Appeal of Planning Commission Denial of Use Permit (UP09-0012)

169 Pages·2012·20.77 MB·English

Clerk of the Board Use Only

Butte County Board of Supervisors
Agenda Item:
Agenda Transmittal
5.01

Subject: U sePe rmitUP09-0012UniversalLifeChurchofChicoAppealHearing

Department: De velopme ntServ ices Meeting Date Requested: July31,2012

✔
Contact: Chuck Thistleth waite Phone: [phone] Regular Agenda Consent Agenda

Depar tment Summary: (Information provided in this section will be included on the agenda. Attach explanatory memorandum and
other background information as necessary).

OnMay10,2012,theButteCountyPlanningCommissionheldapublichearingtoconsiderUsePermitUP09-0012

(UniversalLifeChurchofChico/RobertL.Seals),arequestforapprovalofanexistingunapprovedChurch,includinga
cemeteryontwoparcelstotaling21.27+/-acreslocatedat13524AutumnLane,eastofChico,intheSH(ScenicHighway)

andU(Unclassified)zones. Thenortherlyofthetwoparcels(APN063-300-049)is10.56+/-acresandisdevelopedwith
existingstructuresincluding:a1,600squarefootmainassemblyareawithobservationdeck;three“soundtherapyrooms”;a

library;areadingroom;twosingle-familyresidences;anartstudio/shop;teepees;apoolandanapproximately10,000
squarefootpond;asmallwindandsolarenergysystem;andseverallargeoutdoormetalsculptures.Almostallofthese
structureswereconstructedwithoutCountypermitsorinspections.Thesoutherlyparcel(APN063-300-051)is10.71+/-
acresandisknownas“SacredLands”totheChurchwiththreesetsofhumanashesinterredontheproperty,togetherwith
apetcemetery. TheproposedUsePermitUP09-0012wouldpermiteventsattheChurchfacilityofupto200persons,
includingreligiousservices,weddings,summerchildren’scamps,and“endoflife”celebrations.

ThePlanningCommissionadoptedaresolutiondenyingUsePermitUP09-0012thathasbeenappealedtotheBoardof
Supervisorsbytheapplicant(UniversalLifeChurchofChico/RobertL.Seals;MichaelG.Evans,AuthorizedAgent)as
providedbysection24-45.30ofButteCountyCode.
Fiscal Impact:
None.
Personnel Impact:
Doesnotapply.

Action Requested:
BasedonthePlanningCommission’sMay10,2012decisiontodenyUsePermitUP09-0012,staffrecommendsthe

following:
1)Conductadenovopublichearingpursuanttosection24-45.30ofButteCountyCode;
2)Providedirectiontostaffstatinghowthecriteriatograntausepermithavenotbeenmetasestablishedinsection
24-45.10ofButteCounty;and
3)AdoptamotionofintenttodenyUsePermitUP09-0012UniversalLifeChurchofChico/RobertL.Sealsanddirect
stafftopreparearesolutionforadoptionbytheBoardofSupervisors.

Administrative Office Review: S angKim,DeputyChiefAdministrativeOfficer
BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES
BOARD OF SUPERVISORS AGENDA TRANSMITTAL

