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VAR 06-01_PLANNING
- SEPARATOR SHEET nvw 2 (c(`J - Daa vno,ecr xUmeen VFR. CXo — CJI I i PROJECT SUMMARY SHEET FILE NO.: VAR 06-01 PROJECT TYPE: Variance APN: 058-260-008 APPLICANT: David and Bonita Masarik ADDRESS: 11219 Dawn Terrace, Yankee Hill, CA 95965 PHONE: (530) 532-9583 OWNER: David and Bonita Masank ADDRESS: 11219 Dawn Terrace, Yankee Hill, CA 95965 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: to modify variance 85-22 (which allowed a 2-story non-residential structure in the side yard setback) by converting the structure into a residentail dwelling LOCATED: At the end of Dawn Terrace Road off of Sky Crest Drive (11219 Dawn Terrace) west side of Hwy 70, Yankee Hill PROPERTY ZONED: FR-10 (Foothill Recreational, 10-acre parcels) GENERAL PLAN DESIGNATION: FAR(Foothill Area Residential) TOWN/AREA: Yankee Hill 1. Application accepted: 7/25/2005 Amount:$2200.50 Receipt #: 434739 2. Assigned To: Mark Michelena 3. Comments sent to: 4. Sent to Inter-Departmental Review Committee (IDR): 5. Status Letter sent to applicant: 6. Date scheduled for IDR: 8/17/2005 7. Comments received from: ' 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: State Clearinghouse No. Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex.–CEQA# Other 11. Staff Report: Project Video: 12. Clearinghouse circulation required: Yes_ No Date Sent to SCH: 13. Publication Notice Written: Display Ad Prepared: 14. Notices Mailed: Number of Notices: 15. Newspaper Publication Date: 0 C P G B 16. Planning Commission Hearing(s): 11-1c,2— 0� Action taken: ' 17. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 18. Type Variance, send for signature: 19. N.O.E. /N.O.D. /APPENDIX G: Fish & Game Fees Paid: Yes No 20. Send validated Variance: 21. Assessor's Memo: 22. Copy of Variance to GIS: i I N 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: c cl \ ar��c� �CY1 QScutr {� 05S- - b O - O 0 ADDRESS: STREET,CITY,STATE,&ZIP CODE FILE NUMBER: (FOR OFFICE USE) �w NAME OF PROPOSED PROJECT(If y) TELEPHONE: S �o r d w e,11'IC530 g3 LOCATION OF PROJECT(Major cross streets and Address, ' any) GENERAL-INFORMATION REQUIRED: OWNER'SVIS TELEPHONE: ADDRESS: �_- CITY STAT &ZIP CODE: �� ZONE GENERAL PLAN EXISTING LAN SE SITE SIZE(in Square Feet or Acres) O 1=otsfilILLL I-\ISTING STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet) )rr t l;lei C� (Check One) (Check One ❑ ROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ❑PROPERTY IS OR PROPOSED TO BE ON SEPTIC M/PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED`.' ❑ GENERAL PLAN AMENDMENT ❑TENTATIVE SUBDIVISION MAP ❑ REZONE BUTTE ❑TENTATIVE PARCEL MAP ❑USE PERMIT COUNTY ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT JUL 2 5 2005 ❑ BOUNDARY LINE MODIFICATION [VARIANCE ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE DEVELOPMENT SERVICES ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER PROJECT.DESCRIPTION.: FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) F * b hob y,00 OWNER.CERTIFICATION .. I CERTIFYTHAT 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 wit is application.) DATE: .$ 4S SIGNATURE: 2 (/Zl J- KP,PORMSUlMPORM APPLICATION Page I of 2 AGENT AUTHORIZATION TO: Butte County, Department of Development Services: Phone Number( ) - Print Name Mailing,Address is hereby authorized to process the application for on my property, identified as Butte County Assessor Parcel Number: APN# - - Tliis 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) ki Print Name P nt Name ti j(?,� )0 ignature Signature Architect and/or Engineer: Phone Number Prinl Name oFAi•chitect/Engineer Mailing Address FOR OFFICE USE ONLY Verily: Date Received: Total Amount Received: 2. AP Number(s) Legal Description BUTTE COUNTYOwners Authorization Zoning Requirements JUL 5 2005 Project Description Copies of plot plan DEVELOPMENT Taken by: e:�1701r is To��J Receipt No. �YZZ3 SERVICES PW/LD16f/ Plan a . E.H. �`7T CDF J� 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# 22ac. so as of Make check payable to "Butte County Treasurer". KAFOR MS\UN I FORM APPLICATION Page 2 of 2 COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) Date Filed GENERAL INFORMATION: 1. Name and addres of owner, and/or. eveloper, and/ oject sponsor: CcL. G5RC�5 2. Address of project: fig`M ►_ Assessor's Parcel Number: 062— 3. Name, address, and telephone number of person to be contacted concerning this project: k f 121I V-4w�? i Egiouc-c E. .532-95 R3 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: P)�1�J�'i�ia 5. Existing general plan designation: 6. Existing zoning district: FOO+k 1 F K— I lhnk E R-160 7. How is land currently used? 2 0..l 8. Proposed use of site (Project for which this form is filed):aL t d2, tf n Project Description: -1 9 Site size (Acrac/Sq Feet) 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached: Yes V No 12. Proposed development schedule R ' b 13. Associated projects NY/K? 14. Anticipated incremental or phased development 5" BUTTE COUNTY JUL 2 5 2005 ❑ Butte County Department of Development Services ❑ Planning Division O'DEVELOPMENT SERVICES 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. t2}AA0_.c- AV Li- 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. l,(/� 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 permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES 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 areas or public lands or roads. / 22. Change in pattern or character of general area of project. V 23. Significant amounts of solid waste or litter. V 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. D Butte County Department of Development Services D Planning Division O • 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. �c�r,��� � 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 herebycertify that the statements furnished above and in the attached exhibits resent the data and Y P 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. -72SoS ` 1 Date ignature K:\Planning\FORMS\Submittal\ENV-INFO.FRM 0 Butte County Department of Development Services 0 Planning Division 0 Tuesday,July 26,2005 Development Services PLANNING DIVISION ver. 1.0 Counter -- -- DDS Planning ' $1,774.00 Person Chris (General Fund) Payment Date 7/25/2005 Public Works $161.00 (Land Development) Receipt Number 434739 Environmental Health $143.00 Received From Masarik, David& Bonita CDF(Fire Department) $54.00 Applicant Same NOD/NOE $36.00 (Recording Fee) Aunt Minnie $0.00 Application Number VAR 06-01 w $1, 500 or$2,000 or In Reference To — Planning Review/EIR $0.00 Parcel Number 058-260-059 Fish/Game $0.00 Check Number/Cash 1035 ALUC $0.00 (Airport Land Use) Total Received 2,200.50 Non Sufficient $0.00 __ Funds ($25.00 Fee) Total Fees $2,200.50 cell Tower $0.00 1($2500.00) Public Sales I Copies $0.00 Other: $32.50 COUNTY OF BUTTE OFFICIAL RECEIPT 434739 I y I' r OFF CE OR DEPARTMENT ISSUING RECEIPT (+/ 20� Received from ����t c� i= 7E'I;1 e 1106�G i^/4ZZ, The Sum of rr.h TtI n�',O*,d. Iti) Yo,, d vcdh r For a Received: 1-/ I Received By i j CASH ❑ Title p 1 I CHECK 1�3 S y DAVCO BUSINESS FORMS•(530)743.8511 Fonn 84702 ' i r1-]. iacy S� tY t, 9. �.... f � kyr dr, 11 42884223`y*434 ` W`,MASARIK � DAVID. �t , " �y t" � 1��' r�tt�01210437x1i, � SON ITA,MASARIK� #,�ik it'11219 DAWN ITER y : I 1 r 1> a z'r� y ' Date "t i` OROVILLEtCA3w9596 ,k,,,g �sr {�� N 5 {r � •- �" .sc 8",F G k 3 , �d t ""..•-.- + r. g M�'v'� i`i6�' A J.yr*t ''' yazZ"% i t + f; �' •!. ,y''.'1 W _, ti i.- v, fi. trq " e^ ' y 1�' ,_a�hst t - I,u•! -.r+'+. 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Rw�d4 <'7.'fi SF. 3 y COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASUR.ER'S RECEIPT OROVILLE, CA ATR NO 06763 RECEIVED FROM PLANNING BAG 0 330 DATE 7126/2006 FUND FUND DEPT. ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 7r26 RECEIPTS: 434739-434755 PLANA+IIAIG AP PL FEES GENL 0010 440001 4210900 101001 4,972.00 Project Number .� Amount of Fee APN 058-260.059-DAVID&BONITA MASARIK-VAR 06-01 $1,774 APN 071-300-023-DONNA CLARK-TPM 05-02 $3,198 LAND DEVELOPMENT GENL 0010 440004 4611700 101001 552.00 Project Number Amount of Fee AFN 058-213G-059-DAVID&E30NITA WASAR11<-VAR 06-01 $161 APN 071-300-023-DONNA CLARK-TPM 0642 $491 ENVIRONMENTAL I-ILTI-I - GENL 0010 5MM 4614901 101001 385.00 Project Number ' Amount of Fee APS!G68-200-059-DAVID&BONITA MASARIK-VAR OMI _ r $143 APN 071-301W23-DONNA CLARK-TPM 05.02 $242 FIRE PLNG APPL FEE FIRE PROTECT mo 4617240 101001 317.00 Project Number Amount of Fee APN 058-261:1-059-DAVID&BONITA MASARIK-VAR 66-01 $54 APN 071-300.0.23-DONNA CLARK-TPM 06-02 $263 NODINOE CLERK'S FILING FE:GENL 01110 470001 4612319 101001 72.00 ($36)-Project Number Amount of Fee APN 068-260-059-DAVID&BONITA MASARIK.-VAR 00-01 $36 APN 071-30D-023-DONNA CLARK-TPM G6-02 $36 AGRICULTURE AG.FEE 0010 ARMI 4612100 101061 65.00 Project Number Amount of Fee APN 058-21'30-069-DAVID&BONITA Ib1ASARIK-VAR 06-01 $32.60 APN 071-300-023-DONNA CLARK-TPM Of-02 $32.60 TOTAL $ 6,463.00 I - I APPROVED BY: RECEIVED BY: AUDITOR-CON-TROLLER TREASURER Z mite=treasurer pink -auditor canarf=depositor golden ro&flle L VARIANCE 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 1. ❑ A completed, signed, Uniform Application and Environmental Information form. If the application is signed by an agent for the property owner,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.. . 2. ❑ L a ment�of the currently required Application Fee.�_Z 2 �. r 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 no greater than 24" X 36".The finished plans all be folded to 8 1/2" x 11". The detailed site plan must include: I/Name a. ❑ and address of Applicant,Engineer,Architect,and/or person who prepared the plan BUTT/ COUNTy 4 b. ❑ Property lines and lot dimensions,\// p Y � .AUL 2 5 2005 DEVELOPMpNT- C. ❑ Assessor Parcel Number(s) and the street address. SERVICES d. ❑ 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). e. ❑ Distances from any significant natural and man-made features of the property, such V/ Is streets, access roa s, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads o t e property fine, f. ❑ North arrow and scale of drawing. All plans shall be drawn to an engineering scale /r with the preferred scale of 1"=20',with a north arrow preferably oriented to the top V of sheet. IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 pip � ❑ =plans " x 1" nsparen coon o he t ed site plan. lear and legible. 4. NECESSARY. FINDINGS OF FACT Eich zoning classification and land use has an associated set of development standards which are specified in the Butte County Zoning Code. The California Government Code Section 65906 and 65906.5 and the Butte County Zoning Code establish findings which must be made in order to grant variances from these standards where unique circumstances exist to warrant relief from the strict application of these standards. Variances from the terms of the Zoning,Code may be granted only when,because of special circumstances applicable to the subject property, including size, shape,topography,locafio n, or surroundings,the`strict application of the Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any Variance granted maybe subject to conditions that will assure that the deviation shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. Variances can not be granted for reductions in lot size,increases in residential density, increase in lot coverage, or for uses not permitted in a zone. The courts have clearly indicated that variances are not intended to rewrite the County Code and can only be granted if all the findings listed below are made. Further, the courts have indicated the actual, factual basis for these findings must be stated. THE PLANNING COMMISSION DECISION IS FINAL UNLESS APPEALED TO THE BOARD OF SUPERVISORS WITHIN 10 CALENDAR DAYS. To be completed by Applicant (attach additional sheets if necessary): a. The,following exceptional or extraordinary circi-imstances apply to th question which do not apply generally to other property under identical zoning classification: 60 b. The granting of the Variance is necessary for the preservation and enjoyment of substantial property rights is supported by the following: S IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 c. The granting of the Variance will not adversely affect the neighborhood or be.detrimental to the public health,safety,or welfare,or adversely affect property improvements in the neighborhood and zone in which the property is located in that: Additional information may be required in order to clarify,amplify,corrector 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: Date: 21z5x(M-4 Applicant/Representative Signature: Date: 7 2 0 57 Planning Receivft Application K:\rorms\submital\variance.rnn revised 4/22/96 BKH IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte LS LS 25 County Center Drive i Oroville, CA 95965 NOV 7` 200,5 R Project Title: Variance, VAR 06-01 C DACE J. MS,E - CO.CLERK B _ ut?UTYF Assessor's Parcel No.: 058-260-008 Applicant: David and Bonita Masarik, 11219 Dawn Terrace, Yankee Hill, CA 95965 Project Location-Specific: At the end of Dawn Terrace Road off of Sky Crest Drive (11219 Dawn Terrace)west side of Hwy 70, Yankee..Hill Project Location-City: Yankee Hill' Project Location-County: Butte Description of Nature, Purpose and Beneficiaries;.of.- Project: to modify variance 85-22 (which allowed a 2-story non-residential structure in the side yard'setback) by converting the structure into a residentail dwelling Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) Ministerial (Sec. 15073) Declared Emergency [Sec. 15071(a)] _ Emergency Project [Sec. 15071 (b)and (c)] X Categorical Exemption. 15303 (c) Statutorily Exempt— 15274(a) Reasons why project is exempt: A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Contact Person: Mark Michelena Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Tim Sr1ellings, De ve nt Services Director DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT David and Bonita Masarik 11219 Dawn Terrace Yankee Hill, CA 95965 FILING NO. Project Title/File Number: Variance,VAR 06-01 APN: 058-260-008 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ( ) B.. De Minimis Impact- Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee .2. NOTICE OF DETERMINATION-FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipts)#434739 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planninp,Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department.of Development Services Date: November 15, 2005 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. APPENDIX A COUPI'IV OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROViLLE, CA ATR NO 06763 RECEIVED FROM PLANNING BAG 0 330 DATE 712612006 FUND FUND DEPT. ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 7125 RECEIPTS: 434739434755 - PLANNING APPL FEES, GENL 09310 440001 4210500 101001 4,972-00 Project Number Amount of Fee APN 058-280-059-DAVID&BONITA MASARIK7VAR 0501 . $1,774 APN"071-3G0-023-DONNA CLARK-iPM 0B-02 $3,998 LAPID DEVELOPMENT GENL 0010 440004 4511700 101001 652.00 Project Plumber Amount of Fee APN 058-25G-059-DAVID&130NITA MASARIK-VAR 06-01 X189 APN 071-300-023-DONNA CLARK-TPM 06-02 $491 ENVIRONMENTAL FILTH GENL 0010 .54OW3 4514901 101001 385.00 Project Plumber Amount of Fee APS! G58-200-05&DAVID&BONITA MASARIK-VAR 00-G9 a _. . .. .__ $143 APN 071-300-023-00NNA CLARK-TPM 0502 $242 t FIRE PLNG APDL FEE FIRE PROTECT 0100 4617240 101001 317.00 Project Number Amount of Fee APN 058-250-059-1)AVID&BONITA MASARIK-VAR 0501 $54 APN 07.1-300-023-DONNA CLARK-TPM 0502 $283 NODINOE CLERI'C'S FILING FE GENL 0010 470001 4592319 101001 72.00 ($35) Project Plumber _ Amount of Fee APN 058&2$0-059--DAViD&BONITA MASARIK-VAR GS-01 $36 APN 071-300-023-DONNA CLARK-TPM 0502 $36 .AGRICULTURE ACs FEE 0010 450001 4612100 101001 55.00 Project Number Amount of Fee APN 058-2$0-059-1)AVID&BONITA NIASARIK-VAR Ota-01 $32.50 APN 1071-300-023-DONNA CLARK-TAM QSQ2 $32.50 TOTAL $ 6, 163:00 APPROVED BY: RECEIVED BY: AUDITOR-CONJROLLER TREASURER Ind: white=treas"urer pink=auditor carar�--depositor golden ro&file NOTICE OF DETERMINATION ll l� h �I16 : TO: ® Butte County Clerk Qp� _ 6 � M u ❑ Office of Planning and Research _ 1400 Tenth Street CANPK�i P.O. Box 3044 Sacramento, CA 95812-3044 FILING NO. FROM: Butte County Department of Development Services,Planning 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 028-030-028 Project Title: UP 04N-25,Use Permit Applicant: John and Debra Folsom, 1021 Lower Honcut Road,Oroville, CA 95966 Contact Person: Stephen Betts Telephone Number: 538-7601 Project Description: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 Project Location: on the north side of lower Honcut Road,approximately 2.5 miles east of SR-70, at 1021 Lower Honcut State Clearinghouse Number (If submitted to clearinghouse): This is to advise that the Butte County Planning Commission has approved the above-described project on January 24, 2005, and has made the following determinations regarding the above-described project: 1. The project❑will,X will not,have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures X were, ❑were not,made a condition of the approval of the project. 5. A statement of overriding considerations ❑was, X was not, adopted for this project. . This is to certify that the final E1R, with comments and responses and record of project approval,is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center ve Oro *Ile, CA 95 65 Y onne C opher Director-D elopment Services r Miti ation Measures: 1. Mitigation Measure# 1: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. C. Water shall be applied to disturbed areas a minimum of two (2) times per day or more as necessary. d. On-site vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 &205 (Nuisance and Fugitive Dust Emissions). f. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. g. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. Plan Requirements: This note shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services shall ensure that this note is placed on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District-inspectors shall respond to nuisance complaints. 2. Mitigation Measure# 2: Should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads.and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall i' 0 be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: This note shall be placed on all building and site development plans. Timing: This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered, the landowner shall notify the Department of Development Services and a professional archaeologist. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 3. Mitigation Measure#3: The kennel operator shall pick up solid wastes from the dogs-at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health Division. All water runoff from cleaning of the kennel floors shall drain into an approved septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The mitigation measure shall be adhered to during the entire operational life of the kennel. Monitoring: The kennel operator shall be responsible for picking up dog wastes at least once per day and disposing of them in an approved on-site septic system. The kennel operator shall be responsible for ensuring that drainage from cleaning of the kennel floors drains into the septic system. The Department of Development Services, the Environmental Health Division, and the Animal Control Division shall respond to complaints concerning odors and contaminated water runoff. DECLARATION OF FEES DUE l0 • (California Fish and Game Code Section 711.4) Name and address of applicant: John and'Debra Folsom 1021 Lower Honcut Road Oroville, CA 95966 Project Title/File Number: Use Permit, UP 04N-25 APN: 028-030-028 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/ STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt . $36.00 Clerk's Documentary Handling Fee X, B. De Minimis Impact- Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. OTHER(Specify) ❑ $36.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. X PAYMENT: The above fees have been paid. See attached receipt(s): # 395591 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Yvonne Christopher Title: Director- Development Services Lead Agency: Butte County Department of Development Services Date: January 24, 2005 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c,Title 14,California Code of Regulations) Project Title/Butte County Location: UP 04N-25, on the north side of lower Honcut Road, approximately 2.5 miles east of SR-70, at 1021 Lower Honcut Project Description: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an Initial Study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence,rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. oByy: *DJtophector- / elopmeServices Lead Agency: County of Butte Date: March 30, 2005 l Coin OF a AUDITOR'S CERWICATE AND TREA SUREWS RECEIPT DROM LLE,.CA ` ATP. NO 73295 RECEIVED FROM PLANNING BAG 0 3�� DATE 411512604 FUND FUND DEPT ACCT CASH DESCR€PT€GN TITLE CODE CODE CGDE CODE AMOUNT DEPOSIT DATE: Ally RECEIPTS: 4114 PLANNING APDL FEES GENL 0010 440WI 421'800 1€11001 6,845.31 Project Number = Amount of Fee APN:DM41-027 MT"AS R°1 PK UP04 24 $700.00 APN: -341-0127 &4T VIS RV PK UP04-24 $2,270.00 APN:028-M-M t IGHST CHET IN UP04 25 922,570.00 LAND DEVELOPMENT GEHL 06io 4_A=4 46`11703 10`9001 330-00 Project Nuinber Amount of Fee APN:O�M-341-02-7 MT IAS RV PK OF 34 24 $ e5.3.00 APN:M-a41,-027 MT'VIS RV Pr LtPO4 24 $ 15.0 l4PN:M- -6M :HIG-HST RET(€V UES 25 $ 165.00 ENMRONMENTAL HLTH GENL Colo 540003 46145]1 101001 370.00 Project Number Amount of Fee A PN:M-341-627 €IT VIS RV PK UP04-24 $iwo3 AP64:02$-030-M E-€€(aHST RET IN UP04-25 $181.00 FIFE PLNG APPL FEE FIRE PROTECT 0100 4SIT241.0 1€11001 86.00 Project.Number Amount of Fee APN:OM 3414)27 MT VIS RV PK UPa4-Z4 $43.00 APN:0284131-023 HIGHST RET IN UP0425 $43.00 NODMOE CLERK'S FILING FEE GENL 0810 470M1 4652315 101€01 72.00 (S36) Pmject Number Amount of Fee A.PN:F -34i-0217 Edi 1 %A9 RV PK UPOA-24 9.E9i➢ APN:02S-M- d H€GHST Rt'1h€UP04-25 $36.00 DOCUME NTIC–OPY SALES GEHL 0110 4441 I 4711340 101001 2'5.10 TOTAL 7s728.41 APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER , TREASURER Bir: By- /- ILBFT,,,. -' �. 70 DECLARATION DRIVE, SUITE 101 CHICO, CALIFORNIA 95973 D= (530)899-9503 NGINEERING FAX(530)899-9649 COUNN7Y December 12, 2005 DEC 13 2005 DEVELOPMENT SERVICES California Regional Water Quality Control Board Copy Central Valley Region415 Knollcrest Drive, Suite 100 Redding, California 96002 Attn: Mary Randall _ Subject: Addendum to the.Report of Waste Discharge (The Reserve Subdivision ) Dear Mary: Please find the Addendum to the Technical Report of Waste Discharge included with this letter. This addendum has been prepared in response to the new set of comments dated September 9, 2005 received from the RWQCB and represents the third submittal for Waste Discharge Requirements for this project. It is our intention to fully meet the requirements of the RWQCB with the submittal of this addendum. Please call with any questions and/or concerns.you may have. Thank you for your assistance. Sincerely, Gilbert Engineering Wesley E. Gilbert, P nci 1 Jon Fe' ` Assist En ineer Enc es Cc: Chuck Jones Doug Fogel, Butte County Environmental Health Division, Oroville Cliff Bottenfield, Butte County Environmental Health Division, Chico Butte County Planning Division, Oroville J Stuart Edell, Butte County Public Works Department, Oroville reserve2I 1225.01 CIVIL ENGINEERING•SURVEYING•PLANNING•PROJECT DEVELOPMENT a cl r � t . V � California .Regional Water Quality Control Board Central Valley g-Re ion PhD Arnold Schwa ne Alan C.Lloyd, �e gger Secretaryfor Redding Office Governor Environmental 415 Knollcrest Drive,Suite 100,Redding,California 96002 Protection Phone(530)2244845-FAX(530)2244857 http://www.waterboards.ca.gov 9 September 2005 Chuck Jones 5512 River Avenue Newport Beach, CA 92663 INCOMPLETE REPORT OF WASTE DISCHARGE, THE RESERVE SUBDIVISION, DURHAM,BUTTE COUNTY On 10 August 2005, Gilbert Engineering provided an amended Report of Waste Discharge (ROWD), including a filing fee and revised technical report (Report), for the subject facility. The appropriate filing fee was submitted and many of the comments raised in our ROWD review letter, dated 5 November 2004,were satisfactorily addressed. However,the ROWD is still incomplete because not all of the comments were satisfactorily addressed and additional comments were noted, some of them due to additional information being provided (e.g., groundwater monitoring data, precipitation data). Our comments are provided below. 