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Butte County Department of Development Services
August 27, 2020 Agenda Report – UP19-0005/Woodall Page 1 of 7
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT – August 27, 2020
Applicant: Martin Woodall Location: The project site is located at
5813 Pacific Heights Road,
3,100 feet north from the
intersection with Palermo Road,
approximately 3 miles
southwest of the City of
Oroville.
Owner: Cottonwood, LLC
File #:
UP19-0005 (Amendment No. 4 to
Use Permit 74-42)
Parcel Size: 34.12± acres
Request: Conditional Use Permit to add 13
new short-term recreational vehicle
spaces along the northern border of
“Dingerville USA” residential
community and golf course.
Supervisor
District:
Fourth (Steve Lambert)
Planners: Tristan Weems
Associate Planner
G.P.: Recreation Commercial Attachments
Zoning:
REC (Recreation Commercial,
10,000 square foot minimum)
A: Resolution
B:
C:
Conditional Use Permit
Zoning Map
APN: 025-240-104 D:
Site Plans
RECOMMENDED ACTION
Find the project to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of CEQA Guidelines, and approve the Conditional Use Permit, subject to the findings and
conditions in Attachment A.
EXECUTIVE SUMMARY
The applicant, manager of “Dingerville USA”, is requesting approval of a Conditional Use Permit for an
additional 13 recreational vehicle short-term spaces to the existing “Dingerville USA” residential community
and golf course. The additional 13 recreational vehicle spaces will be located along the northern site of the
property and will have electric and water connections, but will not be connected to the community sewage
disposal system. The California Department of Housing and Development notes the increased demand of
the additional, temporary Recreational Vehicles may necessitate an expansion of the restroom/shower
facilities. “Dingerville USA” has a public water system that operates under a permit issued by the Butte
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County Environmental Health Division. No public water system permit revision, application or further
documentation is required for the addition of 13 RV 'dry' lots as proposed.
BACKGROUND
The project parcel has had several approved discretionary projects:
• Conditional Use Permit (UP 74-42), approved on January 24, 1974, established a 120-space RV park
and campground.
• Conditional Use Permit (UP 79-46), approved on March 14, 1979, permitted construction of one
manufactured home to the existing recreational vehicle park and two mobile homes.
• Legal Lot Determination (DET 89-73), approved on June 21, 1989, issued a Certificate of Compliance
for the subject parcel. The determination found the parcel was illegally created and required the parcel
to be created in compliance with Chapter 20 of the Butte County Code and State Subdivision Map Act.
• Tentative Parcel Map (TPM 89-147), approved on November 13, 1989, created a one-lot 34.12 acre
parcel.
• Conditional Use Permit (UP 89-04), approved on December 19, 1988, converted 76 undeveloped
recreational vehicle spaces into 38 new mobile home spaces, 3 mobile home spaces for owners and
employees, allowed a 9-hole golf course, and the construction of an office, restroom, and laundry
facilities. Thirty-five developed recreational vehicle spaces and three undeveloped recreational vehicle
spaces permitted under UP 74-42 were allowed to remain.
• Conditional Use Permit (UP 03-11), approved on March 27, 2003, created one additional mobile home
space for a total of 42 mobile homes spaces.
• The project site includes 38 recreational vehicle park spaces and 42-mobile home spaces (for senior
citizens aged 55 years and older).
PROJECT DESCRIPTION
The applicant requests approval of a Conditional Use Permit for 13 additional Recreational Vehicle short-
term spaces. The subject property is approximately 34.12 acres in size and is located at 5803 Pacific Heights
Road in Oroville. The proposed spaces are intended for weekend use and are considered “dry” by the Butte
County Environmental Health Division because they are not to be connected to the sewage disposal system.
Each of the new RV spaces will have water and electric hookups. The State Department of Housing and
Community Development consider these dependent lots and must be served by the correct number of
shower and restroom facilities. To accommodate the additional dry lots the parks sewer and water system
must meet the increased sewer and water demand of the lots and possible restroom expansion of existing
facilities.
