ON: 3/6/2003 GENERAL 0010 440001 4711910 101001 $ 16.00 TOTAL $ $ 4,863.00 ())V 0 3 __ /'�. OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 21018 ISSUED BYcl �. 0 County of Butte ' Oroville, California ,¢g' GENERAL CLAIM DATE OF CLAIM: 9/11/03 CLAIMANT: Bruce & Sue Miller" ADDRESS: 9451. Jones Avenue CITY & STATE: I Durham, CA 95938 SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE REV DESCRIPTION OF CLAIM DESCRIBE FULLY TO AVOID DELAY TOTAL REFUND CLAIM - ATR #61767, Receipt #21018, Check #0125, APN#060-250-003--Refund of�� 06/13/03 remaining funds on deposit for application"UP 03-12. g, Application #UP 04-05 PAID RETAINED REFUND ` Development Services $ 700.00 $ 169.51 $ 530.49x„ s� NOD/NOE recording fee 36.00 $ $ 36.00$ ' TOTAL $ 736.00 $" - $ 566.49 �5r Y17% r14#:1''�'� §h e.. ._ "•:• :::':'.:•':i:::i:.i.•i::::i::::i::::i::::i' - .: . .... .: •n..:.:.:::::. .... ::::. BREAICllOWN :.>::.»>>;:...' ....-- BUDGET .. ',ACCOUNT ..... AMOUNT Ir w Develo mellit Services 440001 4210900 .$ 530.49 NOD/NOE 470001 4612319 $, 36.00 ISL t" TOTAL `� $ . " .� .566.49 $ 566.49 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and. that this claim is true and correct as stated. Dated this day of 2003, at Calif._ " Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget Appropriation or Specific Board Approval (Check one) for the same. Dated this . day of " 2003, at Oroville Calif. Department Head or Authorized Deputy Dept. SEE Exp. Code_ BREAKDOWN Code_ PAYABLE FROM FUND DO NOT WRITE BELOW THIS LINE - AUDITOR'S USE ONLY DEPT & SUB. PROD SUB. OBJ CLAIM NO. INV NO. INV. DATE ENCUMB. GROSS AMT. C� County of Butte Oroville, California GENERAL CLAIM DATE OF CLAIM: September 2, 2003 IMPORTANT: CLAIMANT: Bruce.8� Sue Mille' S: E�" #" "= ....,,.,..e_a�.."fu-.: �.:._SEEINSTRUCTIONS ADDRESS: [$4 e ._, 4 z �. BELOW CITY STATE EDu�harn CA95938 SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT September 2, 2003 REFUND of remaining funds on application U 03-12, before the Planning Commission 8/14/03) $ 530.49 TOTAL $ 530.49 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and correct as stated. Dated thisv� d of 2003; at Cali —'— o Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget AppropriatO or Specific Board Appr [](Check one) fo�t#► me. q Dated thisday of 2003, at Oroville Cak� t Department Head or Authorized Deputy INSTRUCTIONS TO CLAIMANTS All claims against the County must be itemized, giving dates and character of service rendered or work performed, quantities, description and unit prices of articles furnished or delivered. Claims must be certified by the claimant and submitted to the Department head for approval. Upon approval, the Department head will forward claim to the County Auditor for payment. Do Not file with the County Auditor first. Claims should be presented to officials for approval immediately upon completion of services requested or material ordered. Compliance with the above instructions will expedite payment of claim. Failure to do so may delay payment. Dept. Exp. Code 440-001. Code 4210900 / 101001 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE -AUDITOR' USE ONLY DEPT & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. 14V. DATE CUMBER. GROSS AMT. Claimant - Submitted for your approval/signature. Please return signed form to: Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 5/ County of Butte Oroville, California GENERAL CLAIM DATE OF CLAIM: September 2, 2003 IMPORTANT: CLAIMANT: +BruceK& S�ue'Miller:..: '� 4" ;SEE INSTRUCTIONS Y.E1g x..M,}` rt;..%a_�:.::u,s.� ADDRESS:19451' ;low, nes Avenue ,� s"� xvx BELOW CITY, STATE:Durham A 9593,8 ��s "`� SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT September 2, 2003 Return of NOD/NOE filing fee on application UP 03-12 (before Planning Commission 8/14/03) $ 36.00 TOTAL $ 36.00 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and correct as stated. t - Datedlthls d a o 2003 "at tom'i G( S Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget AppropriatO or Specific Board Approval ❑ (Check one) for the same. Dated this day of 2003, at Oroville Calif. ��, a u i� Q ilj Department Head or Authorized Deputy INSTRUCTIONS TO CLAIMANTS All claims against the County must be itemized, giving dates and character of service rendered or work performed, quantities, description and unit prices of articles furnished or delivered. Claims must be certified by the claimant and submitted to the Department head for approval. Upon approval, the Department head will forward claim to the County Auditor for payment. Do Not file with the County Auditor first. Claims should be presented to officials for approval immediately upon completion of services requested or material ordered. Compliance with the above instructions will expedite payment of claim. Failure to do so may delay payment. Dept. Exp. 470001 Code 4612319 / 101001 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE - AUDITOR' USE ONLY DEPT & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. I V. DATE ENCUMBER. GROSS AMT. Claimant - Submitted for your approval/signature. Please return signed form to: Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 x IEPOSIT REQUEST FOR AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT DEPARTMENT: DEVELOPMENT SERVICES - PLANNING DIVISION DATE: 3/7/2003 REVISED BAG # 312 By: RECEIPTS: 21016-21022 PREPARED BY: oor, Ext. 6571 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT PLANNING APPLICATION FEES GENERAL 0010 440001 4210900 101001 $ 2,750.00 Protect Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 042-90-098, 099, Chk #11793 Paiva $ 1,000.00 UP 03-12, APN 060-210-003 Chk #0125 Miller UP 03-12, APN 060-210-003 Chk #0125 Miller $ 700.00 ADM 02-11, APN 047-100-136 Chk #4555 $ 50.00 290.00 TPM 03-20, APN 004-490-020 Chk #3246 Holiday Prop(Niderost) $ 1,000.00 4614901 LAND DEVELOPMENT GENERAL 0010 440004 4611700 101001 $ 730.00 Prolect Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 042-90-098, 099, Chk #11793 Paiva $ 290.00 UP 03-12, APN 060-210-003 Chk #0125 Miller $ 150.00 TPM 03-20, APN 004-490-020 Chk 93246 Holiday Prop(Niderost) $ 290.00 ENVIRONMENTAL HLTH GENERAL 0010 540003 4614901 101001 $ 658.00 Protect Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 042-90-098, 099, Chk #11793 Paiva $ 241.50 UP 03-12, APN 060-210-003 Chk #0125 Miller $ 185.00 TPM 03-20, APN 004190-020 Chk #3246 Holiday Prop(Niderost) $ 231.50 FIRE PLNG APPL FEE FIRE PROTECTION 0100 4617240 101001 $ 301.00 Prolect Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 042-90-098, 099, Chk #11793 Paiva $ 129.00 UP 03-12, APN 060-210-003 Chk #0125 Miller $ 43.00 TPM 03-20, APN 004-490-020 Chk #3246 Holiday Prop(Niderost) $ 129.00 NOD/NOE CLERK'S FILING FEE GENERAL 0010 470001 4612319 101001 $ 108.00 ($36) Prolect Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 042-90-098, 099, Chk #2618 Sierra West(Paiva) $ 36.00 UP 03-12, APN 060-210-003 Chk #0125 Miller $ 36.00 TPM 03-20, APN 004-490-020 Chk #3246 Holiday Prop(Niderost) $ 36.00 D.O.T - ALUC PLANNING GENERAL 0010 440001 4617241 101001 $ 300.00 Prolect Number ( detail information MUST be provided) Amount of Fee ALUC, APN 048-012-073, Chk 21114 Salvation Army $ 300.00 DOCUMENT/COPY SALES GENERAL 0010 440001 4711910 101001 $ 16.00 TOTAL $ $ 4,863.00 FOR FUNDS RECEIVED ON: 316/2003 *9 0,12 03_1'�- OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 21018 ISSUED BY AUW�/����C �m �;A / i 0 s Butte County Department ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone Use Permit Applicant: Bruce& Sue: Miller 9451 Jones Avenue Durham, CA 95938 Deposit Date: March 10, 2003 Receipt: 21018 Deposit Date: June 12, 2003. Receipt: 21217 Deposit Date: March 10, 2003 Receipt: 21018 File: Up 03-12 APN: 060-250-003 Date: September 2, 2003 DEVELOPMENT SERVICES/PLANNING DEPOSIT $ (700;00) $ (724.73) TOTAL PLANNING FEES PAID $ (1,424.73) NOD/NOE FILING FEE $ 36.00 REFUND UD 03.12 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will receive a FINAL INVOICE. following charges have been applied to the processing of your application: Professional Planner $ .569.36 Mapping 73.75 Clerical 190.58 Publishing 60.55 TOTAL CHARGES $ 894.24 TOTAL PLANNING DEPOSIT REFUND $ (530.49)1 NOD/NOE FILING FEE REFUND $ (36.00)1 Butte County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balal equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant dl A negative amount reflects a credit. Please sign and return the enclosed General Claim form. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. REFUND DUE TO YOU $ (566.49) CS KAFISCAL ADMIMBILLINGS & REFUNDSIREFUNDS\Miller UP 03-12 090203.xis r rc County of Butte Oroville, California GENERAL CLAIM DATE OF CLAIM: September 2, 2003 IMPORTANT: CLAIMANT: Bruce & Sue Miller SEE INSTRUCTIONS ADDRESS: 9451 Jones Avenue - BELOW CITY, STATE: Durham, CA 95938 SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT September 2, 2003 REFUND of remaining funds on application UP 03-12, before the Planning Commission 8/14/03) $ 530.49 TOTAL $ 530.49 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and correct as stated. Dated this day of 2003, at Calif. - ...__..._ __._� Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget Appropriat0 or Specific Board Approval [I (Check one) for the same. Dated this day of 2003, at Oroville Calif. Department Head or Authorized Deputy INSTRUCTIONS TO CLAIMANTS All claims against the County must be itemized, giving dates and character of service rendered or work performed, quantities, description and unit prices of articles furnished or delivered. Claims must be certified by the claimant and submitted to the Department head for approval. Upon approval, the Department head will forward claim to the County Auditor for payment. Do Not file with the County Auditor first. Claims should be presented to officials for approval immediately upon completion of services requested or material ordered. Compliance with the above instructions will expedite payment of claim. Failure to do so may delay payment. Dept. Exp. Code 440-001 Code 4210900 / 101001 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE - AUDITOR -P USE ONLY DEPT & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. I W. DATE ENCUMBER. GROSS AMT. Claimant - Submitted for your approval/signature. Please return signed form to: Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 • County of Butte : Oroville, California Gt:NERAL CLAIM DATE OF CLAIM: . September 2, 2003 IMPORTANT: CLAIMANT: Bruce &:Sue Mlller; " _ ;SEE INSTRUCTIONS ADDRESS: BELOW CITY, STATE: Durham; CA'`9593O SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT September 2, 2003 Return of NOD/NOE filing fee on application UP 03712 (before Planning" Commission 8/14/03) $ 36.00 TOTAL $ 36.00 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and correct as stated. Dated this; ....;. ......... to z'" 3!-- r- ..�� _........................................., _._ Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a,Budget Appropriat❑ or specific Board Approval [](Check one):for the same. Dated this day of 2003, at Oroville Calif. Department Head or Authorized Deputy INSTRUCTIONS TO CLAIMANTS All claims against the County must be itemized, giving dates and character of service rendered or work performed, quantities, description and unit prices of articles furnished or delivered. Claims must be certified by the claimant and submitted to the Department head for approval.' Upon approval, the Department head will forward claim to the County Auditor for payment, Do Not file with the County Auditor first. Claims should be presented to officials for approval immediately upon completion of services requested or material ordered. Compliance with the above instructions will expedite payment of claim. Failure to do so may delay payment. Dept. Exp. 470001 Code 4612319/ 101001 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE - AUDITOR' USE ONLY DEPT & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. I W. DATE ENCUMBER. GROSS AMT. Claimant -Submitted for your approval/signature. Please return signed form to: Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 8/27/2003 7:45 AM Nickname Full Name Address Business Home Project Type Deposit Status Planner Salutation • Butte County Department of Development Services Pre -bill Worksheet Page 1 Miller.UP 03-121 UP 03-12 • P�a� , 3( Miller �jrUGL-+-�� 7 3: 75- 4 —4- S l tW'� Fax 'gov* V o-wiCA OtherHO Deposit Project Mark Michelena Date Employee Rate ,/� Task /4 10* &00- zz-0-0�3 Markup % 3/6/2003 Mark 59.00 Circulation - Planner Determine an application's completeness/circulate for staff comments/analysis. 3/6/2003 Mark 59.00 Circulation - Planner Determine an application's completeness/circulate for staff comments/analysis. 3/10/2003 Cheryl 45.00 Administrative -Clerical Time spent on billing and other administrative tasks not related to processing . 3/11/2003 Mark 59.00 Report Reports & analysis related to the application/report. q 2 Hours Amount G` Total DNB Time DNB Amt 0.50 29.50 Billable c53�,�g 0.50 .29.50 Billable 0.08 3.75 Billable 0.50 29.50 Billable 3/11/2003 Roni 34.00 1.58 53.83 Billable Clerical Activities File set up 3/11/2003 Mark 59.00 0.50 29.50 Billable Report Reports & analysis related to the application/report. 3/11/2003 Mark 59.00 0.25 14.75 Billable Report Reports & analysis related to the application/report. 3/13/2003 Larry 59.00 1.25 73.75 Billable Mapping Mapping 3/27/2003 Mark 59.00 0.25 14.75 Billable Report Reports & analysis related to the application/report. 8/27/2003 Butte County Department of Development Services 7:45 AM Pre -bill Worksheet Miller.UP 03-12:Miller (continued) Date Employee Rate Hours Task Markup % DNB Time Amount DNB Amt Page 2 Total 4/22/2003 Mark 59.00 1.00 59.00 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 4/23/2003 Mark 59.00 0.42 24.58 Billable Report Reports & analysis related to the application/report. 4/28/2003 Mark 59.00. 0.33 19.67 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 5/2/2003 Mark 59.00 1.75 103.25 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 5/8/2003 Mark 59.00 0.50 29.50 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 5/12/2003 Mark 59.00 0.58 34.42 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 5/12/2003 Mark 59.00 0.50 29.50 Billable Report Reports & analysis related to the application/report. 5/14/2003 Mark 59.00 0.25 14.75 Billable Report Reports & analysis related to the application/report., 5/19/2003 Lynn 45.00 1.00 45.00 Billable Notification - Clerical Notification activities related to applicants. 5/20/2003 Mark 59.00 0.25 14.75 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 5/29/2003 Mark 59.00 0.33 19.67 Billable Report Reports & analysis related to the application/report. 6/3/2003 Mark 59.00 0.25 14.75 Billable Meeting - Planner Time spent in meetings (Not incl. Public Hearings). 8/27/2003 Butte County Department of Development Services 7:45 AM Pre-bill Worksheet Page Miller.UP 03-12:Miller (continued) Date Employee Rate Hours Amount Task Markup % DNB Time ' DNB Amt 6/3/2003 Maris 59.00 0.25 14.75 Report Reports & analysis related to the application/report. 6/4/2003 Mark 59.00 0.33 Report Reports & analysis related to the application/report. 6/5/2003 Lynn 45.00 0.32 Packets - Clerical Prepare packets for meetings/mailings. 6/12/2003 Lynn 45.00 0.07 Mtg - Clerical Arrange/attend associated with project review (not incl Public Hearings). 6/12/2003 Lynn 45.00 0.07 Letters - Clerical Prepare & process correspondence. 6/12/2003 Lynn 45.00 0.05 Clerical Activities Minutes 6/12/2003 Mark 59.00 0.08 Hearing - Clerical Time spent at the Public Hearing for the application, including all continuances 6/12/2003 Roni 34.00 0.25 Clerical Activities NOD 6/16/2003 Cheryl 45.00 0.08 Administrative-Clerical Time spent on billing and other administrative tasks not related to processing . 6/23/2003 Mark 59.00 0.25 Phone Calls/Counter - Clerical Time spent making/receiving phone calls and counter contats regarding project. 6/26/2003 Lynn 45.00 0.37 Mtg - Clerical Arrange/attend associated with project review (not incl Public Hearings). 19.67 14.25 3.00 3.00 2.25 4.92 8.50 3.75 14.75 16.50 3 Total Billable Billable Billable Billable Billable Billable Billable Billable Billable Billable Billable X 8/27/2003 Butte County Department of Development Services 7:45 AM Pre -bill Worksheet Page 4 Miller.UP 03-12:Miller (continued) Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 6/26/2003 Lynn 45.00 0.08 3.75 Billable Circulation -Clerical Letter 6/26/2003 Lynn 45.00 0.37 16.50 Billable Minutes - Clerical Minutes related to application. 7/7/2003 Lynn 45.00 0.08 3.75 Billable Administrative -Clerical Time spent on billing and other administrative tasks not related to processing . 8/7/2003 Lynn 45.00 0.25 11.25 Billable Clerical Activities Proof / Packets 8/14/2003 Lynn 45.00 0.06 2.53 Do Not Bill Letters - Clerical 0.06 2.53 Prepare & process correspondence. 8/14/2003 Mark 59.00 0.07 3.93 Billable Hearing - Planner Withdrawal of project 8/15/2003 Lynn 45.00 0.07 3.03 Do Not Bill Minutes - Clerical 0.07 3.03 Minutes related to application. 8/15/2003 Lynn 45.00 0.03 1.50 Billable Mtg - Clerical Arrange/attend associated with project review (incl. Public Hearings) TOTAL Billable Fees 15.57 $833.69 Do Not Bill 0.13 $5.56 Date Employee Price Quantity Amount Total Expense Markup % 7/7/2003 Lynn 60.55 1.000 60.55 Billable Publishing Expense Publish in Newspaper -Chico Enterprise Record Thurs. 5/22/03 TOTAL Billable Costs $60.55 8/27/2003 Butte County Department of Development Services 7:45 AM Pre -bill Worksheet Miller.UP 03-12:Miller (continued) Total of Fees (Time Charges) Total of Costs (Expense Charges) Total new charges Accounts Receivables Date Type Description 3/10/2003 CRED Credit -Initial Deposit Receipt #21018, Check #0125 3/10/2003 INV Invoice-NOD/NOE filing fee due 3/10/2003 PAY Payment - Receipt 21018 6/12/2003 PAY Payment - Receipt 21217 Total Accounts Receivable Total New Balance Page 5 Amount Total $833.69 $60.55 ZOOU4. L4 ($700.00) $36.00 ($36.00) ($724.73) ($1,424.73) ($530.49) • • Page 1 of 1 Spoor, Cheryl From: Thornton, Roneva Sent: Thursday, August 28, 2003 4:32 PM To: Spoor, Cheryl Subject: UP 03-12, Bruce and Sue Miller Cheryl, I just wanted to make sure that you are aware that this project was denied at the August 14, 2003 Planning Commission. If they are due a refund, their $36.00 for an NOD/NOE should be a part of it. Roni 8/29/2003 • • Page 1 of 1 1b, Spoor, Cheryl I From: DeBrunner, Deborah Sent: Friday, June 06, 2003 2:52 PM To: Baker, Joseph Cc: Spoor, Cjryl;_Michelena, Mark; Lewellen, Diane Subject: Mille P 03-12 I spoke with Sue Miller about her bill. She will pay the $700 restoration. of deposit the First of next week. As per the information you provided, she was told you are shooting for a 6/26 hearing date. I explained to Ms. Miller that when her deposit balance reached $175, we were to have stopped work until the deposit was restored. to $700. 1 told her Mark was at the Assessor's pulling owner's names at that moment. I told Ms. Miller that we would do are best to process any refund due her ASAP. Mrs. Miller indicated that Mark had told her that we would only be billing about $200 against the $700. I explained to her that even though Mark felt that the majority of the work was completed and that it would only require several more hours Of time to finish, that we have thought that before and something else came up. Not to discount you Mark, but I told her that you were a "Planner", not a fiscal person, and I couldn't guarantee that we wouldn't use more than Mark had guessed. (There are other charges too — Lynn/Boni/Cheryl, publishing, etc. —that may not have been reflected on the bill). QUESTION: How do we provide good customer service, in letting applicants know the status of their project, without making projections as to charges? This is bound to come up again. Deb-qrg h,DeB rwn4ie-r Principal Analyst :Department of Development Services ' 7 County Center Drive, Orovil.le, CA 95965 (530) 538-7464 538-7785 Fax 6/9/2003 2 C/ 6/16/2003 Butte County Department of Development Services 61131103 11:50 AM Pre -bill Worksheet Page 1 Selection Criteria Applicant (hand sel Include: Miller UP 03-12 Nickname Miller UP 03-12 1 UP 03-12 45.00 0.08 3.60 Full Name Bruce & Sue Miller 42571 Administrative Address 9451 Jones Avenue Billing/administrative tasks not related to actual processing of application Durham CA 95938 3/11/2003 Mark Michelena 59.00 Phone 1 (530) 891-8035 Phone 2 29.50 Billable 42695 Reports Phone 3 Phone 4 In Ref To APN # 060-250-003 Fees Arrg. By billing value on each slip 3/11/2003 Roni Thornton 34.00 1.62 Expense Arrg. By billing value on each slip Billable 42697 Clerical/Input Tax Profile Exempt File set up Last bill 3/10/2003 Last charge 6/16/2003 59.00 0.50 29.50 Last payment 6/12/2003 Amount $724.73 Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 3/5/2003 Larry P. 59.00 1.25 73.75 Billable 42760 Mapping Generate maps for current projects (corrected on 6/2/03 from 1 hr 25 min TO 1 hr. 15 min.) 3/6/2003 Mark Michelena 59.00 0.50 29.50 Billable 42556 Circulation 3/7/2003 Mark Michelena 59.00 0.50 29.50 Billable 42564 Circulation 3/10/2003 Cheryl S. 45.00 0.08 3.60 Billable 42571 Administrative Billing/administrative tasks not related to actual processing of application 3/11/2003 Mark Michelena 59.00 0.50 29.50 Billable 42695 Reports Report & analysis on application 3/11/2003 Roni Thornton 34.00 1.62 55.08 Billable 42697 Clerical/Input File set up 3/17/2003 Mark Michelena 59.00 0.50 29.50 Billable 42735 Reports Reports & analysis on applications 6/16/2003 Butte County Department of Development Services 11:51 AM Pre -bill Worksheet Miller UP 03-12:13ruce & Sue Miller (continued) Date Employee Rate Hours ID Task Markup % DNB Time Amount DNB Amt Page 2 Total 3/21/2003 Mark Michelena 59.00 0.25 14.75 Billable 42800 Reports Reports & analysis on applications 3/27/2003 Mark Michelena 59.00 0.25 14.75 Billable 42812 Reports Reports & analysis on applications 4/22/2003 Mark Michelena 59.00 1.00 59.00 Billable 43014 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 4/23/2003 Mark Michelena 59.00 0.42 24.78 Billable 43066 Reports Reports & analysis on applications 4/28/2003 Mark Michelena 59.00 0.33 19.47 Billable 43087 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/2/2003 Mark Michelena 59.00 1.75 103.25 Billable 43164 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/8/2003 Mark Michelena 59.00 0.50 29.50 Billable 43230 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/12/2003 Mark Michelena 59.00 0.58 34.22 Billable 43260 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/12/2003 Mark Michelena 59.00 0.50 29.50 Billable 43261 Reports Staff Report 5/14/2003 Mark Michelena 59.00 0.25 14.75 Billable 43272 Reports Reports & analysis on applications 5/19/2003 Lynn R. 45.00 1.00 45.00 Billable 43255 Clerical/N Publish 6/16/2003 Butte County Department of Development Services 11:51 AM Pre-bill Worksheet Miller UP 03-12:13ruce & Sue Miller (continued) Date Employee Rate Hours ID Task Markup % DNB Time Amount DNB Amt Page 3 Total 5/20/2003 Mark Michelena 59.00 0.25 14.75 Billable 43285 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/29/2003 Mark Michelena 59.00 0.33 19.47 Billable 43410 Reports Reports & analysis on applications 6/3/2003 Mark Michelena 59.00 0.25 14.75 Billable 43453 Meetings Meeting 6/3/2003 Mark Michelena 59.00 0.25 14.75 Billable 43455 Reports Report 6/4/2003 Mark Michelena 59.00 0.33 19.47 Billable 43481 Reports Reports & analysis on applications 6/5/2003 Lynn R. 45.00 0.32 14.40 Billable 43475 Clerical Packets 6/12/2003 Lynn R. 45.00 0.07 3.15 Billable 43540 Meetings Arranging and attending meetings (does not incl. public hearings) 6/12/2003 Lynn R. 45.00 0.07 3.15 Billable 43544 Correspondence Letter 6/12/2003 Lynn R. 45.00 0.05 2.25 Billable 43546 Clerical/Min Minutes related to applications 6/12/2003 Mark Michelena 59.00 0.08 4.72 Billable 43549 Hearings Public hearing 6/16/2003 Cheryl S. 45.00 0.08 3.60 Do Not Bill 43534 Administrative 0.08 3.60 Billing/administrative tasks not related to actual processing of application 6/16/2003 Butte County Department of Development Services 11:51 AM Pre -bill Worksheet Page 4 Miller UP 03-12:Bruce & Sue Miller (continued) Amount Total TOTAL Billable Fees 13.78 $750.26 Do Not Bill 0.08 $3.60 Date Employee Price Quantity Amount Total ID Expense Markup % 5/27/2003 Lynn R. 60.55 1.000 60.55 Billable 43388 Publishing Publishing in newspaper -Chico Enterprise Record Thurs. 