HomeMy WebLinkAbout07-119~:~
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~~1 Re'solufivn N0. 07-119
A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS
APPROVING USE PERMIT UP 06-07 (ALLEN AND LISA RENVILLE)
WHEREAS, the Board of Supervisors has considered tJse Permit 06-07 to allow
expansion of an existing private kennel for up to 12 (Australian Shepherd) dogs, including public
comments, a report from the Planning Division and the recommendation of the Planning
Commission; and
WHEREAS, said Use Permit was referred to various public and private agencies, County
departments, and referral agencies for review and comments, after which the Planning
Commission approved the use permit at a duly noticed public hearing on November 30, 2005;
and
WHEREAS, an appeal of the Planning Commission's approval of the use permit was
filed in a timely manner with appropriate fees; and
WHEREAS, the Board of Supervisors directed the preparation of, and has considered, an
Initial Study and Mitigated Negative Declaration in accordance with the California
Environmental Quality Act; and
WHEREAS, duly noticed public hearings have been held before the Board of Supervisors
on February 13, 2007 and June 26, 2007:
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors:
I. Denies the appellant's appeal based on the following findings:
A. A kennel is consistent with the Unclassified `U" zoning district in which it
is proposed. The U zone includes agricultural uses, and is similarly
consistent with the AR land use designation, which allows agricultural
activities as a primary use. Noise and odors associated with the kennel, as
regulated through conditions of approval for the project, will be consistent
with the U zone and the AR designation, and with surrounding land uses.
B. On the basis of the whole record before the Planning Commission, there is
no substantial evidence that the Use Permit for Allen and Lisa Renville,
UP 06-07, would have a significant effect on the environment.
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II. Adopts a Mitigated Negative Declaration with the following findings:
A. An Initial Study was completed in compliance with the California
Environmental 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 the Renville Use Permit,
Planning Division File No. UP 06-07, 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.
III. Finds the collection of fees pursuant to Fish and Game Code Section 711.4 is
required, prior to filing a Notice of Determination for the project, unless the
project proponent provides verification from the California Department of Fish
and Game that the project is exempt from the fee requirement. If a required fee is
not paid for a project, the project will not be operative, vested or final and any
local permits issued for the project will be invalid (Section 711.4 (c) (3)).
IV. Approves the Use Permit 06-07 for Allen and Lisa Renville for a private dog
kennel for up to 12 (Australian Shepherd) dogs on APN 041-120-113, subject to
the following findings and the conditions found in Exhibit "B":
A. The proposed location, size, design, and operating characteristics of the
proposed use are in accordance with the purpose of this Ordinance, the
purpose of the zone in which the site is located, the Butte County General
Plan, and the development policies and standards of the County because:
The project is in accordance with the purpose of the rural residential
character of the Unclassified zone in which the land lies, and with the
Butte County General Plan designation of Agricultural Residential (AR),
which allows animal husbandry and intense animal uses as a secondary
use. The U zone allows kennels with approval of a Use Permit; this Use
Permit is warranted because the proposed kennel is found to be
compatible with the project site's rural residential setting and is found to
have no adverse health, safety or welfare impacts.
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B. The location, size, design, and operating characteristics of the proposed
use would be compatible with, and would not adversely affect or be
detrimental to adjacent uses, residents, buildings, structures, or natural
resources, with consideration given to:
1. Harmony in scale, bulk, coverage, and density;
The proposed project will involve no significant changes to buildings or
density aside from the expansion of an existing septic system to handle the
dog waste that will be required to comply with County Improvement
Standards.
2. The availability of public facilities, services and utilities;
No additional public facilities, services or utilities are needed to
accommodate this project. All phases of the project can be served by the
existing well and the expanded septic system.
3. The harmful effect, if any, upon desirable neighborhood character;
Noise
The particular activity allowed by this use permit, the raising and training
of Australian Shepherds _for show at large competitions for obedience,
agility and conformance, has been successfully pursued by the applicants
for thirteen years, and requires that the dogs be socialized and trained to
a high standard, including quiet, restrained behavior. Were objectionable
noise to occasionally occur, it would be buffered to a varying extent by
distance and vegetation between the kennel and dog run and the nearest
residences that are some 230 feet west, 520 feet south, and 700 feet north
of the kennel. Were persistent levels of noise in excess of established
standards (currently 60dB in the General Plan Noise Element) to occur,
Conditions S and 6 provide relief through a measured series of
recommendations to be implemented by the Department of Development
Services up to and including revocation of this Use Permit.