SITE CHARACTERISTICS AND SURROUNDING LAND USES
The project site is 34.12± acres in size and is developed with a 38-space recreational vehicle park, a 42-space
mobile home park for senior citizens aged 55 years and older, and a 9-hole golf course. Sewage disposal for
the park is handled by an on-site community disposal system under a Waste Discharge Permit issued by the
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California Regional Water Quality Control Board. Domestic water is obtained from an on-site community
water system. Accessory structures include a 60’ x 40’ golf storage building and in-ground pool.
The project site is located between Pacific Heights Road to the west and, California State Highway 70 to
the east, approximately 3 miles southwest of the City of Oroville City Limits with the situs of 5803 Pacific
Heights Road, Oroville, CA 95965.
Surrounding land uses are as follows:
Direction General Plan Designation Zoning Existing Land Use(s)
North Agriculture AG-80 Rangeland
South Very Low Density Residential & General
Commercial
VLDR & GC Single Family Residential
East Resource Conservation RC Highway 70 & undeveloped land
West Very Low Density Residential & Resource
Conservation
VLDR & RC Single Family Residential & Oroville
Wildlife Area
ANALYSIS
• UP19-0005 will be the fourth amendment to UP 74-42.
• Butte County Environmental Health has stated, “The water system at Dingerville USA does not need
to apply for a Permit Amendment as the expansion of 13 lots is less than 20% of the current service
connections.”
The wastewater component of this project has been reviewed by the wastewater authority for Large
Community Systems, the Regional Water Quality Control Board (Water Board). They have provided
this synopsis:
The community wastewater system is designed for 21,000 gpd and has a flow rate average of 8,000
gpd, therefore The Water Board has approved the addition of 13 'dry' lots with an RV dump station
and restroom to accommodate the lots. The Water Board does not require a formal application
relating to the increased wastewater flow from this proposed 13 'dry' lot development.
Dingerville Mobile Home Park has a public water system that operates under a permit issued by the
Butte County Environmental Health Division. No public water system permit revision, application or
further documentation is required for the addition of 13 RV 'dry'' lots as proposed.
The State Department of Housing and Community Development has provided this requirement:
"This type of lot is considered a dependent lot and must be served by restroom facilities and dump
station. Title 25 California Code of Regulations, Special Occupancy Parks Regulations, Sections
2248 Sewage Disposal, 2269 RV Sanitation Stations, 2270 Sanitation Station Specifications and
Section 2112 Required Toilet and Shower Facilities"
Butte County Code - Section 24-222 (Findings)
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To approve a conditional use permit, the proposed project must comply with applicable standards in the
Zoning Ordinance, other County ordinances, the General Plan, County Improvement Standards, and be
supported by the following findings:
A.The proposed use is allowed in the applicable zone.
Under Table 24-22-1, Permitted Land Uses in the Commercial and Mixed Use Zones, in the Recreation
Commercial zone the land use category, “Recreational Vehicle Park” is defined by 24-304 as “A
commercial use providing space for the accommodation of two or more recreational vehicles for
transient lodging purposes.” This use is allowed with a Conditional Use Permit. The proposed 13 short-
term recreational vehicles spaces is an expansion of the existing recreational park, necessitating
approval of a fourth amendment to approved Use Permit UP 74-42. The site also includes a Mobile
Home Park, 38 long-term Recreational Vehicle spaces, office, restroom facilities, shower facilities and
9-hole golf course, which were approved by multiple use permits (UP 79-46, UP 89-4 and UP 03-11).
B.The location, size, design, and operating characteristics of the proposed use will be compatible with the
existing and future land uses in the vicinity of the subject property.
The location, size, and design of the new RV spaces will not result in any significant impact on the
viewshed, character, or nature of the neighboring residential properties. The developed parcel has a
numerous dwellings, landscaping, parking spaces, and a golf course, which will adequately serve the
new development. The adjacent property to the north is an agriculturally zoned parcel maintained as
rangeland.
C.The proposed use will not be detrimental to the public health, safety, and welfare of the County.
The Butte County Environmental Health Division will monitor the safety of the water and wastewater
usage on site. The existing septage ponds can meet additional demand, and water standards meet
current Environmental Health standards.
D.The proposed use is properly located within the county and adequately served by existing or planned
services and infrastructure.
The project site meets applicable criteria for the proposed development. The Butte County Department
of Public Works, Department of Development Services, Public Health, Environmental Health Division,
and Cal-Fire have reviewed the proposal and found that the project meets applicable development
requirements. Existing public facilities and services are adequate for the needs of the proposed
structure.