5/22/03 TOTAL Billable Costs $60.55 Calculation of Fees and Costs Amount Total Fees Bill Arrangement: Slips By billing value on each slip. Total of billable time slips $750.26 Total of Fees (Time Charges) $750.26 Costs Bill Arrangement: Slips By billing value on each slip. Total of billable expense slips $60.55 Total of Costs (Expense Charges) $60.55 Total new charges Accounts Receivables DatellD Type Description 3/10/2003 CRED Credit - Receipt #21018, Check #0125 2170 3/10/2003 INV NOD/NOE Recording Fee Due 2171 3/10/2003 PAY Payment, Receipt 21018 2172 6/12/2003 PAY Payment Receipt #21217. Check No. 1007 2426 Total Accounts Receivable ($700.00) $36.00 ($36.00) ($724.73) $810.81 ($1,424.73) 6/16/2003 Butte County Department of Development Services 11:51 AM Pre -bill Worksheet Miller UP 03-12:Bruce & Sue Miller (continued) New Balance Current Unapplied Total New Balance Amount to replenish account to $700.00 Page 5 Amount Total $810.81 ($1,424.73) ($613.92) $700.00 COUP OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA TOTAL$ 1,290036. APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER RER r - ATR NO 64543 RECEIVED FROM PLANNING BAG 0330 DATE 611312003 FUND FUMED DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AE40UNT DEPOSIT DATE: 6813 RECEIPTS: 21216 - 21221 PLANNING ADPL FEES GENL 0010 440M 4210900 101011 1,2L9.36 Project Number Amount of Fee ACDid;:060-003 BRUCE BILLER - UP 03-42.8 $729.73' f TOTAL$ 1,290036. APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER RER r - �J "J RECEIPT JOURNAL COUNTY OF BUTTE OFFICE OF PLANNING I • 10 0-�a-o3al��� �ayj3 �ay�3 UP 0- Q, RECEIPT TOTAL ' PUBLICS - PUBLIC ENV. NOEMOD DATE - NO. RECEIVED - WORKS LAFCO PLANNING SALES HEALTH FIRE F/G FEE OTHER APPLICANT RECEIVED FROM T OFFICIAL RECEIPT . COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 21217, 2 6 0 BRUCE MILLER . 1007 SUE MILLER RENTAL ACCOUNT 530-891-8035 `9451 JONES AVE- .so-az02/Izn DURHAM, CA 95938 Date ✓ 0 Pay to the Order of - .,^-Dollars 8. =- 'Butte Community . Bank = 900 MANGROVE • CHCO. CA 9592600 • (530{•696-260 For' n. t>P�S�,n G 1: L 2 L 1,4 20 .2 51:0 700 1,0 6 3 6 20 1,00 7 i OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT- 21217 DATE RECEIPT TOTAL PUBLIC LAFCO •PLANNING PUBLIC ENV. FIRE NOE/NOD OTHER APPLICANT RECEIVED FROM ' NO. RECEIVED WORKS SALES HEALTH F/G FEE OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT- 21217 0 0 Butte County De ar&nent ofDevelo meet P p Services Administration - AR 7 County Center Drive BUTTE Oroville, CA 95965 COUNTY (530) 538-7601 Telephone JUN 12 2003 DEVELOPMENT SERVICES • Use Permit Applicant: Bruce & Sue Miller 9451 Jones Avenue Durham, CA 95938 File: UP 03-12 APN: 060-250-003 Date: June 2, 2003 I INVOICE P03.12 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into -our billing progl There may be additional charges In the piocessii ig of your application that have not yet been entered into the billing program, and are not refle on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, will receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner $476.72 Mapping 83.78 Clerical 103.68 Publishing 60.55 TOTAL CHARGES:,, 724.73 The following payments have been applied to your application: - Deposit Disbursement: Deposit Date: March 6. 2003 Environmental Health $185.00 Receipt: 21018, Check 0125 Land Development $150.00 CDF/Fire Department $43.00 NODINOE FILIN Total Payment DEVELOPMENT SERVICES - PLANNING DEPOSIT700.00 $1,114.00 BALANCE DUE $ 24.73 An additional deposit is required to continue processing this application $ 700.00 TOTAL PLANNING FEES DUE $ 724.73 County checks payable to: Butte County Treasurer and send it to us at the above address. J you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m.. K:IFISCAL ADMIMBILLING LETTERS\SENT BILLINGSWIler 03-12 060203.xis IMPORTANT ME0 SSAG FOR T�MiE( DATE CAME TO SEE YOU M WANTS TO SEE YOU t RUSH, OF l PHONE AREA CODE — NUMBER . EXTENSION FAX . mosaeNUMBER AREA CODE TIME TO CALL i TELEPHONED PLEASE CALL CAME TO SEE YOU WILL CALL AGAIN ' WANTS TO SEE YOU t RUSH, RETURNED YOUR CALL SPECIAL ATTENTION -..St, I l L�. UD' ; , -/3 SIGNED Butte County Deparanent ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone Use Permit Applicant: Bruce & Sue Miller 9451 Jones Avenue Durham, CA 95938 File: UP 03-12 APN: 060-250-003 Date: June 2, 2003 INVOICE UP 03.12 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing progl There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not refle on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, will receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner Mapping Clerical Publishing TOTAL CHARGES: The following payments have been applied to your application: $476.721. 83:78'' 103.68' 60.55 724.73 Deposit Disbursement: Deposit Date: March 6. 2003 Environmental Health $185.00 Receipt: 21018, Check 0125 Land Development' $150.00 CDF/Fire. Department $43.00 NOD/NOE FILIN Total Payment DEVELOPMENT SERVICES - PLANNING DEPOSIT 700.00 $1,114.00 BALANCE DUE $ 24.73' $ 700.00 An additional deposit is required to continue processing this application TOTAL PLANNING FEES DUE $ 724.73 Butte County checks payable to: Butte County Treasurer and send it to us at the above address. J you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 .m., Monday through Friday. AMOUNT DUE`AND PAYABLE June 11; 2003 ` y: 724.73 K:\FISCAL ADMIMBILLING LETTERS\SENT BILLINGS\Miller 03-12 060203.xis 6/2/2003 11:13 AM Butte County Department of Development Services Pre -bill Worksheet Selection Criteria Applicant (hand sel Include: Miller UP 03-12 Page 1 Nickname Miller UP 03-12 �` ��� UP 03-12 �,, '�* I `CV Full Name Bruce & Sue Miller l Address 9451 Jones Avenue W) 93,-7 Date Employee ID Task 3/5/2003 Larry P. 42760 Mapping Generate maps for current projects o_` C9 63,to9 �(9 OA-�_ C CP Rate Hours A Total Markup % DNB Time KB Amt 59.00 1.42 83.78 Billable 3/6/2003 Mark Michelena 59.00 0.50 2910 Billable 42556 Circulation 3/7/2003 Mark Michelena 59.00 0.50 2! Billable 42564 Circulation 3/10/2003 Cheryl S. 45.00 0.08 c 360 Billable 42571 Administrative Billing/administrative tasks not related to actual processing of application 3/11/2003 Mark Michelena 59.00 0.50 (29.50' Billable 42695 Reports Report & analysis on application 3/11/2003 Roni Thornton 34.00 1.62 \-_--55.,08, Billable 42697 Clerical/Input ,- File set up 3/17/2003 Mark Michelena 59.00 0.50 50 Billable 42735 Reports Reports & analysis on applications Durham CA 95938 Phone 1 (530) 891-8035 Phone 2 Phone 3 Phone 4 In Ref To APN # 060-250-003 Fees Arrg. By billing value on each slip Expense Arrg. By billing value on each slip Tax Profile Exempt Last bill 3/10/2003 Last charge 5/20/2003 Last payment 3/10/2003 Amount $36.00 Date Employee ID Task 3/5/2003 Larry P. 42760 Mapping Generate maps for current projects o_` C9 63,to9 �(9 OA-�_ C CP Rate Hours A Total Markup % DNB Time KB Amt 59.00 1.42 83.78 Billable 3/6/2003 Mark Michelena 59.00 0.50 2910 Billable 42556 Circulation 3/7/2003 Mark Michelena 59.00 0.50 2! Billable 42564 Circulation 3/10/2003 Cheryl S. 45.00 0.08 c 360 Billable 42571 Administrative Billing/administrative tasks not related to actual processing of application 3/11/2003 Mark Michelena 59.00 0.50 (29.50' Billable 42695 Reports Report & analysis on application 3/11/2003 Roni Thornton 34.00 1.62 \-_--55.,08, Billable 42697 Clerical/Input ,- File set up 3/17/2003 Mark Michelena 59.00 0.50 50 Billable 42735 Reports Reports & analysis on applications ;J 6/2/2003 Butte County Department of Development Services 11:13 -AM Pre -bill Worksheet Miller UP 03-12:Bruce & Sue Miller (continued) Date Employee Rate Hours ID Task Markup % DNB Time Amount DNB Amt Page 2 Total 3/21/2003 Mark Michelena 59.00 0.25 14.75� Billable 42800 Reports Reports & analysis on applications 3/27/2003 Mark Michelena 59.00 0.25 14'75 Billable 42812 Reports Reports & analysis on applications 4/22/2003 Mark Michelena 59.00 1.00 < 59..00 Billable 43014 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 4/23/2003 Mark Michelena 59.00 0.42 24 78 Billable 43066 Reports Reports & analysis on applications 4/28/2003 Mark Michelena 59.00 0.33 1.97/ Billable 43087 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/2/2003 Mark Michelena 59.00 1.75 1.05' Billable 43164 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/8/2003 Mark Michelena 59.00 0.50 (29.50 Billable 43230 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/12/2003 Mark Michelena 59.00 0.58 34,22 Billable 43260 CEQA L/ Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/12/2003 Mark Michelena 59.00 0.50 29:50) Billable 43261 Reports f Staff Report v 5/14/2003 Mark Michelena 59.00 0.25 14`75 Billable 43272 Reports Reports & analysis on applications 6/2/2003 Butte County Department of Development Services 11:13 AM Pre -bill Worksheet Page 3 Miller UP 03-12:Bruce & Sue Miller (continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 5/19/2003 Lynn R. 45.00 1.00 4r` 5:00 ! Billable 43255 Clerical/N ��—� Publish 5/20/2003 Mark Michelena 59.00 0.25 14.75 Billable 43285 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis TOTAL Billable Fees 12.20 $664.18 Total of billable expense slips $0.00 Calculation of Fees and Costs Amount Total Fees Bill Arrangement: Slips By billing value on each slip. Total of billable time slips $664.18 Total of Fees (Time Charges) $664.18 Total of Costs (Expense Charges) $0.00 Total new charges $664.18 Accounts Receivables DatelID Type Description 3/10/2003 CRED Credit - Receipt #21018, Check #0125 ($700.00) 2170 3/10/2003 INV NOD/NOE Recording Fee Due $36.00 2171 3/10/2003 PAY Payment, Receipt 21018 ($36.00) 2172 Total Accounts Receivable ($700.00) New Balance Current $664.18 Unapplied ($700.00) P • 6/2/2003 Butte County Department of Development Services 11:13 AM Pre -bill Worksheet Page 4 Miller UP 03-12:Bruce & Sue Miller (continued) Total New Balance Amount to replenish account to $700.00 Amount Total $700.00 ($35.82) �f • COUNTY OF BUTTE OROVILLE, CALIFORNIA S Chico Enterprise Record U Attn: Donna P P.O. Box 9 P Chico, CA 95927 L I E R FIELD + NUMBER PURCHASE ORDER 292.604 Issued By DDS/Planning Division Department DATE QNTY INVOICE NUMBER AND -DESCRIPTION AMOUNT CHAF.6E%0=VO.. # 5/19/03 AMOUNT NOTICE OF PUBLIC HEARING 10 440-001-53-V' 2 To be published in the Chico Enterprise Record 3 on Thursday, May 22, 2003. 4 Please furnish this office two copies of the affidavit of 5 Publication. 6 Miller -UP 03 -12 -and Cha la UP 03-08 - I Butte County Planning Lynn - 538-7602 7 County Center Drive Oroville, CA 95965 TOTAL / c—,Q I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or, where authorized, are hereby contracted for and that there is aBudget Appropriation for the same. F 292604 Date: ( epa men ea or u orize epu y Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD SUrrutK NU. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD DEPOSIT REQUEST FOR AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT DEPARTMENT: DEVELOPMENT SERVICES - PLANNING DIVISION DATE: 3/7/2003 REVISED -.11 BAG # 312 By: RECEIPTS: 21016-21022 PREPARED BY: poor, Ext. 6571 .FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT PLANNING APPLICATION FEES GENERAL 0010 440001 4210900 101001 $ 2,750.00 Prosect Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 042-90-098, 099, Chk #11793 Paiva $ 1,000.00 UP 03=12, APN 660 r---210=003 Ctik #0125 Miller "' — -- -$ - 700.00 - - - _ _ ADM 02-11, APN 047-100-136 Chk #4555 _ "' $ 50:00 TPM 03-20, APN 004-490-020 Chk #3246 Holiday Prop(Niderost) $ 1,000.00 LAND DEVELOPMENT GENERAL 0010 440004 4611700 101001 $ 730.00 Protect Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 042-90-098, 099, Chk #11793 Paiva $ 290.00 UP 03-12, APN 060-210-003 Chk #0125 Miller $ 150.00 TPM 03-20, APN 004-490-020 Chk #3246 Holiday Prop(Niderost) $ 290.00 ENVIRONMENTAL HLTH GENERAL 0010 540003 4614901 101001 $ 658.00 Prolect Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 042-90-098, 099, Chk #11793 Paiva $ 241.50 UP 03-12, APN 060-210-003 Chk #0125 Miller $ 185.00 TPM 03-20, APN 004490-020 Chk #3246 Holiday Prop(Niderost) $ 231.50 FIRE PLNG APPL FEE FIRE PROTECTION 0100 4617240 101001 $ 301.00 Prolect Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 042-90-098, 099, Chk #11793 Paiva $ 129.00 UP 03-12, APN 060-210-003 Chk #0125 Miller $ 43.00 TPM 03-20, APN 004490-020 Chk #3246 Holiday Prop(Niderost) $ 129.00 NOD/NOE CLERK'S FILING FEE GENERAL 0010 470001 4612319 101001 $ 108.00 ($36) Prolect Number ( detail information MUST be provided) Amount of Fee TPM 03-19, APN 0_42-90-098, 099, Chk #2618 Sierra West(Paiva) $ 36.00 �UP 03-12,-APN 060-210-003 Chk#0125 Miller: _ . _�' _�=""- _$� y -36.00, __•, TPM 03-20, APN 004-490-020 Chk #3246 Holiday Prop(Niderost) $ 36.00 D.O.T - ALUC PLANNING GENERAL 0010 440001 4617241 101001 $ 300.00 Protect Number ( detail information MUST be provided) Amount of Fee ALUC, APN 048-012-073, Chk 21114 Salvation Army $ 300.00 DOCUMENT/COPY SALES GENERAL 0010 440001 4711910 101001 $ 16.00 TOTAL $ $ 4,863.00 FOR FUNDS RECEIVED ON: 3/6/2003 -' COUNTYOF BLUE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROViLLE, CA RECEIVED FROM PLANNING BAG # 392 DESCRIPTION DEPOSIT DATE: 3-10 RECEIPTS: 21016-21022 FUND TITLE ATR NO DATE FUND DEPT ACCT CASH CODE CODE CODE CODE PLANNBNG APPL FEES GENL 00110 44=1 421MM 901001 Frplei t Number Amount of Fee TPM 03-19 #042-90-098.099 Paiva___— _$1,000 UP 03-9 2 #060-210-003 Miller ADM 02-11 #057-100-063 w $50 TAM n20 #004-490-020 Holidanj Prov $1,000 LAND DEVELOPMENT GENL 0010 4411=4 4611700 1010ti91 'Project Number Amount of Fee TPM 03-19 #042-90-098, 099 Paiva $290 UP 03-12 #00(1-210-003 Miller $150 EWRONMENTAL 14LT H GENL 0010 54MM 4614901 101001 Project Number Amount of Fee TPM 03-19 #042-90-098, 099 Paiva $241.50 UP 03-12 #060-210-003 Miller $185 FIRE PLNG APPL FEE FIDE PROTECT 0100 4617240 101001 PMJect Number Amount of Fee TPM 03-19 #€342-90-098, 099 Paiva $129 UP 03-12 #060-210-003 Miller $43 NODINOE CLERK'S FILING FE GENL 0010 470MI 4612315 110110011 ,($.38) Project Number Amount of Fee TPM 03-1-9-#042-90-098, 499 Paiva UP 63-12 #060-210-003 Miller _$36 $36 DOT ALUC PLANNING Project Number Amount of Fee ALUC #048-012-073 Salvation Army $300 DOCt. MENTICOPY SALES GENL 0010 440MI 47119163. _. 101001 3/10/2003 AMOUNT 2,750.00 71.011 301.00 103:0iD ,. 31�i9.i93i 1 i 1. i 16.E { TOTAL. 4§86000 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER By: wnite•=treasurer pink --auditor canary --depositor golden rod=fale 3'�� Oil - COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OtROVILLE, CA RECEIVED FROM PLANNING BAG * 312 DESCRIPTION FOLD TITLE ATR NO 61767 DATE M012003 FON® DEPT ACCT CASH CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 3401 . RECEIPTS: 21016-21022 PLANNING APPL FEES GENL 0010 440M1 42109M 101001 Project Number Amount of Fee TPNI Q3.19 #042-90-098, 099 Paiva $9.000 UP Q3-12 *Q60 -2i0 -0Q3 Miller $700 ADM 02-11 #Q57-100-003 $50 ' TPM 03-20 #004490-020 Holiday Prop $1,000 LAND DEVELOPMENT GENL 0010 44CM4 4611700 101001 'Project Number Amount of Fee TPM 03-19 #042-90-Q98, 099 Paiva $290 UP 03-12 #080-210-003 Miller $150 EWRONMENTAL I-ILTI-I GENL 00101 .. 4614901 101001 Project Number Amount of Fee TPM 0349 al042-90-098, 099 Paiva $241.50 UP 03-12 #060-210-003 Miller $185 FIRE PLNG APPL FEE FIDE PROTECT 9100 4917240 101001 Project Number Amount of Fee TPM 03-19 #042-90-098, 099 Paiva $129 UP 03-12 # Q%210-003 Miller $43 _ _ I1IODINOE CLERIC'S FILING FE GENL J LtOiili 470MI 4612319 101001 _( ) Project Number Amount of Fee TPM 03-19 #042-90-098, 099 Paiva $36 UP 03-12 #080-210-QQ3 Miller $36 � DOT ALUC PLANNING.___GI=NL - 70010 - 440161` 4517241 101001 Project Number , Amount of Fee ALUC #048-012-073 Satvaton Array $300 DOCUMENTICOPY SALES GENL 0010 440MI 47119101 1OW01 2,750.00 730.00 301.00 102.66 300.00 16-00 TOTAL. $ 4 886100 APPROVED BY: DECEIVED BY: AUDITOR -CONTROLLER TREASURER BY:, BY: white ---treasurer pink—auditor Lamar --depositor golden md=file OFFICIAL RECEIPT COUNTY OF BUTTE STATE Of CALIFORNIA OFFICE OF PLANNING RECEIPT 21018 ISSUED BY BRUCE F MILLER 0125 SUE R MILLER 90-3896/1211 JONES AVE �n f DURHAM, CA 95938 �l DURHAM, ate aytothe er of e. �v n 1 S Or er of 1 2 d se ............. I NO M STATE Fifth 8 Salem P.O. CNOT VALID FOR LESS THAN $500.00 NATIONAL h co A 95927-3235 BANK (5310) 893-1573 For ,�4:i2Ai3891 NP ■■e■■ I? SOun 28,S 31r,,105. �l019 II( "700- 19s, 30' /h 11-I- re-ere DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE NOE/NOD F/G FEE OTHER APPLICANT RECEIVED FROM OFFICIAL RECEIPT COUNTY OF BUTTE STATE Of CALIFORNIA OFFICE OF PLANNING RECEIPT 21018 ISSUED BY BRUCE F MILLER 0125 SUE R MILLER 90-3896/1211 JONES AVE �n f DURHAM, CA 95938 �l DURHAM, ate aytothe er of e. �v n 1 S Or er of 1 2 d se ............. I NO M STATE Fifth 8 Salem P.O. CNOT VALID FOR LESS THAN $500.00 NATIONAL h co A 95927-3235 BANK (5310) 893-1573 For ,�4:i2Ai3891 NP ■■e■■ I? SOun 28,S OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 21018 O1O ISSUED BY / BRUCE F MILLER 125 SUE R MILLER 90-3896/1211 JONES AVE DU �n — � DURHAM, CA 95938 (Datep V lC�, ander Order of �� �V 1` S !)I I y. U q l D b 1 a �---R�-rr� B secaur rooa,o. -IIOIIdIS aciaa>e. oeena as ma. I lem NO STATE Fifth 8 x 323 NOT VALID FOR LESS THAN $500.00 NATIONAL Chiico CA 95927-3235 BANK (530) 893-1573 FOrIYP', -I: 12 1 138 9 6 L1: 0 L 2_511'00800 L 7.50n' 28.5 0 OLS 0 pc .'CPd''ziw 0C)o-a�3 3;(0(05. '3! of IIS � fSo' -700~ _ jBS� �{3 3G�J A/I-I-e7z,S'L6 c'-:' , i (,/lam DATE RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE NOE/NOD F/G FEE OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 21018 O1O ISSUED BY / BRUCE F MILLER 125 SUE R MILLER 90-3896/1211 JONES AVE DU �n — � DURHAM, CA 95938 (Datep V lC�, ander Order of �� �V 1` S !)I I y. U q l D b 1 a �---R�-rr� B secaur rooa,o. -IIOIIdIS aciaa>e. oeena as ma. I lem NO STATE Fifth 8 x 323 NOT VALID FOR LESS THAN $500.00 NATIONAL Chiico CA 95927-3235 BANK (530) 893-1573 FOrIYP', -I: 12 1 138 9 6 L1: 0 L 2_511'00800 L 7.50n' 28.5 0 Alk DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 APPLICANT'S NAME: (If application is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: r 4- (n %i 0 0 C) - - b 3 ADDRESS: STREET, CITY, STATE, & ZIP CODE cl q l5 y FILE NUMBER: (FOR OFFICE USE) TELEPHONE: NAME OF PROPOSED PROJECT (if any) `: 4 ;: •r LOC ON OF PROJECT (Major cross streets and Address, if any) ` x� ?"A GENERAL INFORMATION REQUIRED ONAINER'S NAME: &0cp- TELEPHONE: ADDRESS: j V �� �eZy D (IC, _CITY, STATE `Y1 ZIP CODE��q ( n 1O�G_ /�`Y1 ZONE GENERAL PLAN EXISTING LAND USE I SITE SIZE (in Square Feet or Acres) EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) (b 8 (Check One) (Check One) ❑ PROPERTY 1S OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ❑ REZONE ❑ TENTATIVE PARCEL MAP OUSE PERMIT BUTTE ❑ WAIVER OF PARCEL MAP ❑ COUNTY MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE MAR 0 6 2003 ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE DEVELOPMENT ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT SERVICES ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER PROJECT DESCRIPTION. FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) n OWNER CERTIFICATION I CERTIFY THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE: 3 & �0 SIGNATURE: C KAFORMS\UNIFORM APPLICATION Page I of 2 AGENT AUTHORIZATION TO: Butte County, Department of Development Services: M Phone Number (53d) gg 1- $ Print Name Mailing Address 1 V is hereby authorized to process the application for on my property, identified as Butte County Assessor Parcel Number: APN# O Qo O- 2 S 0 - 0 0 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) Print Name Print Name Signature ignature Architect and/or Engineer: Print Name of Architect/Engineer Mading Address FOR OFFICE USE ONLY Verify: Date Received: -3 (�0� [AP Number(s) ET Owners Authorization [3"'Project Description Phone Number ( - Total Amount Received: ( 1 C4 . oo --D-Legal Description ,"Zoning Requirements -Copies of plot plan Taken by: M NLV- M ( C. ffL-rL '�jAl- Receipt No. PW/LD Plan --700— E.H. CDF q) r NOD/NOE Fees 3 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 III �-A as of �— Make check payable to "Butte County Treasurer". K:\F0RMS',UNI170RM APPLICATION Page 2 of 2 E • COUNTY OF BUTTE— _ ENVIRONMENTALANFORMATION-FORM (To be completed By Project Applicant) Date Filed GENERAL INFORMATION: (� 1. Name and address. of owner, and/or developer, and/orproject sponsor: SmCE!�S&P_ Pyl! � r _ � (� I 2. Address of project: °1533 Jdc1eS C�c %�� qSq q�_ Assessor's Parcel Number: Olo(1- ;)-Sv - OQ :5� 3. Name, address, and telephone number of person to be contacted concerning this project: v 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Existing general plan designation: I (7-1 ✓ 1300 W,0UA/T74-�ry 6. Existing zoning district: VA (. J C.C_tt-SSt FC(: /J 7. How is land currently used? C &r_>, +y S - J oNCSQIL�. CA -(3,,,j owNs-5 A-rSoC _ 8. Proposed use of site (Project for which this form is filed): RQ 0 l a ce rel., `G�a er S�Y�cy CR Project Description: 9. ' Site size: 0, 00 A"C (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: - - Compact: Total: 11. Plans attached: Yes No 12. Proposed development schedule �eYn�� �� 0(� 14- (Sz3 n a}"& d n l� 13 14 Associated projects �- Anticipated incremental or phased development ❑ Butte County Department of Development Services ❑ Planning Division ❑ 9 i Attach description of project containing the following information: 15. If residential, include the number ofu, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 0 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage. of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If p rmits have already been issued, please attach as Exhibit e7c 00na i n e l n Are the following items applicable to the projector its effects? checked yes (attach additional sheets as necessary). YES 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. 23. . Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Discuss below all items ❑ Butte County Department of Development Services ❑ Planning Division ❑ NO W Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to'the best of my knowledge and belief. r'Date_ -- FSignature� e Co NTY MpR 4 6 2403 DES RVIMy K:\Planning\FORMS\Submittal\ENV-INFO.FRM ❑ Butte County Department of Development Services ❑ Planning Division O M_ • USE PERMIT • APPLICATION PACKET CHECKLIST This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. Applicant Planner Ci . ❑ E] A completed, signed, Uniform Application and Environmental Infonnation form. If the application is signed by an agent for the property Yowner an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. 02. ❑ LJ' Payment of the currently required Application Fee and/or Deposit (Any unused portion of the deposit will be returned upon final action, if any remains.) (Planner advises applicant) 3. ❑ Thirty-five(35) copies of plans which shall include a detailed site plan drawn to scale.. All plans shall be drawn on uniform size sheets norg eater than 24" x 36". The finished plans shall be folded to 8 ''/2" x 11 ". The detailed site plan must include: a. ❑ ❑ Name and address of Applicant, Engineer and/or person who prepared the plan b. ❑ ❑ Property lines and lot dimensions c. ❑ ❑ Assessor Parcel Number(s) and the street address. �B UTy F d. El 1:1 Proposed 0 6 2003 Proposed use and/or uses of the property. AR o 6DF 20 NT SERVICES e. ❑ ❑ Proposed landscaping plan, if applicable. 1'. ❑ ❑ Dimensioned locations of existing and proposed improvements on the property (including, but not limited to, buildings, driveways, parking areas, wells, septic tanks and leach fields). ❑ ❑ Distances from any significant natural and constructed features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, to the property lines. IF INSUFFICIENT INFORMATION 1S SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 CJ • I1 . ❑ ❑ Location of all slope banks, ponds, creeks, buttes, sloughs, rock outcroppings, natural drainage courses, irrigation canals and existing vegetation worthy of consideration for preservation, such as oak trees. I. ❑ ❑ Any existing faults or fractures and geologic hazards. j. ❑ ❑ North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1" = 20', with a north arrow preferably oriented to the top of sheet. k. ❑ ❑ All plans must be clear and legible. 4. ❑ ❑ One copy of 8 %i" x 11" transparency reduction of the detailed site plan. 5. ❑ ❑ A vicinity map showing closest major cross streets, zoning and existing land use. After a meeting with a Butte County Planner the following checked items will be required to be submitted at the time of application: (optional) 6. ❑ ❑ One (1) set of colored plans mounted on foam boards, which shall include an illustrative site plan, illustrative building elevations, and any necessary cross-sections. Portions of this requirement may be waived by the Planning Manager. Portions waved ❑ YES ❑ NO 7. ❑ ❑ One (1) full size reproducible sepia for each sheet in the plan set of the detailed site plan. 8. ❑ ❑ Building materials on a sample board, 8 ''/2" X 11 ". 