Offensive Odors
Offensive odors will be minimized by daily removal of waste and weekly
washing of the kennel with a mild, non-toxic bleach solution. The
proposed project would not adversely affect neighborhood character in
regards to noise and odor as long as the conditions in Exhibit B are
implemented.
4. The suitability of the site for the type and intensity of use or proposed
development;
The project parcel is located in a predominantly rural residential area
that is suitable for the type and intensity of use for the proposed private
kennel. Animal husbandry and intense animal uses are a permitted use
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lands within the AR land use designation, and kennels are allowed by use
permit in the Uzone.
5. Any other relevant impact of the proposed use:
Responses from County agencies regarding this application indicate no
evidence that the proposed use, with appropriate conditions, would cause
impacts. The project requires a kennel license .from the Butte County
Animal Control Office based on different findings and criteria than those
for a Use Permit. Approval of this Use Permit does not preclude denial of
a kennel license by the Animal Control Division.
Use permits run with the land,• should a future owner of the applicants'
property wish to exercise this use permit, (s)he would he constrained to its
specific terms: a private kennel for the raising and training gf~no more
than twelve dogs owned by the landowner, subject to a new kennel license
from the Animal Control Division and the same annual inspections noted
above.
C. Based on the above findings, the proposed location, size, design, and
operating characteristics of the proposed use and the conditions under
which it would be operated and maintained would not be detrimental to
the public health, safety, or welfare, or injurious to properties or
improvements in the vicinity.
No impacts to public health, safety or welfare have been identified in the
review of the project.
D. The project does not require the removal of any trees or riparian
vegetation. The project will not impact any vernal pools.
The project does not entail the removal of uny trees or ripuriun
vegetation, nor will it impact any vernal pools.
DULY PASSED AND ADOPTED this 26th day of June, 2007, by the following vote:
AYES: Supervisors Connelly, Kirk, Josiassen, and Yamaguchi
NOES: Chair Dolan
ABSENT: None
ABSTAIN: None `., _~,~...~..___.,._~
t. } ,
JANE D(~LAN, Chair
Butte County Board of Supervisors
ATTEST:
PAUL MCINTOSH, Chief Administrative Officer
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and Clerk
EXHIBIT B
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Rec.)
UP 06-07
PERMIT NO.
ASSESSOR'S PARCEL NO. 041-120-113
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below, Allen and Lisa Renville are hereby granted a Use Permit for a
private kennel for boarding and training up to twelve (12) dogs owned exclusively by the
property owners, consistent with the attached site plan.
Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of Permit constitutes cause for the revocation of said permit in
accordance with the procedures set forth in the Butte County Zoning Ordinance,
including Butte County Code Sec. 24-45.65.
2. Unless otherwise provided for in a special condition to this Use Permit, all conditions
must be completed prior to or concurrently with the establishment of the granted use.
The use granted by this permit must be established within two years of the date of
approval.
3. 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.
4. If any use for which a Use Permit has been granted is not established within two years of
the receipt of the Permit by the Permittee consistent with conditions of approval herein,
the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the
Zoning Code) shall be required to establish the use previously granted under the expired
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Permit unless, 30 days prior to the expiration date, a request for a one year extension is
submitted to the Planning Commission together with sufficient evidence that the time
limits for processing development permits under federal or state regulations require time
limits which exceed one year. Upon application, and for good cause by the Permittee, at
a public hearing pursuant to Section 24-45.25 above, the Planning Commission may
extend any time limitation previously made a part of any condition to a Use Permit.
5. The terms and conditions of this Permit shall run with the land and shall be binding upon
and to the benefit of the heirs, legal representatives, successors, and assigns of the
Permittee.
6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally
omit or misrepresent any material fact in connection with the application. Any alleged
material misrepresentation shall constitute grounds for the Director of Development
Services to commence a revocation hearing, and, if proven to exist, shall constitute
sufficient grounds to revoke a Permit.
7. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this
Use Permit. The Commission may, at its own discretion, and following a noticed public
hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify
existing conditions of approval, upon receipt of written complaints or other evidence of
adverse impacts upon surrounding properties or the public health, safety or welfare.
