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HomeMy WebLinkAbout11-003Resolution A RESOLUTION Off' THE BUTTE COUNTY BOARD OF SUPERVISORS DENYING AN APPEAL ON THE APPROVAL OF USE PERMIT UP09-0005 WHEREAS, the Board of Supervisors has considered Use Permit 09-0005 for Dennis and Patricia Webber-Smith, in accordance with Chapter 24, Section 45; Use Permits, of the Butte County Code on Assessor's Parcel Number 027-100028; and WHEREAS, the Board of Supervisors has considered an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said use permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, the Planning Commission public hearings were held on May 27, 2010, June 10, 2010, July 23, 2010, August 26, 2010 and September 23, 2010; and WHEREAS, the Planning Commission adopted the Initial StudylMitigated Negative Declaration and approved the Use Permit per Resolution No. 10-31 on September 23, 2010; and WHEREAS, an appeal of the Planning Commission's approval of the project was received in a timely manner and with the appropriate fees; and WHEREAS, a duly noticed public hearing was held on November 23, 2010; and WHEREAS, the Board of Supervisors has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors: I. Adopt the 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 a mitigation measure that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. Page 1 of 4 C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Dentus and Patricia Webber- Smith, Planning Division File No. UP09-0045 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, Oroviile CA 95965. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II Find that collection of fees pursuant to Fish and Game Code Section 71 i .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)}. III. Make the following Use Permit findings: A. The existing retail sales and storage of hay and feed on 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 of the residents of the County as supported by the following: 1. The A-5 zone does conditionally allow for a feed store with issuance of a Use Permit. 2. The existing business is agricultural in nature and is located in a rural/agricultuxal setting. 3. The existing accessory structures used for the business are similar in design and size to other agricultural buildings in the area. 4. The operator of the business has improved and maintained the private access road that serves rural residential parcels. Several of the landowners have stated how the road has been improved and maintained. 5. The traffic generated by the business, 12 to 22 weekday and 30 to 40 weekend vehicle trips will not create a public health or safety on the private access road for surrounding residential uses. Conditions of approval have been included as part of the use permit to maintain the business has it currently operates. B. The location, size, design, and operating characteristics of the proposed use will be compatible with, and will not adversely affect, or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: Page 2 of 4 1. Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the hay/feed store will be located in existing structures similar in size to other accessory agricultural buildings in area. Density is not an issue since no residential use is proposed. There is more than adequate parking area for the proposed use. The structure to be used for the feed store is not out of character for the area agricultural area. 2. The availability of public facilities, services, and utilities: The feed store will not create a need for new public facilities, services, and utilities because water, telephone, gas, and electrical services already extend to the project parcel. The project site is provided with existing potable water and will be serviced by a unisex bathroom with a wastewater disposal system. 3. The harmful effect, if any, upon desirable neighborhood character: The proposed use would not have deleterious impacts on the surrounding neighborhood character due to the wide range of parcel sizes, mostly agricultural use in the surrounding area. The proposed use is in keeping with the surrounding rural residentiallagricultural area. 4. The generation of traff c and the capacity and physical character of surrounding streets: The development of feed store will not significantly increase vehicle traffic in the area. There is no listing in the Trip Generation Manual of the Institute of Traffic Engineers for feed store use in non-urban areas. Traffic was determined by averaging the commercial use of a hardware/paint store and building materials and lumber store. An increase of 85.31 weekday vehicle tripslday and 101.64 weekend vehicle tripslday for the feed store is possible. But being in such a rural area, the anticipated average daily trips are expected to be much lower. Based on conditions of approval, the business will continue to operate in its current capacity and would average approximately 12 to 22 weekday and 30 to 40 weekend vehicle trips. 5. The suitability of the site for the type and intensity of use or development which is proposed: The site is suited for the proposed feed store. Adequate access and parking is available. The site is located in Agricultural Residential Butte County General Plan designation. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed Use Permit application to County Agencies and other interested parties and has received no evidence that the use, with appropriate conditions, would cause any other relevant impact. Page 3 of 4 IV. Deny the appeal and approve Use Permit 09-0005 and the conditions as set forth in the attachment (Exhibit A) to the resolution. DULY PASSED AND ADOPTED this 25~' day of January 2011, by the following vote: AYES: Supervisors Connelly, Kirk, Wahl and Yazx~aguchi NOES: none ASSENT: None ABSTAIN: Chair Lambert STEVE LAMB T, Chair Butte County oard of Supervisors County of Butte, State of California ATTEST: Pan and By: gage 4 of 4