E.The size, shape, and other physical characteristics of the subject property are adequate to ensure
compatibility of the proposed use with the existing and future land uses in the vicinity of the subject
property.
The project is located on a property that has physical characteristics capable of accommodating the
proposed use consistent with County requirements. The project meets setbacks and the use is contained
within the property, there have been no associated complaints with the operation, and there are no
sensitive receptors within its vicinity.
GENERAL PLAN AND ZONING
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This project site is designated “Recreation Commercial” in the Butte County General Plan. This designation
allows recreation and tourism-related uses. Examples of uses that are considered appropriate under this
designation include, but are not limited to golf courses, shooting ranges, archery ranges, eating and drinking
establishments, food and beverage sales, wedding facilities, gasoline service stations, public buildings,
hotels and motels, offices, owner-occupied residences, RV parks, resorts, and vacation cabins. Many uses
under this designation are subject to a conditional use permit to ensure compatibility with surrounding uses.
However, uses that do not typically conflict with other uses, such as a passive recreation park, are permitted
as of right. This designation allows for a maximum FAR of 0.4.
The project parcel is zoned REC (Recreation Commercial). The purpose of the REC zone is to allow for
unique recreation and tourism-related uses to serve County residents and visitors. Standards in the REC
zone are intended to allow for only those uses that are consistent with this objective. Conditionally permitted
uses in the REC zone include golf courses and country clubs, parks and recreational facilities, RV parks,
marinas, resorts and vacation cabins, restaurants, retail, and other similar uses.
General Plan Consistency
General Plan goals and policies were evaluated in the context of the proposed project. Three goals and four
policies were identified as being applicable to the project. The following table identifies each applicable
goal and policy, and a review of the project’s consistency with each policy.
General Plan 2030 Goals and Policies Consistency Review
LAND USE ELEMENT
GOAL LU-G1. Continue to uphold and respect the
planning principles on which the County's land use map
is based.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
LU-P1.2 The County shall promote economic
development and job-generating industry in
unincorporated areas.
Consistent. The increase of the available
Recreational Vehicle spaces promotes economic
development for Dingerville.
LU-P1.9 The County shall allow commercial services and
retail within unincorporated communities.
Consistent. The increase of Recreational Vehicle
spaces improves and increases commercial
services available in the County.
GOAL LU-G2 Provide for orderly, well-planned and
balanced growth that maintains private property
rights.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
LU-P2.2 Economic use and value of private property shall
be maintained.
Consistent. The proposed Recreational Vehicle
expansion is an economic use and increases the
value of the property.
ECONOMIC DEVELOPMENT ELEMENT
GOAL ED-1 Improve the local economy by diversifying
the economy, reducing the unemployment rate,
increasing business revenues to the County, and
increasing wages.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
ED-P1.2 The County shall encourage a full range of
commercial services at the regional, community and
neighborhood levels.
Consistent. The increase of Recreational Vehicle
spaces encourages a more full range of
commercial services at the regional, community
and neighborhood levels.
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BUTTE COUNTY DEPARTMENT AND AGENCY REVIEWS
The project was reviewed by the Butte County Public Works Department, Butte County Environmental
Health Division, Building Division, Agricultural Commissioner’s Office, Assessor’s Office, California
Housing and Community Development Department, California Regional Water Quality Control Board and
Butte County Fire Department/Cal Fire. The following departments/agencies commented on the
application. All comments and conditions were incorporated into the project.
Butte County Agricultural Commissioner’s Office: Noted, “No adjacent production agricultural operations,
Project does not appear to pose significant impact to adjacent agriculture. No apparent adverse agricultural
issues, no other conditions or mitigating measures.”
Butte County Fire Department/Cal Fire: Completed their review and did not have any requirements or
conditions.
Butte County Assessor’s Office: Noted, “Assessor’s office is good to go with this project.”