USE PERMIT UP09-0012 APPEAL HEARING
JULY 31, 2012

TABLE OF CONTENTS
1.0 USE PERMIT UP09-0012 DEPARTMENT OF DEVELOPMENT SERVICES
STAFF REPORT 4
1.1 USE PERMIT UP09-0012 CAL FIRE FIRE HAZARD SEVERITY ZONES 16
1.2 CHICO GEDDESS TEMPLE WEBSITE
(HTTP://CHICOGODESSTEMPLE.COM/RESERVATIONS, RETRIEVED ON JULY 17,
2012) 17
1.3 NORCAL BODY & SOUL ADVENTURES WEBSITE
(HTTP://NORCAL.BODYSOULADVENTURES.COM/, RETRIEVED ON JULY 17, 2012 19
1.4 JULY 15, 2012 E-MAIL FROM SHEILA MOSS TO THE BUTTE COUNTY\ BOARD OF
SUPERVISORS REGARDING CHICO GODDESS TEMPLE 21
1.5 JULY 15, 2012 E-MAIL FROM CHARLES E. HARVEY, PH.D. TO THE BUTTE
COUNTY BOARD OF SUPERVISORS REGARDING SAVE THE GODDESS CENTER 23
1.6 JULY 13, 2012 E-MAIL FROM SUE WALZ TO THE BUTTE COUNTY\ BOARD OF
SUPERVISORS REGARDING SAVE THE CHICO GODDESS CENTER 23
1.7 MAY 29, 2012 LETTER FROM DANIEL P. DALTON, DALTON & TOMICH, PLC
REGARDING UNIVERSAL LIFE CHURCH/MOTHER NATURE’S TEMPLE APPEAL
FROM MAY 10, 2012 PLANNING COMMISSION DENIAL OF USE PERMIT UP12-
0012 25
1.8 STATEMENT OF THE DEPARTMENT OF JUSTICE ON THE LAND USE PROVISIONS
OF THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT (RLUIPA) 37
1.9 REPORT ON THE TENTH ANNIVERSERY OF THE RELIGIOUS LAND USE AND
INSTITUTIONALIZED PERSONS ACT, UNITED STATES DEPARTMENT OF JUSTICE,
SEPTEMBER 22, 2010 50
1.10 JULY 18, 2012 LETTER FROM DANIEL P. DALTON, DALTON & TOMICH, PLC
REGARDING UNIVERSAL LIFE CHURCH/MOTHER NATURE’S TEMPLE APPEAL
FROM MAY 10, 2012 PLANNING COMMISSION DENIAL OF USE PERMIT
UP12-0012 62

2.0 MAY 14, 2012 LETTER FROM MICHAEL G. EVANS, EVANS FUN WORKS,
TO THE CLERK OF THE BOARD OF SUPERVISORS REGARDING THE
APPEAL OF PLANNING COMMISSION DECISION FOR UNIVERSAL LIFE
CHURCH UP09-0012 63
2
3.0 RESOLUTION PC12-12, A RESOLUTION OF THE BUTTE COUNTY
PLANNING COMMISSION DENYING USE PERMIT UP09-0012 (UNIVERSAL
LIFE CHURCH OF CHICO AND ROBERT L. SEALS) 64
4.0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT MAY 10, 2012 66
4.1 RESOLUTION “Ä”, A RESOLUTION OF THE BUTTE COUNTY PLANNING
COMMISSION DENYING USE PERMIT UP09-0012 (UNIVERSAL LIFE CHURCH OF
CHICO AND ROBERT L. SEALS) 78 4
4.2 RESOLUTION “B”, A RESOLUTION OF THE BUTTE COUNTY PLANNING
COMMISSION DENYING USE PERMIT UP09-0012 (UNIVERSAL LIFE CHURCH OF
CHICO AND ROBERT L. SEALS) 80 4
4.3 EXHIBITIT - A USE PERMIT UP09-0012 BUTTE COUNTY PLANNING COMMISSION
DRAFT CONDITIONS OF APPROVAL 83 4
4.4 PROJECT DESCRIPTION FOR THE UNIVERSALLIFE CHURCH OF CHICO USE
PERMIT: DECEMBER 10, 2009 – AMENDED DECEMBER 5, 2011 93
4.5 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERCIVCES: REVISED INITIAL
STUDY, MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING
PLAN UNDER THE CALIFORNIIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR
USE PERMIT UP09-0012 (UNIVERAL LIFE CHURCH OF CHICO) 97
4.6 SEPTEMBER 16, 2010 GODDESS TEMPLE LETTER TO BUTTE COUNTY
REGARDING INITIAL STUDY, MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PLAN FOR PERMIT UP09-0012 144
4.6 CORRESPONDENCE RECEIVED PRIOR TO THE MAY 10, 2012 PLANNING
COMMISSION PUBLIC HEARING – MARCH 30, 2012 LETTER FROM SHIRLEY
SHANNON TO THE BUTTE COUNTY PLANNING COMMISSION PROJECT UP09-
0012 INIVERSAL LIFE CHURCH 158
4.7 MAY 10, 2012 BUTTE COUNTY PLANNING COMMISSION AGENDA ITEM V.A.
STAFF POWERPOINT PRESENTATION REGARDING USE PERMIT UP09-0012 160

5.0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT APRIL 26,
2012 167

3
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR | PETE CALARCO, ASSISTANT DIRECTOR

7 County Center Drive
Oroville, CA 95965
[phone] Telephone
[phone] Facsimile
www.buttecounty.net/dds
www.buttegeneralplan.net

ADMINISTRATION * BUILDING * PLANNING

July 31, 2012

Butte County Board of Supervisors
25 County Center Drive
Oroville, CA 95965

Subject: Use Permit UP09-0012 Universal Life Church of Chico/Robert L. Seals
13524 Autumn Lane, Chico (APN 063-300-049 and 51)

