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HomeMy WebLinkAbout#18-05 2018-05-10 RESOLUTION APPROVING CONDITIONAL USE PERMIT UP 18-0001 (WARREN BRUSIE, INC)RESOLUTION NO. PC18-05 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT UP 18-0001 (Warren Brusie, Inc) WHEREAS, the Planning Commission has considered Conditional Use Permit UPI 8-0001 by Warren Brusie, Inc to construct a 486 square foot Mausoleum addition to the "Glen Oaks Memorial Park" located at 11115 Midway, Chico on Assessor's Parcel Number 039-060-136. WHEREAS, the Planning Commission has found the project exempt in accordance with the California Environmental Quality Act; and WHEREAS, said conditional use permit application was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on May 10, 2018; 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 the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15303. Section 15303 exempts new construction and conversion of small structures. This project qualifies under Section 15303 of the CEQA Guidelines because the project would add less than 2,500 square feet of floor area to the project parcel, and is located in a zone that allows for private cemeteries with discretionary approval. The project site has been extensively disturbed by existing uses, and is not located in an environmentally sensitive area. A. 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. B. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Approves the Conditional Use Permit UP 18-0001 subject to the following findings and the conditions of approval found in Exhibit "A": A. The project is consistent with the Butte County General Plan. The proposed use is commercial and performs an important function in support of the local and regional economy in the County. B. The project is consistent with the Criteria for Granting Use Permits, identified in Butte County Code Section 24-222, as follows: Butte County Code - Section 24-222 (Findings) Pagel of 3 To approve a Conditional Use Permit, the proposed project must comply with applicable standards in the zoning ordinance, other County ordinances, the General Plan, County Improvement Standards, and supported by the following findings: A. The proposed use is allowed in the applicable zone. Under Table 24-29-1, Permitted Land Uses in Special Purpose Zones, in the Public Zone the land use category, private cemeteries' defined by BCC §24-304 as "A place used for the internment of human or animal remains or cremated remains that is owned and operated by a private entity. Burial parks, crematoriums, mausoleums, and columbarium are included in this definition. " is allowed with a Conditional Use Permit. The proposed mausoleum is consistent with the definition of private cemeteries' and allowed with approval of a Conditional Use Permit. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The location, size, and design of this structure will not result in any significant impact on the viewshed, character, or nature of the neighboring residential properties. The developed parcel has burial plots, associated mausoleums and cemetery buildings, and landscaping; thus, the proposal is consistent with the existing land use. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. A Butte County Building Permit is required for the proposed structure. Approval of the Building Permit will ensure that the structure and supporting infrastructure would comply with State and local regulations to ensure the highest standards in health, safety, and welfare for the people of this County. D. The proposed use is properly located within the county and adequately served by existing or planned services and infrastructure. Existing public facilities and services are adequate for the needs of the proposed structure. The Department of Public Works, and Division of Environmental Health, and Butte County Fire Department has ensured, through review of this Conditional Use Permit that the project satisfies required development standards. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The subject property is 30.6 acres in size and developed with the existing Glen Oaks Memorial Park, including shop, office, Tranquility Fountain, and nine mausoleums. The project is located on a property that has physical characteristics capable of accommodating the proposed structure consistent with County requirements. Page 2 of 3 DULY PASSED AND ADOPTED this 10°i day of May, 2018, by the following vote: AYES: Commissioners Chase, Donati, John, and Chair Grundmann NOES: ABSENT: Commissioner Kennedy ABSTAIN: Larry Grugodma4, Chair Planning Commission County of Butte, State of California ATT ST: cMillan, Secretary tjpffiing Commission County of Butte, State of California Page 3 of 3