9. ❑ ❑ Detailed site plan including the following: a. ❑ ❑ Building setbacks from the ultimate road right-of-way (front, rear,.sides). b. ❑ ❑ Proposed and existing on-site driveways and/or roads. c., ❑ ❑ Location, height, and materials of walls and fences (sections may be required). d. ❑ ❑ All driveways, drawn to scale, on adjacent and across the street properties within 100 feet of the subject site. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 0 e. ❑ ❑ Existing curbs, gutters, sidewalks and existing paving widths on-site or within 100 feet of the site, on adjacent and across the street properties. F. ❑ ❑ Typical street section(s). g. ❑ ❑ Nearest cross streets on both sides with plus or minus distances from subject site. h. ❑ ❑ Approximate location of all buildings within 100 feet, on adjacent properties. 1. ❑ ❑ Proposed method of sewer and water connection or alternative method of sewage disposal and potable water supply. j. ❑ ❑ Existing and nearest "fire hydrants. I:. ❑ ❑ Access, both pedestrian and vehicular, showing service areas and points of ingress and egress. 1. ❑ ❑ Internal circulation pattern. m. ❑ ❑ Elevation contours, at a minimum per USGS maps. 10. ❑ ❑ Illustrative Site Plan The plan should include a graphic scale and north arrow, all proposed and existing improvements, landscape concepts such as earth mounding and meandering walkways, walls, ground cover, trees, shrubs, shadows, paving and other ele»>ents as may be necessary to illustrate the site plan. (Dimensions may be excluded from this plan.) 11. ❑ ❑ Conceptual Grading Plan Items to be shown include: a . ❑ ❑ Natural areas to be preserved. b. ❑ ❑ Proposed cut and fill areas in contrasting colors of zipatone pattern. c.. ❑ ❑ Existing and proposed contours within 100 feet of project boundaries. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 0 • d. ❑ ❑ Proposed drainage and flood control facilities. e. 0 ❑ Erosion control measures (e.g. - slope landscaping). f. ❑ ❑ Natural drainage. g. ❑ ❑ Elevations and finished contours. h. ❑ ❑ Location of retaining walls, drainage channels and existing structures. I. ❑ ❑ Location, elevation and size of proposed building pads. 1 ? . ❑ ❑ Illustrative Building Elevations Illustrative building elevations showing all sides of existing and proposed buildings and structures. Illustrative building elevations means architectural elevations showing typical materials to be used, trees, landscaping and shadows to give the elevations graphic dimension. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature:. Applicant/Representative Signature: - Planner Receiving Application K:iPlanninc6FORKIMSubmittal\CH ECKLlMUSEPL'-RMLFRM Date '3'T�-q 3 Date: IF INSU FFICI ENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 4 K:\PROJECTS\UPC\MILLER.03- 12\LabelsUP03-12.doc 060050001000 SIERRA PACIFIC IND/JACK FROST P O BOX 496014 REDDING CA 96049 MILLER BRUCE SUE 9451 JONES AVE DURHAM CA 95938 060130003000 WESELOH KAREN TRUSTEE P O BOX 1115 RANCHO SANTA FE CA 92067-1115 PIV,* AlLf SA %\-F 951, 060250003000 JONESVILLE CABIN OWNERS INC P O BOX 1950 ' CHICO CA 95927 060250002000 HOEVER JAMES M 1473 GREAT HERON DR SANTA ROSA CA 95409-4359 060250004000 060230001000 060230015000 BULAKLAKAN LOYLESS JOHN GILMORE JOSEPH D & HEIDI R 1650 BIDWELL AVE 875 EL MONTE AVE 6889 COUNTY RD 9 CHICO CA 95926 CHICO CA 95928 ORLAND CA 95963 060230002000 060230011000 060230012000 MORRIS JIM & MARGARET HART GARLAND & JEANIE H SOSNOFF GEORGE 1655 COOKS WAY 262 PICHOLINE WY BOX 601 . 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L S'r0&0 - b- 6 -I `Z WC-..stL-o �4 1e-, . o ho- ZsO = o 0 6 to - Q #0L0-1 U — . 41 Bruce and Sue Miller, proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit to allow for replacement and expansion of a legal nonconforming dwelling (cabin). The existing cabin will be demolished and replaced with a new, larger cabin. The parcel is zoned "U" (Unclassified) and currently has a General Plan designation of Timber Mountain and is zoned U (Unclassified). The property is located on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch. APN 060-250-003 (MM) (UP 03-12) Mr. Michelena said the applicant requested that this application be withdrawn and staff is asking that the application be denied without prejudice. It was moved by Commissioner Nelson, seconded by Commissioner Leland, and unanimously carried to deny without prejudice the Use Permit, for Bruce and Sue Miller. I ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ AUGUST 14, 2003 ■ PAGE 7 ■ �County 'S'atte ME L A N D O F NATU RAL WEALTH A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 August 14, 2003 Bruce and Sue Miller 9451 Jones Avenue Durham, CA 95938 Re: Use Permit, AP 060-250-003, UP 03-12 Dear Mr. and Mrs. Miller: At the regular meeting of the Butte County Planning Commission held a meeting on August 14, 2003, your request for a Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin, was denied without prejudice. Should you desire to appeal this decision you must do so, in writing, with the appeal fee of $50.00 to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to the expiration of the 10 -day appeal period which is at 5:00 p.m., Monday, August 25, 2003. Should you have any questions regarding this matter, please contact Mark Michelena at this office between 8:00 a.m and 4:00 p.m., Monday through Friday. Sincerely, Lynne chchardson Planning/Administrative Support Services Assistant /lr cc: Land Development Environmental Health CDF Building Division kAfortns\denial.frm August 7, 2003 Bruce and Sue Miller 9451 Jones Avenue Durham, CA 95938 Re: Use Permit, AP 060-250-003, UP 03-12 Dear Mr. and Mrs. Miller: Hutto C L A N D O F NATURAL WEALTH A N D B E A U T Y PLANNING DIVISION . DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 Enclosed is a copy of the Agenda Report concerning your application for a Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch. The public hearing has been continued to August 14, 2003, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Mark Michelena of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant Enc. cc: j:\wpdocs\pc1ts\schedu1e.mrg Memorandum TO: Honorable Chairperson and Commissioners FROM: Mark Michelena, Associate Planner SUBJECT: Bruce and Sue Miller Use Permit (UP 03-12) DATE: August 14, 2003 Attachment: August 1, 2003, Letter of Withdrawal from Bruce and Sue Miller Department of Development Services Planning Division The Use Permit application was originally heard on June 12, 2003, and continued in order to properly notify the other cabin owners on the property. At the June 26, 2003, Planning Commission hearing it was continued again to determine the ownership issue, check to see if application is complete and request additional site information. On August 1, 2003, the applicant requested the application to be withdrawn. According to County Counsel, the application is not considered withdrawn until the hearing body formally denies the applications without prejudice. The following is a summary of the Use Permit application proposed for this property: 1. UP 03-12 (application received March 6, 2003, letter of withdrawal received August 1, 2003) The Use Permit proposes to replace and enlarge a nonconforming dwelling, a seasonal cabin (#21), in the Jonesville Cabin Association. The dwelling is to be enlarged from 468 square feet to 1,641 square feet in size. The area where the proposed addition would be located currently consists of pine trees, grasses and dirt. The current dwelling is served by septic that will be required to be removed and replaced with an approved septic system for the expanded dwelling. Currently water for the dwelling is provided by pumped in spring water. A propane tank would have to be relocated to make room for the addition. The existing septic tank removed and replaced with a new septic tank and two (2) 37.5 foot leach lines per Butte County Environmental Health Department for the proposed expansion. The proposed expansion would not encroach into any required building setback. KAPROJECTS\UKWiller 03-12 SPC Memo -Withdrawal.doc AUG -01-2003 10:59 AM MILLER GLASS INC 530 343 5215 P.01 August 1,2003 9NNO 3ll(18 $ - env U Dear Mark Michelena, 0 , LI: � We wish to withdrawal our permit application for 9533 Jones Creek Road, Jonesville, Ca. Permit #up 03-12. We would also like to thankyou for all your help with this matter. Sincerely, Bruce & Sue Miller BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT —June 12, 2003 Applicant: Bruce & Sue Miller File #: UP 03-12 Request: Use Permit to expand a legal nonconforming dwelling. Existing cabin #21 will be demolished and replaced with Parcel Size: a new, larger cabin. Planner: G.P.: Timber Mountain Zoning: U (Unclassified) APN: 060-250-003 Location: On the west side of Jones Creek Road, approximately one-quarter mile from the STAFF COMMENTS: intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch 90 acres +/- (portion of) Mark Michelena Associate Planner Supervisor District: 5 Attachments: A. Vicinity Map B. General Plan/Zoning Map C. Site Plan Staff recommends approval of this project subject to the findings and conditions. PROJECT DESCRIPTION: The applicant is requesting a Use Permit to replace and enlarge a nonconforming dwelling, a seasonal cabin (#21), in the Jonesville Cabin Association. The dwelling is to be enlarged from 468 square feet to 1,641 square feet in size. The area where the proposed addition would be located currently consists of pine trees, grasses and dirt. The current dwelling is served by septic that will be required to be removed and replaced with an approved septic system for the expanded dwelling. Currently water for the dwelling is provided by pumped in spring water. A propane tank would have to be relocated to make room for the addition. The existing septic tank removed and replaced with a new septic tank and two (2) 37.5 foot leach lines per Butte County . Environmental Health Department for the proposed expansion. The proposed expansion would not encroach into any required building setback. The original dwelling, along with all the other original cabins, was built prior to the requirement of building permits. They were originally constructed as fishing and hunting cabins during the early and mid 1920's. Since that time, the cabins have been sold to individual owners and are part of the Jonesville Cabin Association. A couple of the cabins have been enlarged/replaced ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE I ■ a over the last few years. The dwelling units (cabins) are considered to be a legal, nonconforming. Butte- County Code section 24-35.20 states that no nonconforming use may be expanded or enlarged unless a Use Permit is approved by the Planning Commission. SITE CHARACTERISTICS: The project site is part of the Jonesville Cabin Association, approximately 90 acres, which is developed with forty-seven cabins, a hotel, and a barn. Access to cabin is from a private road off of Humboldt Road. The area is a seasonal use, due to restricted access during the winter months because of snow and the access road not being cleared. The road is closed by the Butte County Public Works from January 1 to March 1, unless there is still snow on the.ground and the date is extended. The road is closed approximately 4.5 south of the Jonesville Cabin Association. The cabin is not located within any required building setback. Vegetation on the site consists of pine trees, grasses, and non-native trees. The project site is surrounded by open land owned by the federal government and camp grounds. Surrounding and nearby parcels are zoned U (Unclassified) and TPZ-160 (Timber Preserve Zone), and range in size from 46 to 650 acres. Jones Creek Road is a very narrow road, but does not have much vehicular traffic. The project site is not located within an airport compatibility zone or within a 100 -year flood zone. ANALYSIS: The replacement and enlargement of the legal nonconforming dwelling unit (cabin) is not expected to create any significant impacts to the area. The nonconforming dwelling unit has been in use for over 80 years and has not created any problems to the area. The proposed replacement and enlargement could result in additional people staying in the dwelling, which would result in an increase in vehicle traffic, noise, sewage generation, and water consumption. These potential impacts are not expected to be significant and would not have an adverse impact to the area. The project site is surrounded by Pine forests and open meadows and the occupants of the site are subject to impacts associated with normal vacation uses, such as noise, dust, and smoke. These impacts already exist and the proposed replacement/expansion to the nonconforming dwelling unit would not create additional impacts. General Plan and Zoning: The General Plan land use designation of the project site is Timber Mountain which lists dwellings as Secondary Uses. The proposed project is located in an area zoned Unclassified for agricultural uses on parcels of ten acres or more in size. The proposal would allow the replacement/expansion of an existing legal nonconforming dwelling unit, which is permitted by issuance of a Use Permit. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 2 ■ For the approval of the Use Permit, the applicant is required to present information, including plans or other information that is sufficient to allow the Planning Commission to make an informed decision. The Planning Commission may grant a Use Permit if: "The proposed uses of property will not impair the integrity and character of the zone in which the land lies, and that the use would not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in -the neighborhood or the general health, welfare, and safety of the residents of the county" (Butte County Code, Section 24- 45.10). Section 24-35.20 of the Butte County Code states that 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. Local Agency Review: The project was reviewed and conditions applied by local agencies. The Butte County Environmental Heath Division requires a permitted waste water disposal system, with approval of the destruction of the old septic tank. They also require an approved source of water for the new structure. The California Department of Forestry requires the development of structures shall comply with the latest California Fire Safe Regulations, and all other applicable State and County codes, ordinances and regulations. They also require building identification and/or address by installed in conformance with Public Resources Code 4290. The Butte County Department of Public Works and the Local Agency Formation Commission had no comments. CEQA ISSUES: The project was reviewed for environmental impacts under the California Environmental Quality Act (CEQA) in accordance with State Law. The following discussion summarizes issues and impacts identified in the Initial Study. These issues resulted from the preparation of an initial study. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 3 0 • 0 Hydrology/Water Quality All wastewater generated by the replacement dwellings on the site would be handled by individual, on-site septic systems. The Butte County Environmental Health Division will require a permitted waste water disposal system and approval of the destruction of the old tank. The current dwelling uses spring water as its water source. The Butte County Environmental Health Division has determined that an approved water source for the replacement and expanded dwelling is required. The majority of dwellings in the Jonesville Cabin Association use spring water. If a well is required, and as more cabins are either replaced or expanded, there could be a small impact to local groundwater levels. But do to the fact these dwellings are seasonal uses, the impact is determined to be less than significant This project would ultimately result in a small increase of new impervious surfaces due to the increase in size of the replacement dwelling. There is a small potential for a minor increase in surface water runoff due to the reduced absorption rate created from the impervious surfaces. The cumulative effects of future enlargement of the existing dwellings within the project site should be closely monitored to ensure no adverse drainage impacts to on-site swales. The proposed project would not alter the existing drainage pattern of the area. No additional grading will occur due to the replacement and expansion of the dwelling. The area of the proposed project is located approximately 300 feet north of Jones Creek and would not result in substantial erosion or siltation on- or off site. Traffic The project will not cause an increase in traffic since only a replacement of one existing dwelling (cabin) is proposed. Also, the area is primarily a seasonal use, due to restricted access during the winter months because of snow and the access road not being cleared. The road is closed by the Butte County Public Works from January 1 to March 1, unless there is still snow on the ground and the date is extended. The road is closed approximately 4.5 south of the Jonesville Cabin Association. Cultural According to Butte County constraints mapping, the project site is located in an area considered to have a high archaeological sensitivity. This mapping is general in nature and basis the probability of archaeological significance on the physical characteristics and history of different areas of the County. The location of the project is in an area that may have potential for historical or cultural resources. Often such sites are found in foothill areas, rock outcroppings, or areas overlooking deer migratory corridors. Even though the site does not contain the physical features normally associated with high archaeological sensitivity, the proposed dwelling replacement has the potential for undiscovered archaeological resources to be uncovered during excavation activities. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 4 ■ • To mitigate the potential impact, the Planning Division would require that all construction activities cease in such an instance. Ground disturbance would not resume until clearance is provided by a qualified archaeologist. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did identify the area to have a high archeological sensitivity; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study, Mitigated Negative Declaration, Agenda Report and any comments received, there is no substantial evidence that the Use Permit for Bruce and Sue Miller, Planning Division File No. UP 03-12, will have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, as detailed in the Agenda Report dated June 12, 2003. II. Adopt a "de minimis" exemption regarding impact to fish and wildlife or their habitat. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. The project site is not known to contain any species identified as a candidate, sensitive, or special statusspecies in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protecting biological resources; or conflict with the provisions of an adopted Habitat Conservation Plan. III. Approve Use Permit 03-12 for Bruce & Sue Miller, subject to the following findings and the conditions in Exhibit "A": 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 5 0 0 0 A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated as Timber Mountain. The Timber Mountain land use designation allows dwellings uses as Secondary Uses. The Butte County Zoning Ordinance allows the expansion of a nonconforming use upon approval of a Use Permit. B. The location, size, design., and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: Harmony in scale, bulk, coverage, and density: Although the replacement/expansion is larger than current dwellings, the overall scale, bulk, coverage, and density will not have a significantly adverse affect on the area or be detrimental to surrounding dwellings. 2. The availability of public facilities, services and utilities The replacement/expansion to the nonconforming dwelling unit would not create a need for new public facilities, services, and utilities because telephone and electrical services already extend to the project parcel. The Butte County Fire Department requires compliance with standard California Fire Safe Regulations, Public Resources Code 4290. 3. The harmful effect, if any, upon desirable neighborhood character: The replacement/expansion to the existing nonconforming dwelling would be a change from the existing style original cabins, but it would be an improved change for the older, rundown dwellings of the Jonesville Cabin Association. 4. The suitability of the site for the type and intensity of use or proposed development: The site is suited for the project because the property is of a sufficient size to contain the modified nonconforming replacement/expansion of the dwelling unit, because the property does not contain any physical constraints that would impact the dwelling. ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 6 ■ 0 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed replacementlexpansion of the dwelling unit application to County agencies and has received responses that indicated there is no evidence that the use, with appropriate conditions, would cause any other relevant planning -related impact. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The replacement/expansion of the nonconforming dwelling unit 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 because: The nonconforming dwelling unit has been on the property for over 70 years and has not caused any significant impacts to adjoining properties. The adjoining parcels have not significantly impacted the users of the nonconforming dwelling units. k:\projects\upc\miller\Miller UP PC Agenda Report.doc ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 7 ■ 0 USE PERMIT BUTTE COUNTY PLANNING COMMISSION 0 DATE: (Certified Mail Rec.) UP 03-12 PERMIT NO. 060-250-003 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Bruce and Sue Miller are hereby granted a Use Permit to replace/expand a legal nonconforming dwelling (Cabin #21), located at 9533 Jones Creek Road, Forest Ranch, which is part of the Jonesville Cabin Association, from 468 square feet to 1641 square feet on APN 060-250-003, subject to the following conditions: 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one-year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or State regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 8 0 0 • pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: Building permits are required. Prepare three (3) sets of construction plans and make an application for permit. Construction shall comply with federal, state, and local regulations. Plans shall be prepared, sealed, and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. 2. Development fees for the proposed residential* or non-residential improvements shall be paid prior to the issuance of building permits. The fees shall be those in effect at time of application, and shall include, but not be limited to, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection Fees. 3. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 4. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. Environmental Health Division 5. Prior to issuance of a building permit, apply and obtain a permit to install sewage disposal system for proposed remodel. 6. Under County approval, remove old septic tank serving the dwelling unit (Cabin #21). 7. There must be an approved source of water for the new structure. ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 9 0 r 9 Butte County Fire Department/CDF 8. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 9. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. County Counsel 10. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Land Development Division Environmental Health Division Animal Control Division Fire Department/CDF, Assessor 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 10 ■ 'e. DATE TO 0 46 AUTOMATIC COVER SHEET AUG -01-2003 FAX U: 53E7785 FROM MILLER GLASS FAX U: 530 343 5215 10 :5S AM INE 2 PAGES WERE EENT (INCLUDING THIS COVER SHEET) P. ®2 June 24, 2003 Via Facsimile Transmission & U.S. Mail:. Commissioners Butte County Planning. Commission 7.County Center Drive Oroville, CA 95965 Attn: Lynn Richardson Re: June 26, 2003 Continued Hearing on Use Permit For Bruce and Sue Miller Dear Ladies and Gentlemen: (530) 538-7785 This office, represents Jonesville Cabin Owners, Inc , a,Californla.c6rpQraticin which is the owner of the property upon. which, an application for a Use* Permit has. been filed by Bruce and Sue Miller. We understand that. the hearing on that Use Permit application has been continued to June 26, 2003.' Our client objects 'to the issuance of this Use Permit on the following basis: 1. Bruce and Sue Miller are not the owners of the property and are not, at this time, authorized to make application for a Use Permit on behalf of the owner of the property Jonesville Cabin Owners, Inc. By way of background, Jonesville Property Owners Association (the "Corporation") became the fee owner of approximately 115 acres of real property in 1993. The previous owner of the property had allowed approximately 47 cabins to be built on the property pursuant to various license arrangements. The current owners of cabins situated on the property are shareholders in the Corporation and are issued a use permit by the Corporation to use a portion of the property for the location and maintenance . of structures and. improvements on. a portion of the. property_ : The, Corporation's use. permit requires thepermtfee.to comply fully with and. be. bound by all. restrictions contained' in the. Articles , of Incorporation,_ Bylaws and CC&R's of the corporation. Section 7.12 of the CC&R's provides in `part: "No new. construction .of improvements shall be permitted upon the property without the consent of the Board." • BUTTE LAW OFFICES COUNTY STEWART HUMPHERYS BURCHETT & MOLIN, LLP JUN 2 6 2003 DEVELOPMENT 530-891-6111 SERVICES RONALD E. STEWART- Chico Lav Center KEITH S. HUM PHERI'$ ALAN E. BURCHETT Far: 530-894-2103 RICHARD J. MOLIN w%vw.chicolaw.com DAVID R.H, FFITH Firm e-mail: Shbm@chicolaw.com RICHARD H. DA DALRITIPLE III *Alember-American Board of Trial Advocates June 24, 2003 Via Facsimile Transmission & U.S. Mail:. Commissioners Butte County Planning. Commission 7.County Center Drive Oroville, CA 95965 Attn: Lynn Richardson Re: June 26, 2003 Continued Hearing on Use Permit For Bruce and Sue Miller Dear Ladies and Gentlemen: (530) 538-7785 This office, represents Jonesville Cabin Owners, Inc , a,Californla.c6rpQraticin which is the owner of the property upon. which, an application for a Use* Permit has. been filed by Bruce and Sue Miller. We understand that. the hearing on that Use Permit application has been continued to June 26, 2003.' Our client objects 'to the issuance of this Use Permit on the following basis: 1. Bruce and Sue Miller are not the owners of the property and are not, at this time, authorized to make application for a Use Permit on behalf of the owner of the property Jonesville Cabin Owners, Inc. By way of background, Jonesville Property Owners Association (the "Corporation") became the fee owner of approximately 115 acres of real property in 1993. The previous owner of the property had allowed approximately 47 cabins to be built on the property pursuant to various license arrangements. The current owners of cabins situated on the property are shareholders in the Corporation and are issued a use permit by the Corporation to use a portion of the property for the location and maintenance . of structures and. improvements on. a portion of the. property_ : The, Corporation's use. permit requires thepermtfee.to comply fully with and. be. bound by all. restrictions contained' in the. Articles , of Incorporation,_ Bylaws and CC&R's of the corporation. Section 7.12 of the CC&R's provides in `part: "No new. construction .of improvements shall be permitted upon the property without the consent of the Board." sti June 24, 2003 • • Re: Use Permit for Bruce and Sue Miller Page 2 The Millers did obtain approval from the Board of Directors for certain modifications to the structure which they own on a portion of property owned by the Corporation, but the Board of Directors of the Corporation has not approved the construction described in the application filed by the Millers which is the subject of the scheduled hearing. Accordingly, Jonesville Cabin Owners, Inc., as the owner of the property objects to the granting of the requested Use Permit. 2. Additionally, Jonesville Cabin Owners, Inc. did not authorize the filing of an application for a use permit and objects to the suggestion that there is a requirement that a Use Permit be obtained in connection with the construction of improvements to its property. Such has not been required in the past and should not be required in the future. AEB:cav cc: Jonesville Cabin Owners, Inc., c/o Daniel V. Blackstock, Esq. Jonesville Cabin Owners, Inc., Attn: Steve Crowson, President Jonesville Cabin Owners, Inc., Attn: Erma Orrendorf, Treasurer Bruce and Sue Miller PrnFPscinnal Plaza 119.0 C.nhacsPt Rd. C711tP 6 C'hirn CA 95971 MAihno,Ar1drp.CS! PO Rnv 720 C'hirn CIA 95927.079.0 i) 06-/24/03 14:36 $530 894 2103 SHB&M ATTORNEYS • LAW OFFICES • STEWART HUMPHERYS BURCHETT & MOLIN, LLP RONAIA) F. STF,IWART- KEITH S. HUMPHERYS ALAN R. OURCHETT RICHARD). MOL1N DAVID R. CRIPPITH RICHARD H. DALRYMPLYIII -Irt..-ha.A.-..ia-, R -...I OfTsivi Aa. 1. 530-891-6111 June 24, 2003 Via Facsimile Transmission & U.S. Mail: Commissioners Butte County Planning Commission 7 County Center Drive Oroville, CA 95965 Attn: Lynn .Richardson Re: June 26, 2003 Continued Hearing on Use )Permit For Bruce and Sue Miller Dear Ladies and Gentlemen: 10001/002 Chko 4w Ccntat Fax: 530-894-2103 WWW *C-hiC0IR W.Co,rI Firm a-mat7: ahbm@chicolRw.com (530) 536-7785 CO�� TY JUN 15 2003 D SE VICES This office represents Jonesville Cabin Owners, Inc., a California corporation which is the owner of the property upon which an application for a Use Permit has been filed by Bruce and Sue Miller. We understand that the hearing on that Use Permit application has been continued to June 26, 2003. Our client objects to the issuance of this Use Permit on the following basis: I. Bruce and Sue Miller are not the owners of the property and are not, at this time, authorized to make application for a Use Permit on behalf of the owner of the property Jonesville Cabin Owners, Inc. By way of background, Jonesville. Property Owners Association (the "Corporation") became the fee owner of approximately 115 acres of real property in 1993. The previous owner of the property had allowed approximately 47 cabins to be built on the property pursuant to various license arrangements. The current owners of cabins situated on the property are shareholders in the Corporation and are issued a use permit by the Corporation to use a portion of the property for the location and maintenance of structures and improvements on a portion of the property. The Corporation's use permit requires the permittee to comply fully with and be bound by all restrictions contained in the Articles of Incorporation, Bylaws and CC&R's of the corporation. Section 7.12 of the CC&R's provides in part: "No new construction of improvements shall be permitted upon the property without the consent of the Board." 08/24/03 14:38 '0530 894 2103 SHB&M ATTORNEYS 2002/002 V June 24, 2003 Re: Use Pernut for Bruce and Sue Miller Page 2 • The Millers did obtain approval from the Board of Directors for certain modifications to the structure which they own on a portion of property owned by the Corporation, but the Board of Directors of the Corporation has not approved the construction described in the application filed by the Millers which is the subject of the scheduled hearing. Accordingly, Jonesville Cabin Owners, Inc., as the owner of the property objects to the granting of the requested Use Permit_ 2. Additionally, Jonesville Cabin Owners, Inc. did not authorize `the filing of an application for a use permit and objects to the suggestion that there is a requirement that a Use Permit be obtained in connection with the construction of improvements to its property. Such has not been required in the past and should not be required in the future. AEB:cav LY: Jonesville Cabin Owners, tnc., c/o Daniel V. Blackstock, Esq. Jonesville Cabin owners, Inc- Attn: Steve Crowson, President Jonesville Cabin Owners, Inc., Attn: Ema OrrendorE, Treasurer Bruce and Sue Miller PmfPsein�a lava X171 ( nhoesnr Rrt CigirP C rgirn f A 95n7; MuT+no Artd.r.oLc• P()Rn 775 nnirn r 05477-n770 Butte County Planning Commission - Amendment of Butte County Cede Section 24-•v7 (Non -conforming uses) (item d.-t.ermined to be Categor-ically E::empt from environmental revir:w) clarifying definitions, continued use of non -confirming s, sc::)eLi"Lt`i.n of rer::ident iLAI non-eonforminr) tinvs fin - lulling m::bi IF' hones) , ab .ndoriment, rest oratrrnr, r.. intenancA arc :pairs of r.er!--cc;nforming user, !•ffr•r-t of nne• ur rnr;:} et..:., on pr..ious'_y issr_r�d brtilrJrnr� )�r.rmii i� u•>,.e p!ern:ts 01•fect_ or r:on-eon'orming parcel-., and c•dcing pravit:cr, fcr e::par!_;icn of non-conformirn) rr -r-s by rh.`:tir.ing it usc• pernit. c;C •:� !'r•[! Lh_,t thewzv; ) -• C!'1 min �: -y to allo•:r fur e::peur:;r•,n .and t:o L.J...... _ .. ,1'._� G1�_.._._.� t!._ f'i_l.:?r:�Lr-...JtiGn ii• flL1:! r�r• '' :' •;troyod t_ •!. nr.r^ cr.::".::':.1. Fitr? r.>,r:m:n:n..'.�.7 nu limitaL'iow if being C!::Co, Vc.11ey Cor.structior. Exchange, discussed r: ..•d re•e, :.r:-:nrj Approval. th_:t he had to exp-ind to stay 7!-•: , . - :. (jt:: -=.I: i .7 th= t : r-= i n. 2S i r t! : s was approved. ^! }r ti:i _ t:.: .� = f•::r::ard t:. the Board and if approved it 4r7.- 'he dato of _ipproval . t:ar.-'ir:ed to the Commission and }_rc l !"c::..._ ___,ter Avis qL..:.tirr. d the tlr,nl: spaces in the draft ordinance. H- wi!,!;-.pprovin, so:��`.hing that would not conform to th=.t tt.._ trr.t-,l r' bo with pre-existing uses. r r'.v i c. r r•. r. :.. .is.: the f r: l l oa:i ng changres to the ordinance, (!:?l 1t e• i i c'. e a:�:.' .t:id Sect i on 4-47; page 4 dal et ":r : ,! 9 --.rid t. -.i "i s obtained" on lino 9; change line lir to r•^-' "or r!r::trn;ter:, tc•'.t'i; c: ir. p. rt, n.ay be restored to a"• page 5 p t. ..: Cr:propr:i1 t::! _miction numbers on lines 11 and Tt by Cur^:.:.: .: rrr.•>.r Ari s, iL,eConc!-2J by Commissioner Vercruse t•: '-- •.-nrer' app;- )•:::: thi5 ord.n.:nce frith the .ihove stated changes. F1'r� Commissioner Avis, Vercruse, Behunin, Lambert, and Chairman F_hrader. V e o VJAAW"y ryd` s d� 14V v, ye., 0 4-lam►, 14A r ►1 V L V%4AA5 64 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — June 12, 2003 Applicant: Bruce & Sue Miller intersection of Humboldt Road and Shake Mill Road, File #: UP 03-12 and 260 feet southeast of Humboldt Road, at 9533 Request: Use Permit to expand a legal Jones Creek Road, Forest nonconforming dwelling. Ranch Existing cabin #21 will be demolished and replaced with Parcel Size: 90 acres +/- (portion of) a new, larger cabin. Planner: Mark Michelena G.P.: Timber Mountain Associate Planner. Zoning: U (Unclassified) Supervisor District: 5 APN: 060-250-003 Attachments: Location: 'On the west side of Jones A. Vicinity Map Creek Road, approximately B. General Plan/Zoning Map one-quarter mile from the C. Site Plan STAFF COMMENTS: Staff recommends approval of this project subject to the findings and conditions. PROJECT DESCRIPTION: The applicant is requesting a Use Permit to replace and enlarge a nonconforming dwelling, a seasonal cabin (#21), in the Jonesville Cabin Association. The dwelling is to be enlarged from 468 square feet to 1,641 square feet in size. The area where the proposed addition would be located currently consists of pine trees, grasses and dirt. The current dwelling is served by septic that will be required to be removed and replaced with an approved septic system for the expanded dwelling. Currently water for the dwelling is provided by pumped in spring water. A propane tank would have to be relocated to make room for the addition. The existing septic tank removed and replaced with a new septic tank and two (2) 37.5 foot leach lines per Butte County Environmental Health Department for the proposed expansion. The proposed expansion would not encroach into any required building setback. The original dwelling, along with all the other original cabins, was built prior to the requirement of building permits. They were originally constructed as fishing and hunting cabins during the early and mid 1920's. Since that time, the cabins have been sold to individual owners and are part of the Jonesville Cabin Association. A couple of the cabins have been enlarged/replaced ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 1 0 • 0. over the last few years. The dwelling units (cabins) are considered to be a legal, nonconforming. Butte County Code section 24-35.20 states that no nonconforming use may be expanded or enlarged unless a Use Permit is approved by the Planning Commission. SITE CHARACTERISTICS: The project site is part of the Jonesville Cabin Association, approximately 90 acres, which is developed with forty-seven cabins, a hotel, and a barn. Access to cabin is from a private road off of Humboldt Road. The area is a seasonal use, due to restricted access during the winter months because of snow and the access road not being cleared. The road is closed by the Butte County Public Works from January 1 to March 1, unless there is still snow on the ground and the date is extended. The road is closed approximately 4.5 south of the Jonesville Cabin Association. The cabin is not located within any required building setback. Vegetation on the site consists of pine trees, grasses, and non-native trees.. The project site is surrounded by open land owned by the federal government and camp grounds. Surrounding and nearby parcels are zoned U (Unclassified) and TPZ-160 (Timber Preserve Zone), and range in size from 46 to 650 acres. Jones Creek Road is a very narrow road, but does not have much vehicular traffic. The project site is not located within an airport compatibility zone or within a 100 -year flood zone. ANALYSIS: The replacement and enlargement of the legal nonconforming dwelling unit (cabin) is not expected to create any significant impacts to the area. The nonconforming dwelling unit has been in use for over 80 years and has not created any problems to the area. The proposed replacement and enlargement could result in additional people staying in the dwelling, which would result in an increase in vehicle traffic, noise, sewage generation, and water consumption. These potential impacts are not expected to be significant and would not have an adverse impact to the area. The project site is surrounded by Pine forests and open meadows and the occupants of the site are subject to impacts associated with normal vacation uses, such as noise, dust, and smoke. These impacts already exist and the proposed replacement/expansion to the nonconforming dwelling unit would not create additional impacts. General Plan and Zoning: The General Plan land use designation of the project site is Timber Mountain which lists dwellings as Secondary Uses. The proposed project is located in an area zoned Unclassified for agricultural uses on parcels of ten acres or. more in size. The proposal would allow the replacement/expansion of an existing legal nonconforming dwelling unit, which is permitted by issuance of a Use Permit. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 2 0 For the approval of the Use Permit, the applicant is required to present information, including plans or other information that is sufficient to allow the Planning Commission to make an informed decision. The Planning Commission may grant a Use Permit if: "The proposed uses of property will not impair the integrity and character of the zone in which the land lies, and that the use would not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or the general health, welfare, and safety of the residents of the county" (Butte County Code, Section 24- 45.10). Section 24-35.20 of the Butte County Code states that 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 tern-iination of the use or review of the Use Permit. Local Agency Review: The project was reviewed and conditions applied by local agencies. The Butte County Environmental Heath Division requires a permitted waste water disposal system, with approval of the destruction of the old septic tank. They also require an approved source of water for the new structure. The California Department of Forestry requires the development of structures shall comply with the latest California Fire Safe Regulations, and all other applicable State and County codes, ordinances and regulations. They also require building identification and/or address by installed in conformance with Public Resources Code 4290. The Butte County Department of Public Works and the Local Agency Formation Commission had no comments. CEQA ISSUES: The project was reviewed for environmental impacts under the California Environmental Quality Act (CEQA) in accordance with State Law. The following discussion summarizes issues and impacts identified in the Initial Study. These issues resulted from the preparation of an initial study. 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 3 0 Hydrology/Water Quality All wastewater generated .by the replacement dwellings on the site would be handled' by individual, on-site septic systems. The Butte County Environmental Health Division will require a permitted waste water disposal system and approval of the destruction of the old tank. The current dwelling uses spring water as its water source. The Butte County Environmental Health Division has determined that an approved water source for the replacement and expanded dwelling is required. The majority of dwellings in the Jonesville Cabin Association use spring water. If a well is required, and as more cabins are either replaced or expanded, there could be a small impact to local groundwater levels. But do to the fact these dwellings are seasonal uses, the impact is determined to be less than significant This project would ultimately result in a small increase of new impervious surfaces due to the increase in size of the replacement dwelling. There is a small potential for a minor increase in surface water runoff due to the reduced absorption rate created from the impervious surfaces. The cumulative effects of future enlargement of the existing dwellings within the project site should be closely monitored to ensure no adverse drainage impacts to on-site swales. The proposed project would not alter the existing drainage pattern of the area. No additional grading will occur due to the replacement and expansion of the dwelling. The area of the proposed project is located approximately 300 feet north of Jones Creek and would not result in substantial erosion or siltation on- or off site. Traffic The project will not cause an increase in traffic since only a replacement of one existing dwelling (cabin) is proposed. Also, the area is primarily a seasonal use, due to restricted access during the winter months because of snow and the access road not being cleared. The road is closed by the Butte County Public Works from January 1 to March 1, unless there is still snow on the ground and the date is extended. The road is closed approximately 4.5 south of the Jonesville Cabin Association. Cultural According to Butte County constraints mapping, the project site is located in an area considered to have a high archaeological sensitivity. This mapping is general in nature and basis the probability of archaeological significance on the physical characteristics and history of different areas of the County. The location of the project is in an area that may have potential for historical or cultural resources. Often such sites are found in foothill areas, rock outcroppings, or areas overlooking deer migratory corridors. Even though the site does not contain the physical features normally associated with high archaeological sensitivity, the proposed dwelling replacement has the potential for undiscovered archaeological resources to be uncovered during excavation activities. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 4 0 To mitigate the potential impact, the Planning Division would require that all construction activities cease in such an instance. Ground disturbance would not resume until clearance is provided by a qualified archaeologist. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality - Act. Said study did identify the area to have a high archeological sensitivity; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study, Mitigated Negative Declaration, Agenda Report and any comments received, there is no substantial evidence that the Use Permit for Bruce and Sue Miller, Planning Division File No. UP 03-12, will have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, as detailed in the Agenda Report dated June 12, 2003. II. Adopt a "de minimis" exemption regarding impact to fish and wildlife or their habitat. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native. resident or migratory fish or wildlife species; conflict with any local policies or ordinances protecting biological resources; or conflict with the provisions of an adopted Habitat Conservation Plan. III. Approve Use Permit 03-12 for Bruce & Sue Miller, subject to the following findings and the conditions in Exhibit "A": ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 5 ■ A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated as Timber Mountain. The Timber Mountain land use designation allows dwellings uses as Secondary Uses. The Butte County Zoning Ordinance allows the expansion of a nonconforming use upon approval of a Use Permit. B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: Although the replacement expansion is larger than current dwellings, the overall scale, bulk, coverage, and density will not have a significantly adverse affect on the area or be detrimental to surrounding dwellings. 2. The availability of public facilities, services and utilities The replacement/expansion to the nonconforming dwelling unit would not create a need for new public facilities, services, and utilities because telephone and electrical services'already extend to the project parcel. The Butte County Fire Department requires compliance with standard California Fire Safe Regulations, Public Resources Code 4290. 3. The harmful effect, if any, upon desirable neighborhood character: The replacement/expansion to the existing nonconforming dwelling would be a change from the existing style original cabins, but it would be an improved change for the older, rundown dwellings of the Jonesville Cabin Association. 4. The suitability of the site for the type and intensity of use or proposed development: The site is suited for the project because the property is of a sufficient size to contain the modified nonconforming. replacement/expansion of the dwelling unit, because the property does not' contain any physical constraints that would impact the dwelling. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 6 ■ 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed replacementlexpansion of the dwelling unit application to County agencies and has received responses that indicated there is no evidence that the use, with appropriate conditions, would cause any other relevant planning -related impact. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would. not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in :the vicinity. D. The replacement/expansion of the nonconforming dwelling unit 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 because: The nonconforming dwelling unit has been on the property for over 70 years and has not caused any significant impacts to adjoining properties. The adjoining parcels have not significantly impacted the users of the nonconforming dwelling units. k:\projects\upc\miller\Miller UP PC Agenda Report.doc ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 7 0 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 03-12 PERMIT NO. 060-250-003 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Bruce and Sue Miller are hereby granted a Use Permit to replace/expand a legal nonconforming dwelling (Cabin #21), located at 9533 Jones Creek Road, Forest Ranch, which is part of the Jonesville Cabin Association, from 468 square feet to 1641 square feet on APN 060-250-003, subject to the following conditions: Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one-year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or State regulations require time limits which exceed one .year. Upon application, and for good cause by the Permittee, at a public hearing ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 8 0 pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services, to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. Building permits are required. Prepare three (3) sets of construction plans and make an application for permit. Construction shall comply with federal, state, and local regulations. Plans shall be prepared, sealed, and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. 