1. Groundwater Data-A discussion of groundwater monitoring is provided on Page.13 of the Report and the data are provided in Appendix.D. Groundwater levels in seven monitoring wells were monitored over the most recent wet season. Most of the time the wells were dry. With one exception(8.69 feet in MW4), groundwater when found, occurred at between 9 and 10 feet below the top.of casing;which was approximately one-foot above the ground surface. The following groundwater information was not included in the Report. Ground surface elevation at each monitoring well. ✓o Elevation of each measuring point (e.g., top of casing). Ej�Lout )0,N;A V"J_ Ma�'T'pr�1 NES �M `-T Groundwater surface elevation for each measurement. a Groundwater flow.direction and gradient each time the wells were measured(assuming there was a sufficient number of appropriately configured wells to calculate a flow direction and gradient). . — .PAgE- 4 1 7171: APPF1JbJ X IR ✓o Groundwater mounding calculations. — p��E 3 l .i:P _c5 . Af Fee i oIX SNS Depth to and elevation of highest anticipated groundwater taking mounding into account. — PA eq E 3 California Environmental Protection Agency ��� ' t �� Recycled Paper Chuck Jones - 2 , 9 September 2005 2. Wastewater Disposal—Primary and replacement disposal fields are proposed. The Report states that the disposal fields will be oversized by 50 percent and divided into two halves, each half operated on a three-month rotation. Effluent will be pumped from storage tanks to the appropriate disposal area sector and distributed in leaching trenches via two-inch pressurized lines having '/4-inch holes 10 feet on center. Leaching trenches will be three feet wide.. JM C_ `—The Report does not provide a rationale or give technical references supporting the proposed disposal method, i.e.; disposal field size increase with rotational operation. We are concerned that under this operating scheme the applied water will always exceed the design loading rate by 50 percent and we have no information (e.g.,peer reviewed studies or texts) concluding that rotating the disposal fields would offset this apparently negative design characteristic. Furthermore, leach fields in constant operation eventually form a biomat that is thought to be a major factor in pathogen reduction. We are uncertain whether an effective.biomat would form and be maintained under the current proposal.- Should the field be doubled in size and operated on a longer rotation &.g., one year), we would have no such concerns. Alternatively, the leach field niay be operated year-round at the proposed size (50 percenttover design loading). If the design engineer demonstrates that an additional factor of safety is unnecessary, we would not object to full time operation at the design loading rate. .—- PAc-ic- 4 J_ '11= — The Report does not provide rationale, references, or calculations for sizing and spacing pipe perforations (the 10 foot spacing of%-inch pipe perforations appears excessive according'to our experience) and how the perforations will.be drilled(how and how well the holes are drilled can have a significant affect on their performance). -- PA ,7_nP`-� Locations of Percolation Tests—The Report does not include locations for the percolation tests. - PA4E 9- FP.� • a a� �'� L-4. Setback from Existing Nell.—As discussed in our previous comment letter, there would be approximately 100 feet separating the primary leach field and an existing domestic well on an adjacent property. The Report explains that this separation distance should be adequate, "Based on the quality of the soil, results from the percolation tests, and the high quality of the polished effluent �N1 where is no "standard residential setback"for community leach fields. The 100 foot setback applies only to individual leach fields. However, we believe that almost 13,000 gpd entering a community leach f eld as opposed 280 gpd from a single home warrants a setback distance greater than 100 feet or at the very least a detailed justification ofthe 100 foot distance. We suggest that you discuss the proposed leach field and its proximity to the well with the well's owner. We ask that you provide the. name of the well owner and contact information, including a telephone number, to this office. � � FPS APPEN D Lx "A Setback from Property Boundary—The Report indicates (Figure No. 6, Page 14) that a'30-foot separation will be provided between the leach fields and the nearest property boundary. . Minimum separation from property boundaries,for a.disposal field at a single residence, is S0 feet, according to the "Guidelines for Waste Disposal from Land Developments" (Central Valley Regional Water Quality_Control Board). For a community leach field, more than 50 feet may be warranted. — PA EjE 5 TP AX ootx "a'` 'Chuck Jones - 3 - 9 September 2005 6. Peaking Factors—A peaking factor was apparently not used in collection system design. It may be appropriate to base a peaking factor for sizing of collection system piping on the output of a single septic tank effluent pump times a certain number of pumps running at once. However a peaking factor is applied, calculations should be shown and calculation methods'referenced. PA 61'G- 51 3=P . S If you have any questions, please contact me at(530) 224-3249 or the letterhead address. Ray Bruun;P.E. . WRC Engineer Shasta-Cascade Watershed RB:.sde cc: Doug Fogel, Butte County Environmental Health Division, Oroville Cliff Bottenfield, Butte County Environmental Health Division, Chico Butte County Planning Division, Oroville Stuart Edell, Butte County Public Works Department, Oroville Jon Fein, Gilbert Engineering, Chico 1 ADDENDUM TO TECHNICAL REPORT FOR t WASTE DISCHARGE REQUIREMENTS PREPARED FOR AND GOVERNED BY: CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION. 1 _I ' PROJECT OWNED BY: THE RESERVE SUBDIVISION JONES &MATTHEWS RANCH, INCORPORATED Contact—Chuck Jones 949.497.4041 phone . QROFESZO S/p 3 No. 31689 * Exp.12/31/06 sr cwt c u��``' 1 Zl, Z1o� PREPARED BY: 1 GILBERT ENGINEERING Chico, California 530.899.9503 phone 530.899.9649 fax 1 DECEMBER,.2005 i 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 r TABLE OF CONTENTS j BACKGROUND ' COMMENT 1..............................................................................................................................3 COMMENT2..............................................................................................................................4 COMMENT3...............................................................:..............................................................4 t COMMENT 4............................................................................................................................ .4 COMMENT 5 5 COMMENT6..............................................:............................................................................. .5 CONCLUSIONS AND RECOMMENDATIONS.................................................................... .5 ' APPENDICES: Appendix A—Revised Site Plan Maps .Appendix B —California Department of Water Resources Groundwater Inventory Analysis ' Information Appendix C Department of Water Resources Well No. 21NO1E26K001M Data Appendix D—Revised Groundwater Monitoring Log Sheets Appendix E=MoundHT Supporting Information and Results t . ii ' BACKGROUND ' This Addendum to Technical Report for Waste Discharge Requirements has been prepared to supplement the amended report submitted August 10, 2005 to the Regional Water Quality Control Board (the Board). An annotated copy of the comments provided by the RWQCB has been attached with this addendum. The purpose of this addendum is to address these comments satisfactorily to deem the Report of Waste Discharge complete and begin preparation of Waste Discharge Requirements. For clarification, each comment is addressed sequentially below. COMMENT 1: GROUNDWATER DATA ' A correction has been made to the groundwater monitoring data submitted with the original Technical Report for Waste Discharge Requirements. Monitoring logs originally submitted ' indicated that groundwater was found on one occasion(8.69 feet in MW-1). After referring to groundwater monitoring field notes it was found that no groundwater was discovered in this well. Groundwater monitoring was performed using a 100-foot tape with a 1-foot indicator ' device at the end. When entering the data for this measurement into the report, this 1-foot indicator was not taken into account. The actual measurement as should be reported is 9.69 feet to the bottom of the well from the top of the casing. All other readings are correct as shown. ' Groundwater Monitoring Log Sheets have been revised to include ground surface elevations at each well and distances from the ground surface to the top of casing at each well, labeled"Ht. to T.O.C." ,. Please find the revised Groundwater Monitoring Log Sheets attached with this report as Appendix "D". No groundwater was encountered in any well on this project during monitoring. The California Department of Water Resources conducts groundwater monitoring of a well approximately 500 ! ' feet east of the project area(well no. 21NO1E26K001M). Data collected at this well over the past 12 years has been included with this addendum as Appendix "C". The maximum measured elevation of groundwater in this well was 131.6 feet. This represents a total separation from tground surface to groundwater of 18.9 feet. The average depth to groundwater measured at this ! well was found to be 44.2 feet..It is not economically efficient to install monitoring wells to this depth with data from an adjacent well so readily available. 1 Groundwater mounding calculations have been performed on the proposed disposal system. The program"MoundHT" (Finnemore, 92-93) was utilized to perform these calculations. The maximum mound height under the disposal area after 120 days of use was calculated to be 0.799 feet above the surface of the aquifer. The mound height calculated at time t= 1,825 days(5 years) was found to be 1.167 feet. Taking the five-year mound into account, the highest ! ' anticipated groundwater elevation at the project site is 132.77 feet. Groundwater mounding will not pose a problem with this project. Elevations at the bottom of the leach trenches will be t approximately 154.5 feet. This represents a total separation of.21.73 feet. For data values and calculations used in conjunction with the MoundHT program, see Appendix "E".. i i ! 3 i ' I ' In the Department of Water Resources "Butte County Groundwater Inventory Analysis" dated February 2005, groundwater flow direction and gradient information is given for the Durham= ' Dayton area and is included in Appendix `B". Groundwater flow direction was found to be generally south to southwest at a gradient of approximately 5 feet per mile. ' COMMENT 2: WASTEWATER DISPOSAL ' The original disposal field design has been altered to address the Board's concerns regarding formation of an effective Biomat and overloading the system. The original design size and layout of the disposal field will remain unchanged (oversized by 50%). However, there will be ' no rotation between the "zones" as originally indicated. A distribution valve will regulate the effluent between all areas equally; ensuring proper development of the Biomat. Also, oversizing the system will help stave off saturation of the soil within the disposal field area -t The size and spacing of pipe perforations specified in the original report was incorrect. The correct layout for the perforations is as follows; '/4".perforation spaced at 2' intervals along the length of the pipe. A contractor familiar with the installation of wastewater disposal systems will install perforations. All drill holes will be scoured and cleaned to remove debris created during the drilling process. COMMENT 3: LOCATIONS OF PERCOLATION TESTS ' Please refer to the revised map titled"Soil Test Locations" included with this report in Appendix "A" for percolation testing site locations. tCOMMENT 4: SETBACK FROM EXISTING WELL In response to the Board's comment regarding the 100' setback from the well located on APN 039-240-060, the disposal field has been relocated to maintain a 300' setback from this well. ' This should provide sufficient distance from the existing well as to avoid any potential contamination. The developer has been advised to contact the landowner. Percolation rates in the disposal field area show that the soil will convey the effluent downward quite readily,thus ' mitigating the amount of lateral movement. A map has been sent to the property owner depicting the proposed disposal field in relation to the location of all existing wells in the project ' area. Should the board see it necessary to contact this property owner, the contact information has been provided below: ' Owner: David Fleming Address: 2664 Burdick Road Durham, CA 95938 Phone: (530) 895-3577 ' APN: 039-240-060 4 1 ' Please notify the developer of any attempts to contact adjacent landowners. COMMENT 5: SETBACK FROM PROPERTY BOUNDARY ' Given the soil properties of the project site and current trends in industry, the proposed leach field setback to property line of 50 feet should be sufficient to protect any adjoining property from wastewater contamination. ' The soil located within the project boundaries has been determined through testing to be an excellent media for wastewater disposal. The average rate of-percolation found within the ' proposed disposal field area was 27 minutes per inch. Wastewater applied to the disposal field will move readily down through the soil. Had the percolation rates been slower, more attention would be required to ensure the wastewater would not predominately travel laterally through the ' soil. Percolation test holes were installed at depths of 18" and 36". The soil types found in this horizon were silty clayey loams. However, soil found at greater depths during installation of the Groundwater Monitoring Wells were found to be rich in sand, indicating that percolation rates ' will not decrease as the discharged wastewater travels through the disposal field. Although the stated minimum separation from property boundaries for a disposal field for a ' single residence is 50 feet, this requirement is excessive and obsolete (the referenced "Guidelines for Waste Disposal from Land Developments"was adopted in 1972) compared to the vast . majority of current municipal and county codes regarding leach field setbacks. Orange County ' standards specify a 5-foot separation between any property line and a leach field. Mendocino County, Butte County and the Town of Paradise all require a 5-foot separation between a disposal field and any.property boundary. Napa and Sutter Counties require a 10-foot separation. ' Although these required setbacks are for individual disposal fields, the proposed 50-foot setback represents a 500— 1000% increase of these commonly used values. This increase will be more than sufficient to account for the increased flows. COMMENT 6: PEAKING FACTORS Although peaking factors were not used in the initial design of the wastewater treatment g P g gsystem, ' they are discussed on pages 4 and 5 of the original Technical Report for Waste Discharge Requirements. No wastewater system is currently approved for this project therefore design. procedures such as sizing of the collection system will not be performed at this time. Peaking ' factors will be utilized in the final design of the wastewater collection system to size system collection piping. ' CONCLUSIONS AND RECOMMENDATIONS ' All comments made by the Regional Water Quality Control Board have been addressed at the present time. Due to the fact that we are only in the preliminary phase of the project, additional design of the waste disposal or treatment system should not be performed outside of the scope of 5 1 the current Report for Waste Discharge. The scope of the project, including the number and configuration of lots, may change upon beginning the Tentative Map process with Butte County. ' We are requesting the preparation of Waste Discharge Requirements for this project. If possible, upon beginning preparation of the requirements, please prepare a letter to the County notifying them of the Boards acceptance of the proposed project. Hopefully, by working simultaneously with the Regional Board and with Butte County, we can proceed with the Tentative Subdivision Map for this project. 6 1 1 1 1 1 1 1 1 1 1 1 1 ,,V„ XION3ddtl � THE RESERVE SUBDIVISION a DURRAM DAYTON DRIVE G 1 ' o ' d O Ug. G 2 0 d HURDICK' ROAD TO TOWN OF DURHAM 1 II tGILBERT ENGINEERING SCALE: 70 DECLARATION DRIVE, SUM 101 NONE CMC0, CAI80ENIA 95973' DRAWING NO(530) 599-9503 LOCATION MAP DATE: 1 OF 1 DESIGNED: xxx PROJECT N0: DRAWN: xxx 1225 t ' DURHAM DAYTON HWY. PROPOSED AGRICULTURAL A PRESERVE V L 1039-3540.057 APN 039-240-028 Vo ' y PROPOSED o ` PARK s ' a APN 039-240-059 'AREA ON 039-240-013 AN ' SIO540-OSB STREET "A" REPLACEMENT AREA 46 45 44 43 42 N ' 37 38 39 40 41 - -�� M STREET "B"–m t� 36 35 34 33 32 'j 27 28 29 30 31 a —STREET "C" 26 25 .24 3 i 2 .PRIMARY WASTE 17 18 19 0 21 . WATER DISPOSALHill IN ` t STREET FIELD 16 15 14 13 12 78 9 10 1111 ' —STREET "E" tv_ + 6 5 4 3 2 1 9 0.79-2�W-Oi♦ ..... CK ROAD--_-._.............. __.. �.._........_....... 1 ; m,nlws�9 Q APw X" ' 1 �r1I B39-Beo-oa a79-Beo-oo1 os9-aeo-aa� • !i ' GILBERT ENGINEERING SCALE 70 DBCIARAnON DER. sans 101 1" = 400' ' Cm. CAIIPOwu 88079 DRAWING NO: DATE LA (830) 899-9803 SUBDIVISON SITE PN 1 'OF' 1 DESIGNED: loot PRO,ECT N0: DRAWN: loot 12251 2 2 5 1 L 4 ' DURHAM DAYTON fI PROPOSED APN AGRICULTURAL I "7 AGRICULTURAL ' PRESERVE [ ' APN � 039-540-057APN 039-240-028 • � of s ' w I. ROPOSED + . PARK s ' APN 039-240- 9 AREA APN 038-240-013 • �i 039 1 REPLACEMENT ' AREA • ' R=500' �- R=100'(TYP) ` (TYP) �0 PRIMARY WASTE i o N WATER DISPOSAL— FIELD EXISTING WELL, TYP L 300'SETBACK � ' 039-216-014 `N+ —_ BURDICK OAD ' OT 2 BK APS/PC. 48 APN AP 039-880— 4 039-880-001 039-886-002 i ' SCALE: GILBERT ENGINEERING 70 DECLARATION DRM. antra 101 1" = 350' ' CECO, CAI80RNIA 96879 (690) 889-8609 DRAWING N0: LDm TE EXISTING WELL SITE PLAN 1 OF 1 IDNED: lotPROJECT N0:AWN: xxx 1225 In y APN 39-240-013 opu y LEGEND: ' TP134 T p 2 PERCOLATION TESTS s CONDUCTED 6/30/04 ' pi O , PERCOLATION TESTS CONDUCTED 4/19/04 or= ' TP2-2 SOIL TEST HOLE �c PT P11 STRE ❑ OBSERVATION PITS oQ8cI2 REPLACEMENT N AREA 48 45 Q&Io &8 37 38 i • ' ..............._........_...............................................J ....._._._..................._................._..........., ' 36 35 ' 27 28 i i PRIMARY WASTE Pz 2 26 25 WATER DISPOSAL FIELD, SEE SHEET 4 17 18 � 3 0 t '111111 16 15 I INA 7 8 ' ................._............._....................:....!PSA O 1 Q&Pi&1 2 APN 6 E5 4 39-240-014 •m ' GILBERT ENGINEERING SCALE. 70 DBCIAIIATION DRWX sorra 101 1" = 200' CHIC0' CAU70FMU 95973 O ' DATE (630) e99-9503 SOIL TEST LOCATIONS DRAWING N1 O, 1 DESIGNM: soot PRO,ECT NO: DRAWN: xxx 1225 1 1 1 1 1 1 1 1 1 1 «8 ,, XION3ddV � 1 PLATE 6 ' Groundwater Level Monitorincr Wells kleasured Marrh. July, Au.:)uel, uar•7�\ i and +Ictober rc�J•) eam 0.3CC', ',I.tP]_ •Iileosu,ed C�_�rltnl�,,•=u51: �?O7 o E:•tensometers: hleasurinq land ' : -�-71 � '..I '/^ '•' __ __'- _ ._...._. - Ilol_ All 1 L— x:14.,=A"P—i,.t.U r _ WAR IY.,IIID•IIn) Tim¢p. -•' 11,11\ Q�l ' G :PP.O7! '.J�CriY'eC01 1 I e— i6 O �N =fi�01 ;81�.J VL � .tl h •I rn _ c 'oE 09LGt l5�01 I r_J !,___. -,+• t. �. i — ?171 •I 1 nt r a ! -Ifirn71 rk.Qt-J .: 09077 f I' Gt i• JCL. ' • ' 2oRin301 I.. it r a __.-1._x._.2....._._..._.--._...:__ ... -. . I a _4'a0_B _.i 73ap7 r . ;:i�rl:n •. r. I oii _.J crt .�_ P07 IfiCGI i .:I%:i :.•It l.]i�I)11�-'t llli i '�+ �,�tk�' '^j(�1. I 1 I M I _.•707 1 JtiO,n C$S01 •,I �7 rTul { I 79[01 .� tiP01;•5 I%IoCI I ij'I(iPC'71 -7901 1 I •I Butte Co1.1n-t.j; 1 Groundwater Monitoring, Grid 1 A-' 1 PLATE 7 ,8 • Butte County Groundwater Elevations •` Spring 1997 ' + Well Location Groundwater Elevation Contour ,� '♦ Dwhed where racenaio An os show di"ita of"edwater movemcat 34 Crmur fair"'d-toflA lb t :'t • t Gn�r.es Bail J • • Bnudw I _ r}t.. ' • .il r r.. �.... l�ctt`?tutu • i :kAP • I I I c.L•�.. 1r r $ LIQ ♦ t � ♦ NOW.Granrde,rrm abndoar Incd in _... . . • . _,. tle to rc{frmrd 2 i rotrtbimim dncultipic gtira zmsA ' -• ' (arafmod aat ornnpd:gc}11i:n.ttrr baWn oPvoarOwatcr oasourb dhmdd he rarwdow A-8 1 PLATE Butte County t.y Groundwater Elevation Change �. Spring 1997-Summer 1997 Well Location Groundwater Elevation Change Contour. �•� �� i `. dashed where uncertain _ \ `,. wubur Inenvd—s kav \. 7til- Pit �• �•.' // it a,ll till,lL ♦I I e.altr.y llna 1 64 . 1 • \� lvmml.V'.Ilq � ('neawam tinm t i l Ps'inr�•tnrt T.i E1>;. ! . t -� j rr117cI1�. l / 1.10 l; KOM Gmmduuk'r d"stiom need In . Lon et'tlds pieta tVl11 e _....... _ - d>b pmpero� � ' cund>ins ofmattipkpe!ferxoacr. (confined and oampwlk�Thee.the laatim of gromdwakr cortowe shaddbeearldered Irlwtn ' A9 r .�__ � _ - ��-. L �� � - �: L_ L �__ '`� � �. �F' ., - , i .. i PLATE 3 CORRELATION OF MAP UNITS NORTH AMERICAN DESCRIPTION OF MAP UNITS GEOLOGIC TMIE SCALE O AMM..(Hobc=)-Wudu tur&W alWmn and erre—ct aal depafb of—died Novel,tend addle,r-fatmn CENOZOIC .PAI,ROZOIC kick—80 k(avdfrmr Ndky d Harwood 1981). VolcaRocksBaste Dep.1b(H Sedimentary Rocks VOltdt Rocks olacoa}Ftm.Fdned dlt end clay dafvd Bmn aCiaoem to.mkk-rNa,maxhmm�kktrmu rW m 300 .- R(adFmdpfw Hdlg&Harwood 19851. Mdmto Form dm umUfMmendatd(Plebfmce}AImvW ihn and krrme deposit oas6tlog afuoomrolldmd wcameed .,,,F" and mwut.W gmve4 tend,,i t and c1eY:m.ioam mklnv o9ProalmamlY 300 ft(adapmdfwm Hdlry d Hanood.)9811. ®o � � �� pheebaat Fermatbq tmdifRamiated(Pleitmcmc).A1Mid hn and krrece depodb mmhtlog of-namolydedm O .m p . sanLemwlksmd Fawk tad and-L:rwximun Uudb sppraximatey 300 ft(adogd firm HdGy d Harwood 1981). Tnrb&L)a(Plelemeem}Wesm.ed and dWeebd oetnek N-ab wbb mmmmeormn ofrnkmot m�^�^;k and Bagmmb a7Qrip and q=u pebbles,send ad W4 m.i—Afckoas appmah.*100 ft(.&p dfi—Hdlg d Harwood 1984 ® Vok"k Basaltnodi@ralWd(PWitam ae)-Yoaw bmek Bows Onmd pdmaBY m me ear dde oftbe 5am®mm Valley.tocmdet.dem eq—ofaod.it;—h—mickmss 100 R(adapmdfro-Hdl yA Narnood.1981). poay�0' „ ® Taff Breeds(Pllo-Plebtocme}Tufl6reeeb farrdng rnpa ring eurmmding it-Suns Butltl(adapadf—Hel/y& Ha—ad 1985). Vokanle AOdethm uodiBeaeWd(P1ko-F1cbu ctoa)-Youogu m Wm fbrmW IM coomr ofdw Skit R.U.(.6pW vaasbmy . _ frac mou.7 ® . Harwood 1985). YbrmatPl eocbda Red BL dlPmtim- usdePokdgbeq Fry and-udaman d &W.0whb I.co otpabb.-dobbk — mam kk- 2.000 A(aapW/mHd/ry @Hamad 1985). y'm 1lrsua UnR D(Pik-Plelsmune){eoNaabl Oow deposit ca•...,..u..r by oromll&le motet mamlaloe Ny h—bkde tl.mm.mft Uac ad b..hk ended[.ad blxk p—Icq m-tf®m ehkkom 160&(dapKd)fem Hdby&Harwood 1985). Tosm Ud1 C(P110 PMehmcc re)4mlud.Red Bluff Pormd-on coot sWc VmaWo than w10e Boma finebeddW wkank oongbmask 600&(adq dfi—Hdky&Ha Ihkk d wide-o,and tedimmrb:—i— mHarwood 1985. ME ® 1 F ® DWR BUUV[n 118.7.7001.&q)1 rgmV.a UVMa- Ummbrmp U..b—* J a . T.coa UnU B(Pik.ne)-I+7m 4latmbcddcd Was.valunkvol®k aammm and dlblme:®xlmm g Ihlckam 600ft.(odg0djram Hdky and Harwood 1985;DWR Bink&,1l8.7.7001.drop repro) B T—aa Udl A(Ph—)® m-bedded kbam vokenk eaae—weq vokade aadamk and sUbtam ramtamiog memmoryhie O �p 3A q rock Begmeab;ma.lm-&1ck—400 B.(adopadjram Hdky @ Harwoad 1981:DWR B fidtA 118.7 Rn p W-).2001). vC bag—IAtmatlo•(FU—)-h mbeddd almvW g-4 and ad sUK rota f—tldcko.s 450 sec fhdgpod)Mn Hdky ® L11 &Harwood 1981:OWmI aad Doso.1961:DWR Butkdn 1 M6,1978). . Orb, ipBj . I AndedIM mddliriadad(PUnco-).0ider bmib and Md.h.mans---&-tad ponko of ea w p •MESOZOICFEtRCAMBRIAN ® Sacrearn-Valloy and-&ww.e of%'.k,mnebm-Ihid—vp m DO ft(adapd fro-Hdlry d Harwood 1985). Sons,Formatka(Ism M l -m Bady Pleidaem}Vokeole BuveBe udim-b with la nim dap.tk: O.mam-ery r$¢j matin[-&kk.