California Regional Water Quality Control Board: Commented that the wastewater treatment and disposal
system is designed for 21,000 gpd. The monthly monitoring reports for the period of June 2018 through
June 2019 show the highest reported flow occurred in December 2018 with approximately 16,500 gpd, and
an average monthly flow of under 8,000 gpd. If monthly wastewater flows remain below the system design
flow, our agency will not require any formal submittals. However, if reporting indicate that the facility
discharges exceed the design flow rate, we may request an Evaluation of Treatment System Capacity. The
applicant must notify the agency when the expansion is constructed, and to provide an updated facility map
so that the agency may keep records up-to-date of the facility operations.
California Department of Housing and Community Development: The applicant has not submitted an
application for permit to construct with HCD. The added Recreational Vehicle spaces would be considered
dependent lots and must be served by the correct number of shower and restroom facilities. To
accommodate the additional dry lots the parks sewer and water system must meet the increased sewer and
water demand of the lots and possible restroom expansion of existing facilities. The design for this work
needs to be approved by the local and state agencies having prior to submitting plans to HCD.
Butte County Environmental Health: Dingerville Mobile Home Park has a public water system that operates
under a permit issued by the Butte County Environmental Health Division. No public water system permit
revision, application or further documentation is required for the addition of 13 RV 'dry' lots as proposed.
The following conditions for UP19-0005 will be included:
1.Restroom/shower facilities and RV dump station permitted by the State Department of Housing
and Community Development must be provided to accommodate the addition of the 13 RV ‘dry’
lots,
2.This mobile home park must maintain a current and active permit status with the State Department
of Housing and Community Development and remain in regulatory compliance with this permitting
authority.
PUBLIC COMMENTS
There have been no public comments received as of the writing of the staff report.
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ENVIRONMENTAL REVIEW/CEQA ISSUES
This project qualifies to be exempt from California Environmental Quality Act (CEQA) provisions under
section 15061(b)(3) of the CEQA Guidelines, which allows a lead agency to make a determination that
CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, and is therefore not subject to CEQA.
Title 14 CCR Section 15061(b)(3). Review for Exemption
A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA
applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have
a significant effect on the environment, the activity is not subject to CEQA.
Reasons why project is exempt: This project does not present any potential or significant impact to the
environment. The location for the short-term recreational vehicle spaces in an area that has been disturbed
and used for storage. Existing infrastructure including access roads, community sewage disposal system,
and the community water system are existing and have the capacity to accommodate the additional
recreational vehicles.
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August 27, 2020 Resolution – UP19-0005/Woodall Page 1 of 3
EXHIBIT A:
RESOLUTION No. PC20-______
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING
CONDITIONAL USE PERMIT UP 19-0005 (MARTIN WOODALL – “DINGERVILLE USA”)
WHEREAS, the Planning Commission has considered Conditional Use Permit UP19-0005 by
Martin Woodall to construct 13 new short-term Recreational Vehicle spaces along the northern border of
“Dingerville USA” residential community and golf course; and
WHEREAS, said conditional use permit application 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 August 27, 2020; and
WHEREAS, the Planning Commission has considered public comments and a report from the
Planning Division.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission:
I.Finds this project is exempt from the California Environmental Quality Act (CEQA) provisions under
14 CCR Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines:
A.Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish
and Game Code Section 711.4 and 14 CCR 753.5 is not required.
B.The custodian of the record is the Department of Development Services. The location of the record
is 7 County Center Drive, Oroville CA 95965.
II.Approves the Conditional Use Permit UP19-0005 subject to the following findings and the conditions
of approval found in Exhibit “A”:
A.The project is consistent with the Criteria for Granting Use Permits, identified in Butte County
Code Section 24-222, as follows:
1.The proposed use is allowed in the applicable zone.
Under Table 24-22-1, Permitted Land Uses in the Commercial and Mixed Use Zones, in the
Recreation Commercial zone the land use category, “Recreational Vehicle Park” is defined by
24-304 as “A commercial use providing space for the accommodation of two or more
recreational vehicles for transient lodging purposes.” This use is allowed with a Conditional
Use Permit. The proposed 13 short-term recreational vehicles spaces is an expansion of the
existing recreational park, necessitating approval of an amendment to approved Use Permit
UP 74-42. The site also includes a Mobile Home Park, 38 long-term Recreational Vehicle
spaces, office, restroom facilities, shower facilities and 9-hole golf course, which were
approved by multiple use permits (UP 79-46, UP 89-4 and UP 03-11).
