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HomeMy WebLinkAboutMUP20-0007 Agenda Report ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 1 of 14 ■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – December 2, 2020 EXECUTIVE SUMMARY: This minor use permit would allow for the conversion of both 10’ x 30’ faces of a newly approved double sided (wedge type) conventional off-site sign to a digital off-site display in two phases. The proposed off-site billboard was permitted under ADM20-0089 (approved July 15, 2020) and B20- 2289 (approved September 24, 2020). An existing off-site sign will subsequently be removed by B20-2290. The project is Categorically Exempt from environmental review under Section 15301 (Class 1 – Existing Facilities). Stott Outdoor Advertising (applicant) leases the sign area and is the Authorized Agent for the owners of the property (Betty Revocable Inter Vivos Trust) for this permit. Staff recommends approval of MUP20-0007 with findings and subject to the recommended conditions. PROJECT DESCRIPTION: The project proposes to convert the 10’ x 30’ static northwest and southeast faces of a new off-site sign (35’ in height) to a digital off-site display in two phases. Phase 1 will entail the conversion of Applicant: Stott Outdoor Advertising Location: The project parcel is located at 2553 Highway 32, south of Highway 32, 300 feet west of W. East Avenue, and approximately 0.15 miles west of the City of Chico city limits. Owner: Kathleen Betty, Trustee, Betty Revocable Inter Vivos Trust File #: MUP20-0007 Request: Minor Use Permit to convert both 10’ x 30’ faces of a new 35 ft. off-site sign to an off-site digital display in two phases. Supervisor District: 2 Project Planner: Austin Forde, Assistant Planner Parcel Size: 9.57 acres Attachments: A: Zoning Administrator Decision G.P. : Retail and Office (RTL) B: Minor Use Permit Zoning: General Commercial (G-C) C: Exhibit Map APN: 042-080-098 D: Site Plan E: Elevation ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 2 of 14 ■ the northwest face and Phase 2 the conversion of the southeast face. Phase 2 will occur within 3 years of Phase 1. No changes are proposed to the new steel structure. The new digital display will comply with all criteria in BCC §24-106 (E). SITE CHARACTERISTICS AND SURROUNDING USES: • The project parcel is located approximately 300 feet west of W. East Avenue, and approximately 0.15 miles west of the City of Chico city limits, at 2553 Highway 32 on the south side of Highway 32. • The subject property is relatively level and contains an existing commercial use in East and 32 Mini Storage. The existing off-site sign, owned and operated by the applicant, is located at the southeast corner of the property, towards W. East Ave. and the adjacent property at 2503 Highway 32. • The project parcel is 9.57 acres in size, with Highway 32 bordering to the north. Access to the parcel is off Highway 32. • The parcel is surrounded by various commercial uses to the east and west, a mix of commercial and industrial uses across Highway 32 to the north, and agricultural uses and vacant land to the south. • The subject property is not located within any Special Planning Areas as identified by the City of Chico’s General Plan, nor within any specific plan area as identified by Butte County. • Prior to final for the new 35 ft. off-site sign approved by ADM20-0089 and B20-2289, an existing 35 ft. off-site sign shall be removed under a separate demolition permit (B20-2290). ANALYSIS Per §24-102 (D) of Butte County Code (BCC), a minor use permit (MUP) is required for any off- site digital sign. The Zoning Ordinance allows for the installation of Digital Off-Site Signs per criteria set forth in BCC §24-106 (E): E. Off-Site Signs, Digital. Off-site digital signs shall be permitted only if all of the following criteria are met: 1. All digital display faces must be oriented primarily for viewing from the adjacent roadway. 2. The sign may only present a series of still images, each of which is displayed for at least eight (8) seconds. The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. Transition between one (1) still image and the next shall not include any interval of black or blank screen time. 3. The light emitted from the sign shall not be of an intensity or brilliance as to cause direct illumination of an adjacent residential area, impair the vision of any driver, or interfere with any driver's operation of a motor vehicle. The following standards for lighting are required for all digital off-site signs: ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 3 of 14 ■ a. The sign shall contain an automatic dimmer and a photo cell sensor to adjust the luminance intensity or brilliance in accordance with these standards. b. The sign shall not operate at an intensity or brilliance that will exceed three-tenths (0.3) footcandles above ambient light (as measured using a footcandle meter at a