-gF tmaey 1.900@(-hVdf—Ganfmn 196y. Needy Formtdon(Mkeem)dded-m-- sdlmeas,UdIsanm-dulfb soda—with bmrbab ofmBaod tome-nr �41J ahem ed acoadaoal mngkmasm lam.;mots.tht&meb SOD ft(adoprdfion RdMx 1977:Nagwo and8auadw 1990). _ LmeJoY Basalt Maom>-B nk,deose.herd mkmcomnll baro[&msxinmo thfc .67&(adry9dfi-r Nd1y& 'd Hamad.1985). p U Upper Prbteda-Va0eY Fm(Ink Oligocene to L'ry Mkcw}Noomalm edimcb oar, of amdc-c whh kmrDe6� Bed (� �, ofmud0 mad ere 1a - mn ruck W coogloo=oMdngloemsmdam-:mut—thickness 1,40D ft(adapmdfroe Rdwma s. -.,ad 1..d Pbmek.d � ",•A — � — ® lamsiilt mwhkh( bbwwBand�mnode&;mat.fkkne 6506 fi DWR&Udin11&6.1097$Crary,IYMA MamRod. Mmrol.ak Melamoryek tUty FM(F oto)-W udm C pay Famadm.Maim eo�m-cmwa amid and Ram Rake Ram g _ dyy.� V rhklmm 2,400 It(adapedfim Rdwlnc 1977) - — ® Gnwt Va0ey Set,aen.(i.m lmado m Upp.Cenaceom}Marb.cbotk edhavow rock mdwag of&ham-able. - — nnNmm ad aarglm-tM maxfmum Odclmew 13.000 ft Mhed Rats(pm•Ccawkwodivmod roaasedhenwy sd rabroleank—J.ofgcoly—ylog Was(dq.dfro- Vak — — Jbk —le ad Mebraf.ak Roots(Meaomlewalividd rol®eand rmbvolc>mknab,aMesik Aydin Bow racks, ® � grana-e Md vokank b�k ladgyeedfi.o Jaaalgyr.19771. - iRtnma0e Rom(Mewwk).Pim-fly,--posedof-q-ti-winp.A.1dm gabbro Mddiabase(dapdfrom J-WxA _ mn� c.bbro(Mmbmk}c.bMmand dakdtmkrob(mkamdPw-krw6W,19n). ' U — ® UdWemdated G.mde PMom(Mcso -P.Womic)-Uoddd Use tic ph.—and teblad rate s ® m (dpaodf •1977). POMOIMehry Ram ®kwdlYmedafsamd sandsao-ab et em4lo IlnonaM doladW Usable.philsehtlbmfcband Zt-odk(a*pdfnJamag 1977). Paleaok Whavoluok Rom(Pd—i,)UadMdd nmbvolwak rack+.Drb—ly ikws,b—i,ad ml[hxhding W.-anq dWa and pM-W.(.fiWWf Jamhc.1977A 1 1 �,o,, XION3ddV � 1 1 1 1 1 1 �. , -� i ., �_ C ,. �` � I C !, . , . �. Ci .. C �. .� C � I �� Local-Scale Map Interface http://wdl.water.ca.gov/gw/map/quad_map.cfin?rgpr--1215,395&typ. California Home Governor Home Amber Alert Friday,November 11,2005 ........._. • a za ,fry r. I. r t _.. ......... .....• �........'. ..:.:.,..>u ..'__:_ y...<,:,,•.+t..Fx...;..}VF'..._:.,...:[".xY w'.....:.: ....:...e:xh.......n.,.._.9__J:i:..a�rt�..e_..-..,F......... ..rx.,_. ,Sa..,A.•*. ' DWR Home t " .. DPLA Home Water Data Library Home ° DWR My CA Water Quality Data Groundwater Data Local-Scale Map Interface i , Surface Water Data Instruction`s:(Step 4 of 4) Climatology Data This map provides access to individual water well data.Click on one of the red symbols on the map below to retrieve a hydrograph'and tabular listing of the data for that well.If no symbols appear on the map,then no water level data are Contacts available for that area.Data may.also'be obtained using our text interface. NW North- NE l �• 2 '99 REQS010 -0-7 Division of Planning andf u' Local Assistance Department of Water Resources a 901 P Street Sacramento,CA 95814 f � »c na r a� 0 Mailing Address: West "� East Post Office Box 942836 ` i_NO Sacramento,CA a 94238-0001 - ra.�c.L.�l,b 2/� 2c�E 1 f. a ox l J y 7 2 121.8-W 121.7-Wy M SW South SE r [Return to Regional Map] [State Map Northern California Central California Southern California] ' Well Number:PINOIE26KO01M Basin: acramento Valley(Butte Co.) c Back to Too of Page Conditions of Use I Privacy Policy I -Comments or Suggestions m 2005 State of Califomia. t7. 01'Of 1 11/11/2005 2:05 PN � . 1 1 1 �i� 1 ' 1 1 I � 1 ' Groundwater Level Data,21N01E26KOOIM http://wdl.water.ca.gov/gw/hyd/rpt_hydrograph_data_CF.cfm?we.11N I . California Home Governor Home Amber Alert Friday,November 11,2005 DWR Home DPLA Home 6 Search n Water Data Library Homet DWR My CA CES i Water Quality Data O• PLANNING AND LOCAL. Groundwater Data Groundwater Level Data,21 N01 E26KO01 M Surface Water Data Your selection returned a total of 61 records.Wells in the Department of Water Resources monitoring network are identified by a State Well Number,which is based on the Public Land Grid System.The table headings and records contain several codes Climatology Data and abbreviations.Press the New Search or Nearby Search buttons or at the bottom of the page to begin a new data retrieval.Data for this well can also be downloaded in MS Excel or text delimited format. Contacts 777 Groundwater Levels. 21NOIE26K001M _r Sacramento Valley (Butte Co.) 140 -r--,--,-,-- -r--r- -rte-- ---r-,-,-- G.S. Elevation = 15B.5 a+ a o Division of Planning and Z 130 i 20 Local Assistance Department of Water L Resources ` 120 30 N 901 P Street" N Sacramento,CA 95814 ` Mailing Address: m 110 I 40 02 Post Office Box 942836 s y Sacramento.CA 94236-0001 c. o � .q 100 50 '�.q, s � o 071=5 W 90 -- - ---- -- - - --- -._.._.__.. __�_�_ 60 r a d Source: Department Pf Water Resources �C-E-U O� C�2uu�va BO 70 Q)r 1990 1995 2000 2005 2010 Calendar Year Questionable Measurement /Loc�iV� SV: �u-rrti-c ?D CSS ZEEEL4.4770A-) = Groundwater Level Readings wq-jun- SvnF rg,�, Lys. E2AV.)AJo'Svn0C Meas.Date R.P.Elev. G.S.Elev. RPWS WSE GSWS QM Code NM Code Agency lit-/ 04-08-1993 151.5 150.5 32.3 119.2 3110' 5050 05-12-1993 151.5 150.5 38.6 112.9 37:6 5050 06-17-1993 151.5 150.5 41.7 109.8 40.7 5050 07-14-1993 151.5 150.5 57.2 94.3 i 56:2 2 5050 SE- 4Tf*=OflEG 09-17-1993 151.5 150.5 45.7 105.8 44;7 5050 ALVy 7Z caoE-S 10-04-1993 151.5 150.5 46.8 104.7 45:8 5050 03-15-1994 151.5 150.5 34.3 117.2 33:3 5050 04-12-1994 151.5 150.5 42.6 108.9 4.1:6 5050 05-17-1994 151.5 150.5 48.0 103.5a 4.7,, . 5050 06-15-1994 151.5 150.5 56.0 95.5 ;.55;;0 5050 07-14-1994 151.5 150.5 69.9 81.6 689 5050 08-02-1994 151.5 150.5 63.0 88.5 62.0 5050 08-16-1994 151.5 150.5 62.5 89.0 611;:5 5050 al of 3 11/11/2005 2:04 Ph i Groundwater Level Data,21NOIE21KO01M http://wdl.water.ca.gov/gw/hyd/rpt_hydrograph_data_CF.cfm?we11N 09-15-1994 151.5 150.5 56.8 94.7 -55.8 5050 11-15-1994 151.5 150.5 47.9 103.6 46.9 5050 01-17-1995 151.5 150.5 41.2 110.3 40.2 5050 02-16-1995 151.5 150.5 33.1 118.4 32.1 5050 03-07-1995 151.5 150.5 30.6 120.9 29.6 5050 04-20-1995 151.5 150.5 22.0 129.5 21.0 5050 06-28-1995 151.5 150.5 34.6 116.9 33.6 5050 ' 07-15-1995 151.5 150.5 40.3 111.2 39.3 5050 07-23-1995 151.5 150.5 63.8 87.7 62.8 5050 07-25-1995 151.5 150.5 43.7 107.8 42.7 5050 10-05-1995 151.5 150.5 34.8 116.7 33.8 5050 03-26-1996 151.5 150.5 27.7 123.8 26.7 5050 07-26-1996 151.5 150.5 45.9 105.6 44.9 5050 10-10-1996 151.5 150.5 42.0 109.5 41.0 5050 ' 01-15-1997 151.5 150.5 37.8 113.7 36.8 5050 03-03-1997 1'51.5 150.5 26.8 124.7 25.8 5050 07161997 151.5 150.5 55.2 96.3 54.2 5050 08-11-1997 151.5 150.5 59.8 91.7 58.8 5050 10-06-1997 151.5 150.5 42.7 108.8 41.7 5050 03-10-1998 151.5 150.5 19.9 131.6 18.9 40 IH,09X 5050 07-15-1998 151.5 150.5 30.5 121.0 29.5 5050 ' 08-21-1998 151.5 150.5 39.1 112.4 38.1 5050 Q 10-12-1998 151.5 150.5 36.3 115.2 35.3' 5050 03-08-1999 151.5 150.5 25.4 126.1 24.4 5050 10-08-1999 151.5 150:5 42.6 .108.9 41.6 5050 Q03-21-2000 151.5 150.5 30.2 121.3 29.2 5050 ' 07=11-2000 151.5 150.5 50.5 101.0 49.5 5050 Q 08-22-2000 151.5 150.5 57.0 94.5 56.0 5050 10-06-2000 151.5 150.5 9 5050 „ 03-22-2001 151.5 150.5 33.1 118.4 32.1 5050 07-19-2001 151.5 150.5 55.2 96.3 54.2 5050 08-15-2001 151.5 150.5 67.0 84.5 66.0 5050 10-15-2001 151.5 150.5 51.0 100.5 50.0 5050 e' 03-21-2002 151.5 150.5 38.4 113.1 37.4 5050 04-23-2002 151.5 150.5 61.7 89.8 60.7. 5050 L1 08-20-2002 151.5 150.5 64.6 86.9 63.6 5050 10-17-2002 151.5 150.5 58.4 93.1 57.4 5050 03-11-2003 151.5 150.5 35.4 116.1 34.4 5050 c� 07-28-2003 151.5 150.5 58.0 93.5 57.0 5050 a 10-16-2003 151.5 150.5 50.3 101.2 49.3 5050 11, 04-02-2004 151.5 150.5 37.0 114.5 36.0 5050 07-30-2004 151.5 150.5 9 5050 (, 09-01-2004 151.5 150.5 56.9 94.6 '55.9 5050 t� 10-21-2004 151.5 150.5 53.0 98.5 52.0. 5050 03-30-2005 151.5 150.5 36.4 115.1 .35.4 5050 07-08-2005 151.5 150.5 49.2 1 102.31 48.2 5050 0 08-04-2005 151.5 150.5 54.0 97.5 53.0 5050 3 10-23-2005 151.5 150.5 49.9 1 101.6 48.9 5050 Well Coordinates Projection Datum Easting Northing Units Zone Q UTM NAD27 600254 4388860 metres 10 LL NAD27 121.8316 39.6455 decimal degrees UTM NAD83 600158 4389055 metres 10 LL NAD83 121.8327 39.6454 decimal degrees For more Information contact: Department of Water Resources,Northern District Groundwater Section 2 of 3 11/11/2005 2:04 PI ��' 1 ' ' Key to Codes and Abbreviations http://wdl.water.ca.gov/gw/info/Key_Codes_Abb_gw.cf California Home Govemor Home Amber Alert Friday,November 11,2005 r ( 0` DWR Home DPLA Home ., DEPARTMENT r Search~ Water Data Library Home pWATER RESOURCES . DWR My CA ^�- Water Quality Data ?O� LOCAL Groundwater Data Key to Codes and Abbreviations Surface Water Data This page explains the codes,abbreviations,and headings used in reports provided by the various pages from this web site. Not all reports show all the items listed here. Climatology Data State Well Number Contacts An identification number assigned to each monitoring site.The State Well Number is based on the public land grid, and includes the township,range,and section in which the well is located. Measurement Date The date on which the groundwater level reading was taken. ' Reference Point Elevation Listed on some reports as"R.P.Elev.",is the elevation of the point from which the groundwater level reading was taken.The reference point for a well is selected for its permanence,such as the top of casing,or the edge of a Division of Planning and concrete pad.Some reference points are below ground surface,for example,when the well is located in a cellar. Occassionally,due to activity at the well,the reference point is changed to a more accessible point on the well. Local Assistance Department of Water Ground Surface Elevation Resources Listed on some reports as"G.S.Elev.",is the average elevation of the ground surface in the vicinity of the well.In a 901 P Street elevation cases,the ground surface elevation is determined by surveying methods:More often,the ground surface Sacramento,CA 95814 elevation is determined by interpolation from a USGS 7.5-minute topographic map.Thus,the accuracy of the reported ground surface elevation is a function of the contour Interval of the topographic map.Most wells are located in areas Mailing Address: where the contour Interval of the topographic maps is 5 feet;however,some maps are accurate to only 20 or 40 feet. Post Office Box 942836 Depth to Water Sacramento,CA 94236-0001 p Depth to water is listed in two columns of each report.The first,"RPWS",is the measured distance between the reference point and the water level in the well.The second,"GSWS",is the measured distance from the ground surface to the water level in the well. Water Surface Elevation The water surface elevation,listed on some reports as"WSE"is the elevation of the measured groundwater level relative to mean sea level.It is calculated by subtracting the depth to water below reference point measurement from the elevation of the reference point. No Measurement Codes Listed on some reports as"NMC".When it is not possible to measure the water level in a well,a code is entered in this field to explain the reason for the missed measurement.The valid codes are shown in the following table. Sometimes an entry is made in the Remarks field supplement the no measurement code. CodeDefinition 0. Discontinued Pumping 0 Pumphouse locked F3. —1Tape hung up 0 Can't get tape in casing Unable to locate well F6.7Well destroyed 7. Special Casing leaking or wet 0 Temporarily inaccessible D�Drywell F�Flowing well Questionable Measurement Codes Listed on some reports as"QMC".When conditions at a well effect the quality of a measurement,a code is entered in this field to explain the reason for the questionable.The valid codes are shown in the following table..Sometimes an 1 oft 11/11/2005 2.1 Pr 3 l f f f Key to Codes and Abbreviations http://wdl.water.ca.gov/gw/info/Key_Codes_Abb_gw.ct entry.is made in the Remarks field to supplement the questionable measurement code. tCode Deflnition 0 Caved or deepened 1�Pumping t2. Nearby pump operating F3. —1Casing leaking or wet 0 Pumped recently 0 Air or pressure gauge measurement Other ' 0 Recharge operation at nearby well .®Oil in casing ' 0 Acoustical sounder measurement Comments Any pertinent remarks that help explain why a measurement was missed or is questionable,or other comments about ' conditions at the site when it was visited. Agency A code representing the agency that made the measurement.To look up an agency,enter its four-digit Agency Code and click on the Submit button to retrieve the Agency Name(opens a new browser window). Agency CodeI SUM Back to Too of Page ' Conditions of Use I Privacy Policy I Comments or Suggestions ®2005 State of California. f 1 t 2 of 2 11/11/2005 2:13 Pb 1 1 1 1 1 1 1 1 1 1 1 �,4 ,, XI4N3ddtl 1 i 1 1 1 1 1 i f r t @ILBERT [ENGINEERING GROUNDWATER MONITORING LOG SHEET ' Project: THE RESERVE SUBDIVISION Location: DURHAM DAYTON HIGHWAY(WEST OF TURNER ROAD) Well No.: 1 Depth: 9.70' Elev.Grd Surf.: 156.45 Ht to T.O.C.(ft): 1.03 Elev:T.O.P.: 157.48 ' READING NO. DATE MEASUREMENT(ft) GW ELEVATION(ft) RAINFALL PAST RAINFALL 24-HRS in TO-DATE 621 ' 1 11/16/2004 9.70 147.78 0.00 0.02 2 12/2/2004 9.70 147.78 0.00 1.32 ' 3 12/16/2004 9.70 147.78 0.00 8.97 4 1/3/2005 9.70 147.78 0.10 18.83 5 1/18/2005 9.69 147.79 0.00 22.40 6_- 2/3/2005 9.70 147.78 0.00 25.63 7 2/17/2005 9.70 147.78 0.08 28.29 8 3/4/2005 9.70 147.78 0.00 33.15 ' 9 3/24/2005 9.70 147.78 0.73 39.12 10 4/7/2005 9.70 147.78 0.00 43.08 ' 11 4/21/2005 9.70 147.78. 0.00 44.94 I 1 I I certify that these tests were performed under my direction,pursuant to generally accepted standards of professional practice and that the data shown hereon is true and accurate. QROFESS/0 �0 Nq E. y No. 31689;" * Exp.12/31/06 CIvD- Wesley . bert OFCALIf4Q' R.C.E,42T689,Exp. 12/06 1 ' @ILBERT [ENGINEERING GROUNDWATER MONITORING LOG SHEET ' Project: THE RESERVE SUBDIVISION Location: DURHAM DAYTON HIGHWAY(WEST OF TURNER ROAD) ' Well No.: 2 Depth: 9.47' ' Elev.Grd Surf.: 156.35 Ht to T.O.C.(ft): 0.938 Elev.T.O.P.: 157.29 READING NO. DATE MEASUREMENT(ft) GW ELEVATION(ft) RAINFALL PAST RAINFALL 24-HRS in TO-DATE in ' 1 11/16/2004 9.47 147.82 0.00 0.02 2 12/2/2004 9.47 147.82 0.00 1.32 _ 3 _' 12/16/2004 9.48 147.81 0.00 8.97.4 , 1/3/2005 9.48 147.81 0.10 18.83 5 1/18/2005 9.48 147.81 0.00 22.40 6 _ 2/3/2005. 9.45 147.84 0.00 25.63 7 2/17/2005 9.45 147.84 0.08 28.29 ' 8 3/4/2005 9.46 147.83 0.00 33.15 9 3/24/2005 9.46 147.83 0.73 39.12 10 4/7/2005 9.50 147.79 0.00 43.08 11 4/21/2005 9.48 147.81 0.00 44.94 1 1 I certify that these tests were performed under my direction,pursuant to generally accepted standards of professional ' practice and that the data shown hereon is true and accurate. Q�0 QROFESS/0�` E. 3 No. 31689 C1\A%- Wesley bert 9 OF CAttR.C.E.TI689,Exp. 12/06 i ' @ILBERT [ENGINEERING t GROUNDWATER MONITORING LOG SHEET ' Project: THE RESERVE SUBDIVISION Location: DURHAM DAYTON HIGHWAY(WEST OF TURNER ROAD) ' Well No.: 3 Depth: 9.75' ' Elev.Grd Surf.: 154.50 Ht to T.O.C.(ft): 0.70 Elev.T.O;P.: 155.20. READING NO. DATE MEASUREMENT(ft) GW ELEVATION(ft) RAINFALL PAST RAINFALL 24-HRS in TO-DATE in ' 1 11/16/2004 9.75 145.45 0.00 0.02 2 12/2/2004 9.75 145.45 0.00 1.32 ' 3 12/16/2004 9.75 . 145.45 0.00 8.97 4 1/3/2005 9.75 145.45 0.10 18.83 5 1/18/2005 9.82 145.38 0.00 22.40 ' 6 2/3/2005 9.75 145.45 0.00 25.63 7 2/17/2005 9.75 145.45 0.08 28.29 t 8 3/4/2005 9.75 145.45 0.00 33.15 9 3/24/2005 9.81 145.39 0.73 39.12 10 4/7/2005 9.75 145.45 0.00 43.08 ' 11 4/21/2005 9.80 145.40 0.00 44.94 I certify that these tests were performed under my direction,pursuant to generally accepted standards of professional practice and that the data shown hereon is true and accurate. �R, QROFESS/� ` s No. 31689 EXP.12/31/06 /Z /Z/D.� J'9r C/m `P* WesTey E.92&rt t �OFCAL1E0�0 R.C.E. 689,Exp. 12/06 C C- � . � -� . .� . . �� �� [ . . . ��� . � ,. , E r - I' I.�` . f , �_ �J L .. c + ' @ILBERT [ENGINEERING GROUNDWATER MONITORING LOG SHEET ' Project: THE RESERVE SUBDIVISION Location: DURHAM DAYTON HIGHWAY(WEST OF TURNER ROAD) Well No.: 4 Depth: 9.82' Elev.Grd Surf.: 155.65 Ht to T.O.C.(ft): 1.00 Elev.T.O.P.: 156.65 READING NO. DATE MEASUREMENT(ft) GW ELEVATION(ft) RAINFALL PAST RAINFALL 24-HRS in TO-DATE in _ 1 11/16/2004 9.82 146.83 0.00 0.02 2 12/2/2004 9.82 146:83 0.00 1.32 3 12/16/2004 9.83 146.82 0.00 8.97 4 1/3/2005 9.70 146.95 0.10 18.83 5 1/18/2005 9.87 146.78 0.00 22.40 ' 6 2/3/2005 9.85 146.80 0.00 25.63 7 2/17/2005 9.82 146.83 0.08 28.29 8_-- 3/4/2005 - 9.86 146.79 0.00 33.15 9 3/24/2005 9.83 146.82 0.73 39.12 10 4/7/2005 9.86 146.79 0.00 43.08 11 4/21/2005 9.81 146.84 0.00 44.94 I certify that these tests were performed under my direction,pursuant to generally accepted standards of professional ' practice and that the data shown hereon is true and accurate. OQ1kOFESS/0�`c� 5�0*4 E. cc �o ; 3 No. 31689' 7D 7(• Exp.12/31/06 12- O 7 Wesley F Oilbert FOFCAUfO�� R.C.E.T1689,Exp. 12/06 ' @ILBERT [ENGINEERING GROUNDWATER MONITORING LOG SHEET ' Project: THE RESERVE SUBDIVISION Location: DURHAM DAYTON HIGHWAY(WEST OF TURNER ROAD) ' Well No.: 5 Depth: 9.85' Elev.Grd Surf.: 156.20 Ht to T.O.C.(ft): 0.979 Elev.T.O.P.: 157.18 READING NO. DATE MEASUREMENT ft GW ELEVATION ft RAINFALL PAST RAINFALL ( ) ( ) 24-HRS in TO-DATE in ' 1 11/16/2004 9.85 147.33 0.00 0.02 2 12/2/2004 9.85 147.33 0.00 1.32 3 12/16/2004 9.87 147.31 0.00 8.97 ' 4 1/3/2005 - 9.93 147.25 0.10 18.83 5 1/18/2005 9.85 147.33 0.00 22.40 ' 6 2/3/2005 9.88 147.30 0.00 25.63 7 2/17/2005 9.88 147.30 0.08 28.29 ' 8 3/4/2005 9.85 147.33 0.00 33.15 9 3/24/2005 9.89 147.29 0.73 39.12 10 4/7/2005 9.84 147.34 0.00 . 43.08 11 4/21/2005 9.85 147.33 0.00 44.94 t I certify that these tests were performed under my direction,pursuant to generally accepted standards of professional ' practice and that the data shown hereon is true and accurate. �OQROESC. S/p No. 31889' 7D01/ UP.1241/06 ,* Z /Z O� ' sFCryI� 0/0 Gilbert O F CA UFO R.C. . 31689,Exp. 12/06 1 ' @1LBERT [ENGINEERING GROUNDWATER MONITORING LOG SHEET ' Project: THE RESERVE SUBDIVISION Location: DURHAM DAYTON HIGHWAY(WEST OF TURNER ROAD) ' Well No.: 6 Depth: 9.90' ' Elev.Grd Surf.: 156.55 Ht to T.O.C.(ft): 1.23 Elev.T.O.P.: 157.78 / READING NO. DATE MEASUREMENT(ft) GW ELEVATION-(ft) RAINFALLPAST RAINFALL 24-HRS in TO-DATE in ' 1 __ 11/16/2004 _ 9.90 147.88 0.00 0.02 2 12/2/2004 9.90 147.88 0.00 1.32 t 3 12/16/2004 9.92 147.86 0.00 8.97 4 1/3/2005 9.88 147.90 0.10 18.83 5 1/18/2005 9.90 147.88 0.00 22.40 ' 6 2/3/2005 9.88 147.90 0.00 25.63 7 2/17/2005 9.60 148.18 0.08 28.29 ' 8_ 3/4/2005 9.88 147.90 0.00 33.15 3/24/2005 9.86 147.92 0.73 39.12 _ 10 4/7/2005 9.89 147.89 0.00 43.08 ' 11 4/21/2005 9.89 147.89 0.00 44.94 I certify that these tests were performed under my direction;pursuant to generally accepted standards of professional ' practice and that the data shown hereon is true and accurate. �Q�Q PROFESS/p''l �~ E. No. 31689 7F' EXP.12/31/06 ,* /Z /Z/O� t s� Civil. Wesle .Gilbert 9�FOF CALI fO���P R.C. . 31689,Exp. 12/06 t '. ' @ILBERT [ENGINEERING GROUNDWATER MONITORING LOG SHEET Project: THE RESERVE SUBDIVISION Location: DURHAM DAYTON HIGHWAY(WEST OF TURNER ROAD) Well No.: 7 Depth: 9.85' Elev.Grd Surf.: 157.00 Ht to T.O.C.(ft): 0.88 Elev.T.O.P.: 157.88 ' READING NO. DATE MEASUREMENT(ft) GW ELEVATION(ft) RAINFALL PAST RAINFALL 24-HRS in TO-DATE in 11/16/2004 _ 9.85 148.03 0.00 0.02 2 12/2/2004 9.85 148.03 0.00 1.32 ' 3 12/16/2004 1 9.58 148.30 0.00 8.97 4 1/3/2005 9.58 148.30 0.10 18.83 5 1/18/2005 9.56 148.32 0.00 22.40 ' 6 2/3/2005 9.60 _ 148.28 0.00 25.63 7 2/17/2005 9.70 148.18 0.08 28.29 8 3/4/2005 9.55 148.33 0.00 33.15 ' 9 3/24/2005 9.58 148.30 0.73 39.12 10 __ 4/7/2005 9.60 148.28 0.00 43.08 11 4/21/2005 9.62 148.26 0.00 44.94 1 I 1 - I I certify that these tests were performed under my direction,pursuant to generally accepted standards of professional practice and that the data shown hereon is true and accurate. �Q QROFES. E.. a 3�No. 31689 * Exp.12/31/06 . * e .Gilbert-*'-- �TTFOFCAL,Fo- sle R.C. .31689,Exp. 12/06 1 1 1 1 1 1 1 1 i 1 1 i A,, XION3ddtl 1 1 1 i t @ILBERT ' C.NGINEERING 1225: THE RESERVE SUBDIVISION 1 For: Chuck Jones December 6, 2005 ' Data/Calculations Used With MoundHT Program (Groundwater Mounding Calcs) CONSTITUENTS OF AQUIFER SYSTEM ' DEPTH UNIT DESCRIPTION 0- 100' (approx) Modesto Form. Alluvial deposits; gravel, sands, silts, clays; undifferentiated ' 100' - 500' (approx) Tuscan Unit"C" Volcanic Lahar, Conglomerate, Sandstone 500' - 1150' (approx) Tuscan Unit"B" Interbedded volcanic lahar, Sandstone, Siltstone ' VALUES USED 1N PROGRAM t Dimensions of Disposal Field Width =205' Length = 740' ' Saturated Aquifer Depth w/no Mound = 400' (Tuscan Unit"C" is the Major Water Bearing Unit in the Area) Specific Yield of Aquifer, Sy= 0.18 (See Fetter, "Applied Hydrogeology", Page 91) ' Hydraulic Conductivity, K. "Soil Properties Assumed for Hydraulic Conductivity are those of the Modesto Formation, as this will be. ' the location of any mounding (Using Hazen Approximation, Fetter, Page 99) K= C(d)^2 , 1 C =60 (Silty Sand) d = 0.1 mm (Conservative, Assumed) K= (60)*(0.01 cm)^2 = 0.006 cm/s 0.006 cm/s '2835 ft/day/(cm/s) = 17.01 ft/day Percolation Rate, 1 = 0.57 gal/sf/day 0.1337 ft/day/(gal/sf/day) - 0.0762 ft/day � _ _ _ , . . . i�_ L . ��_�� .. � � d I ..: ' r ,�. �� �� �...�I C .I .�. - - .a: �s � � _ �. � _ �— L�_„�' �� i _ ... � ., RESULTS FROM PROGRAM DAYS MAX MOUND HT (ft) ACCURACY RANGE 120 0.779 1 1 0.189 1 ' - 2 - 0.265 1 5 0.377 _ 1 10 0.467 1 _....------20-------- --1 0.559 --- ----- ---- -�--- ------- - _ 50 _ 0.681 1 100 0.775 1 -- 200 - - -- --- 0.868 1 500 0.992 1 1000 1.086 1 1825 1.167 1 11 I 'er!,�,,s00wireless One Verizon Place MC: GA3BIREG Alpharetta,GA 30004 (678)339-4269 F Map 06-03 April 27, 2006 David Rowland . . Consumer Protection and Safety Division California Public Utilities Commission 505 Van Ness Avenue, San Francisco, CA 94102 Re: Notification Letter for SKYWAY of Sacramento Valley Limited Partnership (U-3004-C), of Chico, CA MSA This is to provide the Commission with notice according to the provisions of General Order No. 159. A of the Public Utilities Commission of the State of California("CPUC") for the project described in Attachment A. A copy of this notification letter is also being provided to the appropriate local government agency for its information. Should there be any questions regarding this project, or if you disagree with any of the information contained herein,please contact, Veleta Wilson of Verizon Wireless at (678) 339-4505. Very truly yours, Veleta Wilson Coordinator- MTS Network Network Compliance i S�JIA?I�S 9002 �dW A. NII00 3Z1ll£i CPUC06.0160 Notification Letter Sacramento Valley Limited Partnership (U-3004-C) April 27, 2006 Page 2 Attachment A CPUC CELL SITE REPORT Sacramento Valley Limited Partnership (U-3004-C) 1. PROJECT LOCATION: SKYWAY —Add/Mod SITE NAME: SKYWAY SITE ADDRESS: 4842 Media Way LOCATION: Paradise, CA 95969 COUNTY: Butte APN: 040-520-045 COORDINATES: 390 43'46.6"/ 121° 40' 53.9" (NAD83) 2. PROJECT DESCRIPTION: Sacramento Valley Limited Partnership (U-3004-C)proposes the addition and installation of one (1)new automatic transfer switch, one (1) emergency back-up diesel generator and a concrete pad with four (4) additional equipment cabinets at the existing wireless facility. ANTENNAS: N/A TOWER DESIGN: N/A TOWER APPEARANCE: N/A TOWER HEIGHT: N/A BUILDING SIZE: N/A OTHER: One(1) automatic transfer switch One(1)back-up diesel generator Four(4) equipment cabinets CPUC06.0160 Notification Letter Sacramento Valley Limited Partnership (U-3004-C) April 27, 2006 Page 3 3. BUSINESS ADDRESSES OF ALL LOCAL GOVERNMENT AGENCIES: Cc: Tim--Snelling--------, Planning Director Butte County Development Services 7 County Center Drive Oroville, CA 95965 Jim Cook County Supervisor Butte County Development Services 7 County Center Drive Oroville, CA 95965 Marianne Reeves County Clerk Butte County Development Services 7 County Center Drive Oroville, CA 95965 4. LAND USE APPROVALS: Minor Changes to Existing Use Permits Issued: 3/10/2006 Effective: 3/10/2006 Agency: Butte County Planning Commission Permit No.: N/A Resolution No.: Minor Changes to MUP 00-07 CPUC06.0160 RESOLUTION PC 05-05 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING VARIANCE 06-01 WHEREAS, the Planning Commission has considered Variance 06-01 for David and....: Bonita Masarik, in accordance with Chapter 24, Section 50; Variance, of the Butte'County Code on Assessor's Parcel Number 058-260-008; and WHEREAS, the Planning Commission has determined the variance as categorically exempt in accordance with the California Environmental Quality Act; and WHEREAS, said variance was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a public hearing was held on November 10, 2005; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project is Categorically Exempt from environmental review under the Section 15303(c). This section states that the California Environmental Quality Act exempts the construction or conversion of small structures of one residential dwelling, or a second dwelling in a residential zone. Foothill Residential is a residential zone. