HomeMy WebLinkAbout06-117Resolution No.
A RESOLUTION OF THE BUTTE COUNTY BOARD ~OF SUPERVISORS DENYING
THE APPELLANT'S APPEAL OF THE APPROVED CERTIFICATE OF MERGER
(MER 06-04} AND UPHOLDING THE APPELLANT'S APPEAL OF THE
DETERMINATION THAT A USE PERMIT WAS NOT REQUIRED FOR THE
PROPOSED EXPANSION (22,000 SQUARE FOOT COLD STORAGE STRUCTURE,
TRUCK CIRCULATION DRIVE AND EMPLOYEE PARKING AREA} WITHIN 100
FEET OF A RESIDENTIAL ZONE
WHEREAS, the Board of Supervisors has considered the appeals of Certificate of Merger
(1V~R 06-04) in accordance with Chapter 20, Section 180.3; and determination that a use permit was
not required for a proposed expansion for Smucker Quality Beverages, Inc., in accordance with
Chapter 24, Section 175 (c){4); and
WHEREAS, a public hearing was held on July 25, 2006; and
WHEREAS, the Board of Supervisors has considered public comments, the appellant's
letters, and the reports by the Department of Development Services.
NOW, THEREFORE, BE 1T RESOLVED that the Board of Supervisors:
I. Denies the appeal of the Department of Development Services approval of a
Certificate of Merger of APN 040~310~010 and 040-310-030, based on the following
findings:
A. The merger is consistent with Butte County Code Section 20-180.3.
B. The resulting parcel of the merger is consistent with the provisions of the
General Plan and the M-1 Zoning.
C. The merger satisfies a condition of a previously approved Conditional
Certificate of Compliance on APN 040-310-010.
D. The merger is consistent with Title 14 California Code of Regulations, Article
14 Categorical Exemptions, Section 15305 - Minor Alterations in Land Use
Limitations.
II. Upholds the appeal of the Department of Development Services determination that a
use permit was not required for an expansion of an industrial use within 140 feet of a
residential zone, based on the following findings:
i
A. The proposed expansion has the potential to negatively impact the adjacent
residents.
B Based on the potential negative impacts of the expansion, Butte County Code
Section 24~175(c)(4), a Use Permit is required.
III. DULY PASSED AND ADOPTED this 25`~ day of 3uly, 2006, by the following vote:
AYES: Supervisors ConneXly, Dolan, Houx, Yamaguchi and Chair Josiassen
NOES: None
ASSENT: None
ABSTAIN: None
T OSIASSEN, CHAIR
u ounty Board of Supervisors
ATTEST: PAUL MCTNTOSH, Chief Administrative
Officer and Clerk of the Board
By
Clerk
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