2. Development fees for the proposed residential or non-residential improvements shall be paid prior to the issuance of building permits. The fees shall be those in effect at time of application, and shall include, but not be limited to, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection Fees. 3. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 4. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. Environmental Health Division 5. Prior to issuance of a building permit, apply and obtain a permit to install sewage disposal system for proposed remodel. 6. Under County approval, remove old septic tank serving the dwelling unit (Cabin #21). 7. There must be an approved source of water for the new structure. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 9 0 Butte County Fire Department/CDF 8. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 9. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. County Counsel 10. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Land Development Division Environmental Health Division Animal Control Division Fire Department/CDF, Assessor 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 10 0 Vicinity Map Cxd J1 f LMMMM Project Location mewows dAll PhAbrwk Reserv* Cl UP 03-12 060-2 03 t r utte 0, �pr+�.�-•.: 1, -. ..._ LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION '•' DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 June 26, 2003 Bruce and Sue Miller 9451 Jones Avenue Durham, CA 95938 Re: Use Permit, AP 060-250-003, UP 03-12 Dear Mr. and Mrs. Miller: At the regular meeting of the Butte County Planning Commission held June 26, 2003, the public hearing was continued open to August 14, 2003, at 9:00 a.m. to consider your application for a Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Mark Michelena at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant /lr cc: Ofomi skonti n u e. fmi wl� 08/24/03 14:38 '$330 894 2103 SHB&M ATTORNEYS LAW OFFICES STEWAR`><' HUMPHERYS BURCHETT & MOLIN 'LLP RONAIA) F. STF.RiART- KSITH S. HUMPHERYS ALAN S. 8URCHITT RICHARD J). MOLIN DAVID R. CRI6PITH RICHARD M. DALKYWLS 111 rMrmh.r-Mnrricu. 8-4 dIT" AAvur Id 830-891-6111 June 24, 2003 Via Facsimile Transmission & U.S. Mail. Commissioners Butte County Planning Commission 7 County Center Drive Oroville, CA 95965 Attn: Lynn Richardson Re: June 26, 2003 Continued Hearing on Use Permit For Bruce and Sue Miller Dear Ladies and Gentlemen: Q001/002 Chico Law CCntur. Fax: 53OM44103 wuvw.chicolnw.ce,sn Firm e-mail: shbm a,,chicohtw.aom (530) 538-7785 BU TV JUN 15 2003 D SE VICES This office represents Jonesville Cabin Owners, Inc., a California corporation which is the owner of the property upon which an application for a Use Permit has been filed by Bruce and Sue Miller. We understand that the hearing on that Use Permit application has been continued to June 26, 2003. Our client objects to the issuance of this Use Permit on the following basis: 1. Bruce and Sue Miller are not the owners of the property and are not, at this time, authorized to make application for a Use Permit on behalf of the owner of the property Jonesville Cabin Owners, Inc. By way of background, Jonesville Property Owners Association (the "Corporation") became the fee owner of approximately 115 acres of real property in 1993. The previous owner of the property had allowed approximately 47 cabins to be built on the property pursuant to various license arrangements. The current owners of cabins situated on the property are shareholders in the Corporation and are issued a use permit by the Corporation to use a portion of the property for the location and maintenance of structures and improvements on a portion of the property. The Corporation's use permit requires the permittee to comply fully with and be bound by all restrictions contained in the Articles of Incorporation, Bylaws and CC&R's of the corporation. Section 7.12 of the CC&R's provides in part: "No new construction of improvements shall be permitted upon the property without the consent of the Board." 08/24/03 14:36 0530 894 2103 SHR&M ATTORNEYS 01002/002 ,lune 24, 2003 Rc: Use Pennit for Bruce and Sue Milts Page 2 tThe Millers did obtain approval from the Board of Directors for certain modifications to f the structure which they own on a portion of property owned by the Corporation, but the Board of Directors of the Corporation has not approved the construction described in the application filed by the Millers which is the subject of the scheduled hearing. Accordingly, Jonesville Cabin Owners, Inc., as the owner of the property objects to the granting of the requested Use Permit. 2. Additionally, Jonesville Cabin Owners, Inc. did not authorize the filing of an application for a use permit and objects to the suggestion that there is a requirement that a Use Permit be obtained in connection with the construction of improvements to its property. Such has not been required in the past and should not be required in the future. AL•B:cav M Jonesville Cabin Owners, Inc., c/o Daniel V. Blackstock, Esq. Jonesville Cabin Owners, Inc- Attn: Steve Crowson, President Jonesville Cabin Owners, Inc., Attn: Erma Orrendod Treasures Bruce and Sue Miller irrnfPasin�a la�o 'i1 !1 f nh,ecrr Rr+ S,,ivP A rhirn rA geMT; M. i1ino AAArocc• PO RAY 775 ('hien r A QS(07-0710 trite 0 FA L A N D O F NATURAL WEALTH AND BEAUTY z PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 June 12, 2003 Bruce and Sue Miller 9451 Jones Avenue Durham, CA 95938 Re: Use Permit, AP 060-250-003, UP 03-12 Dear Mr. and Mrs. Miller: At the regular meeting of the Butte County Planning Commission held June 12, 2003, the public hearing was continued open to June 26, 2003, at 9:00 a.m. to consider your application for a Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Mark Michelena at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson. Planning/Administrative Support Services Assistant Ar t cc: Bformskonti nue. fnn D June 9, 2003 sutte Count L A N D O F NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 REVISED BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on June 12, 2003, and will be continued to June 26, 2003, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, at 9:00 a.m. regarding the following item: In accordance with the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the following project: MITIGATED NEGATIVE DECLARATION/ USE PERMIT A. Bruce and Sue Miller, Use Permit to allow for replacement and expansion of a legal nonconforming dwelling (cabin). The existing cabin will be demolished and replaced with ,a new—larger larger cabin. The parcel is zoned "U" (Unclassified) .and currently has a General Plan designation of Timber Mountain and is zoned U (Unclassified). The property is located on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch. APN 060-250-003 (MM) (UP 03-12) The initial study for the project identifies potentially significant effects, but revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects or mitigate the -effects to a point where clearly no significant effects would occur. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. The Initial Study and Proposed Mitigated Negative Declaration for this project are on file for public review starting, May 22, 2003, through June 11, 2003, at the Butte County Planning Division, 7 County Center Drive, Oroville, California and the Butte County Chico Library, 1108 Sherman Avenue, Chico, California. All interested persons are invited to review the document. Written comments will be accepted by the Planning Division at the above address. If you challenge either the Mitigated Negative Declaration or the Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior to, the public hearing. For further information regarding this project, please contact Mark Markelena, project planner, at the Butte County Planning Division at (530) 538-7376. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES REVISED BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on June 12, 2003, and will be continued to June 26 2003 in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, at 9:00 a.m. regarding the following item: In accordance with the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the following project: MITIGATED NEGATIVE DECLARATION/ USE PERMIT A. Bruce and Sue Miller, Use Permit to allow for replacement and expansion of a legal nonconforming dwelling (cabin). The existing cabin will be demolished and replaced with a new, larger cabin. The parcel is zoned "U" (Unclassified) and currently has a General Plan designation of Timber Mountain and is zoned U (Unclassified). The property is located on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch. APN 060-250-003 (MM) (UP 03-12) The initial study for the project identifies potentially significant effects, but revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. The Initial Study and Proposed Mitigated Negative Declaration for this project are on file for public review starting, May 22, 2003, through June 11, 2003, at the Butte County Planning Division, 7 County Center Drive, Oroville, California and the Butte County Chico Library, 1108 Sherman Avenue, Chico, California. All interested persons are invited to review the document. Written comments will be accepted by the Planning Division at the above address. If you challenge either the Mitigated Negative Declaration or the Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior to, the public hearing. For further information regarding this project, please contact Mark Markelena, project planner, at the Butte County Planning Division at (530) 538-7376. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES Bruce and Sue Miller 9451 Jones Avenue Durham, CA 95938 Re: Use Permit, AP 060-250-003, UP 03-12 Dear Mr. and Mrs. Miller:: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for June 12, 2003, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Mark Michelena of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant Enc. cc: j:\wpdocs\pclts\schedule.mrg :..}. fir: Mk 1(iYM1f:i Count 16U A LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 June 5, 2003 Bruce and Sue Miller 9451 Jones Avenue Durham, CA 95938 Re: Use Permit, AP 060-250-003, UP 03-12 Dear Mr. and Mrs. Miller:: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for June 12, 2003, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Mark Michelena of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant Enc. cc: j:\wpdocs\pclts\schedule.mrg • 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT —June 12, 2003 . Applicant: Bruce & Sue Miller intersection of Humboldt Road and Shake Mill Road, File #: UP 03-12 and 260 feet southeast of Humboldt Road, at 9533 Request: Use Permit to expand a legal Jones Creek Road, Forest nonconforming dwelling. Ranch Existing cabin #21 will be demolished and replaced with Parcel Size: 90 acres +/- (portion of) a new, larger cabin. Planner: Mark Michelena G.P.: Timber Mountain Associate Planner Zoning: U (Unclassified) Supervisor District: 5 APN: 060-250-003 Attachments: Location: On the west side of Jones A. Vicinity Map Creek Road, approximately B. General Plan/Zoning Map one-quarter mile from the C. Site Plan STAFF COMMENTS: Staff recommends approval of this project subject to the findings and conditions. PROJECT DESCRIPTION: The applicant is requesting a Use Permit to replace and enlarge a nonconforming dwelling, a seasonal cabin (#21), in the Jonesville Cabin Association. The dwelling is to be enlarged from 468 square feet to 1,641 square feet in size. The area where the proposed addition would be located currently consists of pine trees, grasses and dirt. The current dwelling is served by septic that will be required to be removed and replaced with an approved septic system for the expanded dwelling. Currently water for the dwelling is provided by pumped in spring water. A propane tank would have to be relocated to make room for the addition. The existing septic tank removed and replaced with a new septic tank and two (2) 37.5 foot leach lines per Butte County Environmental Health Department for the proposed expansion. The proposed expansion would not encroach into any required building setback. The original dwelling, along with all the other original cabins, was built prior to the requirement of building permits. They were originally constructed as fishing and hunting cabins during the early and mid 1920's. Since that time, the cabins have been sold to individual owners and are part of the Jonesville Cabin Association. A couple of the cabins have been enlarged/replaced 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PACE 1 ■ over the last few years. The dwelling units (cabins) are considered to be a legal, nonconforming. Butte County Code section 24-35.20 states that no nonconforming use may be expanded or enlarged unless a Use Permit is approved by the Planning Commission. SITE CHARACTERISTICS: The project site is part of the Jonesville Cabin Association, approximately 90 acres, which is developed with forty-seven cabins, a hotel, and a barn. Access to cabin is from a private road off of Humboldt Road. The area is a seasonal use, due to restricted access during the winter months because of snow and the access road not being cleared. The road is closed by the Butte County Public Works from January 1 to March 1, unless there is still snow on the ground and the date is extended. The road is closed approximately 4.5 south of the Jonesville Cabin Association. The cabin is not located within any required building setback. Vegetation on the site consists of pine trees, grasses, and non-native trees. The project site is surrounded by open land owned by the federal government and camp grounds. Surrounding and nearby parcels are zoned U (Unclassified) and TPZ-160 (Timber Preserve Zone), and range in size from 46 to 650 acres. Jones Creek Road is a very narrow road, but does not have much vehicular traffic. The project site is not located within an airport compatibility zone or within a 100 -year flood zone. ANALYSIS: The replacement and enlargement of the legal nonconforming dwelling unit (cabin) is not expected to create any significant impacts to the area. The nonconforming dwelling unit has been in use for over 80 years and has not created any problems to the area. The proposed replacement and enlargement could result in additional people staying in the dwelling, which would result in an increase in vehicle traffic, noise, sewage generation, and water consumption. These potential impacts are not expected to be significant and would not have an adverse impact to the area. The project site is surrounded by Pine forests and open meadows and the occupants of the site are subject to impacts associated with normal vacation uses, such as noise, dust, and smoke. These impacts already exist and the proposed replacement/expansion to the nonconforming dwelling unit would not create additional impacts. General Plan and Zoning: The General Plan land use designation of the project site is Timber Mountain which lists dwellings as Secondary Uses. The proposed project is located in an area zoned Unclassified for agricultural uses on parcels of ten acres or more in size. The proposal would allow the replacement/expansion of an existing legal nonconforming dwelling unit, which is permitted by issuance of a Use Permit. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 2 0 For the approval of the Use Permit, the applicant is required to present information, including plans or other information that is sufficient to allow the Planning Commission to make an informed decision. The Planning Commission may grant a Use Permit if: "The proposed uses of propefty will not impair the integrity and character of the zone in which the land lies, and that the use would not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working .in the neighborhood or the general health, welfare, and safety of the residents of the county" (Butte County Code, Section 24- 45.10). Section 24-35.20 of the Butte County Code states that 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. Local Agency Review: The project was reviewed and conditions applied by local agencies. The Butte County Environmental Heath Division requires a permitted waste water disposal system, with approval of the destruction of the old septic tank. They also require an approved source of water for the new structure. The California Department of Forestry requires the development of structures shall comply with the latest California Fire Safe Regulations, and all other applicable State and County codes, ordinances and regulations. They also require building identification and/or address by installed in conformance with Public Resources Code 4290. The Butte County Department of Public Works and the Local Agency Formation Commission had no comments. CEQA ISSUES: The project was reviewed for environmental impacts under the California Environmental Quality Act (CEQA) in accordance with State Law. The following discussion summarizes issues and impacts identified in the Initial Study. These issues resulted from the preparation of an initial study. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 3 0 Hydrology/Water Quality All wastewater generated by the replacement dwellings on the site would be handled by individual, on-site septic systems. The Butte County Environmental Health Division will require a permitted waste water disposal system and approval of the destruction of the old tank. The current dwelling uses spring water as its water source. The Butte County Environmental Health Division has determined that an approved water source for the replacement and expanded dwelling is required. The majority of dwellings in the Jonesville Cabin Association use spring water. If a well is required, and as more cabins are either replaced or expanded, there could be a small impact to local groundwater levels. But do to the fact these dwellings are seasonal uses, the impact is determined to be less than significant This project would ultimately result in a small increase of new impervious surfaces due to the increase in size of the replacement dwelling. There is a small potential for a minor increase in surface water runoff due to the reduced absorption rate created from the impervious surfaces. The cumulative effects of future enlargement of the existing dwellings within the project site should be closely monitored to ensure no adverse drainage impacts to on-site swales. The proposed project would not alter the existing drainage pattern of the area. No additional grading will occur due to the replacement and expansion of the dwelling. The area of the proposed project is located approximately 300 feet north of Jones Creek and would not result in substantial erosion or siltation on- or off site. Traffic The project will not cause an increase in traffic since only a replacement of one existing dwelling (cabin) is proposed. Also, the area is primarily a seasonal use, due to restricted access during the winter months because of snow and the access road not being cleared. The road is closed by the Butte County Public Works from January 1 to March 1, unless there is still snow on the ground and the date is extended. The road is closed approximately 4.5 south of the Jonesville Cabin Association. Cultural According to Butte County constraints mapping, the project site is located in an area considered to have a high archaeological sensitivity. This mapping is general in nature and basis the probability of archaeological significance on the physical characteristics and history of different areas of the County. The location of the project is in an area that may have potential for historical or cultural resources. Often such sites are found in foothill areas, rock outcroppings, or areas overlooking deer migratory corridors. Even though the site does not contain the physical features normally associated with high archaeological sensitivity, the proposed dwelling replacement has the potential for undiscovered archaeological resources to be uncovered during excavation activities. ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 4 ■ • To mitigate the potential impact, the Planning Division would require that all construction activities cease in such an instance. Ground disturbance would not resume until clearance is provided by a qualified archaeologist. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did identify the area to have a high archeological' sensitivity; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study, Mitigated Negative Declaration, Agenda Report and any comments received, there is no substantial evidence that the Use Permit for Bruce and Sue Miller, Planning Division File No. UP 03-12, will have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, as detailed in the Agenda Report dated June 12, 2003. II. Adopt a "de minimis" exemption regarding impact to fish and wildlife or their habitat. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protecting biological resources; or conflict with the provisions of an adopted Habitat Conservation Plan. III. Approve Use Permit 03-12 for Bruce & Sue Miller, subject to the following findings and the conditions in Exhibit "A": 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 5 0 A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated as Timber Mountain. The Timber Mountain land use designation allows dwellings uses as Secondary Uses. The Butte County Zoning Ordinance allows the expansion of a nonconforming use upon approval of a Use Permit. B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: Although the replacementlexpansion is larger than current dwellings, the overall scale, bulk, coverage, and density will not have a significantly adverse affect on the area or be detrimental to surrounding dwellings. 2. The availability of public facilities, services and utilities The replacementlexpansion to the nonconforming dwelling unit would not create a need for new public facilities, services, and utilities because telephone and electrical services already extend to the project parcel. The Butte County Fire Department requires compliance with standard California Fire Safe Regulations, Public Resources Code 4290. 3. The harmful effect, if any, upon desirable neighborhood character: The replacementlexpansion to the existing nonconforming dwelling would be a change from the existing style original cabins, but it would be an improved change for the older, rundown dwellings of the Jonesville Cabin Association. 4. The suitability of the site for the type and intensity of use or proposed development: The site is suited for the project because the property is of a sufficient size to contain the modified nonconforming replacementlexpansion of the dwelling unit, because the property does not contain any physical constraints that would impact the dwelling. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 6 ■ 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed replacement/expansion of the dwelling unit application to County agencies and has received responses that indicated there is no evidence that the use, with appropriate conditions, would cause any other relevant planning -related impact. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The replacement/expansion of the nonconforming dwelling unit 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 because: The nonconforming dwelling unit has been on the property for over 70 years and has not caused any significant impacts to adjoining properties. The adjoining parcels have not significantly impacted the users of the nonconforming dwelling units. k:\projects\upc\miller\Miller UP PC Agenda Report.doc 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 7 ■ EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION 0 DATE: (Certified Mail Rec.) UP 03-12 PERMIT NO. 060-250-003 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Bruce and Sue Miller are hereby granted a Use Permit to replace/expand a legal nonconforming dwelling (Cabin #21), located at 9533 Jones Creek Road, Forest Ranch, which is part of the Jonesville Cabin Association, from 468 square feet to 1641 square feet on APN 060-250-003, subject to the following conditions: Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one-year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or State regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 8 0 • 0 pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. Building permits are required. Prepare three (3) sets of construction plans and make an application for permit. Construction shall comply with federal, state, and local regulations. Plans shall be prepared, sealed, and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. 