distance of two hundred fifty (250) feet from the sign face). c. The sign shall not operate at an intensity or brilliance that will exceed one-tenth (0.1) footcandles above ambient light as measured using a footcandle meter in any adjacent residential zone. The project also complies with Zoning Ordinance Table 24-105-1 as to the 672 sq. ft. maximum area, and has been reviewed for compliance with Note 1, which indicates that Off-site signs shall be located a minimum distance of 500 feet from another off-site sign on the same side of street that is four lanes (two lanes in each direction) and 300 feet between signs on streets or roads that are two lanes in each direction. GENERAL PLAN CONSISTENCY General Plan goals and policies were evaluated in the context of the proposed project. Two goals and three 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 proposed use promotes economic development and creates jobs in the unincorporated area of the County. LU-P1.9 The County shall allow commercial services and retail within unincorporated communities. Consistent. The proposal is a commercial service by displaying off-site advertising to east- and westbound motorists on State Highway 32. GOAL LU-2 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 choice of the property owner to lease the existing off-site billboard and the choice of the Lessee to convert to an off-site digital sign maintains economic use and value. ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 4 of 14 ■ MINOR USE PERMIT FINDINGS The proposed project meets the necessary findings BCC §24-222 to approve a minor use permit: A. The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article 22 (Nonconforming Uses and Structures). The current General Commercial (G-C) zone allows for one off-site, digital sign with approval of a minor use permit. Per BCC §24-106 (E). Off-Site Signs, Digital all following criteria must be met: 1. All digital display faces must be oriented primarily for viewing from the adjacent roadway. The proposed conversion of the proposed 10’ x 30’ static northwest and southeast faces of a 35’ tall off-site sign to digital faces meets criteria 1. The existing sign is oriented towards east- and westbound traffic on State Highway 32. 2. The sign may only present a series of still images, each of which is displayed for at least eight seconds. The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. Transition between one still image and the next shall not include any interval of black or blank screen time. This requirement is incorporated as a condition of approval for the Minor Use Permit. 3. The light emitted from the sign shall not be of an intensity or brilliance as to cause direct illumination of an adjacent residential area, impair the vision of any driver, or interfere with any driver's operation of a motor vehicle. The following standards for lighting are required for all digital off-site signs: a. The sign shall contain an automatic dimmer and a photo cell sensor to adjust the luminance intensity or brilliance in accordance with these standards. b. The sign shall not operate at an intensity or brilliance that will exceed 0.3 footcandles above ambient light (as measured using a footcandle meter at a distance of 250 feet from the sign face). c. The sign shall not operate at an intensity or brilliance that will exceed 0.1 footcandles above ambient light as measured using a footcandle meter in any adjacent residential zone. These requirements are incorporated as conditions of approval for the Minor Use Permit. 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. This Minor Use Permit will allow for the alteration of an existing off-site sign (billboard) on the subject property and will be compatible with both current and future land uses on ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 5 of 14 ■ the property and adjacent properties. The property is surrounded by primarily commercially, industrially and agriculturally-zoned properties in unincorporated Butte County. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The proposed use permit has been reviewed by the Environmental Health Division of Public Health, The Department of Public Works, and Cal Fire/Butte County Fire Department. As conditioned in accordance with Zoning Ordinance, the proposed use will not be detrimental to public health, safety, and welfare. D. The proposed use is properly located within the County and adequately served by existing or proposed services and infrastructure. State Highway 32 is a public roadway maintained by CalTrans and is adequately served by existing or proposed services and infrastructure (no additional traffic beyond current levels is anticipated by approval of this project). 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 size, shape, and other physical characteristics of the subject property are adequate to ensure the compatibility of the proposed sign with the existing and future land uses in the vicinity of the subject property. The sign will not have an adverse impact on the existing or future use of the property or its surrounding commercial, industrial or agricultural land uses. ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 6 of 14 ■ ENVIRONMENTAL REVIEW This application is for a minor use permit to allow conversion of the northwest and southeast- facing sides of a proposed double sided (wedge type) conventional off-site sign to an off-site digital display. Class 1 categorical exemptions within the California Environmental Quality Act (CEQA) Guidelines consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency‘s determination. The proposed sign face conversion constitutes a negligible expansion of the existing use and structure. AGENCY AND PUBLIC COMMENTS The Butte County Division of Environmental Health, Fire/CAL FIRE, and CalTrans were consulted on this project, and returned no comments. The City of Chico was consulted as the project lies within the City’s Sphere of Influence, and returned no comments. The Butte County Department of Public Works was consulted regarding the sign’s impact to traffic safety. Public Works indicates that “The proposed sign has already been approved by Public Works under B20- 2289; The location and size of the sign will remain as was previously approved.” Staff had not received any comments from the public at the time the staff report was prepared. ACTIONS FOR CONSIDERATION Staff recommends that the Zoning Administrator find the project exempt from CEQA and approve MUP20-0007, subject to the recommended findings and conditions. ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 7 of 14 ■ ATTACHMENT A BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN20-00XX MINOR USE PERMIT MUP20-0007 (Stott Outdoor Advertising) A request by Stott Outdoor Advertising for a minor use permit for the conversion of both 10’ x 30’ faces of a new double sided (wedge type) conventional off-site sign to a digital off-site display in two phases, compliant with the requirements of BCC §24-106 (E). APN 042-080-098 December 2, 2020 I. Find this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15301. Section 15301 exempts the minor alteration of existing public or private structures involving negligible or no expansion of the existing use. 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. Make the following Minor Use Permit findings and approve Minor Use Permit MUP20-0007: A. The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article 22 (Nonconforming Uses and Structures). The current General Commercial (G-C) zone allows for one off-site, digital sign with approval of a minor use permit. Per BCC §24-106 (E) Off-Site Signs, Digital all following criteria must be met: 1. All digital display faces must be oriented primarily for viewing from the adjacent roadway. The proposed conversion of the proposed 10’ x 30’ static east and west faces of a 35’ tall off-site sign to digital faces meets criteria 1. The existing sign is oriented towards east- and westbound traffic on State Highway 32. 2. The sign may only present a series of still images, each of which is displayed for at least eight seconds. The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. Transition between one still image and the next shall not include any interval of black or blank screen time. The applicant has stated that criteria 2 will be met. This requirement will be incorporated as a recommended condition of approval for the Minor Use Permit 3. The light emitted from the sign shall not be of an intensity or brilliance as to cause ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 8 of 14 ■ direct illumination of an adjacent residential area, impair the vision of any driver, or interfere with any driver's operation of a motor vehicle. The following standards for lighting are required for all digital off-site signs: a. The sign shall contain an automatic dimmer and a photo cell sensor to adjust the luminance intensity or brilliance in accordance with these standards. b. The sign shall not operate at an intensity or brilliance that will exceed 0.3 footcandles above ambient light (as measured using a footcandle meter at a distance of 250 feet from the sign face). c. The sign shall not operate at an intensity or brilliance that will exceed 0.1 footcandles above ambient light as measured using a footcandle meter in any adjacent residential zone. The applicant has stated that criteria 3. a., b., and c. will be met. These requirements will be incorporated as recommended conditions of approval for the Minor Use Permit 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. This Minor Use Permit will allow for the alteration of an existing off-site sign (billboard) on the subject property and will be compatible with both current and future land uses on the property and adjacent properties. The property is surrounded by primarily commercially, industrially and agriculturally-zoned properties in unincorporated Butte County. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The proposed use permit has been reviewed by the Environmental Health Division of Public Health, The Department of Public Works, and Cal Fire/Butte County Fire Department. As conditioned, the proposed use will not be detrimental to public health, safety, and welfare D. The proposed use is properly located within the County and adequately served by existing or proposed services and infrastructure. State Highway 32 is a public roadway maintained by CalTrans and is adequately served by existing or proposed services and infrastructure (no additional traffic beyond current levels is anticipated by approval of this project) . 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 of the subject property. ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 9 of 14 ■ The size, shape, and other physical characteristics of the subject property are adequate to ensure the compatibility of the proposed sign with the existing and future land uses in the vicinity of the subject property. The sign will not have an adverse impact on the existing or future use of the property or its surrounding commercial, industrial or agricultural land uses. III. Approve Minor Use Permit MUP20-0007 for Stott Outdoor Advertising, subject to the findings and conditions in Exhibit “A”. ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 10 of 14 ■ ATTACHMENT B EXHIBIT A MINOR USE PERMIT BUTTE COUNTY ZONING ADMINISTRATOR December 20, 2020 DATE OF APPROVAL MUP20-0007 PERMIT NO. 042-080-098 ASSESSOR’S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Stott Outdoor Advertising is hereby granted a Minor Use Permit for the which complies with the requirements of BCC §24-106 (E). 1. As provided by Butte County Code §24-243, the effective date of this Minor Use Permit shall be ten days following the action of the Zoning Administrator, unless appealed or called up for review. Permits or other approvals may be issued only upon or following the effective date, provided no appeal has been filed. 2. This approval shall expire and become void if not exercised within two years from the date of approval, except where an extension of time is approved as provided in Butte County Code §24-247. 3. The terms and conditions of this Minor Use Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permitee, provided the use has not been abandoned. 4. This Minor Use Permit may be revoked, or the conditions of approval modified, as provided in Butte County Code §24-251. 5. Minor changes as provided by BCC Chapter 24, Article 34, Section 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. 6. The applicant shall comply with all applicable federal, State and local statues and regulations. ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 11 of 14 ■ Conditions of Approval: 1. The applicant shall operate the sign in compliance with the requirements of BCC §24-106 (E) as follows: 1. All digital display faces must be oriented primarily for viewing from the adjacent roadway. 2. The sign may only present a series of still images, each of which is displayed for at least eight seconds. The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. Transition between one still image and the next shall not include any interval of black or blank screen time. 3. The light emitted from the sign shall not be of an intensity or brilliance as to cause direct illumination of an adjacent residential area, impair the vision of any driver, or interfere with any driver's operation of a motor vehicle. The following standards for lighting are required for all digital off-site signs: a. The sign shall contain an automatic dimmer and a photo cell sensor to adjust the luminance intensity or brilliance in accordance with these standards. b. The sign shall not operate at an intensity or brilliance that will exceed 0.3 footcandles above ambient light (as measured using a footcandle meter at a distance of 250 feet from the sign face). c. The sign shall not operate at an intensity or brilliance that will exceed 0.1 footcandles above ambient light as measured using a footcandle meter in any adjacent residential zone.” 2. Prior to final for the new 35 ft. off-site sign approved by ADM20-0089 and B20-2289, the existing 35 ft. off-site sign shall be removed under a separate demolition permit. I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this Minor Use Permit, and that I agree to abide fully by said conditions. Date: ______________________ ________________________________________________ Applicant ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 12 of 14 ■ ATTACHMENT C EXHIBIT MAP (TO BE ADDED TOMORROW) ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 13 of 14 ■ ATTACHMENT D SITE PLAN ■ Butte County Department of Development Services ■ ■ December 2, 2020 ■ Stott Outdoor Advertising MUP20-0007 ■ Page 14 of 14 ■ ATTACHMENT E Elevation