2.The location, size, design, and operating characteristics of the proposed use will be compatible
with the existing and future land uses in the vicinity of the subject property.
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August 27, 2020 Resolution – UP19-0005/Woodall Page 2 of 3
The location, size, and design of the new RV spaces will not result in any significant impact on
the viewshed, character, or nature of the neighboring residential properties. The developed
parcel has a numerous dwellings, landscaping, parking lots, and a golf course, which will
adequately serve the new development. The adjacent property to the north is an agriculturally
zoned parcel maintained as rangeland.
3.The proposed use will not be detrimental to the public health, safety, and welfare of the County.
The Butte County Environmental Health Division will monitor the safety of the water and
wastewater usage on site. The existing septage ponds can meet additional demand, and water
standards meet current Environmental Health standards.
4. The proposed use is properly located within the county and adequately served by existing or
planned services and infrastructure.
The project site meets applicable criteria for the proposed development. The Butte County
Department of Public Works, Department of Development Services, Public Health,
Environmental Health Division, and Cal-Fire have reviewed the proposal and found that the
project meets applicable development requirements. Existing public facilities and services are
adequate for the needs of the proposed project.
5.The size, shape, and other physical characteristics of the subject property are adequate to ensure
compatibility of the proposed use with the existing and future land uses in the vicinity of the
subject property.
The project is located on a property that has physical characteristics capable of
accommodating the proposed use consistent with County requirements. The project meets
setbacks and the use is contained within the property, there have been no associated complaints
with the operation, and there are no sensitive receptors within its vicinity.
B.The project is consistent with the applicable Goals and Policies of the Butte County General Plan,
as presented in the General Plan Consistency Review included in the staff report.
DULY PASSED AND ADOPTED this 27th Day of August 2020, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Peter Hanson, Chair
Planning Commission
County of Butte, State of California
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August 27, 2020 Resolution – UP19-0005/Woodall Page 3 of 3
ATTEST:
_____________________________
Jennifier Wakefield, Secretary
Planning Commission
County of Butte, State of California
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EXHIBIT B:
CONDITIONAL USE PERMIT
BUTTE COUNTY PLANNING COMMISSION August 27, 2020
DATE:
UP19-0005
PERMIT NO.
025-240-104
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set
forth below, Martin Woodall and Cottonwood, LLC are hereby granted a conditional use permit to 13 new
short-term Recreational Vehicle spaces along the northern border of the Dingerville USA.
I. GENERAL REQUIREMENTS, CONDITIONS, AND RESTRICTIONS:
1. Failure to comply with the conditions specified herein as the basis for approval of this Use
Permit constitutes cause for the revocation of said permit in accordance with the procedures
set forth in the Butte County Code (BCC), Chapter 24, Article 34, Section 24-251 Permit
Revocation or Modification.
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 Use Permit must be established within 24 months of the delivery of the
countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34,
Section 24-247 Time Limits and Extensions.
3. Minor changes as provided by BCC Chapter 24, Article 34, Section 24-26 C, may be
approved administratively by the Zoning Administrator 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 date of receipt of the countersigned permit by the Permittee, the permit shall become
null and void and reapplication and a new permit shall be required to establish the use.
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 the Permit.
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7. Outdoor lighting associated with the 13 short-term spaces shall be located, adequately
shielded, and directed such that no direct light falls outside the property line, or into the
public right-of-way as illustrated in Butte County Zoning Ordinance Figure 24-67-1
(Inadequate and Adequate Shielding) and Figure 24-67-2 (Light Source Not Directly
Visible Outside Property Perimeter).
8. Applicant must also comply with all other applicable State and local statutes, ordinances,
and regulations.
9. Restroom/shower facilities and RV dump station permitted by the State Department of
Housing and Community Development must be provided to accommodate the addition of
the 13 RV ‘dry’ lots.
10. The mobile home park must maintain a current and active permit status with the State
Department of Housing and Community Development and remain in regulatory
compliance with this permitting authority.
11. Record a Declaration Acknowledging Right To Farm (Agricultural Statement of
Acknowledgement).
II. NOTATION
A. 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.
B. 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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EXHIBIT C: ZONING MAP
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EXHIBIT D: SITE PLANS
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