HomeMy WebLinkAboutMISC21-0001 FPG California, INC. Zoning Clearance Letter Department of Development Services Paula M. Daneluk, Director, AICP
Pete Calarco, Assistant Director
7 County Center Drive T: 530.538.7601
Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
February 10, 2021
FPG California, INC.
4901 Vineland Road, Suite 300
Orlando, FL 32811
RE: 11115 Midway, Chico, CA 95928 on parcel APN 039-060-136.
To whom it may concern:
This office has reviewed your inquiry to continue operation of existing cemetery located at the above
addresses (APN 039-060-136). As you have explained, this would allow your company to become
properly licensed with the Funeral Board.
Butte County Code (BCC) Section 24-304 defines cemeteries as follows:
“Cemeteries, Private. A place used for the internment of human or animal remains or cremated
remains that is owned and operated by a private entity. Burial parks, crematoriums,
mausoleums, and columbarium are included in this definition.
Cemeteries, Public. A place used for the internment of human or animal remains or cremated
remains that is owned or operated by a public or quasi-public agency. Burial parks,
crematoriums, mausoleums, and columbariums are included in this definition.”
The subject property is situated in the Public (P) zone district which lists a public cemetery as a
permitted use and private cemetery with conditional use permit approval. Existing facilities a shop,
office tranquility fountain, and nine mausoleums. Existing uses are consistent with the uses described
in the Butte County Code (BCC) Section 24-304.
Development Services’ approved a Use Permit (UP 86-53 - attached) for two mausoleums on
February 20, 1987. At that time, the zoning for Glen Oaks was Unclassified (U). The U zone allowed
“Cemeteries, crematories, mausoleums or other places of the burial or other storage of the human
dead” as a conditional use. Use Permit UP 86-53 clearly defined the scope of the previous Use
Permit as “the expansion of a pre-existing nonconforming use to allow two mausoleums…”
In addition, a memorandum dated June 5, 2000 described Planning Division review and approval of
Building Permit 00-1146 for the Brusie Mausoleum Phase III. This was during the period that the
property was zoned P-Q and the cemetery was a permitted use. The memo also indicates that
approval on Phase I of mausoleum structure on February 21, 1995, and Phase II on September 27,
1997, occurred during the period the property was zoned P-Q.
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The Planning Commission, on May 10, 2018, granted approval of Use Permit 18-0001 for expansion
of uses. The expansion granted the approval of a 486 square foot mausoleum. The property at that
time was zoned Public (P) and required a use permit for any additions to existing uses. Approval of
Building Permit 18-2569 on October 29, 2018 for a new mausoleum followed.
The current use of a private cemetery is therefore permitted under existing ministerial and
discretionary approvals. Under the current (P) zone (similar to the period when the property was
zoned U and UP 86-56 was approved), the addition of any new structure requires approval of a
conditional use permit.
Please contact me at (530) 552-3687 or tlightle@buttecounty.net if you have any questions.
Sincerely,
Tiffany Lightle, Associate Planner
Butte County Department of Development Services