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. - A. The custodian of the record is the Department of Development Services Planning Division. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Makes the following Variance findings: A. The existing Variance (VAR 85-22) allowed the structure to be located less than ten feet from the side parcel boundary. B. The development of a second dwelling on the parcel will not grant a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. C. The project is physically suitable for the use and.density of the proposed development because of the proposed parcel sizes provide adequate soils for leachfields, well locations and building sites that will not result in signi-cant physical changes to the property. III. Approves Variance 06-01 and the special conditions found as set forth in the attachment (Exhibit A) to the resolution. 1 DULY PASSED AND ADOPTED this 101h day of November 10, 2005, by the following vote: AYES: Commissioners Leland, Wilson, and Vice-Chairman Nel�n NOES: Commissioner Lambert ;"y ABSENT: Chairman Marin ; ABSTAIN: No one J MUCK NELSON, Vice-Chairman Planning Commission County of Butte, State of California ATTEST: L RICHARDSON, Secretary Planning Commission County of Butte, State of California I i i 2 y. EXHIBIT "A" VARIANCE BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) VAR 06-01 PERMIT NO. 058-260-008 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, David and Bonita Masarik are hereby granted a Variance to remove a condition of no residential use in an accessory building approved by a previous Variance (VAR 85-22). I. SPECIAL CONDITIONS: I Planning Division L. The owner of the parcel or lot must occupy either the main dwelling or the second dwelling unit. Prior to issuance of building permits, the property owner shall execute and record a deed restriction running with the land stipulating this occupancy requirement. The deed restriction shall be on a form approved by the Butte County Department of Development Services. 2. Applicant to comply with any requirements of the Building Division or Public Works. 3. Applicant must also comply with all other applicable state and local statutes, ordinances and regulations. Fire Department 4. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations— Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 5. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. County Counsel 6. 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 1 :v i 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. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this variance, and that I agree to abide fully by said conditions. i Dated: Applicant NOTE: Issuance of this variance does not waive requirement of obtaining Building and Health Department permits before starting construction, n r does it waive'any other requirements. Lz err' �� i.t iJ C' Chairman, Butte County Planning Commission CC: Land Development Building Division Environmental Health Division Butte County Fire Department/CDF Assessor's Office i 2 C06-4TY OF BUTTE FIELD NUMBER 0-46VILLE, CALIFORNIA PURCHASE ORDER 58�9 / F 06-092 S 05 � 11 �a� � u Paradise Post PDrawer 70 � Issued By Paradise CA 95969 Department Planning I E R DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O.# 10/24/05 PUBLIC NOTICE Af 8p 1 N ,�)5 40-001-53 To be published in the Paradise Post on Thursday, 27-Oct-05 Please furnish this office two copies of the affidavit of publication. _(Masaik VAR 06-01) Lynn - 538-7602 Butte County Planning 7 County Center Drive Oroville, CA 95965 TOTAL L 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 thatthere' Bud et A priation for the same. F 06-092 Date: / men a or u orized Deputy SUPPLIER NO. 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 Paradise Post Declaration of Publication State of California BUT County of Butte TE COUNTY PLANNING COMMISSION ' -NOTICE OF A PUBLIC HEARING' Notice is hereby given by the Butte County Planning Commission that a public hearing is.published for Thursday,November 10,2005,in the. Declarant Says: Butte County,,Board of Supervisors' Room,,County Administration' y Center,.25 County Center Drive,•Oroville,California,regarding the fol- That at all times herein mentioned Declarant is and was a lowing Item:-, resident of said county of Butte over the age of twenty-one ITEM DETERMINED TO BE CATEGORICALLY EXEMPT years; not a part to nor interested in the within matter; that FROM ENVIRONMENTAL REVIEW"_• , Declarant is now and was at all times herein mentioned the Name: David and Bonita Masarlk Legal Clerk of the Paradise Post, a tri-weekly newspaper, Project, Variance VAR 06-01 ' which said newspaper was adjudged a newspaper of general Planner: Mark Micheiena-APN ; circulation on November 12, 1946, b Superior Court Order Location: 058- t the 8 y p •• Location: .At the and of;Dawn Terrace,Road off of Sky Crest Drive No.22262 as entered in Book 30 Page 223 of said Court; and (11219 Dawn Terrace)west side.of Hwy 70,Yankee Hill ' that said newspaper is printed and published every Tuesday, Proposal: to modify variance 85=22(which allowed a 2 story non res- idential structure ir,tfie.side yard'setback)by convertirig,the structure Thursday and Saturday in Paradise in said County of Butte; an, into a_residentail dwelling that the ,,• 1 c„{; . . The above,mentioned applicatlon'is,on file'a available for public Public Notice viewing`at,the office of,the-Butte`County'Development.Services Butte County Department,;PI•.anriingF:Division,',7. �C6urity Center.Drive; Oroville, Masarik VAR California.,,For information'call: Mark Mlchelena, (530) (530) 532= l " :9583beMiday-tKrough',Priday, 8:00 am; to'4:00 p.m.) Comments ay ( or Le al#577-05 submitted in writing at any time prior to the hearing or orally at Of which the copy annexed on the margin hereof is a true the meeting listed above oras maybe continued to a latei,date. Uponi action,taken;by the`Planning Commission'on the project-6n appeal printed copy, was published in said newspaper in the issues of. may be filed with the'Clerk of the•Board of,Supervisors. The appeal October 27, 2005 period Is 10 days.=If you i:hallenge the above application in court,you and that such publications was made in the regular issues ofmay be limited to raising only those issues you or someone else raised. at the public hearing described in this:notice or in,written correspon- said paper ( and not in any supplemental edition or extra dance delivered to the Planning Commission,at or prior to,the public thereof)... hearing: BUTTE COUNTY�PLANNING`COMMISSION I declare under penalty of perjury that the foregoing is true an PAUL MCINTOSH,INTERIM DIRECTOR OF DEVELOPMENT SER- correct. VICES- Executed ICES Executed on October 27, 2005 Oct.27,2005 - Pat di Calif.""`--- 577-05 Declarant n } _ _ r rl�-SENIDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 1 ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. /, ❑ gent ■ Print your name and address on the reverse X ( � K� Addressee so that we can return the card to you. { t y Received by(Printed Name) C. Date of Delivery s ■ Attach this card to the back of the mailpiece, - � "• or on-the front if space permits. /4Z-15 -,05 D. Is delivery address different from item 1? O Yes 1. Article Addressed to: It YES,enter delivery address below: O No i David andBonita•1Masarik' " [ , F 1.1^2'19:Dawn Terrace ' r E ,,,*Yahkee Hill, .CA•',95965 3. Service Type j ❑'Certified Mail ❑Express Mail O Registered ❑ Return Receipt for Merchandise r i ❑Insured Mail O C.O.D. 4, Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7002 . 2,410 0006 2;836 6773 (rransfer from service'label)( l [ + ?i ) a 1 I Form 1 8 r u gust2001� Domesticc R e turn Receipt' 102595-02-M-1540 6171- CERTIFIED MAIL. RECEIPT r (DomesticU.S. Postal Service-r. rn Only; M a "OF L U S-w� rul Postage $ C3 Certified Fee 0,. Postmark a ReturnReciept Fee (Endorsement Required) Here l7 Restricted Delivery Fee ri (Endorsement Required) ru i S r � Totel Pnatwnw R Fagg Q: np o DaviandBonita Masank . P` -11219 Dawn Terrace. ...............' J►: ,-Yankee Hi11;SCA;95965 r , r 0�u T ria Butte County Department ofDevelopment Services 0 o Tim Snellings,Director www.buttecounty.net/dds 0 _ o o 0 7 County Center Drive o Oroville,CA 95965 c010i N'�y (530)538-7601 Telephone (530)538-7785 Facsimile ADMINISTRATION *BUILDING* PLANNING December 9, 2005 FILE COPY David and Bonita Masarik 11219 Dawn Terrace Yankee Hill, CA 95965 CERTIFIED MAIL Re: Variance, VAR 06-01,APN 058-260-008 Dear David and Bonita Masarik: Enclosed is your validated permit to modify variance 85-22 (which allowed a 2-story non-residential structure in the side yard setback) by converting the structure into a residentail dwelling, # VAR 06-01. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Sherry L. Viernes Office Specialist Senior Enc. cc: Land Development Division (g) Building Division (y) Environmental Health (p) Department of Forestry(gld) GIS (prpl) rr E � R VARIANCE , 10.. E COPY BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) VAR 06-01 PERMIT NO. . 058-260-008 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, David and,Bonita Masarik are hereby granted a Variance to remove a condition of no residential use in an accessory building approved by a previous Variance (VAR 85-22). I. SPECIAL CONDITIONS: Planning Division 1. The owner of the parcel or lot must occupy either the main dwelling or the second dwelling unit. Prior to issuance of building permits, the property owner shall execute and record a deed restriction running with the land stipulating this occupancy requirement. The deed restriction shall be on a form approved by the Butte County Department of Development Services. 2. Applicant to comply with any requirements of the Building Division or Public Works. 3. Applicant must also comply with all other applicable state and local statutes, ordinances and regulations. Fire Department 4. Construction, installation or development of buildings and/or roads, driveways; gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations— Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 5. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. County Counsel 6. 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 1 s dpi lam'. • • 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. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this variance, and that I agree to abide fully by said conditions. Dated: /J'— a 0 a plicant NOTE: Issuance of this variance does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Chairman, Butte County Planning Commission CC: Land Development Building Division Environmental Health Division Butte County Fire Department/CDF Assessor's Office 2 i 0�u T tFo Butte County Department ofDevelopment Services 0 o Tim Snellings,Director www.buttecounty.netldds 0 0 0 0 7 County Center Drive o =`== o Oroville,CA 95965 (530)538-7601 Telephone (530)538-7785 Facsimile i FILE ADMINISTRATION*BUILDING* PLANNING MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: David and Bonita Masarik, VAR 06-01 DATE: December 9, 2005 Pursuant to Section 65863.5 of the Government Code, the following parcel, identified as 058-260-008, was: Rezoned from to zoning district. X Granted a variance to David and Bonita Masarik Issued a conditional Use Permit K:\Planning\PROJECTS\VAR\VAR Itr.doc f S 2 mrE COU Butte County Department of Development Services %3T Administration-AR 0� TF0 7 County Center Drive o 0 Oroville,CA 95965 0 _ o (530)538-7601 Telephone . o y='_ o c0U N'�y Variance File: VAR 06-01 APN: 058-260-008 Applicant: David and Bonita Masarik Date: November 21,2005 11219 Dawn Terrace Yankee Hill, CA 95965 I N V O I C E VAR 06-01 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. The following payment has been applied to your application: Flat Fee Paid July 25,2005 DEVELOP.SERVICES-Planning Flat Fee $ 1,774.00 Receipt: 434739 Total Payment $2,200.50 PUBLISHING FEE DUE $144.75 Paradise Post Butte County Code 3-44 Hourly fees;deposits;billing procedures. County code requires when the initial deposited funds are depleted to an amount equal to 25%of the original deposit,no processing of the application will occur until the applicant deposits sufficient funds to restore a balance 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 does not provide sufficient funds to continue processing an application,the application will be denied. Make checks payable to: Butte County Treasurer°and send it to us at the above address. Should you have any questions,please call Accounts Receivable from 8:00 a.m.to 4 p.m.,Monday through Friday. AMOUNT DUE AWPAYABLE g1b �' BY NOVEMBER:21, 20`0`5? "t $1.4.4. 75:; K:\FISCAL ADMIN\BILLINGS 8 REFUNDS0005 invoices\PUBLISHING INVOICES\Masarik VAR 06-01 11-21-05.xls F.. 11/18/2005 Butte County Department of Development Services 3:43 PM Pre-Bill Worksheet Page 1 Nickname VAR 06-01 1 Masarik Full Name David and Bonita Masarik Address 11219 Dawn Terrace Yankee Hill CA 95965 Business Fait Home (530) 532-9583 Other In Ref To APN 058-260-008 Notes 058-260-008 Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 7/27/2005 Sherry 137.00 0.29 39.46 No Charge 9455 Initial Processing - Clerical 0.29 39.46 Input, initial clerical processing of application. 8/1/2005 Carl 137.00 0.42 57.08 No Charge 9492 Circulation - Planner 0.42 57.08 Determine an application's completeness/circulate for staff - comments/analysis. 8/2/2005 Carl 137.00 2.68 367.27 No Charge 9493 Circulation - Planner 2.68 367.27 Determine an application's completeness/circulate for staff comments/analysis. 8/2/2005 Sherry 137.00 1.82 249.04 No Charge 9495 Initial Processing - Clerical 1.82 249.04 Input, initial clerical processing of application. 8/4/2005 Larry 137.00 0.75 102.75 No Charge 9507 Mapping 0.75 102.75 Generate maps for current projects. 8/17/2005 Mark 137.00 0.50 68.50 No Charge 9597 Meeting - Planner 0.50 68.50 Time spent in meetings (Not incl. Public Hearings). Completeness IDR 8/18/2005 Mark 137.00 0.39 52.94 No Charge 9603 Correspondence - Planner 0.39 52.94 Letters generated by planner regarding the project or application. Complete Letter 8/26/2005 Mark 137.00 2.03 277.46 No Charge 9669 Site Review 2.03 277.46 Field review of project site/vicinity including travel time. 10/12/2005 Mark 137.00 0.41 55.98 No Charge 10008 Report Wor Project Analysis 0.41 55.98 Reports and/or project analysis related to the application. 11/18/2005 Butte County Department of Development Services 3:43 PM Pre-Bill Worksheet Page 2 VAR 06-01:David and Bonita Masarik (continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 10/12/2005 Mark 137.00 1.34 183.58 No Charge 10014 Report Wor Project Analysis 1.34 183.58 Reports and/or project analysis related to the application. 10/20/2005 Mark 137.00 0.71 97.46 No Charge 10114 Report Wor Project Analysis 0.71 97.46 Reports and/or project analysis related to the application. 10/20/2005 Mark 137.00 0.17 23.67 No Charge 10125 Report Wor Project Analysis 0.17 23.67 Reports and/or project analysis related to the application. _ 10/20/2005 Mark 137.00 2.53 347.10 No Charge 10136 Report Wor Project Analysis 2.53 347.10 Reports and/or project analysis related to the application. 10/25/2005 Mark 137.00 1.50 205.50 No Charge 10139 Report Wor Project Analysis 1.50 205.50 Reports and/or project analysis related to the application. 11/16/2005 Sherry 137.00 0.25 34.55 No Charge 10239 NOD/NOE Processing 0.25 34.55 Processing and Permit for NOD/NOE following Hearing.. 11/17/2005 Lynn 137.00 0.65 89.05 No Charge 10254 Mtg - Clerical 0.65 89.05 Arrange/attend associated with project review TOTAL Billable Fees 0.00 $0.00 No Charge 16.44 $2,251.39 Date Employee Price Quantity Amount Total ID Expense Markup % 10/27/2005 PUBLISH 144.75 1.000 144.75 Billable 10127 Publishing Expense Publish in Newspaper- Paradise Post 10/27/05 F06-092 TOTAL Billable Costs $144.75 Amount Total Total of Fees (Time Charges) $0.00 Total of Costs (Expense Charges) $144.75 11/18/2005 Butte County Department of Development Services 3:43 PM Pre-Bill Worksheet Page 3 VAR 06-01:David and Bonita Masarik (continued) Amount Total Total new charges $144.75 Accounts Receivables DatellD Type Description 7/25/2005 INV Invoice - Flat Fee Project $1,774.00 2004 7/25/2005 PAY Payment - Receipt #434739 ($1,774.00) 2005 ATR#86763 7/25/2005 INV Invoice - NOD/NOE Recording Fee $36.00 2006 7/25/2005 PAY Payment - NOD/NOE Recording Fee- Receipt #434739 ($36.00) 2007 ATR# 86763 Total Accounts Receivable $0.00 Total New Balance $144.75 Employee Summary Employee Rate Hours Charges Slip Value Adjustment CD 0.00 3.10 $0.00 $0.00 0.00 MM 0.00 9.58 $0.00 $0.00 0._00 LP 0.00 0.75 $0.00 $0.00 0.00 LR 0.00 0.65 $0.00 $0.00 0.00 SV 0.00 2.36 $0.00 $0.00 0.00 r NOTICE OF EXEMPTION TO: Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: Variance, VAR 06-01 CA ACE J. U1313:3,B TT CO.CLERK BY_ =DEPUTYQ Assessor's Parcel No.: 058-260-008 Applicant:, David and Bonita Masarik, 11219 Dawn Terrace, Yankee Hill;CA 95965 Project Location-Specific: At the end of Dawn Terrace Road off of Sky Crest Drive (11219 Dawn . Terrace)west side of Hwy 70, Yankee Hill Project Location-City: Yankee Hill Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: to modify variance 85-22 (which allowed a 2-story non-residential structure in the side yard setback) by converting the structure into a residentail dwelling Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) Ministerial (Sec. 15073) Declared Emergency[Sec. 15071(a)] Emergency Project [Sec. 15071 (b)and (c)] X Categorical Exemption. 15303 (c) Statutorily Exempt— 15274(a) Reasons why project is exempt: A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Contact Person: Mark Michelena Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: NOY 4 20 Tim Stlellings, De ve nt Services Director DEVELQPMEIt1T SERVICES' 4 �6, Checklist for: O� ATR ' Signature Sent to Recorder %=�OL5 Returned �. Final Billing - N , DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT David and Bonita Masarik 11219 Dawn Terrace Yankee Hill, CA 95965 FILING NO. Project Title/File Number: Variance,VAR 06-01 APN: 058-260-008 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ( ) B. De Minimis Impact- Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee . $36.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s)#434739 2. ( ) NON-PAYMENT: The above fees are required.Not paid. 'Chief Planning Official By: Tim Snellings,Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: November 15, 2005 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. APPENDIX A COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASUR.ER'S RECEIPT OROVILLE, CA ATR NO 06763 RECEIVED FROM PLANNING BAG 330 DATE 712612005 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 7MG RECEIPTS: .434733-434755 PLANNING ADPL FEES GENL 9010 44 01 4210M 101001 4.,972.00 PrUject Number Amount of Fee APN O58-280-0%DAVID&BONITA MASARIK-VAR M01 $1,774 APN 071-300 23-QONNA CLARK-TPM 08-62 $3,198 LAND DEVELOPMENT GENL 0010 44=4 A 611700 101001 552.00 Project Number. Amount of Fee APN(158-230-039-DAVID Q 8ONITA IvASARIK-VAR OMi $i89 APN 071-300-023-DONNA CLARK-TPM 00.02 $491 ENVIRONMENTAL HLTH GENL 0010 5.40003 4514901 101col 385.00 Project Number Amount of Fere APN 058-280-0%DAVID&BOiJITA MASARIK-VAR 08-01 v .... . - $143 APN 071-300-023-DONNA CLAP,K-TPA O5-02 $24Z t , - FIRE PLNG ADPL FEE FIRE PROTECT WOO 4617240 31€301 317.00 `;, Project Number Amount of Fee APN 058-26G-059-DAVID&.BONI[A MASARIK-VAR O0-01 $54 APN 079-300-023-DONNA CLARK-TPM 08-02 $263 NODANOE CLERK'S FILING FE GENT_ 10 470M1 4612319 101001 72.00 ($3q) Project Number' Amount of Fee APN 058-250-053-DAVID&BONITA MASARIK-VAR OB701 $36 APN 071-3013-023-DONNA CLARK-TPM 08-02 $36 AGRICULTURE AG FEE C1€i10 46M1 4612100 , 101001 65.00 Project Number Amount of Fee APN 058-2$(1-059-DAVID&BONITA WSA.RIK-VAP.03-01 $32.50 APN 07i-300-023-DONNA CLARK-TP;, 08-02 $32.50 TOTAL 69 3.00 APPROVED BY: RECEIVED BY: AUDITOR-CON ROLLER TREASURER white=treasurer pink=auditor caknary=-depositor golden r4ici=file Butte County Department ofDevelopment Services °�O T TF° PLANNING DIVISION ° ° 7 County Center Drive o ° Oroville CA 95965 ° .__-;• o (530) 538-7601 Telephone °�, - may° (530) 538.7785 Facsimile 0IJK ADMINISTRATION * BUILDING * PLANNING November 14, 2005 David and Bonita Masarik 11219 Dawn Terrace Yankee Hill, CA 95965 Re: Variance, VAR 06-01, AP: 058-260-008 Dear Mr. and Mrs. Masarik: At the regular meeting of the Butte County Planning Commission held November 10, 2005, your request for a to modify variance 85-22(which allowed a 2-story non-residential structure in the side yard setback) by converting the structure into a residentail dwelling on property zoned, FR-10, (Foothill Recreational, 10-acre parcels) and located At the end of Dawn Terrace Road off of Sky Crest Drive(11219 Dawn Terrace)west side of Hwy 70,Yankee Hill, was approved subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Monday,November 21, 2005 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965. The appeal fee of$50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar-day appeal period, the action of the Planning Commission is final. PLANNING FEES Your project .required a deposit of funds to begin processing of your application. You will be receiving an invoice detailing the planning charges incurred against that deposit. In the event the charges have exceeded the initial deposit,you will be invoiced for those charges that have exceeded the amount deposited and for additional funds to be deposited for the completion of the project. If your project has been completed and there is a balance remaining of your initial deposit,it in ay be applied to an applicable additional fees as described below. If there are no additional fees,you will pp Y pp be refunded the balance of your deposit. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Pursuant to Section 66020(d)(2)of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter,please contact Mark Michelena at 538-7376 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Commission Clerk Encs. Uletters\merge letters\ppprvandot Brute County Department ofDevelopment Services ° OT rFo PLANNING DIVISION 7 County Center Drive o 0 Oroville, CA 95965 ;o. - o (530).538-7601 Telephone (530)538.7785 Facsimile cOUN'�y ADMINISTRATION * BUILDING * PLANNING October 28, 2005 ` David and Bonita Masarik 11219 Dawn Terrace Yankee Hill, CA 95965 Re: VAR 06-01, AP: 058-260-008 Dear Mr. and Mrs. Masarik: Enclosed is a copy of the Agenda Report concerning your application for a to modify variance 85-22 (which allowed a 2-story non-residential structure in the side yard setback) by converting the structure into a residentail dwelling on prop6rty zoned FR-10(Foothill Recreational, l0-acre parcels) and located At the end of Dawn Terrace Road off of Sky Crest Drive (11219 Dawn Terrace) west side of Hwy 70, Yankee Hill. 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 November 10,2005, 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 538-7376, between 8:00 a.m. and 4:00 p.m.,Monday through Friday. Sincerely, 4 Lynn Richardson Commission Clerk Enc. BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—November 10, 2005 Applicant: David and Bonita Masarik Location: At,the end of Dawn Terrace Road off of Sky Crest Drive, File#• VAR 06-01 west side of Highway 70, at 11219 Dawn Terrace Road, Yankee Hill Request: An Amending Variance to Planner: Mark Michelena, remove a condition of no Senior Planner residential use in an accessory building approved Attachments: by a previous Variance(VAR 85-22) A: Resolution -_with attached Variance G.P.: Foothill Area Residential(1 B: General Plan/Zoning Map acre minimum parcel size) Zoning: FR-10 (Foothill Residential, C: Variance 85-22 10-acre minimum parcel D: Board of Supervisors Action size) -August 20, 1985 Zone Date: August 17, 1982 E: Planning Commission Report/Minutes—June 20, 1985 APN: 058-260-008 F: Applicant's Comments Supervisor 1 G: Public Comments District: Parcel Size: 7.95 acres H: Site Plan EXECUTIVE SUMMARY: The applicant is requesting to amend a previously approved Variance (VAR 85-22) to remove a condition that did not allow the structure to be used as a residential dwelling. Staff recommends approval of this project with findings and conditions. PROJECT DESCRIPTION: • The applicant requests to amend an approved Variance (VAR 85-22) by removing the following condition: #1 - Structure shall not be rented, leased or in any way used as a dwelling unit. • The applicant's desire to remove the condition is to allow the structure as a residential dwelling. ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■November 10,2005 ■David and Bonita Masarik VAR 06-01 ■Page 1 of 3 ■ SITE CHARACTERISTICS: • The project site is located in Yankee Hill. The parcel size is approximately 7.95 acres. Approximately 42% of the parcel (western portion) is over 30% slope. • The site is developed with an existing dwelling and attached garage, accessory structures (including a carport,pump house and existing workshop/hobby shop) and agricultural uses. • Surrounding parcels range in size from 5 to 23.7 acres, with an average parcel size of 12.1. Land uses on surrounding and nearby parcels are primarily dwellings at rural residential densities. ANALYSIS: • The structure in question was built without first obtaining building permits. A variance was required to receive building permits. • The original variance was denied by the Planning Commission, but the appeal was upheld by the Board of Supervisors granting and allowing a two-story accessory (non-residential) structure to be located 5 feet from a side parcel boundary. The zoning at the time, and still is,FR-10 (Foothill Residential 10-acre minimum)which requires a 10-foot side setback. • The variance allowed the location of the structure to encroach into the setback, but restricted the use of the structure. • The structure was approved as a hobby/workshop with septic and water. The structure appeared to be built for easy conversion to a residential dwelling (per staff report for original variance). • The FR-10 zoning at the time when the variance was applied for did allow for a second dwelling if the.size of parcel was at least 20 acres. The parcel size is 7.95 acres. A permanent second dwelling could not have been established. • Previous zoning was A-2, which had a 5-foot side setback requirement. • Under Butte County Code Section 24-50.10, Standards and conditions for grant of variance, states a variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. As stated above, at the time of granting the variance, a second residential dwelling was not permitted. • On March 22, 2005, the second dwelling ordinance changed and now allows second dwellings on parcels on residentially zoned parcels as long as it can meet required County regulations. • The proposed second dwelling has been proven to meet necessary septic and water requirements. • An adjacent parcel has added a second dwelling. ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■November 10,2005 ■David and Bonita Masarik VAR 06-01 ■Page 2 of 3 ■ APPLICANT'S COMMENTS: • The applicants have submitted a history of the parcel and the reason for the original variance. (Attachment F) PUBLIC COMMENTS: • The adjacent parcel owner has submitted in a complaint form stating that they do not want to see the accessory structure turned into a residential second dwelling. (Attachment G) CEQA ISSUES: This application for an amendment to a previously approved Variance to allow the conversion of an accessory structure to a residential dwelling is determined to be Categorically Exempt from environmental review under Section 15303(c), which states that the California Environmental Quality Act exempts the construction or conversion of small structures of one residential dwelling, or a second dwelling in a residential zone. Foothill Residential is a residential zone. K:V'Tanning\PROJECTSWARWasarik.VAR 06-01\Agenda Report for PC.doc ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■November 10,2005 ■David and Bonita Masarik VAR 06-01 ■Page 3 of 3 ■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING VARIANCE 06-01 WHEREAS, the Planning Commission has considered Variance 06-01 for David and Bonita Masarik, in accordance with Chapter 24, Section 50; Variance, of the Butte County Code on Assessor's Parcel Number 058-260-008; and WHEREAS, the Planning Commission has determined the variance as categorically exempt in accordance with the California Environmental Quality Act; and WHEREAS, said variance was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a public hearing was held on November 10, 2005; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project is Categorically Exempt from environmental review under the Section 15303(c). This section states that the California Environmental Quality Act exempts the construction or conversion of small structures of one residential dwelling, or a second dwelling in a residential zone. Foothill Residential is a residential zone. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. A. The custodian of the record is the Department of Development Services Planning Division. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Makes the following Variance findings: A. The existing Variance (VAR 85-22) allowed the structure to be located less than ten feet from the side parcel boundary. B. The development of a second dwelling on the parcel will not grant a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. C. The project is physically suitable for the use and density of the proposed development because of the proposed parcel sizes provide adequate soils for leachfields, well locations and building sites that will not result in significant physical changes to the property. III. Approves Variance 06-01 and the special conditions found as set forth in the attachment(Exhibit A)to the resolution. Exhibit A VARIANCE BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) VAR 06-01 PERMIT NO. 058-260-008 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the conditions set forth below, David and Bonita Masarik are hereby granted a Variance to remove a condition of no residential use in an accessory building approved by a previous Variance (VAR 85-22). I. CONDITIONS OF APPROVAL: Planning Division 1. The owner of the parcel or lot must occupy either the main dwelling or the second dwelling unit. Prior to issuance of building permits, the property owner shall execute and record a deed restriction running with the land stipulating this occupancy requirement. The deed restriction shall be on a form approved by the Butte County Department of Development Services. Fire Department 2. Construction, installation or development of buildings and/or roads, driveways, gates and bridges.on parcels/lots shall comply with the latest California Fire Safe Regulations— Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 3. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of.permit issuance and maintained continuously thereafter. County Counsel 4. 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. A- loft II. NOTATION A. 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. f A-2of2 Exhibit A VARIANCE BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) VAR 06-01 PERMIT NO. 058-260-008 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County 'of Butte and the special conditions set forth below, David and Bonita Masarik are hereby granted a Variance to remove a condition of no residential use in an accessory building approved by a previous Variance (VAR 85-22). I. SPECIAL CONDITIONS: . Planning Division 1. The owner of the parcel or lot must occupy either the main dwelling or the second dwelling unit. Prior to issuance of building permits, the property owner shall execute and record a deed restriction running with the land stipulating this occupancy requirement. The deed restriction shall be on a form approved by the Butte County Department of Development Services. 2. Applicant to comply with any requirements of the Building Division or Public Works. 3. Applicant must also comply with all other applicable state and local statutes, ordinances and regulations.. Fire Department 3. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations— Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 4. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. County Counsel 5. 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 A- loft 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. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this variance, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this variance does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Chairman, Butte County Planning Commission CC: Land Development Building Division Environmental Health Division Butte County Fire Department/CDF Assessor's Office A-2of2 dial a VICINITY MAP pp Y Elliott R R9 Uw"mo'� jpdd 85 v 5$ eusdmmm a e a � s m 6 + Project Location p Ir p F f q g Po' a � a s O � i as o�fism-pen�R m7fj u am-Pante Rd „„ i � a 1 °R 1 F � VAR 06-01 058-260-008 TO tam to FPQ FRO P-Q � FR 1I1__—___ k Rd G LO R �� 1 h a 1\m n \1`3 ,o CD �^ Project LocationAl - -- (FAR \� kk F7SFR-10 FAR \\1 l\ IN 8 l a \I 00' \ 1,400 700 0 1,400 2,800 4,200 5,600 7,000 8,400 9,800 11,200 12,600 Feet N BUTTE COUNTY PLANNING COMMISSION W E Applicant: David&Bonita Masarik Owner: Same Hearin Date:November 10,2005 @ 9:00 a.m Existing Zone: FR-10,Foothill Recreational,10 acre min.) S Request: To modify Variance 85-22 (which allowed a 2 story non-residential structure in the Supervisorial District#1 side yard setback)by converting it into a residential dwelling. Assessor Parcel No: 058-260-008 File: VAR 06-01 L ATTACHMENT C VARIANCE BUTTE COUNTY BOARD OF SUPERVISORS __9gRtember_24,,_1985_________ DATE ---------------------- - es-aa VARIANCE NO. 58-26-OB ASSESSOR'S PARCEL N0. Pursuant to the provisions of .the. Zoning Ordinance of the County of Butte and the special conditions set forth below: Claudia and L. Clark Vollintine is. hereby granted a Variance in accordance with application filed: May 71 1985 to side yard setback to allow an existing bapfi-f feet from the property line (10 feet required) on property zone FR-10 located at the end of Dawn Terrace Road, approximately 800 feet 'so f Crest Drive, Yankee Hill area: SPECIAL CONDITIONS% 1 . Structure shall not be rented, leased or in anyway used as a _ dwelling unit. R; 2. Applicant to compy with any requirements of the Building Division of Public Works. 3. Applicant must also comply with all other applicable State and loca'. statutes, ordinances, - and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this variance, and that I agree to abide . fully by said conditions. Dated; l pplicant ------------------------------------------------ ----------------- NOTE: -------- ------------------------------------------------------- NOTE: Issuance of this variance does not waive requirement of obtainin Building and Health Department ermits before starting construction, nor does it waiv any of requi ements. C airman of Hoard of Supervisors CC: Department of Public Works (2) Health Department s' Department of Forestry ATTACHNMNT D Public Hearings and .Timed Items 85-537 Claudia and L. Clark Vollintine - appeal of the Planning Commission's denial of a -variance. to side yard setback (item determined to be categorically exempt from environmental review) to allow an existing barn five feet from the property line (10 feet required) on -property zoned FR-10 .(foothill recreational - 10 acre parcels), property located at the end of Dawn Terrace Road, .approximately 800 feet south of Crest Drive, approximately 1/4 mile west of Highway 70, identified as AP 58-26-08, Yankee Hill area (from 7/16/85). Motion: NOTED THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW: AND FOUND THAT THIS PROJECT MEETS THE REQUIREMENTS OF THE BUTTE COUNTY CODE SECTION 24-49 IN THAT BECAUSE OF SPECIAL CIRCUMSTANCES APPLICABLE TO THE PROPERTY,. INCLUDING SIZE, SHAPE; TOPOGRAPHY, LOCATION OR SURROUNDINGS, THE STRICT APPLICATION OF THIS CHAPTER DEPRIVES SUCH PROPERTY OF PRIVILEGES ENJOYED BY OTHER PROPERTY IN THE VICINITY AND UNDER IDENTICAL ZONING CLASSIFICATION. GRANTED VARIANCE.. TO ALLOW THE STRUCTURE FIVE FEET FROM THE PROPERTY ' LINE ON AP 58-26-08 (CLAUDIA AND CLARK VOLLINTINE) SUBJECT TO THE FOLLOWING CONDITIONS: (1) STRUCTURE SHALL.. .NOT . BE RENTED, LEASED x: OR IN ANY WAY USED AS A DWELLING UNIT; (2) APPLICANT TO COMPLY WITH ANY REQUIREMENTS OF THE BUILDING DIVISION OF PUBLIC WORKS; (3) APPLICANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE STATE AND LOCAL - STATUTES, ORDINANCES, AND 'REGULATIONS. M S Vote: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried) tnrrmn rntymw unAim np C1iDFRVTCnRS MTNHTF.R - /must 20. 1995 ATTACHMENT E FILE NO. : AP J8-26--06 BUTTE COUNTY PLAP;r INC rO-tr-iYSSI ON fir?PF FINDINGS •J'l.n_ 20. 1985 APPLICANT: Claudia and L. Clark Vo:.l intine OWNER: ,_:osru. Palms investment Company REGU'=Q : kjar ,ance to side yard setback to allow an existing barn I ft . from the property tie (10 feet raquired) SIZE: 4 acres : f)T&N- At the end of Dawk Terrace Road, south of Sky Crest. Dn i ve, west off Highway 70 , Concow ire: . .-. isTT_r`iCa Z��hIIt�IG; FR-1 LUNING HISTORY: Zoned FR-10 Aug. 17 , 1982 Ord. 2308 Toned A-2 Aug. 29, 1955 Ord. 522 _�tJE': !_Ji'�;)Ir•;r; ZONING: FR--10, FR-2, H- SURROUNDING LAND USE: Rural Residential 6'ENERAL PLAN DESIGNAT ION4 Agricultural Residential Ac'r•t ICA 'LE= REGULATIONS: Dut to County Code Sec. 24-49A Ca. Government Code Sec . 65906. Qr•ir•QTS RECE I VEI): C Fpar_ment_df_Fores �-v� "No comments" "No objection to variance. No conditions. '' *'Q i-c_QQaL "Show hardship other building in this area are setback , issuance of this va.ri. anca :Mould upset the intygrity of the neighborhood. " BUTTE COUNTY PL MIQ COMMISSION STAFF FINDING - June 20, 1995 Page This is a request for a variance to side yard setback to allow a two story structure 5 feet from the property line in an t=R-10 zone (10 ft. requirement) . The FF-10 zoning was approved August, 17l 1982 as part c the Concow Area rezone. The prior zoning was A-2. Postcards were sen out notifying each property owner of this rezone. An inspection of the site shows that the cement slab foundation , framing , siding and roof have been completed. This work was completed without building permits or an agricultural building exemption. This building is called 'a. barn by the applicant , but appears to be constructed in a ;manner that far ul d allow it to be converted to a dwelling with minimal changei. Openings have been loft in the framinc ;or dcws and, in the . pLt_ ir_ , Kr r a deonr leading ta a balcony. y� nU i vi+. ual rooms have been framed both upstairs and 'downstairs. The >>.ppli cant received approval and installed two separate septic systems, one to serve the house and one to serve the barn. Final - approval was granted July 26, 1978. .It should be made clear to the applicant that this :ening a.l;.ows only cne single family dwelling' per parcel . Although ugh this parcel is 7. 95 acres most of it exceeds 30 slope. ' Thos_ this does Limit the building area , there is still sufficient space- to locate the structure out of the setback. I't does not, .appear the rpquired findings for granting .a variance with respect to size, shape. apography, location or surroundings are present in this case. y_ r0MQQDATIQN: 0, Note that this preject j._, categ?rlcal. ly exempt from environmental review; and 8. Find that this project does not meet the requirements of Butte County Code Section 24-49 or California Government Code Section 65906 in that. vari Ances from the terms of this chapter shall be granted only when ,. ` ecause of special circumstances applicable to the property, inOuding size, shapei topography, location or wur rDundingi, the sari qt application of this chapter deprives sun' property of privi, tagr5 enjoyed by other property in the vicinity under identical zoning classKication; and Deny the Variance. t..o Allow a structure 5 ft. from the property li on AP 58-26-08 (Claudia and L. Clark Vollintine) . If the Commission can mi=ke the findings of Sec i ton 24-49 with regard deprivation of privileges, then it would be proper to; A. Note that this project is categorically exempt from environmental review; and B. Find that this projQct meet_: the requirements of the Butte County Code Section 24-49 in t.hat because of special circumstances applicable to the property , includingsize , shape, topography, location or surroundings , the strict application of this chapter deprives such property of privileges enjoyed by other property in BUTTE COUNTY PLANK. CON T.SSION STAFF FINDING - 'Juno 20, 1955 Page 3 C. Grant a Variance to allow a. structure 5 ft.. from the side property line on AP 58-26-08 (Claudia and L. Clark: Vollintine) subject to the following conditions: 1 . Structure shall not be rented , lensed or in any way used as a {welling unit. 2. Applicant to comply. with any requirements of , the Building Division of Public Works. Applicant must also comply wish .all other applicable State and local CBS: 1 r Attachments to Commission and Cities: Location- Exhibit i Site Flan Letter from Boynton. dtd. 4/29/85 I , I Claudia and L . Clark Vollintine Var.ian,�e ( Categorically Exempt ) to side yard setback to allow an existing barn S ft . from the property line ( 10 ft . requi;-(.--d ) on property zoned FR-10 ( Foothill Recreational - 10 acre parcels ) located at the end of Dawn Terrace Road , approximately BOO feet south of Sky Crest Drive, approximately 1 /4 mile west of Highway 70 , identified as AP 58-26-08, Yankee Hill. .area . The Commission waived the reading of the staff findings . The hearing was opened to the public . Claudia and L. Clark Vollintine were pros-ant to speak on their own behalf . Chairman Avis- asked them if they wero aw:,re that staff had recommended denial . Mr . Vollintine responded that he was requesting that it not be denied, adding that they had purchased the property years ago and worked on it during the summers . They put in the foundation for the barn two years ago. They insisted they were j, unaware that the setback requirements had been ch-inged since they made their plans 10 or 11 years ago. Commissioner Walter asked if the barn was intended as a residence; Mrs . Vollintine said it would have storage in one end , plus a harvest kitchen and a shower and lavatory . Its main purpose is as a place to pursue hobbies . Commissioner Waiter asked i :- they had checked with Public Works ; Mrs . Vollintine said her husband had been told they - didn 't need a building permit for a barn , orily fora house. Commissioner Avis asked when this was; i-1r . Vollirit-in . said it was in August of 1963. Chairman Avis asked when they had moved in permanently ; ti,-s . Vollintine said in 1981 . Commissioner Walter ask,:?d if they had received a notice of rezoning; Mrs; . Vollintine said no. John, BoyntQrl , a neighbor- on adjoining property , stated " i started this ." He felt that the Voliir.tines ' :story structure is too close to the property line , and with its picture wirndow:a " it *.; very obvious what he 's building." The hearing was closed to the public . Comnissioner Walter said he had looked at the property and felt )IT.-c- differ-ence between a 5 ' and 10 ' setback wasn 't that important. He. said he felt the Volli.ntines had made ari honest mistake, they have a significant investment in this , moving it would bce a hardship, and "we helped cause it 'by rezoning ." Commissioner. Lambert observed that if the rezoning was dune in 1982 and the building took place in 1983, "we didn 't suddenly change it. " r _ W& US - J1,ne 20, 1985, Commissioner Lambert asked about the 2 septic tarik permits; Bettye Kircher said that the .zoning allows one single-family home per parcel , and. no second residence. Commissioner Walter said that Condition 1 on page 3 of the staff findings addressed this . Commissioner Lambert ,asked if the variance would go with the land; Bettye Kircher said yes . Commissioner lambert said she felt the condition ( one residence per parcel ) would . be hard to enforce . Commissioner Lynch said he had a problem with this , adding that they should have asked about the setbacks. Commissioner Vercruse said this is "not a barn ," adding that this Commission has run into this problem a lot in this past ar,d had been lenient. She referred to the second paragraph irr Mr . Boynton 's letter as making a valid point = "We strongly object to this flagrant abuse of building codes and laws . If this violation is parirtitted to pass with only being required to _purchase a building permit ;1rrd being granted a property line variance we say that this is baloney . If this is the case , why should any- of us get building permits or Fray any attention to zoning regulations . The whole thing is wrong . Every building law j has been broken plus he has devalued our property by at least $15, 000 by loss of our pri.vacy ." The following motion for denial was made by Comrri�3sioner' Lynch and seconded by Commissioner Lambert : A . Note that this project- is categoricaily exempt from 'environmental review ; and B . Find that this project does not meet the r•equirer*;en,.s ui Butte County Code Section 21-99 or California G,Iver nment '_:oda Section 65906 in that variances frcm the terms of this chapter shall be granted only when , because of special circumstances applicable to the property , including size , shape, topovrap:;y , location or- surroundings ,. rsurroundings ,. the strict application of this - haptor• (iciprivej suet; property of privileges enjoyed by other- prrpN rty in the vicinity and under identical zoning c.lassificatirlr, ; .1rr•1 C . Deny the Variance to allow a structure ft . from the property line on AP 58-26-08 ( Claudia and L. Clark Vollintine ) . The motion passed by the following vote: AYES: Commissioners Lynch , Lambert , Vercruse and Chairman, Avis . NOES : Commissioner Walter .a:� .�s � ...M '.. ANNING :CISSZ4N tITTS - June.,2U, 1985 . . . .. ATTACHMENT F ATTACHMENT NO. 1 -Extraordinary circumstances A. 1. Size=non-conforming 7.95 acres •2. Shape= Steep mountains and canyon terrain 3. Topography and Location Because of the placement of both permanent structure on this property which goes hand in hand with the (topography) special care had to be taken where to place the septic tanks and leach lines where they wont encroach with the well and pump house . In the early 1980's the decision was made base on the topography of the land which dictated the best possible site for the structures, septic tanks, leach lines, and pump house. This property is 7.95 acres it sounds like a lot of land and that you should be able to build anywhere but in reality you have very little building area,the parcel is locate on top of a small hill which is share by five other parcels,the structure that is currently classified as barn/workshop/hobby shop,which we want to reclassify as a second unit dwelling sits on the only other possible building site,the west side of this structure as a slight slop for about 50 feet then it drops off to a 30% slop and as much as 60% in places. Leach lines because of their length must be going away from the structures and not thru adjoining property parcels,they are in the best possible location going in a northwest direction, they also must be kept clear of all wells plus the fact wells just can't be dug anywhere you have j to fine the best possible site for water. 4. Surroundings Privileges enjoyed by other property in the vicinity and under identical zoning classification i.e. second dwelling units on parcel 058-260-003, adjoining our property. A new manufactured second dwelling home added this year at 11216 dawn terrace. We are entitled to the same privilege pursuant to the second dwelling state law code ZCA 05-01 and Government Code Section 65852.2 Standards to evaluate proposed second residential units BUTTE COTIN TY JUL2 5 2005 DEVELOPMENT ATTACHMENT NO. 2 PAGE 1 4. B. The granting of the Variance is necessary for the presentation and enjoyment of substantial property rights is supported by the following: Pursuant to State Law 05-01, Government code Section 65852.2 Standards to evaluate proposed second dwelling units. (H) (2)No other local ordinance,policy, or regulation shall be the basis for denial of a building permit or use permit under this subdivision. Regulation=a governing direction or law. General Plan-Housing Element: Property Rights=CDB Grants . 