HomeMy WebLinkAboutUP21-0001_PC Agenda Report
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 1 of 20
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT – May 20, 2021
Applicant: Pastor Doug McMaster,
Calvary Concow, Inc.
Location: Adjacent and southeast of
State Highway 70 in the
Community of Concow,
northeast of the Yankee Hill
Road and State Highway 70
intersection, approximately
16 miles northeast of the
City of Oroville.
Owner: Calvary Concow, Inc.
File #: UP21-0001 Parcel Size: 5.74± acres
Request: Conditional Use Permit to
construct a 2,400 square foot
central church meeting
space/building to be served by
septic and well.
Supervisor
District:
First (Bill Connelly)
Planners: Tristan Weems
Associate Planner
G.P.: Foothill Residential Attachments:
Zoning:
Foothill Residential – 2 acre
minimum (FR-2)
A: Resolution No. 21-__
B: Vicinity Map and Zoning
Map
APN: 058-550-010
C:
D:
Site, Floor, Elevation and
Parking Plans
Access Easement Plat
RECOMMENDED ACTION
Find the project to be categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15303 of CEQA Guidelines, and approve the Conditional Use Permit,
subject to the findings and conditions in Attachment A.
EXECUTIVE SUMMARY
The applicant, Pastor Doug McMaster of Calvary Concow is proposing to erect a 40’ by 60’ (2,400
squrare feet) metal building on a concrete slab to serve as the Calvary Concow Church on a 5.74
acre parcel burned in the 2018 Camp Fire. The parcel is located adjacent and southeast of State
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 2 of 20
Highway 70 in the Community of Concow, northeast of the Yankee Hill Road and State Highway
70 intersection, approximately 16 miles northeast of the City of Oroville. Encroachment permit
(PW19-0128) has been finaled. Septic and well permits (EHS20-0362) and (EHWS17-0020) have
been issued. A Conditional Use Permit is required in the Foothill Residential Zone (FR) pursuant
to table 24-19-1 PERMITTED LAND USES IN THE RESIDENTIAL ZONES for the use of
“Religious Facilities” which is defined as, “A site or building used by a religious group for regular
organized worship. Religious Facility uses include churches, synagogues, mosques, temples, and
other similar places of worship.” An EDAC (Economic Development Advisory Committee)
meeting was held on July 26, 2017 concerning this proposal.
PROJECT DESCRIPTION
The applicant requests approval of a Conditional Use Permit for a 2,400 square foot religious
facility to house the Calvary Concow Church. The Church is proposed to be served by septic and
well, which will be permitted through the Butte County Environmental Health Division. The soil
is stable to the north with soil suitable for gravity septic system to the south. Access is provided
off Highway 70 via Yankee Hill Road as a 40 foot access easement (see Attachment “D”) across
Parcel 1 (Book 87 Pages 35 & 36) to the subject parcel. The stated purpose of the Church is “the
establishing of a safe, available and centralized meeting place for the members of the Calvary
Concow Church and members of the surrounding community.” The 40’ x 60’ building will initially
be used as a sanctuary with restrooms, and potentially an office and classrooms. A warming
kitchen is also planned, that will serve as a break room for the congregation; the warming kitchen
is only to be used by church members for their church events/potlucks. The level of use is planned
(based on septic limitations) at 80 people two times a week at two hours per meeting.
SITE CHARACTERISTICS AND SURROUNDING LAND USES
The Church will be located on a 5.74± acre parcel with Assessor Parcel Number 058-550-010 within
the Foothill Residential 2-acre minimum (FR-2) zoning designation. Permit obtained to date include:
Environmental Health Division Septic Permit, EHS20-0362, finaled on May 4, 2021; Public
Works Encroachment Permit, PW19-0128, finaled on February 20, 2020; Environmental Health
Division New Small Well Permit: EHWS17-0020, issued on July 10, 2020 (expires July 10, 2021).
Access will be provided by private easement off Yankee Hill Road. The property does not have an
address and is located adjacent to the south of State Highway 70 in the Community of Concow,
northeast of the Yankee Hill Road and State Highway 70 intersection, approximately 16 miles
northeast of the City of Oroville. The land is vacant and considered to be wildland. The property
was burned in the 2018 Camp Fire, there is volunteer growth of manzanita, poison oak and vines.
The property has a view of the surrounding area and some valley view from its highest elevation.
There does not appear to be any signs of historical activity such as old diggings or occupancy. The
elevation is from 2040 feet above sea level at the lowest points, and 2080 at the proposed building
site.