Recommendation

Based on the Planning Commission’s May 10, 2012 decision to deny Use Permit UP09-
0012, staff recommends the following:

1. Conduct a de novo public hearing pursuant to section 24-45.30 of the Butte County
Code;
2. Provide direction to staff stating how the criteria to grant a use permit have not been
met as established in section 24-45.10 of the Butte County Code; and
3. Adopt a motion of intent to deny Use Permit UP09-0012 for the Universal Life
Church of Chico/Robert L. Seals, and direct staff to prepare a resolution for adoption
by the Board of Supervisors.

Introduction

This application comes before your Board as an appeal by the applicant (Universal Life
Church of Chico/Robert L. Seals; Michael G. Evans, Authorized Agent) of the Planning
Commission’s May 10, 2012 decision to deny Use Permit UP09-0012. (See Section 2.0
of the Board Agenda Report.)

Use Permit UP09-0012 (Universal Life Church of Chico) Page 1 of 12
July 31, 2012 Department of Development Services Staff Report

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Background

On December 23, 2009, the Universal Life Church of Chico applied for a Use Permit for
an existing unapproved Church (known as the Universal Life Church of Chico and the
Chico Goddess Temple) on a 10.56± acre parcel located at 13524 Autumn Lane (APN
063-300-049 located east of the City of Chico and State Highway 32) as required by
section 24-230(d)(5) of Butte County Code. A small westerly portion of the property,
adjacent to Highway 32, is zoned SH (Scenic Highway) with the remainder of the
property zoned U (Unclassified). According to the applicant’s amended December 5,
2011 project description, existing structures on the parcel include: a 1,600 square foot
main assembly building with attached kitchen and observation deck; three “sound
therapy rooms”; a library; a reading room; two single-family residences; an art
studio/shop; a teepee; small wind and solar energy systems; and several large outdoor
metal sculptures. The project description states the constructed buildings on the
property total approximately 6,000 square feet. A swimming pool and (approximately
10,000 square foot surface area) pond are also located on the property. Almost all of
these structures were either constructed or converted to different occupancies without
County permits or inspections.

Of all the buildings on the property, only one (a residence of approximately 1,562
square feet in size) was built with the building and septic permits required for its current
use. This building was permitted and constructed prior to Rev. Robert L. Seals
becoming a record owner of the property on February 13, 1989. As noted in the
amended December 5, 2011 project descriptions, “the secondary residence and Church
building are served by a two bedroom leach system that may have been constructed
without permits.” The project descriptions further note that “if permits cannot be located,
then a new permit will be requested for the existing facilities.” (See attachment to
Section 4.4 for the applicant’s amended project description.)

A Notice of Intent to Adopt a Draft Initial Study/Mitigated Negative Declaration (Draft
IS/MND) pursuant to the California Environmental Quality Act (CEQA) and Notice of
Public Hearing was published and mailed on August 23, 2010. On a site visit during the
public comment period, and shortly prior to the scheduled September 23, 2010 Planning
Commission public hearing on the application, Department of Development Services
staff became aware of the interment of three sets of human ashes, together with a pet
cemetery, on an adjacent 10.71± acre property (APN 063-300-051) owned by Rev.
Robert L. Seals. A cemetery in the U zone requires a use permit pursuant to section
24-230(d)(12) of the Butte County Code.

On December 5, 2011, the applicant submitted a revised site plan and amended project
description for UP09-0012 incorporating APN 063-300-051, the adjacent 10.71± acre
property located to the southeast of APN 063-300-049. The southeasterly parcel was
described in the amended project description as “Sacred Lands” to the Church with
three sets of human ashes interred on the property, together with a pet cemetery. Aside
from this use and a trail, the southwesterly parcel is otherwise vacant. A preliminary
mitigation incorporated in the amended project description provided that APN 063-300-
Use Permit UP09-0012 (Universal Life Church of Chico) Page 2 of 12
July 31, 2012 Department of Development Services Staff Report
5
051 (the southwesterly parcel) was to remain with the Church operations as long as the
requested use permit remained valid. The total size of the project site was thus
increased to 21.27± acres.

As described in the amended December 5, 2011 project description, the proposed Use
Permit UP09-0012 would permit events at the facility of up to 200 persons, including
religious services, weddings, summer children’s camps, and “end of life” celebrations.