1. Special Needs=Large Families=7 Low Income Disabled J State Law=Fair Share Allocation We have by right as property owner's to be treated equal as our neighbors. Being as they have a second dwelling on their propertyfor their daughter and son-in-law and family to live in to be near their parents,this year 2005, so do we. We have a substantial amount of money invested in this property. All property rights that are afforded to property owners in Butte County and the State of California, are applicable to us. Please refer to state planning, zoning, and development laws also Butte County. We are requesting a variance for the preservation and enjoyment of our substantial property rights. The request for the variance is to change the designation from a Hobby/Workshop=Permitted Barn to a one bedroom second dwelling. For my husband and myself. My son,his wife and our young grandchildren to live in the primary house. This is one of the very reason's why this State Law was enacted=6582.150. I..e. provide housing for family members and the elderly, and an increased sense of security. The project meets the requirements of the Butte County Code Section 24-49, in that because of special circumstances applicable to the property,including, size, shape,topography, location or surroundings. The strict application of this chapter deprives such privileges enjoyed by other BUTTE COUNTY JUL 2 5 2005 WEVELOPMENT SERVICES property in the vicinity and under the identical zoning classification. Findings. The project meets,building and zoning code's within the Foot Hill Residential General Plan and FR1 thru FR-160 zoning, surrounding zoning also includes FR-2, H. C. The project=building is already CEQA exempt Project Background: The original and only previous owners purchased the land in the 1970's because of the topography and rugged,wilderness of the property. Established two building pads, one for the primary dwelling and one for the accessary building. Graded and poured the cement on both pads,had septic=leach fields installed 1978. Then concentrated on building the primary house. Originally the area was A-2 in the 1950's in the summer at their leisure in the late 70's and early 80's started on the accessary building first as a barn. Mrs. Vollintine wanted a hobby/workshop harvest kitchen for canning and a shower+lavatory. The main purpose to pursue hobbies. In 1982 the zoning was changed,the Vollintines seem to be caught in the middle of the zoning changes. The then next door neighbor the Boytons now claimed the accessary building was to close to the property line, when the new zoning came into being. The two became enemies and a personal feud began. The Boytons recruiting neighbors, friends etc. against the Vollintines. The Vollintines were forced to get a variance because of the new zoning. The variance was granted in 1985 because th accessary building was within 10 feet from the property line. However 3 conditions were.attached. Number 1. Condition was attached to appease the neighbor the Boyton's. The structure shall not be rented or used as a dwelling. At that particular time in 1985,when the variance was granted,the zoning was FR-10 and only one house per property was allowed. So why wasthat a condition? You can't have two rulings of land at the same time. It was a unfounded condition at that time and should be rescinded. Condition No. 2: Applicant must also comply with any requirements.of the building division of public work. Condition No. 3: Applicant must also comply with all other applicable state and local statutes, ordinances, and regulation. As we are doing now we are complying with all-other applicable State and local statutes, ordinances: LAW 05-01. PAGE 2 As time went on the Vollintines applied for and received permits to have the structure as a hobby/workshop. All plans,plumbing, electrical, septic was approved,by the county. Mr. Vollintine was quite elderly by now and passed away from a heart attack in 1996 consequently the accessary building was never completed or fmaled . The neighbors,the Boyton's moved away, and sold their property to the present owners the Clanton. Mrs.Vollintine continued to live here alone for the next 14 or 15 years or so (approx). She was very elderly by now and never had the building finished. She stored old furniture,books etc. inside the structure. The whole property became neglected and rundown. The main house was in a filthy rundown condition. The outside completely out of control,years and years of pine needles and undergrowth became a major fire hazard waiting to happen. The property was put up for sale by Mrs. Vollintine's son. We bought the property in Nov 2004. Mrs. Vollintine moved to Sacramento. We had the intention of letting our son,his wife and our 3 grandchildren live in the primary house, being as the prices of houses are skyrocketing and out of reach for most young-families. With us converting and living in the accessary building, as a one bedroom second dwelling unit. We have worked hard to clean the property of fire danger,untold mounds of pine needles,brush etc. We have restored the vegetable garden and small orchard renovated the primary house new appliances, carpeting through out etc. We get along with all our neighbors,and we all seem to be in the same age group. We watch out for each other as far as fire danger's are concerned, and share maintenance of our private road. The primary house although large 2,300 square feet only has two (2)bedrooms. There are seven of us sharing the house, so it is crowded . This is why we need a variance for the accessary building. PAGE 3 ATTACHMENT NO. 3 . 4. C. The granting of the.Variance: Our primary house is a permanent structure and is the best house on Dawn Terrace at the almost top of the hill. Other home's are mobile, and dome's some are nice some are very rundown and an eyesore. Our accessary building is a permanent structure, even now while the inside is still unfinished, it is far better than some of the mobiles surrounding us: The Variance can bring the other property's up and increase the value in our area. It will not adversely affect the neighborhood. It can only improve it. It will not be detrimental to the public health, safety, or welfare. I i I ATTACHMENT NO. 4 Description of project containing the following information: 15. Residential=One bedroom= Second dwelling unit,two people,1728 sq.ft, not for sale or rent. 16.N/A 17. N/a i 18.N/A 19.N/A I i i ATTACHMENT NO. 5 Environmental Setting: No. 32. Workshop/HobbyShop=two story building permitted, downstairs workshop,toilet, shower, laundry,room, sink. Large work area.,Inside staircase leading to second floor. Second floor large hobby/sewing room, closet space. Bathroom,toilet, shower. Total size of accessary building 1,728 sq. ft. walk out deck off up stairs hobby room. Accessary building permitted and plumbed for hot and cold water, drains, all electrical wiring and outlets. With 2 bedroom septic tank and leach line inspection certificate. Appropriate windows, doors, and insulation,plus gravel driveway. Accessary building located on the only other level pad on property. Pine trees, jack rabbits, and turkeys can be seen on the property. Property already deemed CEQA exempt. Next to building is a 3 car carport. No. 33. Surrounding property's 2-10 acre's. All properties are residential. Mixture of mobile's, dome home's permanent structure home's. Two properties have second dwellings. All property's gravel private drives. Topography is tall pines,neighbor's built on top of the hill,with steep canyon views. Land use residential,one family, although some have two. Set backs,rear, front yards,according to code, as far as we know. :2 PPI 24 / APN 58-26-07 S82•41 1071.18' / i PARCEL 300 C5 1 / 52 PM 24 Z APN 58-26-08 / ,0 0 � v, 0 0 2 r / • N88'08'57"W ego / .� ^o. i \ \ \ .2 00,, \ J /l 660.04' 76.00,0 7.4' 110.5 BUILDING LOCATION PLAN LANDS OF DAVE MASARIK PARCEL 4 BUTTE COUNTY CALIFORNIA 52 PM 24 SIERRA WEST SURVEYING APN 58-26-09 BUTTE COUNTY 5437 BUCK OLIVE DR. (530)877-6253 - Rn PARADISE. CAUFORNIA 93969 d 2UU� DESIGNED BY R8P APPROVED ON: JOB NO. SHEET E NT CKD. By R.G.AGEE JR. 8834 i / �� SERVICES �VtCES DATE 6/30/05 BY: FILE NO. OF SCALE 1 n - 106; RCE NO / 1 ATTACHMENT G BUTTE COUNTY DEVELOPMENT SERVICES A �N Date: AP# Owner: Zoning: Address: 1 'Z i 5 �'�"'°" �C"�Z 2h c General Plan: 012-0 _— Supervisorial District# Complaint/Violation Location: /1 2% 4>Aa, N L &(n TYPE:C[ Buildg_ [ ]Health [.Manning- Complaint Taken By: COMPLAINT: 1.r ggo 1.4 ,TMS .�,,,.� r-t :✓�-�nl .f' Q2�-7- �r� uc..a �3�a.�,��f ,7_1�.e��_�d%4� •�.-L. .� ..�`.r' .���... ..�� .� 0„�, ; Caution: [ ]Yes [ ]No Permit History on File: [ ]None [ ]As follows: INSPECTOR'S REPORT Tenant: Address: Decription of Violation: Approx. Size of Bldg./M.H. Approx.Age of Bldg./M.H. [ ]Occupied Has Electricity: [ ]Yes [ ]No Has Gas: [ ]None [ ]Propane [ ]Natural [ ]Vacant Has Sanitation: [ ]Yes [ ]No Obvious Sewage Problems? [ )Yes [ ]No Under Construction: [ ]Yes [ ]No Built by/for: [ ]Present Owner [ ]Previous Owner Hazards:[ ]No [ ]Yes,(explain) Person Contacted: Describe Action Taken: INSPECTOR MUST ATTACH A COPY OF THE CORRECTION NOTICE! ACTION RECOMMENDED Inspector: Date: [ ]Information Only,File [ ]Hold for Days [ ]Complaint Unfounded [ ]Other [ ]Resolved per Inspector's Report [ ]Send Letter for Compliance 1 Butte County Department of Development Services �OTTF YVONNE CHRISTOPHER,DIRECTOR o 0 0 0 7 County Center Drive o /� o Oroville,CA 95965 (530)538.7601 Telephone 011 (530)538.7785 Facsimile U N ADMINISTRATION*BUILDING*GIS *PLANNING August 18, 2005 ' David and Bonita Masarik 11219 Dawn Terrace Yankee Hill, CA 95965 Re: Application Complete—Variance for David and Bonita Masarik, APN 058-260-008, File#TPM 05-13 Dear Mr. and Mrs. Masarik: Pursuant to Section 20-62 (1 and 2) of the Butte County Subdivision Ordinance and Section 65943 of California Government Code, Title 7, Division 1, the above referenced project was deemed "complete" on August 17, 2005. Environmental review in order,to determine what type of environmental document to be conducted, will be completed within the next 30 days pursuant to the California Environmental Quality Act. Upon conclusion of environmental document and staff report, the project will be scheduled for,action by the Butte County Planning Commission. You will be notified by mail of the date, time;and location"of that meeting. Should you have any further questions regarding this matter, I can be reached between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538-7376, or via e-mail at mmichelena@buttecounty.net. i Sincerely, Mark Michelena Associate Planner IDR Meeting Project Date Issues: -Department. --- . _..._.- ... ... .. _ . . --.. . Issues.—... - ._....._... ......_. . . - Decision-. . .... Planning CDF Building Ag Commissioner Public Works Env-Health Assessor County Counsel Butte County Department of Development Services Planning Memorandum August 2, 2005 To: Inter-Departmental Review Committee Subject: Completeness of Application, Masarik, VAR 06-01 Planner: Mark Michelena APN: 058-260-008 Location At the end of Dawn Terrace Road off of Sky Crest Drive (11219 Dawn Terrace) west side of Hwy 70, Yankee Hill 30-Day Complete: 8/25/2005 Date of IDR: 8/17/2005 Please respond by August 15, 2005, regarding completeness of application. Do you find this application complete? ❑ I No. What is needed to make the application complete? ® Yes. Conditions and/or mitigation measures (please respond by 09/01/05). Standard Conditions are attached. for your convenience. No comments. Signature: Date: (Please send your response to mmichelena@buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo, County Counsel, the Assessor's office,the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 8/17/2005. I Michelena, Mark From: Jones, Darren Sent: Tuesday, August 16, 2005 9:24 AM To: Michelena, Mark Subject: ' Variance 06-01; David and Bonita Masarik The existing barn has an approved 2 bedroom septic system which meets all current setbacks. No floor plans of the barn were received, but if it is renovated to a one bedroom as proposed the existing septic is more than adequate. Water supply for both dwellings will come from the existing well. • i i BUTTE COUNTY STANDARD CONDITIONS FOR VARIANCE APPLICANT: David and Bonita Masarik DATE: 7/25/2005 AGENT: APN: 058-260-008 FILE #: VAR 06-01 PLANNER: Mark Michelena PROJECT DESCRIPTION: to modify variance 85-22 (which allowed a 2-story non-residential structure in the side yard setback) by converting the structure into a residentail dwelling Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: J. FIRE CLEARANCE X 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resc urces Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. , Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required"is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. X 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. • Butte County Department of Development Services Planning Memorandum August 2, 2005 To: Inter-Departmental Review Committee Subject: Completeness of Application, Masarik, VAR 06-01 Planner: Mark Michelena APN: 058-260-008 Location At the end of Dawn Terrace Road off of Sky Crest Drive (11219 Dawn Terrace) west side of Hwy 70, Yankee Hill 30-Day Complete: 8/25/2005 Date of IDR: 8/17/2005 Please respond by August 15, 2005, regarding completeness of application. Do you find this application complete? ❑ No. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures (please respond by 09/01/05). Standard. Conditions are attached for vour convenience. Signature: Darren Read Date: 08/10/05 (Please send your response to mmichelena@buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application,including maps,has been sent to Environmental Health, LAFCo,County Counsel,the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 8/17/2005. Butte County Department of Development Services Planning Memorandum August 2, 2005 To: Inter-Departmental Review Committee Subject: Com leteness'of Application, Masarik, VAR 06-01 Planner: Mark Michelena APN: 058-260-008 Location At the end of Dawn Terrace Road off of Sky Crest Drive (11219 Dawn Terrace) west side of Hwy 70, Yankee Hill 30-Day Complete: 8/25/2005 Date of IDR: 8/17/2005 Please respond by August 15, 2005, regarding completeness of application. Do you find this application complete? I E],j No. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures No apparent adverse agricultural issues, no other conditions or mitigating measures. Signature: Robert C . Hill , - Deputy Ag . Commissioner Date: August 4 2005 (Please send your response to mmichelena@buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo,County Counsel,the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 8/17/2005. I I i M, T�mtam tn -WaLe Rd t C 1 P=Q ! _ GOL- SR�s .v P X� FAR, 1t ` 1 m n canto PPQ m � 'P AFAR 0 AFAR N t ' Project Location FR - e .AR. v I / (FAR, , f d FA,R i SAAR \`\, o CL . m� TPZ-160 AARP 1,400 700 0 1,400 2,800 4,200 5,600 7,000 8,400 9,800 11,200 12,600 Feet N BUTTE COUNTY PLANNING COMMISSION W E Applicant: David& Bonita Masarik Owner: Same Hearin Date' Existing Zone: FR-10,Foothill Recreational,10 acre min.) $ Request:To modify Variance 85-22 (which allowed a 2 story non-residential structure in the Supervisorial side yard setback)by converting it into a residential dwelling. District#1 Assessor Parcel No: 058-260-008 File: VAR 06-01 i t tf ' J. Owner Owner—add Citystzip BAKER CATHERINE 11216 DAWN TER OROVILLE CA 95965 BANKS DESMOND G & GWENDOLYNN O 11212 DEZ CT OROVILLE CA 95965 CLANTON FRANK D & PATRICIA 11201 DAWN TERRACE OROVILLE CA 95965 DUNCAN DENNIS & SUNJA 11228 DAWN TERRACE DR OROVILLE CA 95965 EIDSON EVONNE E• 1249 CRAIG DR CONCORD CA 94518 EYSLEE A FARISS & LORI A ETAL 3875 COUNTY RD P ORLAND CA 95963 LUCID-MOYNIHAN TIMOTHY A& CATHLEEN M PO BOX 1357 APTOS CA 95001 MASARIK DAVID & BONNIE 11219 DAWN TER OROVILLE CA 95965 MCDOWELL RONALD R&VICTORIA B P O BOX 4284 YANKEE HILL CA 95965 MCDOWELL RONALD R&VICTORIA B P O BOX 4284 YANKEE HILL CA 95965 PURCELL A W & NORMA E 11269 DAWN TERRACE , OROVILLE CA 95965 SAYEGH BROTHERS LLC ETAL 6026 CLARK RD STE A PARADISE CA 95969 SOUDERS DOUG &CONNIE E JT 3535 SUNSET CANYON OROVILLE CA 95965 SPENCER DEBRA K 3550 ALDEN WAY#19 SAN JOSE CA 95117 TOKIOKA KENJIRO 11281 DAWN TER OROVILLE CA 95965 i i Adilk OFFICE OF COUNTY COUNSEL ! lt, E COPY REQUEST FOR LEGAL SERVICES Date Submit : August 2, 2005 Department: Development Department From: Phone Number: (530) 538-6821 Dedaltment Head Signature Contact Person: Sherry L. Viernes Phone Number: (530) 538-5260 PLEASE INDICATE TAE TYPE OF ASSISTANCE REQUESTED X Opinion Request Briefly explain the issue: Request for comments for planning project: Masarik, David and Bonita, VAR 06-01, APN 058-260-008. (Attach additional documents as necessary) Request for Ordinance/Resolution Briefly explain the nature of requested Ordinance/Resolution: Is there an existing Ordinance/Resolution: YES NO If yes,please attach or cite existing County Code provisions: Other Briefly explain the assistance requested: PRIORITIZATION Indicate the priority of this request, taking into consideration any prior pending requests. Requests receiving a "high" priority will automatically take precedence over existing pending department projects, unless otherwise indicated. High Moderate Low Comments. FOR COUNTY COUNSEL USE ONLY Date Received: Attorney Assigned: Log Out Date: UrE COSA; Butte County Department of Development Services Planning Memorandum August 2,' 2005 To: Inter-Departmental Review Committee Subject: Completeness of Application, Masarik, VAR 06-01 Planner: Mark Michelena APN: 058-260-008 Location At the end of Dawn Terrace Road off of Sky Crest Drive (11219 Dawn Terrace) west side of Hwy 70, Yankee Hill 30-.Day Complete: 8/25/200.5 Date of IDR: 8/17/2005 Please respond by August 15, 2005, regarding completeness of application. Do you find this application complete? .❑ I No. What is needed to make the application complete? ❑ Yes. Conditions and/or mitigation measures (please respond by 09/01/05). Standard Conditions are attached foi-your convenience. Signature: Date: (Please send your response to mmichelena@buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo, County Counsel, the Assessor's office,the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 8/17/2005. • BUTTE COUNTY STANDARD CONDITIONS FOR VARIANCE APPLICANT: David and Bonita Masarik DATE: 7/25/2005 AGENT: APN: 058-260-008 FILE #: VAR 06-01 PLANNER: Mark Michelena PROJECT DESCRIPTION: to modify variance 85-22 (which allowed a 2-story non-residential structure in the side yard setback) by converting the structure into a residentail dwelling Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ I. 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 of building 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 ❑ I. 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. BUTTE COUNTY STANDARD CONDITIONS FOR VARIANCE APPLICANT: David and Bonita Masarik DATE: 7/25/2005 AGENT: APN: 058-260-008 FILE #: VAR 06-01 PLANNER: Mark Michelena PROJECT DESCRIPTION: to modify variance 85-22 (which allowed a 2-story non-residential structure in the side yard setback) by converting the structure into a residentail dwelling Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. SEWAGE DISPOSAL AREAS ❑ I. Prior to the issuance of a building permit,the applicant shall meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. 2. Prior to the issuance of a building permit,those wells indicated on the site plan that are proposed to be destroyed in order to provide required usable sewage disposal areas, shall be destroyed under a valid Butte County Environmental Health Division permit. ❑ 3. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 4. Prior to the issuance of a building permit, meet the requirements of the(Watershed Protection Zone) (Villa Verona Moratorium Area)(Cohasset Specific Plan). E. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of a building permit,provide a source of domestic water for the building on(lot) (parcel) ❑ 2. Prior to the issuance of a building permit,verify that domestic water can be provided to meet minimum standards for and other suspected contamination. F. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. G. EXISTING COMMUNITY SEWER ❑ 1. Prior to the issuance of a building permit,under a permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on(lots)(parcel(s)) to public sewer. BUTTE COUNTY • STANDARD CONDITIONS FOR VARIANCE APPLICANT: David and Bonita Masarik DATE: 7/25/2005 AGENT: - APN: 058-260-008 FILE #: VAR 06-01 PLANNER: Mark Michelena PROJECT DESCRIPTION: to modify variance 85-22 (which allowed a 2-story non-residential structure in the side yard setback) by converting the structure into a residentail dwelling Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. BUILDING PERMITS ❑ 1. Building Permits Required. Prepare# 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. Proposed improvements constitute a"change in use"or"change in the character of use"as stated in the building code. Improvement plans shall incorporate all code-required elements for the new use. ❑ 3. All structures shall be made accessible to the disabled. Disabled accessible parking and an accessible path of travel shall be provided. ❑ 4. Proposed improvements shall comply with Title 24 energy conservation regulations. Appropriate compliance forms(two sets)shall be submitted indicating compliance with those standards. ❑ 5. Proposed improvements shall comply with Butte County Code and FEMA Flood Hazard Prevention regulations. A FEMA Elevation Certificate, prepared by a qualified professional, shall be completed and submitted with improvement plans for the Building Division. ❑ 6. Proposed improvements shall comply with recorded map conditions applicable to construction. ❑ 7. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe Construction standards. ❑ 8. 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. I. EXISTING STRUCTURES ❑ 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire- resistiveness of existing buildings. ❑ 2. Existing building(s)shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s)or the existing building(s)shall be demolished. • BUTTE COUNTY • STANDARD CONDITIONS FOR VARIANCE APPLICANT: David and Bonita Masarik DATE: 7/25/2005 AGENT: APN: 058-260-008 FILE #: VAR 06-01 PLANNER: Mark Michelena PROJECT DESCRIPTION: to modify variance 85-22 (which allowed a 2-story non-residential structure in the side yard setback) by converting the structure into a residentail dwelling Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: J. FIRE CLEARANCE ❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the.Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A�note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required"is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. Butte County Department ment Service• P .ment of Develo P PLANNING DIVISION o�UTTF0 /��� o 7 County Center Drive o �/� o Oroville,CA 95965 c �- 0 (530)538-7601 Telephone �+ y (530)538-7785 Facsimile OUN'� Date August 2, 2005 TO: FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: David and Bonita Masarik Variance VAR 06-01 APN: 058-260-008 DATE OF Inter-Departmental Review: 8/17/2005 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: August 15, 2005 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: September 1, 2005 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, to be determined at the Inter-Departmental Review (IDR) Committee meeting on 8/17/2005, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: to modify variance 85-22 (which allowed a 2-story non- residential structure in the side yard setback) by converting the structure into a residentail dwelling. PROJECT LOCATION: At the end of Dawn Terrace Road off of Sky Crest Drive (11219 Dawn Terrace) west side of Hwy 70, Yankee Hill. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: FR-1 0((Foothill Recreational, 10-acre parcels)) GENERAL PLAN: FAR(Foothill Area Residential) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at mmichelena@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR COMMITTEE — APPLICATION COMPLETE: No (Please send response to Mark Michelena by 08/15/05) Yes (Conditions/mitigation measures due by 09/01/05) Document) r� ja. "DRAFT LEAD IN SHEET FILE NO: �I A{� D C� AP# 05-9 - Z60 - a VA APPLICANT: mo u,,,;y idr OWNER: ,e REPRESENTATIVE: PROPOSED REQUEST: (to be filled out by person taking in application) 75— el .,i e*+ e 2 - zde- FINAL REQUEST: (to be filled out by project planner) 7o�I12D�J6tl� U,�2 i�,.✓cz�' R S_a a��,��,..m0 ,i a-z7-o,�� ,aoy/�c,�s,d�,Jn�t. S't2y CAtl�t'/r t 7'cl S J �c.&2 sW i A�a e : -� L.g i/�2 7'��✓� T - TRdCru4cf ` AiT-0 /i SIZE: l LOCATION: Z e e 4�dee l 0.14 T1 T rhe or= =R ' = - 5 Uz sr e /I a I C ' L✓ 1sT `� �d� mn �-lr� "7J . �''_' -• • .iJ2w,at_ SUPERVISORIAL DISTRICT# EXISTING ZONING: GENERAL PLAN DESIGNATION: ASSIGNED PLANNER: � � PLANNER'S INITIALS Date Application Received b 7. 6 A Date Proiect Assigned 0 :7 -,l IDR Date . g I J / 1 ® 49 30 Day Complete �S O Tentative Hearing Date KAP1anning\Forms\Lead In Sheet.doc COMMENT DISTRIBUTION LIST County Offices and Cities: Chief Administrative Officer X Develop.Services Director X Public Works Director X Environmental Health X Assessor X Building Manager Sheriff _BCAG _ALUC X LAFCo _Air Quality Mgmt. _Butte Co.Farm Bureau Biggs _Gridley _Chico _Oroville _Paradise Chico Airport Commission Information Systems Dept. _Animal Control X Agricultural Commission X County Counsel Irrigation District: _Butte Water —Biggs/W.Gridley Water _Durham Irrigation _South Feather Water&Power Agency _Paradise Irrigation _Richvale Irrigation Table Mountain Irrigation _Thermalito Irrigation District _Other Domestic Water _Butte Water District _California Water Service Co. _Del Oro Water Co. OWID _Thermalito Irrigation District _Other Sewer _Butte Water District _Themalito Irrigation _Sterling City Sewer Main _Skansen Subdivision(CSA 21) _L.O.A.PUD Fire Protection X California Department of Forestry _EI Medio Fire Protection District Recreation Districts _Chico Area Recreation _Durham Area Recreation _Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities _PG&E _Chambers Cable TV _SBC Viacom Cable TV State Agencies _CalTrans(Traffic) _Dept.of Water Resources _Dept.of Fish and Game _Forestry(Attn:Craig Carter) _Dept of Parks and Rec. _Highway Patrol _CA Reg.Water Quality Control Board _Caltrans,Aeronautics Program _Office of Governmental&Env.Relations _Department of Conservation _Office of Mining Reclamation Dept.Sociai Services,Comm.Care Licensing Federal Agencies _US Forest Service _US Bureau of Land Management _US Fish&Wildlife Service Army Corps of Engineers _National Marine Fisheries Service Other Districts,Agencies,Committees,etc. _Lime Saddle Dist _Community Association School Districts _Drainage _Butte Env.l Council _Reclamation _Cal Native Plant Society _Butte Co.Mining Committee _Forest Ranch Community Assoc. _Paradise Pines Com. 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ERacord:.,�rii r - T t 1 ^'' "_r -`c r a �' `€ $ E •4 d� e � `�`7 '�`! +r x: II ovr+5. rl.►�fd 8713< :_` 9v .. 13 a Y _._,... ... r v € .. __ .F v _ tiY •- .LAST NAME Cf APPUCNJTp ,� c^'c^' -c: .��.,,.. axr^""4�, r: -.r �.+•• .. "...., _.c. :.:., "^+S•'-•.'3�7.xa. .S CI1P5 i I 'T � ,;•`\ :' ?i�STare(r�,��1Os''1<101 a x�nti< ri�eo me"'-` wheu,yrme"dr� ®nwaosde�v '�'cEnwTeT� ®nFnu�"`r�fi (�e9�k� e.• `'�o1a� • .. '. ". . ,• 1, .. , "., •' \ • ROBERT L. HEWITT ARBITRATION ATTORNEY AT LAW -ARBITRATOR FAK530.534.9395 ALL CALIFORNIA COUNTIES SB#057294 E-mail: rhewitt@cncnet.com 1876 BIRD STREET OROVILLE,CALIFORNIA 95965 TELEPHONE:530.534.8393 November 1, 2005 Pat & Frank Clanton 11201 Dawn Terrace Oroville, CA 95965 RE: Objection to Application for Variance- File#06-01 Dear Mr. & Mrs. Clanton: Enclosed please find the objection regarding the above mentioned matter. Please note that it is your responsibility to file the objection with the Planning Commission. - Should you have any questions, please,do not hesitate to contact this office. Sincerely, Roert L.4Hft� Attorney at Law RLH:ar 1 iii,=,•.:; • 1 VARIANCE BUTTE COUNTY SOARD ..OF SUPERVISORS -��.eQt�t�bQC,?4s_1$8�____---_-. DATE r----------------- VARIANCE 'NO. . ASSES`8CR e s PARCEL-NO.. Pursuant .to the 'provisions of _.the. Zoning Ordinance of the County of* Butte and the special c:onditi.ons set forth below: Claudia and L. Clark' Voll.inti�ne .is: hereby. ,,.granted a Variance in accordance .with application filedt May 7, 19S5 to .side yard setback to allow an ex_t:o ng ba feet from the :property Line (10 feet required) on property tone R-10 located at' the end .of Dawn 'Terrace Roads approxifaately 800 feet o f Crest Dr -ve:; Yankee -Hill area: SPECIAL CONDITIONS's 1. Structure 'shalI not be rented, leased or in any 'way .used as a dwelling .unit.. 2. Applicant to campy with any requirements of the Building Division of ' Public. .Works. 3. Applicant must ,also comply with all other applicable State. and local statutes, ordinances; and regulations. I. hereby declare under penalty of perjury that I have .read the .. f:or:egoi:ng .condi.t,ions, that they are in. fact the conditions which were impvsi6d upon the granting of this variance, and that I agree to abide fully by said conditions. i 7 '.lican. PP ----------------- ------------=-- --------- ------- ----------------- NOTE: Issuance of this variance does not waive requirement of obtaining Building and Health Departmentermits before starting construction, nor does it waiv any of : requi eeients. -C airman of-Hoard of Supervisors CCs Department of Public Works (2) ;a Health Department .t Department of Forestry BUTTE COUNTY PLANNING COMMISSIONS . TO: CLERK OF THE BUTTE COUNTY PLANNING COMMISSION COMMENT AND OBJECTION TO PROJECT VAR 06-01 TO MODIFY VARIANCE 85-22 TO CONVERT STRUCTURE INTO A RESIDENTIAL DWELLING AT 11218/11219 DAWN TERRACE; OROVILLE APPLICANT: DAVID AND BONITA MASARIK APN 058 260 003/058 260 008 The undersigned respectfully object to and protest granting of application VAR 06-01 by David and Bonita Masarik on the following grounds: Objectors reside at 11201 Dawn Terrace, Oroville CA 95965 1. Applicants' immediate predecessor-in-interest, Claudia and L. Clark Vollintine applied for a -variance to,"allow an existing barn five feet from the property line(10 feet required)"on their property adjoining Objectors' real property. The restrictions then-required that the structure not be used in any way as a dwelling unit,and that the Applicant comply with Public Works requirements. (See the attached"Plot"Map and Variance dated September 24, 1985). The AP Number at that time was 058 260 003. 2. The structure is approximately five feet(5')from the neighbor's adjoining fence and does not conform to building code setbacks or to the variance granted in 1985. (See Photograph attached). 4. The structure,as a dwelling to be occupied,creates unwarranted additional noise and activity and interferes with Objectors peace and quite, and in exercising.Objectors lawful activities. 5. The structure,as a dwelling, is within ten feet(10)of Objectors' sole means of ingress and egress on an unpaved dirt road. If the application is granted,objectors' use of the access road for usual and normal ingress and egress will cause issues of health to occupants of the structure. 6. Use of the barn as a dwelling does not conform to zoning of the specific real property,nor of the zoning in the immediately adjoining real property. 7. The siting of the proposed dwelling will prevent or will tend to prevent the agricultural development of Objectors' real property. 8. The structure is-not thirty feet(30)or more away from Objectors' prope line and creates a potential for health, safety, and fire issues. Respectfully submitted, October 31,2005, at Oroville, California. `'' ''` 4.7 r. rank Clanton,Objector Patricia Clanton, Objecto .M V r •Y e v Q Vo tj �O _ z N . 10 .ry • 4 �, P 21. r• nom,: �J• 1 � � . ` ' - � fE .. � ,i b. •?. � ` y t � �..� � - Yy :�� ' 7 Y 5 �° Page 1 of 1 Michelena, Mark From: Read, Darren [Darren.Read@fire.ca.gov] Sent: Monday,.Oct,,ber 24, 2005 3:28 PM To: Michelena, Mark Subject: RE: Masarik VAR 06-01 APN 056-260-008 Mark, Sprinklers are not required. Typically only on TPM's and UP. The conditions attached are correct. Thanks DaiTen Read Fire Captain, Fire Protection Planning Law Enforcement & Fire Prevention Bureau CD.F Fire, Butte County Fire Rescue 176 Nelson Ave. Oroville CA 95965 (530) 538-7888, Office (530) 538-2105, Fax From: Michelena, Mark [mailto:MMichelena@buttecounty.net]. Sent: Monday, October 24, 20053:24 PM To: Read, Darren Subject: Masarik VAR 06-01 APN 056-260-008 Darren, I have attached your conditions for this project. This is a conversion of an accessory structure (hobby/workshop) that was approved by a variance (85-22)on October 14, 1985 to a residential dwelling. The structure was built without permits back in the early eighties. They applied for building permits back in 1985. Your conditions do not include required fire suppression sprinklers. I apologize, but I'm not sure if you told me that since the structure was built back in 1985, and not as a residence, that a conversion to a residential dwelling would not require the fire sprinklers condition. Please let me know, I'm trying to finish up the report for the 11/10/05 Planning Commission Hearing. Thank you so much. Murk Michelefta, Seftzor Plnttrner Butte County Department of Development Services Planning Division 7 County Center Drive,Oroville,CA 95965 530-538-7376,FAX:530-538-7785 10/25/2005 BUTTE COUNTY PLANNING COMMISSION NOTICE OF A PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing is published for Thursday, November 10, 2005, in the Butte County Board of Supervisors' Room, County Administration Center,25 County Center Drive,Oroville,California,regarding the following item: ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW Name: David and Bonita Masarik Project: Variance VAR 06-01 Planner: Mark Michelena APN: 058-260-008 Location: At the end of Dawn Terrace Road off of Sky Crest Drive (11219 Dawn Terrace) west side of Hwy 70, Yankee Hill Proposal: to modify variance 85-22 (which allowed a 2-story non-residential structure in the side yard setback) by converting the structure into.a residentail dwelling The above mentioned application is on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call:Mark Michelena,(530)(530)532-9583,(Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above application in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION PAUL MCINTOSH, INTERIM DIRECTOR OF DEVELOPMENT SERVICES i To be published in the Paradise Post , Thursday, October 27, 2005. • • BUTTE COUNTY PLANNING COMMISSION AGENDA - June 20, 1985 (7:00 p.m. , 25 County Center Drive, Oroville) I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. CONSENT AGENDA - Approval of Minutes of June 6, 1985 IV. PUBLIC HEARINGS: 7:30 p.m. Thermalito Irrigation District - proposed Negative Declaration, General Plan Amendment from Public to Foothill Area Residential and Rezone from P-Q (Public-Quasi Public to FR-20 (Foothill Recreational - 20 acre parcels) for property located on the south side of Concow Reservoir, identified as AP 58-16-04 and 58-17-01, north of Oroville. (Continued open from 4/18/85, 85-29A & B) 8:00 P.M. Claudia and L. Clark Vollintine - Variance (Categorically Exempt) to side yard setback to allow an existing barn 5 ft. from the property line (10 ft. required) on property zoned FR-10 (Foothill Recreational - 10 acre parcels) located at the end of Dawn Terrace Road, approximately 800 feet south of Crest Drive, approximately 1/4 mile west of Highway 70, identified as AP 58-26-08, Yankee Hill Area. 8:15 p.m. Butte County Humane Society, Inc. - Use Permit (Categrocially Exempt) to allow the expansion of a dog kennel on property zoned A-2 (General) and S-H (Scenic Highway) located on the north side of Humboldt Avenue, 450 ft. west of E1 Monte Avenue, identified as-AP 46-26-61, Chico. 8:30 p.m. Praying Monk Mines and Singing Creek Mine - To consider modification or revocation of a use permit for amendment to an approved Use Permit allowing mining exploration to permit the use of explosives, on property zoned TM-40 (Timber Mountain - 40 acre parcels), located on a portion of Sections 3, 10, and 11, T22N R3E in the Little. Butte Creek Canyon, northwest of the Town of Paradise, north of Wagstaff Road, identified as AP 51-03-32, 33, 34, 35, and 36, Paradise area. (Continued closed from 5/9/85) 8:45 p.m. Ronald T. Dreisbach - proposed Negative Declaration and Use Permit to allow lumber processing including a sawmill and a lumber/pole producing facility on property zoned A-2 (General) located on both sides of Bean Clipper Road, 1/4 mile south of La Porte Road, identified as AP 73-21-38, Clipper Mills area. 9:00 P.M. Oroville Church of the Nazarene - proposed Negative Declaration and Use Permit to allow a church and related facilities including a gym and auditorium on property zoned R-3 (Medium Density Residential) located on the south side of Monte Vista Avenue, 1/4 mile east of Lincoln Blvd. , identified as AP 36-16-56 and 59, Oroville. 9:15 p.m. Lloyd Brocklehurst - Variance (Categorically Exempt) to rear yard setback to allow a deck to the property line on property zoned RT-1 (Single Family Residential - Trailers) located on the west side of - Silverleaf Drive, approximately 200 feet north of Greenbriar Drive, approx. 200 ft. north of Greenbriar Dr. , Kelly Ridge, identified as AP 69-10-13, Oroville. V. ADJOURNMENT BENE COUNTY PLANNING COMMISS* NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, June 20, 1985, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items at the following times: ITEMS DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 8:00 p.m. Claudia and L. Clark Vollintine - Variance to side yard setback to allow an existing barn 5 ft. from the property line (10 ft. required) on property zoned FR-10 (Foothill Recreational - 10 acre parcels) located at the end of Dawn Terrace Road, approximately 800 feet south of Crest Drive, approximately 1/4 mile west of Highway 70, identified as AP 58-26-08., Yankee Hill Area. 9: 15 P.M. Lloyd Brocklehurst- Variance to rear yard setback to allow a deck to the property line on property zoned RT-1 (Single Family Residential - Trailers) located on the west side of Silverleaf Drive, approximately 200 feet north of Greenbriar Drive, Kelly Ridge, Oroville area, identified as AP 69-10-13, Oroville. j ITEMS ON WHICH NEGATIVE DECLARATIONS REGARDING ENVIRONMENTAL IMPACT HAVE BEEN RECOMMENDED 8:45 p.m. Ronald T. Dreisbach - Use Permit to allow lumber processing including a sawmill and a lumber/pole producing facility on property zoned A-2 (General)-. located on both sides of Bean Clipper Road, 1/4 mile south of La Porte Road; identified as AP 73-21-38, Clipper Mills area. 9:00 P.M. Oroville Church of the Nazarene - Use Permit to allow a church and related facilities including a gym and auditorium on property zoned R-3 (Medium Density Residential) located on the south side of Monte Vista Avenue, 1/4 mile east of Lincoln Blvd. , identified as AP 36-16-56 ' and 59, Oroville. The above mentioned applications, maps and negative declarations regarding environmental impact are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. BUTTE COUNTY PLANNING COMMISSION B. A. KIRCHER, DIRECTOR OF PLANNING TO BE PUBLISHED IN THE OROVILLE MERCURY ON THURSDAY, JUNE 6, 1985. N i ; L IJ .. v July 10, 1985 Len Fulton, Chairman Board of Supervisors 25 County Center Drive Oroville, CA 95965 Dear Supervisor Fulton, I am requesting the Board of: Supervisors uphold the Butte County Planning Commission's denial of the variance request of Claudia and L. Clark Vollintine to allow a structure five feet from the property line, ten feet required, on the AP 58-26-08 Yankee Hill area, because it . goes entirely against the Butte County building and density codes. County codes and zoning codes should be enforced for the protection of all property owners. Whatever you allow them to do, all other property owners should be able to do also. Strict adherence to obtaining build- ing permits and following building codes and set backs would solve a - lot of future problems in growing communities. Sincerely, Karrol Sagmeister Rt. 1, Box 272 K Oroville, CA 95965 Notice of Public Hearing attached M-1_\� \ N-G P:Q _gig ! FR-40 P-Q �� FR-1.0 i� k Rd – I C a SR S �1 \�\ \\ !� 1 !A l\ ^�m) n Ca�Y°� r\ o FR-2— FR-5 R-2 FR-5 41 C \\a \ Project Location FR-10 \\ o� �• FRS f y � \_-- FR-20 FR-2— X R-2 \\ Q, m TPZ-160 `A, � \ y FR-5 1,400 700 0 1,400 2,800 4,200 5,600 7,000 8,400 9,800 11,200 12,600 Feet BUTTE COUNTY PLANNING COMMISSION N W E Applicant: David& Bonita Masarik Owner: Same Hearin Date:November 10,2005 @ 9:00 a.m Existing Zone: FR-10,Foothill Recreational,10 acre min.) S Request: To modify Variance 85-22 (which allowed a 2 story non-residential structure in the Supervisorial side yard setback)by converting it into a residential dwelling. District#1 Assessor Parcel No: 058-260-008 File: VAR 06-01 BUTTE COUNTY DEVELOPMENT SERVICES ..�•,•,•• `�N. •,,•,••••'•,,,`••i •:::',,,,: (••••',:'I:;•i,•.I'�i'',,,`'i:is�•,�: A Date: AP# J 2-6 0 —da C� Owner: Zoning: Address: 1 General Plan: 012-0 Supervisorial District# Complaint/Violation Location: /l TYPE: f�jBuildi [ ]Health [.�lannin� Complaint Taken By: COMPLAINT: 1.J, Z, 1 a Caution: [ ]Yes [ ]No Permit History on File: [ ]None [ ]As follows: INSPECTOR'S REPORT Tenant: Address: Decription of Violation: Approx. Size of Bldg./M.H. Approx.Age of Bldg./M.H. [ ]Occupied Has Electricity: [ ]Yes [ ]No Has Gas: [ ]None [ ]Propane [ ]Natural [ ]Vacant HasSanitation: [ ]Yes [ ]No Obvious Sewage Problems? [ ]Yes [ ]No Under Construction: [ ]Yes ( ]No Built by/for: [ ]Present Owner [ ]Previous Owner Hazards:[ ]No [ ]Yes,(explain) Person Contacted: Describe Action Taken: INSPECTOR MUST ATTACH A COPY OF THE CORRECTION NOTICE! ACTION RECOMMENDED Inspector: Date: [ ]Information Only,File [ ]Hold for Days [ ]Complaint Unfounded [ ]Other [ ]Resolved per Inspector's Report [ ]Send Letter for Compliance 1 VARIANCE BUTTE COUNTY BOARD OF SUPERVISORS __Segtember_24s_1985_________ DATE 85=��- ----------------- VARIANCE NO. _5_8_-_26-08 _ __ __ ASSESSOR'S PARCEL NO. ------ Pursuant to the provisions of ...the. Zoning Ordinance of the County of Butte and the special conditions set forth below: Claudia and L. Clark Vollintine is. hereby granted a Variance in accordance with application filed: May 7, 1985 to side yard setback to allow an existing ba�i f feet from the property line (10 feet required) on property zone , R-10 located at the end of Dawn Terrace Road, approximately 800 feet 'so f Crest Drive, Yankee Hill area: SPECIAL CONDITIONSt I . Structure shall not be rented, leased or in anyway used as a _ dwelling unit. 2. Applicant to compy with any. requirements of the Building Division of Public Works. 3. Applicant must also comply with all other . applicable State and local statutes, ordinances, - and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of 'this variance, and that I agree to abide fully by said conditions. Dated: l p�nt ------------------------------------------------ ----------------- NOTE: Issuance of this variance does not waive requirement of obtainini Building and Health Department ermits before starting construction, nor does it waiv any of requi ements. C airman of Board of Supervisors CC: Department of Public Works (2) Health Department Department of Forestry 6� �JOV' - Public Hearings and Timed Items 85-537 Claudia and L... Clark Vollintine - appeal of .the Planning Commission's denial of a variance to side yard setback (item determined to be categorically exempt from environmental review) to allow an existing barn five feet from the property line (10 feet required) on property zoned FR-10 (foothill recreational - 10 acre parcels), property located at the end of Dawn Terrace Road, approximately 800 feet south of Crest Drive, approximately 1/4 mile west of Highway 70, identified as AP 58-26-08, Yankee Hill area (from 7/16/85). Motion: NOTED THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW: AND FOUND THAT THIS PROJECT MEETS THE REQUIREMENTS OF THE BUTTE COUNTY CODE SECTION 24-49 IN THAT BECAUSE OF SPECIAL CIRCUMSTANCES APPLICABLE TO THE PROPERTY, INCLUDING SIZE, SHAPE, TOPOGRAPHY, LOCATION OR SURROUNDINGS, THE STRICT APPLICATION OF THIS CHAPTER DEPRIVES SUCH PROPERTY OF PRIVILEGES ENJOYED BY OTHER PROPERTY IN THE VICINITY AND UNDER. IDENTICAL ZONING CLASSIFICATION. GRANTED VARIANCE.. TO ALLOW THE STRUCTURE FIVE FEET FROM THE PROPERTY LINE ON AP 58-26-08 (CLAUDIA AND CLARK VOLLINTINE) SUBJECT TO THE FOLLOWING CONDITIONS: (1) STRUCTURE SHALL.:.. NOT BE RENTED, LEASED OR IN ANY WAY USED AS A DWELLING . UNIT; (2) APPLICANT TO COMPLY WITH ANY REQUIREMENTS OF THE BUILDING DIVISION OF PUBLIC WORKS; (3) APPLICANT MUST ALSO. COMPLY WITH ALL OTHER APPLICABLE STATE AND LOCAL STATUTES, ORDINANCES, AND 'REGULATIONS. M S Vote: I N 2 Y 3 Y 4 N . 5 Y (Motion carried) n,rr•rn rnmrry anArn np CTIDFRVT.QnRS MTNTTVrR. - Auoust 20. 1985 � � �/- � FILE NO. : AP 58-26-06 BUTTE COUNTY PLANNlNC COMOSSION SIAM FINDINGS - June 20 . 1985 � / APPLICANT: Claudia and L. Clark Yollintine OWNER- Joshua Palms investment Company var .anca to side yard setback to allow an existing barn 5 ft. from the property line (10 feet required) AP NO. : 58-26-08 SITE: 8 acres � ���CATION; � At the end of Dawn Terrace Road, south of Sky Crest Dnive, west off Highway 70 , toncow area. ' EXISTING ZONING: FR-l0 - ZONING HISTORY: � � Zoned FR-10 Aug. 17 , 1982 Ord. 2308 Zoned A-2 Aug. 29, 1955 Ord. 522 | | SURROUNDING ZONING: FR-10, FR-2, H-C S�F�ROUNDING LAND U�E: Rural Residential GENERAL PLAN DESlGNATIONAAgricultural Residential APPLICABLE REGULATIONS: Butte County Code Sec , 24-49, Ca. Soverhment Code Sec ' 65906' COMMENTS_RECEIVED: "No comments" "No objection to variance' No conditions. " pVQQ_Wg[QL "Show hardship other building in this area are setback , issuance of this variance would upset the intygrity of the neighborhood. " I!�� -��� . v " | | BUTTE COUNTY PL01ING COMMISCION ` STAFF FINDING - June1945 Page This is a request for a variance to side yard setback to allow a two story structure S feet from the property line in an FR--10 zone (1.0 ft. reQuirement) . The FR-10 zoning was approved August 17, 1982 as part c the Concow Area rezone. The prior zoning was A-2. Postcards were sen out notifying each property owner- of thi's rezone. fin inspection of the site shows that the cement slab foundation , framing , siding and roof have been completed. This work was completed. without building permits or. an agricultural building exemption. This building is called 'Llk barn by the -Applicant , but appears to be constructed in a manner that k4r]Ul d allow it to be converted to a da e Iin!i lith ininiTra . rhanc; Openings have-- been left in the frami.nc l `air - :1r. _..T �.. y ill r. 3� � , AR _ i- a Jr IE:a..Wig -j 3 iviiy'. nc;i vi dual rooms have been framed Toth upstairs and 'dovinstai rs. The >ppl t cart received approval and installed two separate septic systems, :ir=e to serve -tha house and one to serve the barn. Final approval was granted July 26, 1978. .lt e,hould be made clear to the applicant that this z nni rig allows or)ly cn:a sl ngle family dwell inti per Flarcel . Although this parcel. is 7. 