2. Development fees for the proposed residential or non-residential improvements shall be paid prior to the issuance of building permits. The fees shall be those in effect at time of application, and shall include, but not be limited to, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection Fees. 3. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 4. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. Environmental Health Divisi 5. Prior to issuance of a building permit, apply and obtain a permit to install sewage disposal system for proposed remodel. 6. Under County approval, remove old septic tank serving the dwelling unit (Cabin #21). 7. There must be an approved source of water for the new structure. 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 9 0 Butte County Fire Department/CDF 8. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 9. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. County Counsel 10. If this entire matter or any finding, action or condition of this matter is appealed to .the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Land Development Division Environmental Health Division Animal Control Division Fire Department/CDF, Assessor ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 10 0 1. Vicinity Map I Project Location Buft Mwdows Snag Jr wi /* Phlbmk . . . ... ....... LIP 03-12 060-203 IPA I LLE Ft U CP K", TPZ-160 U BUTTE MEADO TPZ-160 4 r---- - - U TPZ-160 TPZ-160 A U %1N On TM-alpa%f TPZ-1( MW 0 2000 4000 6000 8000 10000 12000 14000 16000 18000 Feet BUTTE'COUNTY PLANNING CONMUSSION N Applicant: Brum & Sue Nfillff Owner: Jonesville Cabin Owners, Inc. Hearing Date: June 12, 2003 @ 9:00 am. EAsting Zone: U (Unclassified) Supervisorial Request: use Permit to replace a preexisting legal non -conforming structure (cabin) with a new, larger cabin. District # 3 1 Assessor Parcel No: 060-250-003 Me: Up 03-12 � �rI 0 g;�ISqT '14f FL ,COM.. •. � Meq R�_ �r`"�.1� 1 t7� OOP-SqT oni ,�1srr�+U nidti7 �IIi re3rwL :t-111rrU z slliAJf ,uC .arn£! :3ur.�ilgcll, (boilimAxi'J) U ;efl(kx pnitziis rr.s 00:0 ,; WOL c! u:,uL :etr;O gni-itofi !tt'rrozi�n��u? - f -t 1mi2ia nidv)%P;rr..r ;Hm c (nidL ;,nd:.uvx Ut:ilmolrcou-tion t; o1 tian-A wu :)a,�up,3Si SJ -Eo (IrJ :AR UOO-OU-Udo :u% b!)-le'i-rot?!)dOA N Q. ,,,� f•MILLER pass, rr�C, "'****24 MOOR EMERGENCY�, . '**RESIDENT?AL***COMMER SERVICE***** STATE CONTRACTORS LICENSE #424495 E* * CHICO 744 CHERRY Sr, CHICO, CA. 95928 PH: (530) 343-7934 FX: (530) 343-0141 PARADISE 5999 ASTER RD PARADISE, CA, 95969 PH: (530) 877-9300 FX: (530) 877-5712 DATE: ,., v _ 03 NO OF PA GES: FAX. FROM: An ma Mins.. REF: REMARKS; to *J SLZS 202 0£S ORLAIVD 116 WALKER Sr. ORLAND, CA. 95963 PH: (530) 865,9839 FX: (530) 865-5299 Oki sswin 21311 I W W" f £ : 60 £00Z-OZ-Avw Project: Butte County, File # *12 DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR UP 03-12 (Miller) f Project: Butte County, File # *12 COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR UP 03-12 (Miller) 1.0 PROJECT INFORMATION A. Applicant/Owner: Bruce & Sue Miller B. Representative: Same C. Engineer: NA D. Staff Contact: Mark Michelena (530) 538-7376 E. Proiect Name: Miller (UP 03-12) F. Proiect Location: On the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch G. Type of Application(s): Use Permit H. Assessor's Parcel Number(s): 060-250-003 I. Proiect Site Size: 90 acres +/- (portion of) J. Current Zoning: U (Unclassified) K. General Plan Designation: TM (Timber Mountain) L Environmental Setting: The project site is part of the existing Jonesville Cabin Association which includes 47 individually owned cabins, a hotel and a barn. M. Surrounding Land Uses: The project site is part of the Jonesville Cabin Association. The association includes 47 cabins on approximately 90 acres. Land to the north, west, east and southeast vacant and owned by the Federal Government. N. Proiect Description: This is a Use Permit application for replacement and expansion of a legal nonconforming dwelling (cabin). The existing cabin will be demolished and replaced with a new, larger cabin. The parcel currently has a General Plan designation of Timber Mountain and is zoned U (Unclassified). O. Public Agency Approvals: Butte County Environmental Health Department, Butte County Public Works Department, Butte County Development Services Director, Air Quality Management District, California Department of Forestry, PG&E, and LAFCo. ■ Butte County Department of Development Services ■ Planning Division ■ Page 1 ■ Project: Butte County, File # R-12 2.0 DETERNIINATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier 'EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 1&k&/Az" tea,- 03 Prepared by: Mark Michelena, Associate Planner Date ( �j, - f n", -,/, ?�� / S Reviewed by: Joseph W. Baker, Planning Manager Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [ ] 4.3 Air Quality [ ] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [X] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) ■ Butte County Department of Development Services ■ Planning Division ■ Page 2 ■ Project: Butte County, File # U0-12 2) All answers must take account of the whole action involved including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, and then the checklist answers must indicate whether the impactis potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, `Earlier Analyses," may be cross-referenced). 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis -Used: Identify and state where they are available for review b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. ■ Butte County Department of Development Services ■ Planning Division ■ Page 3 ■ Project: Butte County, File # A-12 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICNISUAL RESOURCES: 0 Would the Potentially Less Than Less Than No Reviewed proposal: P P Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the X area? X Impact Discussion: The site is not located within a State or County designated scenic highway. The project is not anticipated to create any significant sources of new light or glare. This project will not affect a scenic vista nor will it have a demonstrable negative aesthetic effect. The proposed larger dwelling is replacing an existing dwelling and will not remove any existing trees or native vegetation or degrade the existing visual character of the site. Mitiiation Measure: None required 4.2 AGRICULTURE RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous . Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland, to non-agricultural use? ■ Butte County Department of Development Services ■ Planning Division ■ Page 4 ■ Project: Butte County, File # *12 Impact Discussion: n U The project site is not used for any agricultural uses. The site has a Soil Classification of VI which is determined to severe limitations for agricultural production. There is no Williamson Act contract affecting this property. No impact is anticipated to agricultural resources as a result of this Use Permit. Mitigation Measure: None required 4.3 AIR QUALITY: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air qualityplan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air X quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of people? X Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "non -attainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. The project is located within the Sacramento Valley Air District. According to the Butte County Air Quality Management District (BCAQMD), Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" non -attainment areas for the state standards for ozone (03) and fine particulate matter (PMio). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. There is no anticipated increase in vehicle traffic generated by the proposed project which in turn would not result in any additional impacts on air quality. The proposed is project is for an expansion of an existing dwelling (cabin). Therefore the project is well below the 97 -lot threshold established by the Butte County Air Quality Management District for determining the need for additional air-quality analysis (1997 Air Quality Attainment Plan). The creation of fugitive dust emission during site development activities, such as grading, excavation for foundations and utilities, and other soil work will be less than significant and not require mitigation. Mitigation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 5 ■ Project: Butte County, File # *12 4.4 BIOLOGICAL RESOURCES: • Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the X California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, X etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, X or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy X ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat X conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered species of animals? h. A reduction in the diversity or numbers of animals, onsite (including mammals, birds, reptiles, amphibians, fish or X invertebrates)? i. A deterioration of existing fish or wildlife habitat (for foraging, breeding, roosting, nesting, etc.)? X j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? X k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the X normal activities of wildlife? Impact Discussion: The project site vegetation consists of Yellow Pine forest and grasslands. Jones Creek traverses the property in a northeast to southwest direction approximately320 feet south of the project site. ■ Butte County Department of Development Services ■ Planning Division ■ Page 6 ■ Project: Butte County, File # *12 Although pines are not an endangered species and are not protected by local ordinance, efforts should be made to ensure that projects protect of pine trees. The proposed development is a replacement of an existing and no proposed trees are to be removed, therefore no impacts are anticipated. The project site is located within a deer herd area (development permitted) summer range for the East Tehama Deer Herd. The use permit is for a replacement dwelling, which shall not pose any additional impacts to the deer herd area. The property includes Jones Creek running east to west. The replacement dwelling is well over 200 feet away and will have no direct effect on the creek. The project is not known to be inhabited or provide habitat for any rare, endangered animal or plant species (Butte County Master Environmental Assessment, Figure Bio -2). Because the project would not have an impact to fish and/or wildlife habitat the Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 are not required. The proposal would not conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. There will be no additional factors that could hinder normal activities of wildlife. No additional human presence or impact will be created by the Use Permit. Mitigation Measure: None required 4.5 CULTURAL RESOURCES: Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d. Disturb any human remains, including those interred outside of formal cemeteries? X Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. There does not appear to be any historical or culture resources in the proposed development area. According to Butte County constraints mapping, the project site is located in an area considered to have a high archaeological sensitivity. This mapping is general in nature and basis the probability of archaeological significance on the physical characteristics and history of different areas of the County. The location of the project is in an area that may have potential for historical or cultural resources. Often such sites are found in foothill areas, rock ■ Butte County Department of Development Services ■ Planning Division ■ Page 7 ■ Project: Butte County, File # R-12 • outcroppings, or areas overlooking deer migratory corridors. Even though the site has a high archaeological sensitivity, the site does not contain the physical features. Therefore, the proposed dwelling replacement has the potential for undiscovered archaeological resources to be uncovered during excavation activities. Staff recommends that a mitigation measure be included that would require that all construction activities cease in such an instance. Ground disturbance would not resume until clearance is provided by a qualified archaeologist. Mitigation Measure #1: Include a condition in the Use Permit stating: "Should any archaeological artifacts be discovered during construction or excavation, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division." Plan Requirements: The required note shall be as a condition in the Use Permit. Timing: Ongoing throughout the earthwork phase of the development of the site. Monitoring: Department of Development Services shall check plans prior to approval and shall spot check in the field. Additional monitoring shall be on an incident basis. State Law requires the reporting of any human remains or artifacts. 4.6 GEOLOGIC PROCESSES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated X on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral X spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste X water? Impact Discussion: ■ Butte County Department of Development Services ■ Planning Division ■ Page 8 ■ Project: Butte County, File # *12 is The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault zone or an after. shock epicenter region. The nearest active fault, the Cleveland Hill fault, is located approximately 28 miles to the south of the site. The site is also located approximately 26.4 miles north of the Big Bend Fault, 11.3 miles west of the Rich Bar Fault, and 12.9 miles west of the Melones Fault. The intensity of ground shaking at any specific site depends on the characteristics of the earthquake, the distance from the earthquake, and on the local geologic soils and conditions. At present, there is insufficient data to predict accurately the expected ground motions at various locations in Butte County. However, strong seismic ground shaking is closely related to the proximity of active fault lines. With the site being approximately 28 miles from the only known active fault in the County, ground shaking and resultant building damage would not be a significant concern because the Uniform Building Code contains standards to address this seismic potential. Seismic risk is not limited to faults which have been currently identified. Some earthquakes originate from unknown sources sometimes characterized as "background seismicity" or "floating earthquakes". The Butte County Master Environmental Assessment indicates that it is reasonable to assume that background seismicity could produce earthquakes as large as Richter magnitude (modified Mercalli intensity scale) 6.5 virtually anywhere in Butte County. There is no current evidence that an earthquake larger than magnitude 6.5 would occur at this location. Earthquakes at this magnitude are generally felt by all persons, but damage is generally slight to minor, with fallen chimneys and cracked plaster the most prominent damage. Richter magnitude 6.5 is not subjectively characterized on the intensity scale, but a magnitude 7 is generally characterized by negligible damage, especially in buildings of good design and construction. Considerable damage can occur in poorly built or badly designed structures. However, the impact would be less than significant due to compliance with the Uniform Building Code. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally low potential for liquefaction. The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is moderate potential for landslides in this area. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that the soil erosion potential for the project site is moderate. The site, has a gradual slope from northeast to south west, is not subject to significant erosion, due to the combination of existing vegetation and the relatively level property. The area does have high rainfall intensity (75-80 inches/year). The elevation of the site is over 5,000 feet and during the winter months. In addition, it is expected that a very small amount of the site would be disrupted for residential improvements. The Butte County Environmental Health Department does not object to the use of septic systems on the property. Septic systems installed- on the site are required to comply with the County Improvement Standards. No impact is anticipated. Mitigation Measure: None required 4.7 HAZARDS AND HAZARDOUS MATERIALS Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal X of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into X the environment? ■ Butte County Department of Development Services ■ Planning Division ■ Page 9 ■ Project: Butte County, File # A-12 i Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a X significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? g Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where X residences are intermixed with wildlands? Impact Discussion: The project site is not located on or near any sources of hazardous materials and would not create any hazardous materials. No impact is anticipated. The proposed dwelling will not emit hazardous emissions or deal with hazardous substances or waste. Also, the project site is not within one-quarter mile of an existing or proposed school. The property is not located within the vicinity of an airport, airport land -use plan, or private airstrip, and does not interfere with an adopted emergency response plan or emergency evacuation plan. No impact would occur. The project is not located within a State Response Area for wildland fires and construction of the replacement would not increase the difficulty of fighting potential wildfires. The nearest fire station is Butte Meadows Volunteer Station # 10, located approximately 4.8 miles southwest. The Butte County Fire Department/CDF is requiring the replacement dwelling to comply with the latest California Fire Safe Regulations (Public Resources Code 4290). Mitigation Measure: None required 4.8 HYDROLOGY AND WATER QUALITY: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge requirements? X ■ Butte County Department of Development Services ■ Planning Division ■ Page 10 ■ Project: Butte County, File # #12 • Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of X preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in X substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount X of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted X runoff? f. Otherwise substantially degrade water quality? X g. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood X Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a X result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: All wastewater generated by the replacement dwellings on the site would be handled by individual, on-site septic systems. The Butte County Environmental Health Division will require a permitted waste water disposal system and approval of the destruction of the old tank. The current dwelling uses spring water as its water source. The Butte County Environmental Health Division has determined that an approved water source for the replacement and expanded dwelling. The majority of dwellings *in the Jonesville Cabin Association use spring water. If a well is required, and as more cabins either expand or use well water, there could be a small impact to local groundwater levels. But do to the fact these dwellings are seasonal uses, the impact is determined to be less than significant This project would ultimately result in a small increase of new impervious surfaces due to the increase in size of the replacement dwelling. There is a small potential for a minor increase in surface water runoff due to the reduced absorption rate created from the impervious surfaces. The cumulative effects of future enlargement of the existing dwellings within the project site should be closely monitored to ensure no adverse drainage impacts to on-site swales. The proposed project would not alter the existing drainage pattern of the area. No additional grading will occur due to the replacement and expansion of the dwelling. The area of the proposed project is located approximately 300 feet north of Jones Creek and would not result in substantial erosion or siltation on- or off site. ■ Butte County Department of Development Services ■ Planning Division ■ Page 11 ■ Project: Butte County, File # A-12 • The project area is not located within a flood zone or prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. The replacement and expansion of the existing dwelling would not be placed in a 100 -year flood hazard area, nor would the project expose people or the structure to significant risk or loss due to flooding as a result of the failure of a levee or dam. Mitigation Measure: None required. 4.9 LAND USE: Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Result in the loss of availability of a known mineral Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, X local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation plan? X Impact Discussion: The current established community is a 47 cabin association, primarily used during the late spring, summer and fall seasons. The proposed project is to replace an existing dwelling. While the new dwelling will be larger in size, approximately three times the existing size, it will not divide the established community. The property is currently zoned U (Unclassified). The General Plan Designation for the site is Timber Mountain (TM) which allows primary uses of agriculture and one single family dwelling at rural densities. The U -Zone (Unclassified) also allows only one single family dwelling per parcel. The current use (dwelling) is considered a legal nonconforming use of the land. The project does not conflict with these and other applicable land use plans, policies or regulations. Under Section 24-35.20, 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. The property is not within a habitat conservation plan or natural community conservation plan. No impact would occur. Mitigation Measure: None required 4.10 MINERAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X residents of the state? ■ Butte County Department of Development Services ■ Planning Division ■ Page 12 ■ Project: Butte County, File # U91-12 • Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Exposure of persons to or generation of noise levels in Incorporated b. Result in the loss of availability of a locally -important X mineral resource recovery site delineated on a local general X plan, specific plan, or other land useplan? Impact Discussion: The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. The project is located within an area where there are no known mineral resources. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required 4.11 NOISE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground borne vibration or ground bome noise levels? X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X expose people residing or working in the project area to excessive noise levels? L For a project within the vicinity of a private airstrip, would the project expose people residing or working in X the project area to excessive noise levels? Impact Discussion: Since the proposal is for a replacement of an existing dwelling, the only noise impact would be during the removal of the existing dwelling and construction of the replacement dwelling. The increase in noise will be for a short period of time and will not generate substantial increase in noise levels.. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur. Mitigation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 13 ■ Project: Butte County, File # U9-12 4.12 HOUSING: • Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of X roads or other infrastructure? X b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? X Impact Discussion: The proposal is for a replacement and expansion of an existing dwelling (cabin). It will not induce any additional new dwellings in the area. The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required. 