Development Services staff mailed and published a new public hearing notice, and
revised and recirculated the Draft IS/MND consistent with the requirements of CEQA
with a second 30-day public review period (Revised Draft IS/MND, see Section 5.5 of
this Agenda Transmittal). On April 26, 2012, at the request of seven residents of
properties in the vicinity of the subject property, the Planning Commission granted a
two-week continuance of the public hearing to its meeting of May 10, 2012. (See
Section 6.0 Butte County Planning Commission Agenda Report April 26, 2012)

Discussion

This section of the staff report covers information received regarding the July 31, 2012
public hearing as of the date of preparation of this staff report (July 19, 2012), testimony
received at the May 10, 2012 public hearing of the Butte County Planning Commission,
and the Commission’s decision.

Butte County Planning Commission Agenda Report and Public Testimony of May 10,
2012

At their May 10, 2012 meeting, the Planning Commission held a public hearing
regarding Use Permit UP09-0012. At that meeting, the Commission considered the
Butte County Planning Commission Agenda Report dated May 10, 2012 (see Section
4.0 of this Agenda Transmittal) and the testimony of the applicant’s agent and five
interested persons.

The Planning Commission discussed a number of health and safety concerns with the
project:

1. Septic System and Environmental Health Issues

The Environmental Health Division indicated the only permitted septic system was for
the original 1,562 square foot house on the property prior to its current ownership.
Environmental Health Division Program Manager Kristen McKillop advised the
Commission that Environmental Health did not have any records of “other systems on-
site nor have we done any system verification on the property for any additional septic
systems.” The applicant’s representative, in response to a question from the
Commission whether he was aware of any septic systems onsite, other than the system
serving the single-family residence, stated there was a septic system “and it was done
Use Permit UP09-0012 (Universal Life Church of Chico) Page 3 of 12
July 31, 2012 Department of Development Services Staff Report
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at the time the owner thought he was exempt because he was a church.” Owners of
two adjacent properties to the Church property stated to the Commission that restroom
facilities were inadequate for events and stating that they observed they observed
attendees at times urinating and defecating outdoors on their properties.

2. Noise and disturbance of surrounding residential properties.

The May 10, 2012 Planning Commission Staff Report for Use Permit UP09-0012 noted
that although the County lacks a specific noise ordinance, the 2010 Butte County
General Plan identifies normally acceptable levels of noise throughout the County, and
the Health and Safety Element establishes acceptable levels of noise for the project
site. (See Section 4.0 Butte County Planning Commission Agenda Report April 26,
2012 The Planning Commission Staff Report noted that the applicant’s December 5,
2011 amended Project Description for the Universal Life Church of Chico Use Permit
identifies a preliminary mitigation that “[n]o noise sources allowed that exceed 65
decibels at the property lines.” (This is a confusing way to say you gave the wrong
information and are now correcting it.) This measure would not be consistent with the
limits as shown in Table HS-3, Maximum Allowable Noise Exposure to Non
Transportation Sources, in the General Plan:

TABLE HS-3 - MAXIMUM ALLOWABLE NOISE EXPOSURE TO NON-TRANSPORTATION SOURCES
Daytime Evening Night
7 am–7 pm 7 pm-10pm 10 pm – 7 am
Noise Level Description Urban Non-Urban Urban Non-Urban Urban Non-Urban
Hourly Leq, dB 55 50 50 45 45 40
Maximum Level, dB 70 60 60 55 55 50
Notes:
1. “Non-Urban designations” are Agriculture, Timber Mountain, Resource Conservation, Foothill
Residential and Rural Residential. All other designations are considered “urban
designations” for the purposes of regulating noise exposure.
2. Each of the noise levels specified above shall be lowered by 5db for simple tone noises,
noises consisting primarily of speech or music, or for recurring, impulsive noises. These
noise level standards do not apply to residential units established in conjunction with
industrial or commercial uses (e.g. caretaker dwellings).
3. The County can impose noise level standards which are up to 5 db less than those specified
above based upon determination of existing on of existing low ambient noise levels in the
vicinity of the project site.
4. In urban areas, the exterior noise level standard shall be applied to the property line of the
receiving property. In rural areas, the exterior noise level standard shall be applied at a point
100 feet away from the residence. The above standards shall be measured only on a
property containing a noise sensitive land use. The measurement standard may be amended
to provide for measurement at the boundary of a recorded noise easement between all
affected property owners and approved by the County.