951 acres most of it cx.ceeds 7r.0 slope. , Thos_ �.hi7i does limit. the bt-Fi lriing area., there is still su-I!F f i'cient space. to i�u ate the strU-..ctLV-e QUt of the setback, It does not. appear the r •=:rquir-ed findings for gran-A-rig .a. variance, with r-espert to size, shape, -:71opography, 1 ocat.i.on or ur roundi ngs are present in this case. r.,F-rTIMMENDAT ION: i„ Note that :his, pi—ciec �'._, categorically e=xempt from environmental review; and 8. Find that this project does not meet the requirements of Butte County Code Section '24-19 or California Government Code Section 65906 in that var i,�.nces from the terms of this chapter shall be granted only when , `aecar_ise of special circumstances applicable to the prciperty, includirg size, shape, topography, location or �_Ur'rUurldi;-1gs, thF tri. -F application of this chanter demi-es sucF property of privi I.c:c,F enjoyed by other property in the vicinity e under identical zon-i nq classification; and :. . Derry the Variance to 5tr-Uctt_!.re 5 f t . from the property lir ,n AP 58-26-08 Clark Vollintine) . If the Commission can mor;.e the f i nd i ncis of 5eci ton 24--49 with regard t deprivation ofpr i ✓ l e�,�,� than it would be proper to: A. Note that this pr(o 3 ect is categorically exempt. from environmental review; and D. Find that this project meet=: the requirements of the Butte County Code Section 24-49 i n that r_et a.0 se of special ci rcu«rstances applicable to the pr-cglerty , including �:,i: >> , shape, topography, location or surr-OUndings , the strict application of this chapter deprives slich property of privileges enjoyed by other property in BUTTE COUNTY PLANNO Cj;i•i, 'T SS I ON • STAFF FINDING - June 20 , 1955 Page C. Grant a Variance to allow a. structure 5 ft. from the side property, line on AP 58-26-08 (Claudia and L. Clark: Vol.lintine) subject to the following conditions: 1 . Structure shall not be ren-ted , leased or in any way used as a swelling unit. 2. Applicant to comply with any requirements of . the Building Division of Public Works. 3. Applicant must ,also comply with all other applicable State and local _. -•iQ�'_.#_,___ 9 L;r•"',r it c..:C,'_= ,... .-a:�t.:� 2+...or:s. 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Commissioner Walter said that Condition 1 on page 3 of the staff findings addressed this , Commissioner Lambert .asked if the' variance would go with the land; Bettye Kircher said yes . Commissioner lambert said she felt the condition ( one residence per parcel ) would be hard to enforce. Commissioner Lynch said he had a problem with this , adding that they should have asked about the setbacks . Commissioner Vercruse said this is "not a barn ," .adding that this Commission has run into this problem a lot in thl? past ar,d had been lenient. She referred to the second paragraph in Mr . Boynton 's letter as making a valid point : "We strongly object to this flagrant abuse of building codes and laws . If this violation is p-3imitted to pass with only being required to .purchase a building permit and being granted a property line variance we say that this is baloney . If% this is the case, why should any' of us get, building permits or tray any attention to zoning regulations . The whole thing is wrong . Every building law has been broken plus he has devalued our property by at least $15, 000 1 by loss of our pri.vac.y ." The following motion for denial was made by Commi�3sioner' Lynch and seconded by Comm.i ss i onar Lambert : A . Note that this .project. is categoricaiIy exempt from 'environme' tat review ; and B. Find that this project does not meet the r•equireu;en,.s of Butte County Code Section 24-49 or California G ,vernmunt t:crde Section 65906 in that variances frcm the terms of thi_-r chapter shall be granted only when , because of special circumstances :applicable to the property , including size, shape, topocra,y:ay , location or surroundings , the 4lrict application of I_his - hapt or doprive�q s3uch property of privileges enjoyed by other prep-rty in the vicinity and under identical zoning classification ; -,nd C . Deny the Variance to allow a structure ti ft . from the property ' line on AP 58-26-08 ( Claudia and L . Clark Vollintir.e ) . The motion passed by the following vote: AYES: Commissioners Lynch , Lambert , Vercruse ars,-.' Chairman Avis . NOES : Commissioner Walter ��� �3NNIt3G ..CgMt�iICCSIgI3.a� BS - June,,2U 1985 r s`E` n•rrv33%._ . ~4:"'Ujs ...�c'.n .xj t' N• t� .. + � •.'s �:b ATTACHMENT NO. 1 -Extraordinary circumstances A. 1. Size=non-conforming 7.95 acres 2. Shape= Steep mountains and canyon terrain 3. Topography and Location Because of the placement of both permanent structure on this property which goes hand in hand with the (topography) special care had to be taken where to place the septic tanks and leach lines where they wont encroach with the well and pump house . In the early 1980's the decision was made base on the topography of the land which dictated the best possible site for the structures, septic tanks, leach lines, and pump house. This property is 7.95 acres it sounds like a lot of land and that you should be able to build anywhere but in reality you have very little building area,the parcel is locate on top of a small hill which is share by five other parcels, the structure that is currently classified as barn/workshop/hobby shop,which we want to reclassify as a second unit dwelling sits on the only other possible building site,the west side of this structure as a slight slop for about 50 feet then it drops off to a 30% slop and as much as 60% in places. Leach lines because of their length must be going away from the structures and not thru adjoining property parcels,they are in the best possible location going in a northwest direction, they also must be kept clear of all wells plus the fact wells just can't be dug anywhere you have to fine the best possible site for water. 4. Surroundings Privileges enjoyed by other property in the vicinity and under identical zoning classification i.e. second dwelling units on parcel 058-260-003, adjoining our property. A new manufactured second dwelling home added this year at 11216 dawn terrace. We are entitled to the same privilege pursuant to the second dwelling state law code ZCA 05-01 and Government Code Section 65852.2 Standards to evaluate proposed second residential units BUTTE COUNTY JUL 2 5 2005 DEVELOPMENT SERV ICES ATTACHMENT NO. 2 PAGE 1 4. B. The granting of the Variance is necessary for the presentation and enjoyment of substantial property rights is supported by the following: Pursuant to State Law 05-01, Government code Section 65852.2 Standards to evaluate proposed second dwelling units. (H)(2)No other local ordinance,policy, or regulation shall be the basis for denial of a building permit or use permit under this subdivision. Regulation=a governing direction or law. General Plan-Housing Element: Property Rights= CDB Grants 1. Special Needs=Large Families= 7 Low Income Disabled State Law=Fair Share Allocation We have by right as property owner's to be treated equal as our neighbors. Being as they have a second dwelling on their property for their daughter and son-in-law and family to live in to be near their parents, this year 2005, so do we. We have a substantial amount of money invested in this property. All property rights that are afforded to property owners in Butte County and the State of California, are applicable to us. Please refer to state planning, zoning,and development laws also Butte County. We are requesting a variance for the preservation and enjoyment of our substantial property rights. Thp request for the variance is to change the designation from a Hobby/Workshop=Permitted Barn to a one bedroom second dwelling. For my husband and myself. My son,his wife and our young grandchildren to live in the primary house. This is one of the very reason's why this State Law was enacted=6582.150. I..e. provide housing for family members and the elderly, and an increased sense of security. The project meets the requirements of the Butte County Code Section 24-49, in that because of special circumstances applicable to the property, including, size, shape,topography, location or surroundings. The strict application of this chapter deprives such privileges enjoyed by other t" BUTTE COUNTY JUL 2 5 2005 DEVELOPMENT SERVICES property in the vicinity and under the identical zoning classification. Findings. The project meets,building and zoning code's within the Foot Hill Residential General Plan and FR1 thru FR-160 zoning, surrounding zoning also includes FR-2, H. C. The project=building is already CEQA exempt Project Background: The original and only previous owners purchased the land in the 1970's because of the topography and rugged,wilderness of the property. Established two building pads,one for the primary dwelling and one for the accessary building. Graded and poured the cement on both pads,had septic=leach fields installed 1978. Then concentrated on building the primary house. Originally the area was A-2 in the 1950's in the summer at their leisure in the late 70's and early 80's started on the accessary building first as a barn. Mrs. Vollintine wanted a hobby/workshop harvest kitchen for canning and a shower+lavatory. The main purpose to pursue hobbies. In 1982 the zoning was changed,the Vollintines seem to be caught in the middle of the zoning changes. The then next door neighbor the Boytons now claimed the accessary building was to close to the property line,when the new zoning came into being. The two became enemies and a personal feud began. The Bo tons recruiting neighbors, friends etc. against the Vollintines. The Vollintines were forced to get a variance because of the new zoning. The variance was granted in 1985 because th accessary building was within 10 feet from the property line. However 3 conditions were attached. Number 1. Condition was attached to appease the neighbor the Boyton's. The structure shall not be rented or used as a dwelling. At that particular time in 1985,when the variance was granted,the zoning was FR-10 and only one house per property was allowed. So why was that a condition?You can't have two rulings of land at the same time. It was a unfounded condition at that time and should be rescinded. Condition No. 2: Applicant must also comply with any requirements.of the building division of public work. Condition No. 3: Applicant must also comply with all other applicable state and local statutes, ordinances, and regulation. As we are doing now we are complying with all other applicable State and local statutes, ordinances: LAW 05-01. PAGE 2 As time went on the Vollintines applied for and received permits to have the structure as a hobby/workshop. All plans,plumbing, electrical, septic was approved,by the county. Mr. Vollintine was quite elderly by now and passed away from a heart attack in 1996 consequently the accessary building was never completed or f haled . The neighbors,the Boyton's moved away, and sold their property to the present owners the Clantons. Mrs. Vollintine continued to live here alone for the next 14 or 15 years or so (approx). She was very elderly by now and never had the building finished. She stored old furniture, books etc. inside the structure. The whole property became neglected and rundown. The main house was in a filthy rundown condition. The outside completely out of control,years and years of pine needles and undergrowth became a major fire hazard waiting to happen. The property was put up for sale by Mrs. Vollintine's son. We bought the property in Nov 2004. Mrs. Vollintine moved to Sacramento. We had the intention of letting our son,his.wife and our 3 grandchildren live in the primary house,being as the prices of houses are-skyrocketing and out of reach for most young-families. With us converting and living in the accessary building, as a one bedroom second dwelling unit. We have worked hard to clean the property of fire danger,untold mounds of pine needles,brush etc. We have restored the vegetable garden and small orchard renovated the primary house new appliances, carpeting through out etc. We get along with all our neighbors,and we all seem to be in the same age group. We watch out for each other as far as fire danger's are concerned, and share maintenance of our private road. The primary house although large 2,300 square feet only has two (2)bedrooms. There are seven of us sharing the house, so it is crowded . This is why we need a variance for the accessary building. PAGE 3 ATTACHMENT NO. 3 4. C. The granting of the Variance: Our primary house is a permanent structure and is the best house on Dawn Terrace at the almost top of the hill. Other home's are mobile, and dome's some are nice some are very run down and an eyesore. Our accessary building is a permanent structure, even now while the inside is still unfinished, it is far better than some of the mobiles surrounding us. The Variance can bring the other property's up and increase the value in our area. It will not adversely affect the neighborhood. It can only improve it. It will not be detrimental to the public health, safety, or welfare. ATTACHMENT NO. 4 Description of project containing the following information: 15. Residential=One bedroom= Second dwelling unit,two people,1728 sq.ft, not for sale or rent. 16.N/A 17.N/a 18.N/A 19.N/A ATTACHMENT NO. 5 Environmental Setting: No. 32. Workshop/HobbyShop=two story building permitted, downstairs workshop,toilet, shower, laundry room, sink. Large work area. Inside staircase leading to second floor. Second floor large hobby/sewing room, closet space. Bathroom,toilet, shower. Total size of accessary building 1,728 sq. ft. walk out deck off up stairs hobby room. Accessary building permitted and plumbed for hot and cold water, drains, all electrical wiring and outlets. With 2 bedroom septic tank and leach line inspection certificate. Appropriate windows, doors, and insulation,plus gravel driveway. Accessary building located on the only other level pad on property. Pine trees, jack rabbits, and turkeys can be seen on the property. Property already deemed CEQA exempt. Next to building is a 3 car carport. No. 33. Surrounding property's 2-10 acre's. All properties are residential. Mixture of mobile's, dome home's permanent structure home's. Two properties have second dwellings. All property's gravel private drives. Topography is tall pines,neighbor's built on top of the hill,with steep canyon views. Land use residential, one family, although some have two. Set backs, rear, front yards, according to code, as far as we know. PARCEL 2 / 52 PM 24 / APN 58-26-07 S82.41 1071.18'00 / O o 52 PM 24 Z APN 58-26-08 2j 'Op�,w 660.04' 1 6 00' ^ 7.4' .2' J / 110.5' / BUILDING LOCATION PLAN \— , / ---- �/ LANDS OF DAVE MASARIK PARCEL,4 BUTTE COUNTY CALIFORNIA 52 PM 24 SIERRA WEST SURVEYING APN 58-26-09 BUTTE - COUNTY A �n9569PARDISE,CACALIFORNIANVE IA 9 _ !1.1 L 2 5 2005 DESIGNED 9tr RBP APPROVED ON: 409 NO. SHEET AVELOPMENT 8834 cKo. 9Y R.G.AGEE JR. 1 / SERVICES DAA 6/30/05 BY: ME NO. of SCALE 1" = loo, RCE NO------j / 1 Butte County Department of Development Services 0 'j. 0 7 County Center Drive, Oroville,CA 95965-3397 G ` - Telephone: (530)538-6821 • Fax: (530)538-7785 o��� a °ouNty0 From the Desk of Yvonne Christopher, Director r'jVj V / 1 PL �- �` �cvv��V�V�J, C" tra b�t� 9�aaad 0'&00 �''tL •tiSrO oN '7v da C r �"l e�1r,Z�I 1 � I 1 G r� lifer°�H w.•T'bU.0/� � N. ,h+ QyvI'lavo� il'sacdN .M INyv�j h lavl�'�.Jd �91' 1 o a � 2 1 � 4 . :sY,.s�•+"� .ter. t7' '1 .• r rte' � ,. ,; f • L NI ��s �', - r`�. -t,N,rr. 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Michelena, Mark From: Wannenmacher, Felix Sent: Tuesday, August 16, 2005 4:25 PM To: Michelena, Mark Cc: Miller, Gloria Subject: Masarik Application (VAR 06-01)A#05-519 Hi Mark, This is a request to modify or eliminate one condition of an existing variance, 85-22. It allows a building within ten feet of the property line. It is not clear whether the building already existed before the zoning was changed, but perhaps you could look at the materials for 85-22 to determine this. It has a condition that the building can't be used as a dwelling. It would be helpful to see the actual language and determine whose condition it is. If we can determine why the condition was imposed, it may be easier to determine what to do here. The applicant suspects it is due to conflict with the adjoining neighbor. I suspect that it may have been because a second dwelling could not have been built at that time and so the condition made it clear that it could not. The condition may have been the best we could do at that time to put someone on notice since we did not have a deed restriction process. 24-50.10, second paragraph, states conditions must be reasonably related to the use of the property. Since our second dwelling ordinance now allows second dwellings without restrictions on acreage, which it did not in the past in this area, the applicant might be able to make the case that this condition is no longer reasonably related to the use of the property. Felix CONFIDENTIAL --ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. ` 1 1 , ' SHEET INDEX: 1- OVERALL SITE PLAN ' 2- DISPOSAL AREA SITE PLAN SMH1 3- TYPICAL DETAILS STREET .:"A" 4- TYPICAL DETAILS r5- TYPICAL DETAILS CQ N ' GENERAL NOTES: ,. 1.) ALL SANITARY SEWER LINE TO BE 3" PRESSURE PIPE. 0 CEJ 0 Co 0 A: m'. 0 2.) EACH LOT SHALL REQUIRE A SEPTIC TANK U' EFFLUENT PUMP SYSTEM. 1 3.) COMMUNITY WASTEWATER SYSTEM SHOWN ft . W W W I.w C''J HEREON IS A PRELIMINARY DESIGN, 70 BE � W W • USED IN AID OF STARTING THE WASTE DISCHARGE REQUIREMENTS PROCESS. THIS 10 0 EH. d' CA E'f ' PLAN SHALL NOT BE USED FOR W `d4 coU1 C''J C�2 Cit :u) CONSTRUCTION AS DESIGN MAY CHANGE W DURING THE COURSE OF STARTING THE i SUBDIVISION IMPROVEMENT PLANS. ko mko to �. M m cit to r- CD co cit cit .--� t` co `.. ."`"'...; ...``'•.; ..:;'" STREET A ......... r m - 10090 -COMMUNITY REPLACEMENT - DISPOSAL: AREA = AREA: 1 •-------------- -------------- ------.-----.-- ................ ................ --------- r GILBERT ENGINEERING DATE: DECEMBER 6, 2005' SCALE.= 120 DESIGNED: AMS 70 DECLARATION DRIVE, SUITE 101 PRELIMINARY WASTEWATER DESIGN THE RESERVE DRAWING NO: CHICO, CALIFORNIA 95973 DRAWN: CLT OVERALL SITE PLAN SUBDIVISION 1 OF 5 (530) 899-9503 APPROVED: PROJECT NO: ' 1225 ti3 v �laP�✓2"r zf �„Y�° �c� 7 ti l� r 4 \ 1 V oa OT�ti nol r s n SP- e � i d' S iC �o $ S �- ��, a 0 e � . 1 111 3 d . � � 1 �� ,-; .��� o � � o -�- \,� -� � O �: . � �- �n 3 � � .� � a � J � � , � , � . � � 3 a ' W 3" PRESSURIZED SANITARY GENERAL NOTES: SEWER LINE (INFLOW INTO 1•) SYSTEM COMPONENTS SHOWN HEREON TO . COMMUNITY DISPOSAL AREA = BE USED AS A PRELIMINARY DESIGN ONLY, ' ACTUAL SIZES AND SPECIFICATIONS TO BE 3-WAY DISTRIBUTION BOX T0. 12,880 GPD.) COMPLETED WITH SUBDIVISION IMPROVEMENT EVENLY DISTRIBUTE WASTEWATER N PLANS. INFLOW ' 2.) REFER TO SHEETS 3 AND 4 FOR ILLUSTRATIVE DETAILS. N THREE 5,000-GALLON DOSING ' TANKS WITH DUPLEX PUMPING SYSTEMS AND FILTERS S i _ 1 Q - € < H W t 1 .__............._.. ......... ......... ..........._. ....... ....... L� ..:................_ KTi . ._.........._. ................. ___ ,............... .. w __ _ _........................._ _ _.�.. ..... _ _. _ ............ ' DATE: DECEMBER 6, 2005 - SCALE. LBERT ENGINEERING' 1" = 50' .DESIGNED: AMS 70 DECLARATION DRIVE, SUITE 101 PRELIMINARY WASTEWATER DESIGN THE RESERVE DRAWING Na cxlco, CALIFORNIA 95973 DRAWN: CLT DISPOSAL AREA SITE PLANSUBDIVISION 2 of 5 . (530) 899-9503 APPROVED: PROJECT NO: ' 1225 1 ' MODEL JM1500 2000 GALLON MONOLITHICALLY-CONSTRUCTED 1500 GALLON TANK RESIDENTAL SEPTIC TANK JZ-5000 GALLON 10'-8" WITH SIDEWALL LIFTING INSERTS -- COMMERCIAL SEPTIC TANK ' MODEL JS2000 TRAFFIC RATED OPTIONAL 24'DIA. ACCEPTED BY UPC ACCEPTED BY UPC® CONCRETE ACCESS COVER -SIDE VIEW 24' CAST IRON FRAME&COVER OPTIONAL 3', 8' 4,INLET CUTAWAY. WITH GASKET(GASTIGHT) STANDARD OR 12' RISERS &_OUTLET PIPE AS REWAM ' (Ar EXTRA cov) 4' INLET a� 5'-7' STANDARD LID STANDARD 24' DIA &OUTLET T Alt PIPE AND 243 gFAR OPENING FITTINGS. EACH EN STANDARD INVERT 4'-10' INCLUDES 1 5-B' INLET 1 INVERT CAST-IN PVC TOP VIEW FIBERGLASS UD WITH OPTIONAL 4'-r 4'-7' r-11'. RISER ADAPTER (COVERS &RISERS REMOVED) WATERTIGHT GASKETSUE 8'-9' 8'-8' ' FOR WATERTIGHT INLETS CONNECTION �. (OPTIONAL) WATERTIGHT SPECIFY PVC RISER SPP CIF 24"0 • , �; `' W . :� .:�•. .-...•. 18.0 WATERTIERTI GHT PIPE SEAL DIVERT • 18'-7' INLET INVERT 5'-9. PLINTH. TMP. INCLUDES .. 4'-10" OPTIONAL 4'/PVC PIPE 5'-8, C� r-8' SIDE INLETS 70R OF AND FITTINGS 4,_7. 4'-11' LIQUID 1 TYP. LEVEL . :.,. .. :. t. . ...;.. TOP VIEW (COVERS REMOVED)SECTION VIEW LIQUID CAPACITY: 2000 GALLONS ' LXIUID CAPACITY: 1500 GALLONSLIQUID CAPACITY: 5,000 GALLONS. BOX DESIGN LOAD: NON-TRAFFIC, UP TO 3 FEET BOX DESIGN LOAD: 4'OF SOIL COVER t 200 LBS./5Q.FT. OF SOIL COVER, MAXIMUM 300 PSF. BOX DESIGN LOAD: H-20 TRAFFIC FROM SURCHARGE AND 2500 LELWHEEL LOAD WITH 4'OF SOIL COVER FOR COMPLETE DESIGN AND PRODUCT INFORMATION, 1' TO 4' OF SOIL COVER. CONFORMS TO ASTM C1227,OSI'STEP'TANK SPECIFICATION,AND CONTACT JENSEN PRECAST. FOR COMPLETE DESIGN . AND PRODUCT INFORMATION FOR COMPLETE DESIGN'AND PRODUCT NPCA BEST PRACTICE MANUAL - CONTACT JENSEN PRECAST. INFORMATION CONTACT JENSEN PRECAST. He JERR 04000 J_P,..d e65Ef SeN1�YR7e:l� t ' DATE: DECEMBER 6, 2005 SCALE: GILBERT ENGINEERING . 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LEACH TRENCH DETAIL DUPLEX EFFLUENT PUMPING SYSTEM ' EFFLUENT PUMPING SYSTEM (COMMUNITY :DOSING) ''; DUAL COMPARTMENT- DRAWDOWN (INDIVIDUAL)Q_w to `` Y,�•»s` 0a (bond to tmrk adapter with Ground Goaketod Ground from Ffter sssteel sowua.lth :. .. ... from FBesr Stalydess StedDodurted Bolb�wfth _f _.._ .............. ...........................Carmfult to .... ' by(2) CCondult o P�onel PVC Woe Box with Cord lMpe Flexlb F�(2) Control Pant gbh INC f Box EHNent Dtedwp ConduR Seal Fb�le Floes Wet Tee Tank east of bdet ise Tank Adapter(oast ar boked) EffluEffluentpt Wadmp tlaukl Forel w Mot Control timrw level$ j bo Control ' . Amembly Cheek VaNs(optkvaQ Check Vdre( ) Baffle wan Mod Wet Ponta Pmt voult Not ports Orerroo F78rant Pampa(2) Drenoo Umm t Pump Drain Port Filter Cartridge ' filter Cartridge Drdn Part mawbe'>Prargr vault motube Pump vault ' Patents B 4.139,32)3 5,492.835 Patents 4.4)9,32)R 5.492,855 Foreign Patents Pendhp NDW—TD-06 Foreign P-Abq NDW—TD-04 020O onmrea systems Inc. Rev. 2.0 (10/02) 020U2.oraxo 9yetam Ire Rev. 2.0 (10/02) . DATE: DECEMBER 6, 2005 SCALE: GILBERT ENGINEERING NO SCALE. ' 70 DECLARATION DRIVE, SUITE 101 DESIGNED: AMS PRELIMINARY WASTEWATER DESIGN THE RESERVE DRAWING NO:- CHICO, 'CALIFORNIA 95973 DRAWN: . CLT TYPICAL DETAILS SUBDIVISION 4 OF 5 (530) 899-9503 APPROVED: PROJECT NO: 1225 1 ®;; .... COMMERCIAL � DISTRIBUTION BOX e , MODEL D-30 1Y . 7' % r b q M 5' IX 2 a• '�.� 2. s : TYP. _ a r a .x .. y R S +R: q g S 7 y W P C OPTIONAL \ M` a OUTLET 6� > :. LOCATIONS ;. v g » 24 CAST IRON ?�:�<E<.: :;E.:�:�::.:>�:.`' .:6�f?•`.: .:: ': ..�'�:: �>:"' �� a 1 FRAME AND COVER :.;..::. .:. . .::.::....::... �o : GASTIGHT /? HMANHOLES, ' 24 GASTIGHT . CAST IRON FRAME AND COVER. ».,:.>:.'><::z.::..: :;:>::: . . s: g, USE REDUCER D30-24C L-24"� D-30-24ST : :o ' STANDARD LID aeiei .. ... I i Wl 24" AS REQUIRED !;� l .. ;..;f•,• AT EXTRA COST ::::...:;... is :_.�. ...... :: .. ::.. r. 5 .,.• , 3003— RISER-3" ':A + a 143 LBS. Q is / .sc :;:i'>:%::�.:�::;.::� � .- Off.-: :�,.5 -�;� - •;, s u '. ' 3006— RISER-6" - '>::>: �. .5�• __.� E �� ,� -° :: 286 LBS. yy • - D30-24ST STANDARD VARIABLE ;.. » :;:::: 4;.: <:.; , . . :: .,,. ;.' — — 3i '2C iGii:'' i i::'•i :is :;3%J<.'#.: ?6': > '_'..: E:..;i .2 - .. 4.... .;. 'm`�' 3012 RISER 12 COVER AND UD �� _ : :' .: x �l : > <' :. 4 . 573 LBS. SOLID CONCRETE .:: pyy 1,953 LBS. DESIGN LOAD: H-20 - CONFORMS TO: 3 ASTM C30* —478 re w E# > a 'alieire>` a 3 ' 33" PLASTIC PIPE SEALS. FIT'S 3" & 4" SMOOTH f<;y WALL PLASTIC PIPE. 12' 10-1 2 :.::.:::.:::..•.;.....:.:.:,':::'s!s;:::'.:::>;:::',:., :: :Q..: . • • •.,. . •...• � NO GROUTING �»<: »:2`>'>',>:;:. ::: ;>:.;': ::>:: .__' �.. '' •. s. -: ar REQUIRED ::"::::>'.::<:>::>::::>::::::.,..>::::» ::::;.;:::;::::<;::<:::.;.>:::::;;;»::.'':':c.,:::: , :'.:'::; ...:.: .. :::.:�: ::.,s9 ': •: �� : :: ' FOR COMPLETE DESIGN ::>::::::->>>:::::::>:: : ....>:::::>:::<';::;:>:::::>;>..::.:;�;:::.::. ::<..': .'. : ,. :...r°;. -.,^.•—._'.,' " f: : ::�.. �.. .. �,. AND PRODUCT INFORMATION. 40 CONTACT JENSEN PRECAST. N �. r:» 9 i I. v:R: eo e. A'$,g (�{�� O .— ..__ D30. ;};i;3i: :ii i-::.;G:.::..<,•..'.. ts1 I 'al. ®2001 Jensen Precast JE!!qlffn ' DATE: DECEMBER 6, 2005 •- SCALE: GILBERT ENGINEERING NO SCALE DESIGNED: AMS PRELIMINARY WASTEWATER. DESIGN —THE RESERVE DRAWING ND: ' 70 DECLARATION. DRIVE SUITE 101 . CHICO, CALIFORNIA 95973 DRAWN: CLT TYPICAL DETAILS SUBDIVISION 5 OF 5 PROJECT NO: (530) 899-9503 APPROVED: 1225 F� �i�'�`\ 'fes �-�y. �� ��.. "�. /':s`• ..�"'�. , ,` 1 �r"'��.t '� rte, �.,�•�`�` 1_� f • � � t 3,. - 1 (} ' s t 6� . 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