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 3 of 20
Surrounding land uses are as follows:
Direction General Plan Designation Zoning Existing Land Use(s)
North Foothill Residential FR-2 Single Family Residential
South Foothill Residential FR-2 Single Family Residential
East Retail and Office CC The Pines Hardware Store
West Retail and Office CC The Canyon Lakes Grocery
Store
ANALYSIS
• The proposed use is permissible in the Foothill Residential 2 acre minimum zone (FR-2)
with an approved Conditional Use Permit, per Table 24-19-1.
• Representatives from Butte County Public Works, Land Development Division, Butte
County Public Health, Environmental Health Division and Butte County Fire
Department/Cal Fire, have reviewed the provided application and remarked their approvals
with conditions set forth below.
• The required Planning Commission hearing for this item has been duly noticed to ten
surrounding property owners all within 300’ of the project parcel. The hearing and project
application has also been published in the Chico Enterprise Record/Oroville Mercury
News.
• The very limited use of the warming kitchen does not require a plan check or permit from
Environmental Health and will not be a kitchen under septic permit # EHS20-0362 and has
been reviewed by Environmental Health and is approved to move forward with its inclusion
in the project description.
• Mobile Noise Sources: Per Appendix C of the General Plan this parcel is not located within
a Noise Contour Area for mobile noise sources, which typically emanates from railroads
and major roads/highways; the nearest rail line is over two miles away to the south over
rugged terrain.
• The provided parking plan adequately meets the required 13 spaces by showing 22
available parking spaces, aisle widths are adequate.
Butte County Code - Section 24-222 (Findings)
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.
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 4 of 20
Under Table 24-19-1, Permitted Land Uses in the Residential Zones, under the Foothill
Residential zone the land use category, “Religious Facilities” defined by 24-304 as “A site or
building used by a religious group for regular organized worship. Religious Facility uses
include churches, synagogues, mosques, temples, and other similar places of worship” is
permitted with an approved Conditional 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.
The location, size, and design of this structure will not result in any significant impact on the viewshed, character, or nature of the neighboring residential and commercial properties. The
proposed structure meets applicable setbacks in the FR-2 zone. Community religious facilities
typically service the surrounding neighborhood, operating intermittently with services performed during daytime or evening hours. The majority of activities are performed indoors buffering adjacent properties from excessive noise levels.
C. The proposed use will not be detrimental to the public health, safety, and welfare of the County.
The Butte County departments of Public Works, Public Health and Fire have reviewed the
proposal and approved their reviews with conditions attached. These conditions have been
incorporated into this Staff Report. A Butte County building permit is required for the proposed structure. Approval of the building permit and subsequent inspections will ensure that the structure and supporting infrastructure would comply with State and local regulations to
ensure the highest standards in health, safety, and welfare for the people of the County.
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, Division of Environmental
Health, and Cal-Fire have reviewed the proposed addition and found that the project meets
applicable development requirements. Well and Septic permits have been issued and the
encroachment permit has been finaled.
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, and there are no sensitive receptors
within its vicinity.
GENERAL PLAN AND ZONING CONSISTENCY
This project site is designated “Foothill Residential” (FR) in the Butte County General Plan. A.
The purpose of the FR zone is to allow for the appropriate development of large-lot single-family
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 5 of 20
home, small farmsteads, and related uses in the foothill areas of the county. Standards for the FR
zone are intended to ensure that the development of homes respond sensitively to the foothill
setting. Permitted residential uses in the FR zones include a single-family home, small residential
care home, a second unit, and an accessory dwelling unit. The FR zone also conditionally permits
non-residential uses compatible with a low-density rural setting, including public and quasi-public
uses, mining, animal services, hunting and fishing clubs, nurseries, and commercial stables.
Animal grazing, crop cultivation, private stables, on-site agricultural product sales, and other
similar agricultural activities are permitted uses in the FR zone. The minimum permitted parcel
size in the FR zone ranges from 1 acre to 40 acres. The FR zone implements the Foothill
Residential land use designation in the General Plan. The proposed use (Church) is classified under
Religious Facilities and is permitted with an Approved Conditional Use Permit per Table 24-19-
1.
BUTTE COUNTY DEPARTMENT AND AGENCY REVIEWS
The project was reviewed by the Butte County Public Works Department, Butte County
Environmental Health Division, and the Butte County Fire Department/CalFire. The following
departments/agencies commented on the application. All comments and conditions were
incorporated into the project.