Conditions of Approval:
Planning Division
1. The kennel permitted by this Use Permit shall be for the raising and training of not more
than twelve (12) dogs on site, including the owners' home. For example, were the
owners to keep two dogs in their house as personal pets, the maximum number of dogs
allowed in the kennel would be ten (10).
2. All dogs kept on the site shall be owned by the applicants or, in the event their property is
sold, by future owner(s) of the property. Boarding of dogs owned by anyone other than
the applicants or, in the event their property is sold, by the future owner(s) of the
property, is expressly prohibited.
3. The applicants will be responsible for the daily collecting and washing of all solid and
liquid waste from the kennel and outdoor training area into drains served by the septic
tank and leach field.
4. The applicants shall wash the kennel stalls with a high pressure hose on a daily basis in
order to prevent odors and flies, and to maintain a hygenic and comfortable environment
for the dogs. The stalls shall be scrubbed with a mild, non-toxic bleach solution weekly.
All waste water must drain to the septic system.
5. If the Department of Development Services or other County departments receives any
pattern of noise-related complaints regarding the project, and the level of noise is in
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excess of established standards, the applicants shall implement recommendations of the
Department of Development Services to reduce the noise impacts. In response to any
pattern of noise complaints, the Development Services Department, at the expense of the
applicant, shall conduct a noise analysis to establish the compliance of the project with
standards in the Noise Element of the General Plan. Currently, the Noise Element
establishes acceptable levels of noise for the project area of up to 60 dB as expressed in
terms of Community Noise Equivalent Level (CNEL) or Day-Night Average Level (Ldn)
noise contours. If noise levels are in excess of established standards, the applicants are
required to reduce noise levels through recommendations of the Development Services
Department, which may include (but are not limited to) requiring that the applicants:
a. change their management and training approach and/or the dogs' training
schedules
b. work with a dog behavior specialist to correct any issues leading to barking
problems
c. install sound-proofing within the kennel
d. erect asight-obscuring fence so that the dogs can not see off the site, and/or
e. implement such other recommendations from the Development Services Division
in order to abate noise nuisance.
6. If, after implementing the approaches listed in Condition 5, noise complaints persist, the
Planning Commission may, at its discretion:
a. modify this Use Permit to reduce the number of dogs allowed, or
b. revoke this Use Permit.
7. The kennel structure shall comply with all applicable building and electrical codes, in
addition to all Butte County Health Department, Animal Control Division requirements.
8. The applicants shall comply with all other applicable State and local statutes, ordinances,
and regulations.
9. The kennel shall be subject to annual inspections by the Butte County Health
Department, Animal Control Division and the applicants shall comply with all
requirements made as a result of those inspections.
Building Division
10. An application for a building permit for the kennel structure that is currently permitted as
an Agricultural Exempt Building shall be submitted within one month following approval
of this Use Permit. Design shall be in compliance with the 2001 California Building
Code and, as necessary, in consultation with the Animal Control Division. More than
five dogs may not be boarded in the kennel until a building permit has been issued.
Public Health Department Animal Control Division
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11. Obtain a license to operate a kennel from the Butte County Public Health Department,
Animal Control Division. The applicants shall obtain a kennel license from the Animal
Control Division within thirty (30) days after the kennel (that is, more than five dogs) is
established and annually thereafter. All conditions required by the Animal Control
Division shall be implemented prior to issuance of the kennel license.
Environmental Health Division
12. Under permit from Environmental Health, the applicants shall expand the existing septic
system by installing 150 feet of additional leach line for the new kennel, in addition to
installing necessary drains in the kennel designed such that waste water from the washing
of the kennel floor flows directly and only into the septic tank, without exposure to
rainfall or rainfall runoff.
County Counsel
13. If this entire matter or any finding, action or condition of this matter is appealed to the
Board of Supervisors, the applicants or any other developer/operator other than the
applicants agree 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 I have read the foregoing conditions, they are in
fact the conditions which were imposed upon the granting of this use permit, and that I agree to
abide fully by said conditions.
Dated:
Applicant
NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and
Health Department permits, nor does it waive any other requirements.
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JANE DOLAN, Chair
Butte County Board of Supervisors
CC: Land Development Division
Building Division
Environmental Health Division
Butte County Fire Department/CDF
Butte County Assessor's Office
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Animal Control Office