4.13 PUBLIC SERVICES: Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which X could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other erformance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X f. Other public services? X Impact Discussion: The proposed replacement and expansion of the existing dwelling (cabin) would not have any effect on public services. The site is generally used during the summer months. No additional dwellings are being proposed so there will be no additional demands on public services. The site is not located in high fire hazard area designated by the Safety Element of the Butte County General Plan and is not within a State Response for fire protection. The Butte County Fire Department/California Department of Forestry requires the new dwelling shall comply with Public Resources Code 4290. No significant impact is anticipated to other public services. ■ Butte County Department of Development Services ■ Planning Division ■ Page 14 ■ Project: Butte County, File # U9-12 Mitieation Measure: None required 4.14 RECREATION: E Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be X accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? X Impact Discussion: The proposed use is for replacement and expansion of an existing dwelling (cabin). It is part of the Jonesville Cabin Association and is used primarily during late spring, summer and fall. There would be no impact to existing area parks or recreation facilities. Mitigation Measure: None required 4.15 TRANSPORTATION/TRAFFIC: Would the .Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of X vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results X in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses e.g., farm equipment)? e. Result in inadequate emergency access? X L Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks)? ■ Butte County Department of Development Services ■ Planning Division ■ Page 15 ■ Project: Butte County, File # #12 Impact Discussion: 0 The project will not cause an increase in traffic since only a replacement of one existing dwelling (cabin) is proposed. Also, the area is primarily a seasonal use, due to restricted access during the winter months because of snow and the access road not being cleared. The road is closed by the Butte County Public Works from January 1 to March 1, unless there is still snow on the ground and the date is extended. The road is closed approximately 4.5 south of the Jonesville Cabin Association. The project area is not near any airports and would not result in a change in air traffic patterns, or increase traffic levels that could result in substantial safety risks. There is no additional required parking since the proposal is for only a replacement of an existing dwelling. There will be no change in emergency access. As stated before, the nearest fire station (volunteer) is located approximately 4.8 miles southwest of the site. This proposed project does not conflict with accepted policies, plans, or programs supporting alternative transportation. Mitieation Measure: None required 4.16 UTILITIES AND SERVICE SYSTEMS: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant X environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant X environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand X in addition to theprovider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate theproject's solid waste disposal needs? X g. Comply with federal, state, and local statutes and regulations related to solid waste? X Impact Discussion: Sewage disposal for replacement dwelling on the project site would be handled by individual on-site septic system. The Butte County Division of Environmental Health has reviewed the project and determined that the new structure must have a permitted waste water disposal system and approval of the destruction of the old tank. ■ Butte County Department of Development,Services ■ Planning Division ■ Page 16 ■ Project: Butte County, File # UP -12 Domestic water supply for new dwellings on the site would be obtained from on-site wells. The Butte County Division of Environmental Health has there must be an approved water source for the replacement dwelling. The proposed replacement dwelling will be using the existing well that serves the current dwelling. The project would not have an impact on any water treatment facilities. No additional storm water facilities would be necessary as a result of this project due to the dwelling being a replacement for an existing dwelling and only a minimal amount of new impervious surfaces will be created. The project would not increase the stream of waste being deposited in the Neal Road Landfill. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. The project would not have a significant impact on solid waste disposal. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste. Mitigation Measure: None required 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict X the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with X the effects of past projects, the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which would cause substantial adverse effects on human beings, either X directly or indirectly? Impact Discussion: The project impacts are both individually and cumulatively limited with respect to Initial Study Checklist Item 4.5 Cultural Resources. Impacts to this area would be mitigated by the inclusion of Mitigation Measures #1, as itemized under Section 5 — Mitigation Measures and Monitoring Requirements. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure #1: Include a condition in the Use Permit stating: "Should any archaeological artifacts be discovered during construction or excavation, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division." ■ Butte County Department of Development Services ■ Planning Division ■ Page 17 ■ Project: Butte County, File # U030-12 • Plan Requirements: The required note shall be as a condition in the Use Permit. Timing: Ongoing throughout the earthwork phase of the development of the site. Monitoring: Department of Development Services shall check plans prior to approval and shall spot check in the field. Additional monitoring shall be on an incident basis. State Law requires the reporting of any human remains or artifacts. ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA C112M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: C142M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4 Safety Element Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Mai). Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 12. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989 and 2000. 13. USGS Quad Maps. 14. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 15. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map Butte County Fire Department and California Department of Forestry, 1989. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [ ] Building Manager [ ] BCAG [ ] ALUC [X] LAFCo [ ] Air Qual. Management Dist. [ ] City of Chico [ ] City of Biggs [ ] City of Gridley [ ] City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [ ] CalTrans (Traffic) [ ] Central Reg. Water Quality [ ] Department of Conservation [ ] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [ ] US Fish & Wldlife Service [ ] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] Oroville Unified School Dist. [ ] Feather River Rec. Dist. [ ] El Medio Fire Dept. [ ] OWID [ ] LOAPUD [X] PG&E [ ] Pacific Bell [ ] Palermo Union School Dist. [X] County Counsel [X] County Assessor K:\PROJECTS\UPC\Miller.03-12\Miller IS.doc ■ Butte County Department of Development Services ■ Planning Division ■ Page 18 ■ 0 Project: Butte County, File N UP 03-11 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: I/We have reviewed the Initial Study for the Miller Use Permit, removal and replacement of a legal nonconforming dwelling (APN # 060.250-003 portion,) application and particularly the mitigation measure identified herein. I/We hereby mods the application on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. Ste- 0.3 �Brucc �84SUC Miller/Project Applicant Date /Project Agent Date Butte County Department of Development Services • Planning Division ■ Page 19 a ZO-d SIZS £b£ 0£S 31,1I ssVin M311IW W" 1£:60 £0OZ-0Z-AVW Sent By: Daniel V. Blackstock; 530 345 3871; Jun -4-03 12:47PM; Page 1/3 DAMEL V. BLACKWMW Ilei MmohesterRoM Phone: U"42r1221 Aftnwy at 1AW Chlor. CA 95M PAR: 390.45.3871 UM /k r To: ri ay r'C — r4gft •• ®Fax: From: Danjill V. 81arJlatoris Date:D ._. Time: Pages: .3_� including this cover page, from fax C -- number 530.345.3871. Should you not receive the above noted pages, please contact us at 530342.1221. Thank YOU. IMPORTANT NOTICE This message is confidential, may be subject to an attomoy-eUent privilege, and exempt from disclosure under applicable law. TMs moss&=@ Is Intanded only for the ase of ft indMdual or entity In whom er 101111th it is addressed. M You soler that Communication'horror, please notify us immsdivioly by tslegbon@. end Please return dw original message to us at no above address via mall/pest. It the reader of We message is not the Untended feeipient. or the employee or agent responsible for delivering We message to dw int@nded recipient, YOU are hereby notified that any dlsseminaUon, distribution or coprlas of this co nmuakeuon and &syr att@chm@@ts hereto is stfttty proMbited. Thank YOU. Sent By: Daniel V. Blackstock; 530 345 3871; Jun -4-03 12:48PM; JONEMLLE CABIN OWNERS, INC - 2002 BOARD OF DIRECTORS STEVE CROWSON, (Nancy) PRESIDENT Home: (530) 345-6934 9460 Dillon Ct, Durham 95938 Cabin: No Phone 9445 Jones Creek Rd FAX: e-mail: JIM EDWARDS, (Carolyn) Hoche: (530) 342-1962 Cabin: (530) 873-3080 FAX: (530) 891-1931 ERMA OltIL+NDORFF Home: (530) 342-8615 Cabin: (530) 873-3046 FAX: BARBARA MAGGI Home: (530) 342-2476 Cabin: No Phone FAX : (530) 894-2554 SHARON GORE, (Pat) Horne: (530) 343-0568 Cabin: (530) 873-0815 FAX : (530) 894-7562 OLIVIA BAKER, (Ben) home: (530) 438-2679 Cabin: (530) 873-4407 FAX: VICE PRESIDENT 1251 Oro -Chico Hwy, Durham 95939 9057 Shake Mill Rd TREASURER 365 E. Sacramento Ave, Chico 95926 9495 Jones Creek Rd e-mail: RECORDINGSFsCUTARY 10508 Fimple Rd, Chico 95928 9564 Jones Creek Rd e-mail: bgmaggi@aol.com CURRFSPONDIIVG SECR67ARY POB 28, Durham, CA 95938 9021 Shake Mill Rd e-mail: PandSOore@thegrid.nct POB 661, Maxwell 95955 9091 Shake Mill ltd e-mail: BOB BERGER, (Becky) Home: (530) 893-3430 13 t.aguna Ct, Chico 95928 Cabin: (530) 873-5212 9073 Blueberry Meadow Lal FAX: e-mail: Page 2/3 Sent By: Daniel V. Blackstock; 4, 530 345 3871; Jun -4-03 12:48PM; DAN BLACKSTOCK, Met.'y) Home: (530) 342-1221 1181 Mmcbester Rd, Chico 95926 Cabin: (530) 8735076 9446 Jones Creek Rd FAX: a -mail. _. JACK BROWN How: (530) 873-9531 14183 Creston Rd., Map& 95954 Cabin: (530) 873-1107 9232 Mckey Trail FAX: C -mail: AL CROWSON (Velma) Home: (530) 342-4934 Cabin: (530) 873-0496 FAX . LYNN ROHWER (Claude) Home: (530) 758-5944 Cabin: (530) 873-6806 FAX: 2703 Monterey St, Chico 95973 9461 Jones Creek Rd e-mail: 27276 Meadowbmok Dr, Davis 95616 9124 Meadow Edge Trail e-mail: Rohwer2@aol.com EXECUTIVE COMMITTEE: JCO, Inc. Bylaws addition 8/31/97 ARTICLE 111 Directors, .Section 3.1 S Executive Committee Compoxition The executive committee shall include the President, Treasurer, Recording Secretary and two members -at -large elected by the board of directors from among Its members. The president ,shall be the chair of the executive committee. President, STEVE CROWSON, CbRi mam Treasurer, ERMA ORENDORFF Recording Secretary, BARBARA MAWI Member -at -large, BOB BERGER Member -at -large, JACK BROWN Page 3/3 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on June 12, 2003, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, at 9:00 a.m. regarding the following item In accordance with the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the following project: MITIGATED NEGATIVE DECLARATION/ USE PERMIT A. Bruce and Sue Miller, Use Permit to allow for replacement and expansion of a legal nonconforming dwelling (cabin). The existing cabin will be demolished and replaced with a new, larger cabin. The parcel is zoned "U" (Unclassified) and currently has a General Plan designation of Timber Mountain and is zoned U (Unclassified). The property is located on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch. APN 060-250-003 (MM) (UP 03-12) NEGATIVE DECLARATION/USE PERMIT B. Darren Chapla, Use•Permit for an expansion of an existing kennel for 20 to 35 dogs on property zoned "A-160" (Agricultural — 160 acre parcels). The property is located on the west side of Cana Pine Creek Road, approximately 1 mile north of Broyles Road, at 15593 Cana Pine Creek Road, Chico. APN 047-060-056 (MM) (UP 03-08) The initial study for the project identifies potentially significant effects, but revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. The Initial Study and Proposed Mitigated Negative Declaration for this project are on file for public review starting, May 22, 2003, through June 11, 2003, at the Butte County Planning Division, 7 County Center Drive, Oroville, California and the Butte County Chico Library, 1108 Sherman Avenue, Chico, California. All interested persons are invited to review the document. Written comments will be accepted by the Planning Division at the above address. If you challenge either the Mitigated Negative Declaration or the Use Permit in court, you may be limited to raising only those issues you or someone, else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior to, the public hearing. 0 10 For further information regarding this project, please contact Mark Markelena, project planner, at the Butte County Planning Division at (530) 538-7376. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Thursday, May 22, 2003 +r s AP 060-250-003, Bruce Miller UP 03-12 0 w wa..- �Jwol Mailing List Distribution DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive LAFCo Oroville, CA 95965-3397 Telephone: (530) 538-7601 pip g FAX: (530) 538-7785 LIAR 9 3 2003 TO: LAFCo FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application - BUTTE APPLICANT: Bruce and Sue Miller, Use Permit - UP 03-12 COUNTY APN: 060-250-003 APR v 3 2003 DATE: March 11, 2003 DEVELOP1yyENT The Planning Division has received a project application as described below. This applsn io' Weing provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin. PROJECT LOCATION: on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch County Supervisor District No: 5 ZONING: U (Unclassified) GENERAL PLAN: TM (Timber Mountain) If a response cannot be submitted prior to May 25, 2003, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for May 8, 2003 before the: Fx—]Planning Commission F-1 Development Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): µ. B-Nt (.l/.toe s_ csa IGy By: S71 -eve C e4j Date: 1 h 7/,,.7 DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 S rnc" Ij der APPLICANT'S NAME: (If application is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: c ADDRESS: STREET, CITY, STATE, & ZIP CODE FILE NUMBER: (FOR OFFICE USE) NAME OF PROPOSED PROJECT (If any) TELEPHONE: 53� � LOC ON OF PROJECT (Major cross streets and Address, if any) GENERAL INFORMATION REQUIRED OWNER'S NAME: TELEPHONE: (� )���- �a�► -- ADDRESS: J eS fee% <eSiTYI\C � ZI DEq Sq q ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE (in Square Feet or Acres) EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) 1 (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY 1S OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED . ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ❑ REZONE ❑ TENTATIVE PARCEL MAP USE PERMIT BUTTE ❑ WAIVER OF PARCEL MAP COUNTY ❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE MAR 0 6 2003 ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE DEVELOPMENT ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT SERVICES ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) �non l OWNER CERTIFICATION. I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE' (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE: A, I L � SIGNATURE: � i K:\FORMS\UNIFORM APPLICATION Page I of 2 AGENT AUTHORIZATION TO: Butte County, Department of Development Services: 1 p� k t:)OQ M I I )" -- Phone Number (5.jd) gq 1 - S - Print Name qySl Com. Gs93(2) Mailing Address is hereby authorized to process the application for on my property, identified as Butte County Assessor Parcel Number: APN# O�oC - D -SO - 0 C11, This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) Print Name Print Name Signature5-19—nature Architect and/or Engineer: Phone Number Print Name of Architect/Engineer Mailing Address FOR OFFICE USE ONLY Verify: Date Received: �� �(�: �()� Total Amount Received: l �� . CO AP Number(s) .- Legal Description Er—o-wners Authorization []'Zoning Requirements 0 Project Description �Q-Copies of plot plan Taken by: PA ika' � Y14 ( C HL.`Ze_ r,;,+ Receipt No. j 1 G 1 C PW/LD Plan E.H. CDF t4'3r NOD/NOEFees 3 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 as of Make check payable to "Butte County Treasurer". K:IPORMS,,UNIFORM APPLICATION Page 2 of 2 ! COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) Date Filed GENERAL INFORMATION: Q 1 . Name and address. of owner, and/or de eloper, and/or project sponsor: VJ(11C� `S �� e ')n ' I, y 5 1 \id nP s Fh)_e ,1 < h c- ,. G� 3 3 .J manes c c aS 1 q,) 2. Address of project: �F' } Assessor's Parcel Number: 3. Name, address, and telephone number of person to be contacted concerning this project: 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Existing general plan designation: �� C ' / r en& -:r UAJ 1-74 A- 6. Existing zoning district: LA C �J i LttSStF(e0 7. How is land currently used? C'A6, &JS 8. Proposed use of site (Project for which this form is filed): R� l a c e �,Q `r ­)I, 6i c,)J 3 re Project Description: 9. Site size: �0- peg AC (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: - Compact: Total: _ ------ 11. Plans attached: Yes _ No 12. Proposed development schedule � i-n0O i; Cf) 13. Associated projects �- 14. Anticipated incremental or phased development ❑ Butte County Department of Development Services ❑ Planning Division ❑ 0 0 • Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. G) 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. /,,e- 17: If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If p rmits have already been issued, please attach as Exhibit C7c goal nZ 12a,G Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential lands areas or public or roads. 22. Change in pattern or character of general area of project. �l 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, X. such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services J (police, fire, water, sewage, etc. including special districts). J� 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. 0 Butte County Department of Development Services 0 Planning Division 0 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. 3-5-t 3 Date Signature -tT'TTE cqu'STV �pR 4 6 2403 sEP'o c s�vT K:\Planning\FORMS\Submittal\ENV-INFO.FRM 0 Butte County Department of Development Services 0 Planning Division 0 a w - R herford -' W Ann Miller, Michael Lommel, Lisa o a z ra a - 44 En Berger, Lewis, Sam & Becky a Vickie Sue �4 �4 4 - 43 .� S4 0 �� Y 42 Pierce ,'• .,� Ihle, John Lynne -�4 & Marguerite a Rohwe r , w Claud & Lynn w P4 a a39 Fortier, Stan & Emily w P4 0 U t. ` II Gore, Pat & x Sharon - W 1 137 - U dwards , ul Jim & Caro n ` o � 131• �.. . orehead, •t� Jon & Lois 35 ,. � J� s S i E HUMBOLDT COAD r � 3 0 aber, Ben U) �1 Kermen, � & Olivia HUMBOLDT ROAD /-� Borneman Virginia �t Jim & Kathy _ Poundstone, Scheuffele, Stockin 8 Patton Craig & Diane Morris , Al & Lucille L d g�` Wes & Jane Crowson Gaylord, Orendorff, Keith &���� / Ralph Mann, Crowson Y Doug & Barbara Steve & Al & Dwayne 9 Erma & Mary Helen (?� / Velma Lucylle G -- `® Korach, Nancy 26 - ( 23 22 EQ Kathy & Janice 1271- Rogers Don & Hel n _ + Boa + < 3 - - - U 1 o 11 122 jL31 15 ,-� L7D 18 Adams,Bob Browning, Casey,Kelly StileBlackstock PBaker, Benson, Maggi, , Champ Bill & Mike Etta Larry &Norman , Taylor, Betty Barbara Judy Walt & Dan & Ter Wm. & Patsy Betsy ' Janet -t� Marvin 4' 7�I o� rD TNN�y Petronave, JONES CREEK e�+� 1 Faye Brown, Jack JONESVILLE - 2001 (Not drawn to Scale) Tebo, -' Kristen KellWard� -BUTTE Y a- ► CoUN'g Y +��,,ewrvi.L1 G Mickey Trail MAR 0 6 2003 U Bechard, Bob & Kathy DEVELOpMENT SERVICES 0 50.00& LA 94rp- ADZ EA ulo. \4 ON' Ao BUTTE COUNTY MAR 0 6 2003 DEVELOPMENT SERVICES c n 1. �'n\� -� z :0 B11WE COUNTY DEPARTMENT 0 VELOPM NT SERVICES MA 2003 PLANNING DIVISION '/7V/40n v r 7 County Center Drive Aj o _ o Oroville, CA 95965-3397 7 R % 0 Telephone: (530) 538-7601 G` 17tyC a?443 °C�UN,�•�0 FAX: (530) 538-7785 "ille, C$ Ir. TO: Environmental Health MAR 1 2 2003 FROM: Mark Michelena, Butte County Planning Division SUBJECT: —P - equest for Comments on a Developments /Landse Application Chico, Califomi APPLICANT: Buce -an Sue Miller, Use Permit - UP 03-12 APN: 060-250-0033 DATE: March 11, 2003 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin. PROJECT LOCATION: on the et side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, `and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch County Supervisor District No: 5 ZONING: U (Unclassified) GENERAL PLAN: TM (Timber Mountain) If a response cannot be submitted prior to May_ 25, -2003, -please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for May 8, 2003 before the: 171 Planning Commission 1-1 Development Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): DEPARTMENT ORDEVELOPMENT SERVICES! PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: Public Works Director FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Bruce and Sue Miller, Use Permit - UP 03-12 APN: 060-250-003 DATE: March 11, 2003 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin. PROJECT LOCATION: on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch County Supervisor District No: 5 ZONING: U (Unclassified) GENERAL PLAN: TM (Timber Mountain) If a response cannot be submitted prior to May 25, 2003, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for May 8, .2003 before the: Planning Commission F-1 Development Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): By: Date: OF BUTTE LANG OrIVELOPMENT DN 4. 1 0 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Bruce and Sue Miller DATE: March 11, 2003 AGENT: APN: 060-250-003 FILE #: UP 03-12 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR. COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS 1. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 2. Prior to the issuance ofbuilding permits deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. 3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. 4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels except at approved access points. B. DRAINAGE 1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. _ 2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS 1. Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. RECEIVED MAR 9 I coutin OF 8UTQ LAND DEVy�),M'A[Pri NV, v'- • DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: California Department of Forestry FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: • Bruce and Sue Miller, Use Permit - UP 03-12 APN: 060-250-003 DATE: March 11, 2003 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin. PROJECT LOCATION: on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch County Supervisor District No: 5 ZONING: U (Unclassified) GENERAL PLAN: TM (Timber Mountain) If a response cannot be submitted prior May 2 , 2003, please call Mark Michelena at (530) 538-7376. You do not have to. respond t this quest if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for May 8, 2003 before the: Fx_1 Planning Commission 1-1 Development Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Bruce and Sue Miller DATE: March 11, 2003 AGENT: APN: 060-250-003 FILE #: UP 03-12 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. X2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. 8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. BUTTE Pacific Gas and Electric Company 460 Rio Lindo Avenue Don Chambers COUNTY Chico, CA 95926 Chico Land Rights Office 530/894-4423 MAR 14 2003 FAX 530/894-4414 DEVELOPMENT SERVICES March 13, 2003 Mr. Mark Michelena Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 RE: Minor Use Permit (Miller) File: MUP 03-12, APN: 060-250-003 Dear Mr. Michelena: We have reviewed the subject map. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. There shall be no building of structures, or the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist. Thank you for the opportunity to review this matter. If you have any questions, please call me in Chico at 894-4423. Sincerely, Donald W. Chambers Land Agent (file: MUP03-12.doc) AP 060-250-003 Bruce Miller UP 03-12 GO H :- p q a - A PPo pct Location ,r - a ° i yp ?k'>N' t � �' ,?' • �. pp , ,sF v.