Butte County Public Works Department:
• Prior to building permit approval, submit a grading plan to PW department approval.
Based on the grading plan, it will be determined whether or not a grading permit would
be required.
• There will be a requirement to provide a drainage analysis for the project that will retain
the increased runoff from impervious areas. Said analysis to be submitted as a part of the
site improvement plan submittal for the project.
• The applicant will be required to submit to PW a site improvement plan prepared by a
registered civil engineer.
• Application under the State Regional Water Quality Control Board National Pollution
Discharge Elimination System (NPDES) is required for soil disturbances of one (1) or
more acre.
Butte County Fire Department/CalFire:
• Construction, installation or development of buildings and/or roads, driveways, gates and
bridges on parcels/lots shall comply with the current adopted California Building Code,
California Fire Code, the latest California Fire Safe Regulations—Public Resources Code
4290, 4291 and current Butte County Improvement Standards, whichever is stricter.
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 6 of 20
• All flammable vegetation and fuels caused by site development and construction, road
and driveway construction and/or fuel modification must be removed, chipped, buried or
burned prior to completion of building permit.
• Building(s) will be subject to Fire Department Annual Inspection
Butte County Environmental Health:
• Water well must meet small water system requirements.
• Wastewater permit must receive final approval.
• 80 Seats maximum with no kitchen facilities.
PUBLIC COMMENTS
There have been no public comments received as of the writing of the staff report.
ENVIRONMENTAL REVIEW/CEQA ISSUES
This project qualifies to be categorically exempt from California Environmental Quality Act
(CEQA) provisions under section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the CEQA Guidelines,
15303. New Construction or Conversion of Small Structures
Class 3 consists of construction and location of limited numbers of new, small facilities or
structures; installation of small new equipment and facilities in small structures; and the
conversion of existing small structures from one use to another where only minor modification are made in the exterior of the structures. The number of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to:… (c) A store, motel, office, restaurant or similar structure
not involving the use of significant amounts of hazardous substances, and not exceeding
2,500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial building not exceeding 10,000 square feet in floor area on sites zoned for use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not
environmentally sensitive.
This project qualifies under section 15303 because the project (2,400 square feet) falls under
Example C. of the Class 3 categorical exemption: “A store, motel, office, restaurant or similar
commercial or institutional structure not involving the use of significant amounts of hazardous
substances, and not exceeding 2500 square feet of floor area”; and is located in a zone that allows
for religious facilities with approval of a conditional use permit.
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 7 of 20
ATTACHMENT A: RESOLUTION
RESOLUTION No. PC21-______
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING
CONDITIONAL USE PERMIT UP 21-0001 (CALVARY CONCOW CHURCH -
RELIGIOUS FACILITY)
WHEREAS, the Planning Commission has considered Conditional Use Permit UP21-0001
by Pastor Doug McMaster for the Calvary Concow Church Inc. group to construct a 2,400 square
foot religious facility within the community of Concow.; 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 May 20, 2021; 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 categorically exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15303. Section 15303 exempts new construction
and conversion of small structures.
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 UP21-0001 subject to the following findings and the
conditions of approval found in Exhibit “A”:
A. The project is consistent with the Butte County General Plan, including the Foothill Residential land use designation where the project is located. B. 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 24-19-1, Permitted Land Uses in the Residential Zones, under the Foothill
Residential zone the land use category, “Religious Facilities” defined by 24-304 as “A site
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 8 of 20
or building used by a religious group for regular organized worship. Religious Facility
uses include churches, synagogues, mosques, temples, and other similar places of
worship” is permitted with an approved Conditional Use Permit.
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.
The location, size, and design of this structure will not result in any significant impact on the viewshed, character, or nature of the neighboring residential and commercial properties. The proposed structure meets applicable setbacks in the FR-2 zone. Community
religious facilities typically service the surrounding neighborhood, operating
intermittently with services performed during daytime or evening hours. The majority of activities are performed indoors buffering adjacent properties from excessive noise levels.
3. The proposed use will not be detrimental to the public health, safety, and welfare of the
County.
The Butte County departments of Public Works, Public Health and Fire have reviewed the
proposal and approved their reviews with conditions attached. These conditions have been
incorporated into this Staff Report. A Butte County building permit is required for the proposed structure. Approval of the building permit and subsequent inspections will ensure that the structure and supporting infrastructure would comply with State and local regulations to ensure the highest standards in health, safety, and welfare for the people of
the County.