Source: Butte County General Plan Health and Safety Element, Table HS-3 (Butte County
General Plan, pg. 273)

The May 10, 2012 Planning Commission Staff Report also noted there are five
residences located within 550 feet of the Church, with the closest residence located
Use Permit UP09-0012 (Universal Life Church of Chico) Page 4 of 12
July 31, 2012 Department of Development Services Staff Report
7
approximately 240 feet from the portion of the subject property utilized for the Church
and its activities. Your Board has received a letter from Daniel P. Dalton representing
the Universal Life Church of Chico and Rev. Robert Shields dated July 18, 2012 (see
Section 1.10 of the Agenda Transmittal) stating the measurements stated and illustrated
in the May 10th Planning Commission Staff report (see Section of this Agenda
Transmittal) are incorrect.

Based upon Mr. Dalton’s letter, DDS staff reviewed the measurements and confirmed
that one measurement, the distance from a deck attached to the adjacent David &
Catherine Miller residence to the parsonage/second dwelling unit is actually
approximately 300 feet and not 240 feet as stated in the May 10, 2012 Planning
Commission staff report. Staff found that one of the four sound treatment rooms/cabins
on the Universal Life Church property was located approximately 280-feet from the
Miller residence and a swimming pool on the property is also located approximately
300-feet from the residence.

DISTANCES FROM ADJACENT RESIDENCES TO PORTIONS OF THE
UNIVERSAL LIFE CHURCH OF CHICO PROPERTY
PROPOSED AS PART OF USE PERMIT UP09-0012

Distance to Closest
Distance from Portion of ULCC
Assessor Adjacent Property Closest ULCC
Parcel Residence to ULCC Associated with Feature to Adjacent
Record Property Owner Number Parcel UP09-0012 Residence
Robert & Vera Meyers 056-390-031 ~ 375 feet ~ 527 feet Art Studio/Shop
David & Catherine Miller 056-390-028 ~230 feet ~280 feet* Sound Treatment
Room/”Metta Cabin”
Laura Joplin 056-390027 ~240 feet ~305 feet North Parking/Tepee
Robert L. Seals, et al. 063-300-052 ~ 415 feet ~480 feet North Parking/Tepee
Robert L. Seals, et al. 063-300-050 ~225 feet ~270 feet South Parking
*Note: The distance as described and illustrated in the May 10, 2012 Staff Report to the Planning Commission was
described as 240-feet to the parsonage/second unit. The actual distance to this structure is approximately
300-feet. However, other structures including a sound treatment room and swimming pool are located
closer (at approximately 280 and 300 feet, respectively) from the Miller residence.   
Staff’s measurements were made by utilizing georeferenced Butte County Geographic
Information Systems (GIS) data including Assessor parcel maps and 2010 NAIP Aerial
Photo coverage of the project area. The methodology employed by DDS staff in
ascertaining these distances was to utilize ESRI ArcMap 9.3 software, together with the
applicant’s November 18, 2011 Revised Site Plan identify portions of the Universal Life
Church property, which may be expected to be utilized for events as described in the
applicant’s December 5, 2011 amended Project Description. The GIS data was used to
measure from the closest portion of the adjacent residence, including decks and other
attached improvements used as part of the residence, to the closest portion of the
Universal Life Church property likely to be utilized. Staff would also note that footnote 4
to Table HS-3, Maximum Allowable Noise Exposure to Non-Transportation Sources
Use Permit UP09-0012 (Universal Life Church of Chico) Page 5 of 12
July 31, 2012 Department of Development Services Staff Report
8
(see above), provides that “in rural areas, the exterior noise level standard shall be
applied at a point 100 feet away from the residence.”

At the May 10, 2012 Planning Commission Public Hearing, several of the residents
voiced concerns over ongoing noise issues from activities on the Church property.
Laura Joplin, an adjacent property owner, and Jim Braziel, a nearby resident, both
indicated that the applicant had performed substantial grading on the property and that
the grading, in conjunction with the location of structures associated with the Church
directs noise towards the adjacent and surrounding residences to the north. Ms. Joplin
stated that the noise levels required her on occasion to sleep in downstairs bedrooms to
avoid noise disturbance and, on one occasion was awakened because her sliding glass
doors “were banging into each other.” She stated that a musical event with “bass
guitars and the amplification of sound was such that it was causing the glass to vibrate.”
At other times, she indicated she heard drumming. She did not believe requiring the
music to be indoors would solve the problem because the buildings have removable
doors that are often off, so it is just like being outdoors.

