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Home My WebLink About07-058~,.: r' ~ ` . ~Q~VT"F` ~ 1~E3'~"`C'~, ~ a3'1"A-'i"l~ ~I~1:.1F~#~1~~, :. y~' s..: r R~~solufion No. o~-o5s A RF,SOLU'I'ION OF THE BUTTE. COUNTY BOARD OF SUPERVISORS APPROVING USE PERMIT 06-0020 WHEREAS, the Board of Supervisors has considered Use Permit 06-0020 for Smucker Quality Beverage, Inc., in accordance with Chapter 24, Section 45; Use Permits, of the Butte County Code on Assessor's Parcel Numbers 040-310-010 and 040-310-030; and WI-IERI~AS, the Board of Supervisors has considered an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WI IEREAS, said use permit 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 February 27, 2007; and WHEREAS, the Board of Supervisors has considered public comments and a report from the Planning Division. NOW, THERI?FORE, BE IT RESOLVED, that the Board of Supervisors: L Denies the appellant's (Mark Carlson) appeal based on the following findings: A. The proposed expansion, with the modified truck access route and limited number of trucks allowed within 100 feet of the residential parcels to the north, and included conditions of approval, will not have a significant impact on adjacent residential areas. B. 1'he proposed expansion area will not impede possible future clean-up of the toxic solvents dumped on the project site. C. With the project expansion, the total number of weekly trucks trips, to the site, will be reduced by approximately 10. D. Trucks will not be able to idle within 100 feet of the northern boundary. IL Upholds the applicant's appeal on the required sound wall based on the following findings: A. "I'lze elimination of the truck circulation route through the new employee parking area. I3. A sound study prepared by Eco-Analysts determined that a masonry sound barrier will provide little attenuation and will not eliminate noise. C. In order for a sound barrier (wall) to function it must be continuous and not have gaps (e.g., gates) that allow sound to transmit (called "windows"). Gates are required for PG&E access and for residents to continue authorized disposing of vegetative waste. This renders the sound barrier nearly useless. D. Sound data does not support the fact that noise levels exceed, or will exceed, County standards (Standards are based on average daily noise, not peak incidental noise j. E. Construction would require the removal of the only remaining wildlife habitat. III. Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California lnvironmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. Based upon the Initial Study, Draft Mitigated Negative Declaration, and all oral and written comments and responses thereto, adopt the Mitigated Negative Declaration of Environmental Impact and certify that the requirements of the California Environmental Quality Act have been satisfied. C. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Smucker Quality Beverage, Inc., Planning Division File No. UP06-0020, would have a significant effect on the environment. 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. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. IV. Finds that the design of the proposed projects improvements, as mitigated, has a less than significant impact to Iish or wildlife habitat. The collection of Department of Fish and Game fees pursuant to Fish and Game Code Section 71 1.4 and 14 CCR 753.5 is required. V. Approves Use Permit 06-0020 with the following findings and the conditions as set forth in the attachment (Exhibit A) to the resolution. A. 'fhe proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety ol~the residents of the County as supported by the following: 1. "l~hc M-1 (bight Industrial) zone allows for the processing, packaging and treatment of goods, materials and products by power (oil, gas or electric), storage warehouses, and storage of goods. 2. "I~he proposed expansion, with the included conditions of approval, is not unreasonably incompatible with, or injurious to, surrounding properties and uses, and will not create significant amounts of noise, trailic, or other physical impacts that would affect the neighborhood. ~. "I'he proposed location, size, and design of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. DULY PASSED AND ADOPTL?D this 27`x' day of March, 2007, by the following vote: AYES: Supervisors Connelly, Kirk, Josiassen, Yamaguchi and Chair Dolan NOES: None ABSENT: None ABSTAIN: None JA E DO~.AN, Chair Butt County Board of Supervisors '~ ~`~,_J ATTEST: PAUL MCINTOSH, Chief Administrative Officer and Clerk of; e B4ard~ e ~Y r t