HomeMy WebLinkAbout10-057A RESOLUTION OF THE BOARD OF SUPERVISORS,
COUNTY OF BUTTE, STATE OF CALIFORNIA
GRANTING THE APPEAL OF CONDITION Na. 20
OF THE PLANNING COMMISSION'S APPROVAL
OF USE PERMIT UP07-0007 (DILLINGHAM)
WHEREAS, on August 27, 2009 the Butte County Planning Commission adopted a
Mitigated Negative Declaration and approved Use Permit UP07-0007 for .Michael and Scott
Dillingham to develop the X1.2-acre northernmost portion of a X6.3-acre property as a propane
storage and distribution facility on Assessor's Parcel Number 078-030-013 with findings and
subject to conditions; and
WHEREAS, Use Permit UP07-0007 applicant Scott Dillingham appealed, in a timely
manner and with the appropriate fees in accordance with Chapter 24 (Zoning) of the Butte
County Code, Condition of Approval No. 20 of said use permit to remove requirements for curb,
gutter and sidewalk construction along the Railroad Ave. frontage, as listed in Exhibit A of
Planning Commission Resolution No. 2009-34; and
'WHEREAS, said appeal was referred to various affected public and private agencies,
County departments, and referral agencies for review and comments; and
WHEREAS, the Board of Supervisors held a duly noticed public hearing on October 27,
2009 to consider the appeal, public comments, the report of the Planning Division, a
memorandum from the Public Works Department, the actions of the Planning Commission, and
the appeal letter and its attachments on record:
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors:
I. Finds that:
A. There are special circumstances or conditions of topography or shape or size or
location or existing development affecting the property, which circumstances,
conditions or development existed at the time the application was determined or
deemed to be complete.
The subject property is located in an area where other properties in both the
immediate and general vicinities were not required to provide the required
improvements to be waived (i.e. curbs, gutters, and sidewalks). 1Veither adjoining
lands developed with industrial uses nor properties in the vicinity located in the
City of Oroville were required to provide these required improvements thus
making connection of these improvements to Kusel Road and thence to Ophir
Road highly problematic. There is no drainage system in the area into which the
required curbs and gutters could drain.
B. The granting of the modification to Condition No. 20 will not be detrimental to
the public welfare or injurious to other property in the territory in which the
property is situated.
Existing development patterns in the immediate and general vicinities of the
subject property do not include the type of improvements otherwise required (i.e.
curb, gutter and sidewalks), and their waiver will not be detrimental to the public
welfare or injurious to other properly.
II. Grants the request to modify Condition of Approval #20 to read as follows:
"Prior to establishing use, submit road improvement plans for the construction of a
driveway to the 5-31 county improvement standard from the end of existing pavement to
the property line. Construct or provide bonds for performance and labor and materials
for the construction of the required improvements prior to the establishment of use."
DULY PASSED AND ADOPTED this 13~' day of April 2010, by the following vote:
AYES: Supervisors Dolan, Kirk, Lambert, Yama.~uchi., and Chair ConnallJ
NOES: None
ABSENT: None
ABSTAIN: Nane
Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
SCOTT TANDY, Int~im Chief Administrative Officer
and Clerk of the Bold ~
By:
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