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, Division of
Environmental Health, and Cal-Fire have reviewed the proposed addition and found that
the project meets applicable development requirements. Well and Septic permits have been
issued and the encroachment permit has been finaled.
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, and there are no sensitive receptors
within its vicinity.
DULY PASSED AND ADOPTED this 20th Day of May 2021, by the following vote:
AYES:
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 9 of 20
NOES:
ABSENT:
ABSTAIN:
______________________________
Henry Schleiger, Chair
Planning Commission
County of Butte, State of California
ATTEST:
_____________________________
Jennifier Wakefield, Secretary
Planning Commission
County of Butte, State of California
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 10 of 20
EXHIBIT A:
CONDITIONAL USE PERMIT
BUTTE COUNTY PLANNING COMMISSION May 20, 2021
DATE:
UP21-0001
PERMIT NO.
058-550-010
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: Doug McMaster and the Calvary Concow Church, Inc. are hereby
granted a conditional use permit for a 2,400 square foot Church and Religious Facility located
adjacent to Hwy 70 in the community of Concow.
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.
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 11 of 20
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.
II. CONDITIONS OF APPROVAL:
Butte County Planning Division
1. Outdoor lighting associated with the Church Building 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 Figure 24-67-1 (Inadequate and Adequate
Shielding) and Figure 24-67-2 (Light Source Not Directly Visible Outside Property
Perimeter).
2. A sign no greater than 8 square feet is permitted without a sign permit. Sign must
comply with the general standards for signs located in Butte Count Code §24-104.
3. Butte County Code (BCC) Section 24-93: Parking standards apply to any new
structures. Standard parking spaces shall be 9’ x 19’. On-site parking standards
require 1 space/6 seats plus 1 space/300 square feet of classroom and office space.
All parking areas shall be surfaced with a dust-minimizing treatment or paved with
asphalt, concrete or other all-weather surface. Drive aisles widths must comply with
Table 24-95-1 of BCC, which requires a 25’ width for 90 degree angled parking
spaces. Parking spaces adjacent to planters, buildings or walls shall have a six-
inched raised curb, and located 2-feet from buildings or walls.
4. Applicant must also comply with all other applicable State and local statutes,
ordinances, and regulations.
Butte County Public Works Department:
5. Prior to building permit approval, submit a grading plan to PW department
approval. Based on the grading plan, it will be determined whether or not a
grading permit would be required.
6. There will be a requirement to provide a drainage analysis for the project that will
retain the increased runoff from impervious areas. Said analysis to be submitted
as a part of the site improvement plan submittal for the project.
7. The applicant will be required to submit to PW a site improvement plan prepared
by a registered civil engineer.
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 12 of 20
8. Application under the State Regional Water Quality Control Board National
Pollution Discharge Elimination System (NPDES) is required for soil
disturbances of one (1) or more acre.
9. Deed to Butte County in fee simple 30 feet of right-of-way from the physical
centerline of Yankee Hill Road along the entire property frontage.
Butte County Fire Department/CalFire:
10. Construction, installation or development of buildings and/or roads, driveways,
gates and bridges on parcels/lots shall comply with the current adopted California
Building Code, California Fire Code, the latest California Fire Safe Regulations—
Public Resources Code 4290, 4291 and current Butte County Improvement
Standards, whichever is stricter.
11. All flammable vegetation and fuels caused by site development and construction,
road and driveway construction and/or fuel modification must be removed,
chipped, buried or burned prior to completion of building permit.
12. Building(s) will be subject to Fire Department Annual Inspection
Butte County Environmental Health:
13. Water well must meet small water system requirements.
14. Wastewater permit must receive final approval.
15. 80 Seats maximum with no kitchen facilities. Limited warming kitchen allowed.
III. 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.
IV. APPLICANT ACCEPTANCE AND ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL:
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 Conditional Use Permit, and that I agree to abide fully by said conditions.
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 13 of 20
Dated: ___________ ____
Applicant
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 14 of 20
ATTACHMENT B: VICINITY MAP AND ZONING MAP
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 15 of 20
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 16 of 20
ATTACHMENT C: SITE, FLOOR and PARKING PLANS
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 17 of 20
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 18 of 20
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 19 of 20
ATTACHEMENT D: ACCESS EASEMENT PLAT
Butte County Department of Development Services
May 20, 2021 Agenda Report – UP21-0001/Calvary Concow, Inc. Page 20 of 20