3. Fire Hazards

As shown on the attached map, the majority of the subject property is located within a
CAL FIRE Very High Fire Hazard Severity Zone. Several of the residents who addressed
the Planning Commission at the May 10, 2012 public hearing voiced fire concerns.

Craig Sanders, representing property owners in reviewing the CEQA document
prepared for the Use Permit, noted that there are fire walking activities occurring on the
site within the Very High Fire Hazard Severity Zone. Mr. Sanders noted a video was
posted on You Tube showing fire walking activity that took place in June 2011 and
expressed concerns regarding the amount of wood being burned (he estimated up to
one-half a cord) and “the embers rising up into the air” (source:
http://www.youtube.com/watch?v=LHcJ5bNVYg0, dated June 11, 2011 and viewed on
July 17, 2012).

Addressing the Planning Commission, adjacent resident Catherine Miller stated her
“biggest concern is the fire danger” and upon questioning from the Commission that “it
is advertised and with fire pits and fire walks.” The Chico Goddess Temple’s website
also indicates that fire pits are available with their tepees, cots in recreation room and
tent camping (source http://chicogodesstemple.com/reservations, retrieved on July 17,
2012). David and Catherine Miller expressed a concern regarding outdoor smoking on
the property that is not required to be in a safe location.

4. Residential Uses, Lodging and Campground

At the May 10, 2012 Planning Commission Public Hearing, several individuals noted a
number of the structures constructed without building permits on the subject property
were being used for multiple residential or transient occupancy uses (i.e. as lodging and
Use Permit UP09-0012 (Universal Life Church of Chico) Page 6 of 12
July 31, 2012 Department of Development Services Staff Report
9
as a campground). Craig Sanders noted there were campground activities on the site
and that this activity “requires a use permit and this is not included in the project
description or analysis in the CEQA document.” Catherine Miller responded to a
question from the Planning Commission that the subject property is used as a
campground. Ms. Laura Joplin stated to the Planning Commission that the subject
property was used for overnight accommodations. Jim Braziel stated to the
Commission that the buildings described as sound therapy rooms in the December 5,
2011 Project Description were used as residences. Mr. Braziel also stated that “at least
six” of the eight structures (other than the pre-existing residence that was constructed
under approved building and septic permits) were “used for daily living”.

The Chico Goddess Temple’s website (http://chicogodesstemple.com/reservations,
retrieved on July 17, 2012), contains information regarding three “cabins”, large and
small tepees, cots in recreation room and tent camping as all being available for
overnight accommodations.

A separate website advertises the availability of lodging on the subject property as the
“Body & Soul Sanctuary” and “Mother Nature’s Temple”. (Source:
http://norcal.bodysouladventures.com/lodging, retrieved on July 17, 2012.) The website
advertises the availability of “The Body & Soul Northern California Adventure” program
for four different seven day and six night periods in April and May 2012, and states
“guest lodging and program home-base is located at: 13524 Autumn Lane Chico, CA
95928”. (http://norcal.bodysouladventures.com/faq, retrieved on July 17, 2012.) The
site notes the “the Fall 2012 season begins Sunday, September 9 and runs to Saturday,
December 8” and “The Spring 2013 season runs from February to mid-June.”
(http://norcal.bodysouladventures.com/reservations, retrieved on July 17, 2012.)

None of the multiple residential or transient occupancy uses were described or
documented in the application submitted for Use Permit UP09-0012. Butte County
Code section 24-230(d)(1) of Butte County Code requires a use permit for any multiple
family dwellings and section 24-230 (d)(4) requires a use permit for campsites. To bring
the property into compliance with requirements of County Code, a use permit would
also need to be approved for these activities.

5. Traffic

The May 10, 2012 Planning Commission Staff Report and Revised Draft IS/MND
estimated that peak project-generated traffic for events might be as high as 67 vehicles,
assuming that each vehicle contained three people. The report also concluded that
State Highway 32, the adjacent frontage Road, the short portion of Santos Ranch Road
and Via Maria Lane to the subject property all have adequate capacity to accommodate
the 67 additional vehicles. The project site is not accessed off of Autumn Lane.

At the May 10, 2012 public hearing, Craig Sanders stated that the traffic analysis did not
include the impacts of Church generated traffic plus existing traffic on State Highway 32.
David Miller stated that the traffic analysis did not include a fatal traffic accident resulting
Use Permit UP09-0012 (Universal Life Church of Chico) Page 7 of 12
July 31, 2012 Department of Development Services Staff Report
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