+�. tn.' a6 ...�a �g� .�` "tea• '$`s ,. 6•'' '8� u, '! , cps 4 � � Nu ra .6 �} ., �x'.b;PYX . �" "H' 1^."+ tr� .� �,,'*`j` k 66� ;i4•. 4'm'C� �'� ^� 4tU c-'--48�'.�s -�•••° �' � d k s � 3 � i 4 04 ```3 k , r •; , ; - 'Bgt .,. � W�X ,5* p K- - a•`F, �, `' rhe - 4 �' k A� @�' r� b �° � � _ °P'- s{ •y� E: , -,� � 1 �, , �(, ''F +$� ,:' �, ,,. ..'` . N, • s<� w •rat .yi Y ° aW" ti w a -q . «e R n r 4 I,* c yy } {$r 44 �,� 'c g� o (� a 4 .o- -04, y R_ P}` •aa+.vimim +excva,.- r d, .w, � a r � � 1L'. Ry 6 r �` �`` ' b4 �- N` N . '-'A" �\ ,� :i ¢ � a r•+ � �c � � +«� �� 2000 0 2000 4000 6000 80-00 1-0000 12000 14000 16000 18000 Feet BUTTE COUNTY PLANNINGC®MSSI®N Applicant: Bruce & Sue Miller Owner: Jonesville Cabin Owners, Inc. Hearing Date: Existing Zone: U (Unclassified) N Supervisorial Request: Use Permit to replace a pre-existing legal non -conforming structure (cabin) with a new, larger cabin. District # 3 Assessor Parcel No: 060-250-003 fie: UP 03-12 ' pkv\��'`y i. r t1w.. --jar. trcAiC--Ic% i t. -t.\- . . aer �eeaw.sr.. .+IQ., :I ! • '- rxr �^ T+. "r-ae^-r--ri;,c �c-,�e•..�. _ � s,�v^w -ij. `)'S . :'7' a.' .e�tr •tt 3 1 y�,.• +r �� � ar- +f LI lop _ `• F a i k a I ti i_ �fh� r�ll 2a7'�YO�:.'�w111 l� I 1 ll • ry� i !_ �� ". ..iC ^r•�f "'!A' ^";';r t;'+,'Ot 4��� �Q;n� CC'? fl`^S Q C,i^ una\�e�wmvacrf�•r:'"n"'S°��ca.�wr��`�itanraaec�,�e7.a..•c+.a�.,�enwrs�.s.: �srreca+.°'��s'esa S! -EO qT..1 :olo :)rd .rl.Ll rO ffSfii i 91+1'Je:,7'1% ;'mite d{() 1:�l1rl Lflc� �� 9JS?'t', :ItLL�lia(l�/ A 'airy,=SRO_ -f1•% 'I I(,^"II S� t+n:.r r :f' ILS(' A Ut LIT:"i) :i"' F00-1 1--000 :+)! firt+"I-1winw.d. 0 0 LEAD IN SHEET FILE NO: UP 03-12 AP# 060-250-003 APPLICANT: Bruce and Sue Miller, 9451 Jones Avenue, Durham CA 95938 PHONE#:: (530) 891-8035 OWNER: Bruce and Sue Miller REPRESENTATIVE: REQUEST: Use Permit for expansion of a legal nonconforming residence (cabin) Existing_ cabin will be demolished and replaced with a new, larger cabin SIZE: 90.0 acres LOCATION: on the west side of Jones Creek Road approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road at 9533 Jones Creek Road, Forest Ranch SUPERVISORIAL DISTRICT # 5 EXISTING ZONING: U (Unclassified) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: TM (Timber Mountain) APPLICABLE REGULATIONS: ASSIGNED PLANNER: Mark Michelena Date Application Received 03/06/03 Date Project Assigned 03/10/03 30 Day Complete ' 04/04/03 Preset Hearing Date 05/08/03 "DRAFT" LEAD IN SHEET FILE NO: ( a Y 0 3- 1 a AP# APPLICANT: Dr -U G( d- ,SU E�- m I c.CE2 O&v- aso - 0b3 CPvunotJ) OWNER: Swce d- SUE rK (Lcem-� CA -.6w ow,� � (/jC. REPRESENTATIVE: f)y7— C( d- S U L M (LGEr- PROPOSED REQUEST: (to be filled out by person taking in application) OS' fe4f'"7- Fa- �'xp�+vs«.., (Or CFL it t- A,0P-C0NfC)zMnyC—OEAJCeCC,-r9,.v)GJ,��rz*✓� Cj:Ri.v (;JtL(: C 06T"L/)(ft7)q A_Aj✓> )ZE-fcs+-eL-*q (y, rzf NE(.Ur FINAL REQUEST: (to be filled out by project planner) USE PEW-Yn EKP6'Q St orq OF A LEC -A(_ k/ o,,iCON FoP-n4 t A/ G e6s i 6QE/VCC- DEMccuS(JGO Anip AEPC,qCen Lo,'rH /vow LA2c--«2- Cfh/3iti/. SIZE: ��� U !-CAS LOCATION: O ti TH-(�- (.mr657-s,96--6r- .lo ,J 65 Ca-6�r-- fl --&A-0, APPP-cj�t wc, rez-f onu(^ - Lb o So\ -`j"1 -E-Pd 1- Ori-- rE-c�nti. OLo r-2d� AL 9r33 Jrj Nes eaE�� ,�a� lkecc rE,5 aKT /�-f+ Mcbt , rh/0- .✓?32sWCRUN ovo �fT/nsFloc o r SUPERVISORAL DISTRICT # EXISTING ZONING: � C,( GENERAL PLAN DESIGNATION: �FI M 6- M O UAJ T7I r ti (710 SZE-] Eel 121 Do 11 w WTI► I ► 124 : s` Date Application Received 3/b/03 Date Project Assigned610 30 Day Complete 1 L 3 Preset Hearing Date 51'�o3 PLANNERS INITIALS4 ! 1/2/ 0 County Offices and Cities: _ Chief Administrative Officer X Environmental Health _ Sheriff X LAFCo _ Biggs _ Oroville Information Systems Dept. X County Counsel Irrigation District: _ Butte Water _ OWID _ Table Mountain Irrigation Domestic Water _ Butte Water District OWID Sewer _ Butte Water District Skansen Subdivision (CSA 21) Fire Protection 0 - COMMENT DISTRIBUTION LIST X California Department of Forestry Recreation Districts _ Chico Area Recreation Paradise Recreation & Park Utilities PG&E North - Chico PG&E South - Oroville State Agencies _ CalTrans (Traffic) _ Forestry (Attn: Craig Carter) _ Central Reg. Water Quality Cont. _ Department of Conservation _ Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ Army Corps of Engineers Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Drainage _ Reclamation _ Butte Co. Mining Committee _Paradise Pines Com. Assoc. _Mosq. Abatement. Oroville/Butte Co X Develop. Services Director 7 Assesor _ BCAG _ Air Quality Mgmt. _ Gridley _ Paradise Animal Control —Biggs/W. Gridley Water _ Paradise Irrigation Thermalito Irrigation _California Water Service Co. Thermalito Irrigation District _ Themalito Irrigation L.O.A. PUD EI Medio Fire Protection District _ Durham Area Recreation Richvale Recreation & Parks Chambers Cable TV Viacom Cable TV _ Dept. of Water Resources _ Dept of Parks and Rec. _ Caltrans, Aeronautics Program Off. of Mining Reclamation _ US Bureau of Land Management National Marine Fisheries Sservice _ Community Association _ Butte Env.l Council _ Cal Native Plant Society _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy X Public Works Director _ Building Manager _ ALUC _ Butte Co. Farm Bureau _ Chico _ Chico Airport Commission Agricultural Commission _ Durham Irrigation _ Richvale Irrigation Other _ Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park Pacific Bell . _ Dept. of Fish and Game _ Highway Patrol Off. of Governmental & Env. Relations US Fish & Wildlife Service School Districts K:\Planning\Forms\DISTR.wF 0 0 DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Bruce and Sue Miller, Use Permit - UP 03-12 APN: 060-250-003 DATE: March 11, 2003 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit for expansion of a legal nonconforming residence (cabin). Existing cabin will be demolished and replaced with a new, larger cabin. PROJECT LOCATION: on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch County Supervisor District No: 5 ZONING: U (Unclassified) GENERAL PLAN: TM (Timber Mountain) If a response cannot be submitted prior to May 25, 2003, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for May 8, 2003 before the: Fx­1 Planning Commission F—lbevelopment Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): By: Date: ' °TN. SEC. 13; T.26N. R. 4E. M.D.B. &M. • 13 vv -LTJ 1'=400' 'cmim BY 00 NEW= CK ROM Br Do EFf�A4E �1-QZ .'Ral PMVIM nook 6Q, NO is' . ft aft i O1Boe ��I m I rp 'A Ti 73 rn fv 0 -4 -4 I -n Ti 73 rn fv 0 rn -4 -4 I -n 7:3 rn :,` - 42 Pierce, P4 M Ihle, John & Marguerite 40 0 R herford ,d a ,, w Ann Miller, Michael cn � Lommel, Lisa 0 a 0Q ' - o ra zs _ z Berger, ani Lewis, Sam & Bebky a Vickie Sue �4 �4 -P N � 4 3. .ilM1r.vlA��c� ti �O � ar :,` - 42 Pierce, Lynne M Ihle, John & Marguerite 40 El 0 Rohwer, , ,d Claud & Lynn w 39 Fortier, Stan & Emily 1 Gore, Pat & w Sharon 37 dwards , u) Jim & Caro n 0 orehead, b Jon & Lois a I 5 5 /E ' ROAD:--- HUMBOLDT R 114 { 33\ o aber, Ben 20 Kermen, m & Olivia HUMBOLDT ROAD i ` Borneman -Virginia m i ou Jim & Kathy Scheuffele, �{J.,��' Pounds tone, ✓ l g� ~-Patton Craig & Diane Morris, Al & Lucille i.� Stocking,-, Wes & Jane Crowson Gaylord, Orendorff, Keith & *nti.J�d Ralph Mann, Crowson Erma & T Doug & Barbara Steve & Al & Dwayne R�� Mary Helen (?J Nancy Velma Lucy! le 4 �� 23 Korach, 26 . 2 , f Kathy & Janice 27: Rogers, oa ' Don & Hel n _ _ y - i 9 .i 10 11 12 C3) 15 16 � 18 ` Adams,Bob Browning, Casey,Kelly Parsons,Roberts,Moore, Benson, Maggi, Stile Blackstock, Baker, Champ Bill & Mike Etta Larry &Norman Taylor, Betty Barbara Walt & Dan & Wm. & Marvin 4 Judy ? Patsy Betsy Terry Janet Tr!o� Petronave, JONES CREEK MFaye Brown, Jack TeboKristen .Kelly Ward,f� Ke 1 ly UT TE `%' B COUNTY d-- I Mickey Trail MAR 0 6 2003 T U Bechard, Bob & Kathy DEVELOPMENT SERVICES JONESVILLE - 2001 (Not drawn to Scale) I 0 50.0a4c G F- FE ENLA94E�b . AtZEA PA 6-T a 2. @ 20-5aick I USA PA IL.W CAVA BUTTE COUNTY MAR 0 6 200 DEVELOPMENT SERVICES E rt F-- T. I ', '/ • I 7z N �fn 0 T 0 0 y s O E rt F-- T. I ', '/ • I 7z N �fn 0 T 0 0 y s SF -F- A 94rE t> . Atz EA PAG -r F— 2 0 2a 0 25.oa4c 4� rTE fq--,�f4 GAP -,,t BUTTE COUNTY MAR 0'6 1003 _ DEVELOPMENT SERVICES 4- r" TO LARRY PAINTER REIM TO CHI -,CO Eli a SITE PLAN REVIEW APPLICATION Date: — AP# 0(0 0— Permit Number (if applicable) APPLICANT INFORMATION Parcel Size: Owners Name: Owners Address: q9 G 1 c) U n P 5 Pria lJu ( kaw Telephone No.: Situs Address: e c fe,e , J CUyw S O ) Proposed Use: Residential New Single Family Residential ❑ Single Family Addition ❑ Mobile Home ❑ Residential Accessory ❑ Permanent Second Dwelling ❑ Temporary Mobile Home (Aunt Minnie) ❑ Temporary Travel Trailer ❑ Multi -family Non-residential ❑ New Commercial ❑ Commercial Addition ❑ New Industrial ❑ Industrial Addition Other ® Septic ❑ Agricultural Exempt Building ❑ Other: Brief Explanation (if necessary): FE JAN 2 J 2003 �I r PtBUTTE COUNTY fV N NG DIV S CN ❑ Commercial Remodel ❑ Industrial Remodel ❑ Well DO NOT WRITE BELOW THIS LINE DEVELOPMENT SERVICES INFORMATION (For Staff Use) ❑ Approved ❑ Conditionally Approved O�Resolve Problems Prior to Approval ❑ Site Plan Stamped Approved By Date Page 1 of 5 w ALL ITEMS CHECKED APPLY TO THE PROPERTY .4 Parcel Is In: ' []Snow Load Area: ;000=SSoo Ft— ❑ Land Conservation Act Minimum Acreage: ❑ Verify residence can be built per contract ❑ Nitrate Action Plan (See Environmental Health for standards) ❑ Watershed Protection Overlay Zone (See attached standards and requirements) xpansive Soils (Test for expansive soils and if verified proper foundation design required) ~1` Lj SRA - (CDF to determine specific requirements) ❑ 100 -Year Flood Plain: (See attached) • Flood Zone: • Flood Panel No.: Index Date: ❑ Sacramento River Reclamation District (Approval must be obtained from the California Reclamation Board) ❑ Feather River Reclamation District (Approval must be obtained from the California Reclamation Board) ❑ North Chico Specific Plan (See Development Fees Section and attached standards and requirements) ❑ Chapman/Mulberry (See attached standards and requirements) ❑ Cohasset Area (See attached standards and requirements) ❑ Grading Zone (See attached handout) Use Requires: - �-- �Use Permit �~ ❑ 1Minor Use Permit ❑ Administrative Permit ] Minor Variance ❑ Variance 1z std � . -------------------------------a--. -.. ----------------------------------------------------------------------------------------- ❑ Detached Building Use Form ❑ Encroachment Permit ❑ Agricultural Worker Affidavit ❑ Agricultural Acknowledgement Statement Zoning:_U Applicable Building Setbacks: ❑ Setbacks drawn on site Plan. ❑ CDF approval needed for encroachments into SRA setbacks. Page 2 of 5 Zoning Code Streets & Highways Fire Prevention Subdivision Map Front IL a-0 Side 5 Side Street �d Rear 15 Height Waterway N/A N/A N/A ❑ Setbacks drawn on site Plan. ❑ CDF approval needed for encroachments into SRA setbacks. Page 2 of 5 80915 7nn Applicable Developn-Aent Fees: Standard Fees Amount ❑ Fire ❑ School* ❑ Parks/Recreation ❑ Roads ❑ Sheriff ❑ Drainage ❑ NCSP/CSA 87 ❑ Chico Urban Area — Road ❑ Thermalito Impact ❑ Other -------------------------------------- Subdivision Map Special Fees Formula ❑ Water Tender ❑ Road Improvement ❑ North Oroville Area ❑ Other (per map) * Check with school district to verify actual fee if pre -application review. A final determination will be made at the time of the building permit. Parcel Created By ❑ .Deeds: Date of Creation: Legal Access Provided: ❑ No Yes Deed of Reference: Legal Access equiredq No El Yes Parcel Frontage on Publicly Maintained Road: ❑ No es, Road Name: yvt o L -o -r Ro Complies with County Standards for Deed Creation:❑ No ❑ Yes Comments: [Parcel Deemed to be legal ❑ Verify Legal Parcel ❑ Verify Legal Access ❑Provide Deed of Creation ❑ Obtain a Certificate of Compliance ❑ Obtain a Merger . ❑ Obtain a Lot Line Adjustment ❑ Comply with Old Subdivision Lot Ordinance (Maps recorded prior to Book 17 of Maps Page 23). ❑ Construct road to: ❑ Meet Parcel size required by zone ❑ Meet current Environmental Health Department requirements Page 3 of 5 ❑ Subdivision Map/Parcel Map: Map Date of Recording: Lot: Book: Page: ❑ Use Permit/Minor Use Permit Permit Number: Date of Approval: Parcel Map/Subdivision Map/Use Permit Conditions ❑ Comply with the following Conditions of Approval: ❑ Meet the Fire Safe Regulations of Butte County and P.R.C. 4290 ❑ Automatic fire suppression sprinkler systems shall be installed in accordance with the National Fire Protection Association Standard for installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet the Fire Department specifications, serves the parcel. ❑ Wood stoves and fireplace inserts shall be EPA approved and designed to meet the emission requirements of the California Clean Air Act of 1988, as amended. ❑ Provide an erosion control plan for building and land disturbance. The Erosion Control Plan must be prepared by a registered civil engineer or other qualified professional and be submitted to and approved by the Department of Public Works. ❑ In lieu of a pressurized water system or water storage tank, payment into the appropriate Battalion Water Tender Fund may be required. ❑ Measures shall be taken to control fugitive dust emissions from all driveway and other civil construction associated with residential development. Approved dust control measures are found in the fugitive dust control plan for the site approved by the Butte County Air Quality Management District, a copy of which can be obtained from the Butte County Department of Development Services, Building Division." ❑ Engineered foundations are required. ❑ Class A roofs are required. ❑ Property owners responsible for roa INK Page 4 of 5 �i ❑ —1 0 Summary of Specific Requirements: Lo OA k — W — _ Llr.s � Ca�uUu.pteccc,� U1 -e dVr� Irsf��1 This information provided in this summary is based on the application information and on the best available data at the time of review. CALarryABuilding Permit Site Plan Reviewl.doc Page 5 of 5 BUTTE COUNTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH 7 County Center Drive Oroville, CA 95965 TEL: (530) 538-7281 FAX: (530) 538-2140 AP Owner's Name 411 Main Street P.O. Box 5364 TEL: (530) 891-2727 FAX: (530) 895-6512 TION FOR PERMIT TO CONSTRUCT A SEWAGE DISPOSAL SYSTEM - i zeal'e_ or's Parcel No.124-0 r003 Applicant's Name �����r�-z-� Phone No. 671-e6S.' CS -SOS Mailing Addresse-4-V 4W-7 ell-- 1. Construction Site 52 -Totes cue � �� �c�rvQs J , ten- (Street and number or direction and distance to nearest crossroad) 2. Lot Size feet x feet. acres 3. APPLICATION FOR: New system for new building k Auxiliary or secondary system ❑ Repair of or addition to old system ❑ New system to replace existing facilities ❑ 4. Type of building to be served by proposed system: Mobile Home ❑ House '5 Other ❑ (size __ ) No. Bedrooms Garbage disposal? No. Bedrooms / Garbage disposal? (specify) 5. Water supply for premises: (Must be safe, potable water) Community ❑ Private well ❑ Other Water supply for ajoining properties: Community ❑ Private well ❑ Other 6. WORKMEN'S COMPENSATION INSURANCE I am aware of the provisions of Section 3700 of the California Labor Code. Which requires every employer to be Insured against liability for Workmen's Compensation. ❑ 1 have placed an file with the County of Butte a certificate of Workmen's Compensation Insurance. ❑ I certify that In the performance of the work for which this permit Is Issued I shall not employ any person In any manner so as to become sublecl to the Workmen's Compensation Laws of California. SCALE PLOT PLAN TO BE FURNISHED Sketch to scale on reverse side hereof, or attach scale sketch of plot plan of the premises showing: a. Property lines. b. Location of all proposed and existing buildings, structures, driveways and parking areas. c. Location of large trees, rocks, or other obstacles. d. Location of any well, spring, creek or other body of water on the parcel and within 100feet of property line. e. Show direction and approximate amount of slope. f. Source of water. g. Water lines. h. Set back lines and easements. i. Proposed sewage disposal system and area for replacement. I hereby state that the information above and on the reverse side hereof or attached hereto is correct and true to the best of my knowledge. I understand that the permit must be obtained before any construction is begun either on the building or on the sewage disposal system, and that a satisfactory inspection of the system is required before the new building or dwelling may be occupied or the system backfilled, or put into use. I also understand that a safe otable water us be supplied to the new building or dwelling before occupancy can take place Sig Cd Owner 13 Authorized agent ❑ Licensed contractor ❑ Date (An original letter of authorization must accompany this application in order for an authorized agent to sign.) Legal parcel? Access Water plans cleared Comment S4 -579R FOR OFFICE USE ONLY Zoning- Use permits . Rcpt. No. _ � Amount f Potable water O MONO t G) 50.0a4c zap O 25.oa4c i= P� GAPst i� �V Environmental Health JAN 1 6 2003 Chico, California t-4 Zt, V L E:X I ST D t .` �� 7IfJ57ALL H e& 5�ic, TNN K & (-1) S7, 5' LEACH U+4 � P 130T r E CO, 4r:A L7H pr--PT, - �► . _ . ... ( Environmental Health a d► -2 ( J 01- E5 o4z5 k [zp, JAN 1 6 2003 Aq,r, -+4, 06c) -Z rDO Chico, Califomia A IV, C 777 M 0' t: - {- j _ r Gore, Pat & Sharon a R herford f37 ' a Ann Miller, Michael U dwards, 9Q r Lommel, Lisa LO Jim & Caro n ` a 0 3 h E91 '0 4 4 . z b a orehead, (' Berger, Jon & Lois a a) c Lewis, Sam & Becky a Vickie Sue 35 - P 4J zc 74 to / C� r .Jc_55iE 0 0 43 _ HUMBOLDTtOAD V 33 n aber, Ben cn 32 , Ker n, (D ar & Olivia HUMBOLDT ROAD` /;y Borneman Virginia Pierce 4 2 `• Ihle, John Lynne -� & Marguerite a Rohwer, 44ClaudClaud & Lynn w P4 F(3Fer, S& Emily w P4 0 U (� 1 Ho �� 1' Poundstone, Jim & Kathy Scheuffele Hot ki_ Stocking- 8 Patton �• Craig & Diane Morris Al & Lucill Orendorff, Ralph k Mann, Wes & Jane Doug & BarbaraSteve Crowson, Crowson Gaylord, Keith & Erma & T Al & Dwayne 9 Mary He �j+✓�i%� & �i2 - Korach, Nancy Velma 26 - Lucylle 4 `�/ 2 23 22 Rogers, Kathy & Janice 27: —�; Don & Hel a - - n L$,� U 10 11 1 �1 oa ® r11-5-1 Adams ,Bob Browning, Casey,Kelly Stile, Parsons Blackstock, Roberts Moore , L1J _ Baker, Benson, Maggi, V Champ Bill & Mike Walt & Dan & Etta Larry &Norman Taylor, Wm' & Betty Barbara/ Jud Judy Patsy Betsy Ter ' Marvin Janet _rdo�°tPsz�t/ Petr n' ve JONES CREEK ► Faye Brown, Jack si't�A 2A SCG , T JONESVILLE - 2001 (Not drawn to Scale) Tebo, Ward, Kristen Kelly Mickey Trail � 1 E7 Bechard, Bob & Kathy BUTTE COUNTY MAR 0 6 2003 DESERV C SST 1 fied)'arid.currently has`<a General Pian 'designs tion of;Timber.Mountaln E is zoned U (Unclas, sified). The property is,, located on the•west side' of Jones "Creek Aced (SPACE FOR FILING STAMP ONL approximately one quart; ter„ mile from the.'inter, section, •,'of';= Humboldt•'. Road -and:" Shake.. Mill.' IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, Road,' andf HumboldtS southeast of Humbold RoadIN AND FOR THE COUNTY OF BUTTE Creek --Road 3:.'Fo a is In The Matter Of Notice of Public Hearing. AFFIDAVIT OF PUBLICATION State of California SS. County of Butte The undersigned resident of the county of Butte, State of California, says: That I am, and at all time herein mentioned n was a citizen of the United States and not a party to nor interested in the above entitled matter; that I am the principal clerk of the printer and publisher of The Chico Enterprise -Record The Oroville Mercury -Register That said newspaper is one of general circula- tion as defined by Section 6000 Government Code of the State of California, Case No. 26796 by the Superior Court of the State of California, in and for the County of Butte; that said newspa- per at all times herein mentioned was printed and published daily in the City of Chico and County of Butte; that the notice of which the annexed is a true printed copy, was published in said newspaper on the following days: May 22, 03. Dated May 22, 2003. at Chico, California. 1 (Signat ) Ranch.','APN ?060-250; '003 (MM) (UP 03-12) NEGAATIVE DECLARATION/ L.;", USE PERMIT +BUTTE COUNTY ` ' I'_B . Darren` Chapta, PLANNING COMMISSION Use Permit fora kennel', No. I ,..11311GE 0 ,%!N for up:'to,.49' dogs on; PUBLIC HEARING AND y property zoned-"A-160:� NOTICE OF INTENT -TO,; (Agricultural -„16.0 acre: < ADOPT A MITIGATED':. pparcets):The property is' LNEGATIVE DECLARATION r located on the west•side; > Notice is hereby given of Cana , Pin6',ACras Py'. e"• Butte County Road_ ;approximate ly ,.t: Planningt;,Commission Imile,:'north`of•;Broyles- tfiat -public hearing will IR6ad,`,;at'4;15593:'Cana. tie', held=on June^ 12j Pine Creek Road, Chico 2003, in:the Butte�Coun; 1APN 047-060-056 (MM) ty Board of Supervisors (UP 03=08) , , Doom"County Admmis );,_ The initial 'study fol the, tration Center; 25:.Coun ipro 11'ect-identifies poten-; ttyyCenter.DriJes"Qroville; ball y,signif!cant •effects; California; at 9:00"a,rn,; but revisions in the piio regarding, the' following ject plans *of proposals item ,XQi%�,; }rfn made by or agreed:to by In accordance with the. the .;: applicant;' would' Calrfornia Environmental. avoid the�effects•or•mitp Quality:Act (CEQA) •an gate, the;='6 ects 'to a Initial- St I Ihas�been point -where clearly no Prepared;for,the' follow- significant effects would mg pprojecft r : ,l,;;I. y,,: occur. Therefore;' Plan, ' d-VEATED NEGATIVE,'L ping :Division staff is rec USE P RMIITs yr Negative Dec arationated A. `Bruce andRSue Vjhe',Initial Study and MIIWr, ;UseTPermityto Proposed7;=•Mitigated allow:. foilireplacement Negative Declaration for and.ezpansion ota legal this project are cn!file for nonconformmgdwelling public.. review "starting (cabm).4-,jher existing 'May 22, 2003 through cabin will be demolished 'June ' 11,'•2003; "at the. y_ �.: , ,;e Ntlrcei uivision, 7 County Can- is; zoned (1J (Unclassi- .ter Drive;'Oroville, Cali= fled) and c`urrently:has a fornia • and s the;;,Butt" GeneraiPlanldesigna, County;ChicocLitira ; tion;of;Timber, Mountain ,11.08. Sherman Aven antl is':ioned U (UiiclaSL Chico;,;CaliforniaT' Alf' Sified):1Tfie';property:�is interested' persons are: located '.t_, we§tside invited to review th doc of liones Creek; Road;; ument:2�WritteKiicoin- app roximately one-quar-•' merits will;be accepted ter mile `:from the inter:; by the Plannin,gg Division' sechon qdf Humboldt{ at the above address.: Roadkandlr Shake,. Mil), 5 if you. challenge either Road;, a ld', 260''Vfeet' the � Mitigated; Negative southeast'of; Humboldt; Declarabon'o�.the Use Road, at�9533''Dgpe's' Permitin-court,�you'may Creek j Road'i°Forest be limited to raising only Ranch :APN, 060-250.=those `issues;;'you. or 003 (AAM) , 03=12);5; someone else raised 'at INE GATIVE DE'.0 LARATION/. 'the „public `•; baring = rUSE.PERMIT` ;0' described in'this notice, s;B,;:Darren ;ChaP1a, or,injWrindn`correspon- Us.e Permit fora kennel -dance delivered to the for; up to `49 dog_— on, Planning Divisioh at; or. propertyJzonedkA i6Q Prior to; the public:hear- (Agncu tural'&160; acre in - . s. parcels) `The property is ( For further informahonj located on'the West side. regarding -,this,-,j- ecf,; ofrxCanatl`Pine Creek PPlease ;contact _Mark.. ,Road,- appproximately,',-i Markelem profect-plan-• mile:;•n=-'Tbf''Broyles ner,"at the Butte County: Roan; rat ,15593 ;Cana' Planning, , Division:,} at. -PineCreek Road„ Chico;' (530),538-7376..:.,' , ; : APN,047-060=056"(MM) JVONNE CHRISTOPHE.R, (UP 03-08);:,M �� �: �;, ; DIRECTOR OF f yTlie rnitial study for,the DEVELOPMENT SERVICES` project identifies pot6h' 292604 tially significant effects; Publish May,03t but revisions in the pro= r- jecfiplanpra proposals ' made by 'or agreed to_ by •_�� the applicant' would 3void.the:effects`or`_'MM_'_ COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE .... -...�� ,r 4,4% ...�...�.. . o r 'JUN 0 9'0 3 ~ 0.3 5 2 A � m A PB METER CA : _ 7128153 U.SPOSTAGE 060250003000 MANN AARON D 2303 E PARKSIDE DRIVE MOHAVE VALLEY AZ 86440 aurm C UNT y JUN 101003 DEVT ANT MANN303 T864403035 1503 05 06/14/03 RETURN TO SENDER MANN TEMPORARILY AWAY RETURN TO SENDER J �ia�=la�s�tliau�l;ara.i-�e�l�i1yaiars'illi,�;-�i�tali;lt�j�-�sa!atat'it�e��ss'i31!si :1 4 �� COUNTY OF BUTTE!' OFFICE OF PLANNING DEPA.I.ffMENT 7 COUNTY CENTER DRV OROVILLE, CALIFORNFA 99 349 ' RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE t060250003000 BABERYNJAMI R 0 BO -CHICO CA VIA 10 i so. 0 BurrE, COUNTY JUN 2 3 21:'23 DEVELOP'M&-,� SERVICES