HomeMy WebLinkAboutMUP21-0005 Approval Letter Department of Development Services Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
June 2, 2022 Ben Libby Re: Zoning Administrator Approval – MUP21-0005 (Highway Motors); APN : 042-080-052
Dear Applicant:
At the Zoning Administrator meeting held on June 1, 2022, your request for a Minor Use Permit was approved. Should you desire to appeal any of the decision by the Zoning Administrator, you must do so in writing, prior to 4:00 p.m., Friday, June 10, 2022 to the:
Department of Development Services Planning Division 7 County Center Drive
Oroville, California, 95965
The appeal fee of $737.45 must be paid at that time. If you do not appeal within the 10 calendar-day appeal period, the action of the Zoning Administrator is final.
To confirm the conditions, please sign Exhibit “B” and return to me via email or post. Should you have any questions regarding this matter, please contact me at (530) 552-3685,
or by email at tweems@buttecounty.net between 8:00 a.m. and 4:00 p.m., Monday through Friday.
Sincerely,
Tristan Weems, AICP, Associate Planner /Enclosure/
CC: Jeff Spence, Engineer; Dave Purvis, Consultant.
EXHIBIT A
BUTTE COUNTY ZONING ADMINISTRATOR
DECISION ZDN22-0017 MINOR USE PERMIT MUP21-0005 (Ben Libby) APN: 042-080-052
June 1, 2022
The proposed project is a new site development for a used car sales facility, also known as Highway Motors, to be relocated from an existing Chico location to APN 042-080-052. The
parcel is located at 2021 North Lindo Ave, Chico, CA 95973 approximately 150 feet northwest of Chico city limits. The applicant requests approval of this Minor Use Permit per
the land use found in Table 24-22-1 “Vehicle Repair” applicable in the General Commercial zone. Vehicle Repair and Maintenance is defined as, “An establishment for the repair,
alteration, restoration or finishing of any vehicle, including body repair, collision repair, painting, tire and battery sales and installation, and towing. Repair shops that are part of a vehicle sales or rental establishment on the same site are excluded from this definition.” While Vehicle Sales and Rental is a permitted land use in the General Commercial zone,
this permit would entitle the applicant to service vehicles not associated with the vehicle sales establishment.
I. Find the project to be exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15061 (b) (3) (Common Sense Exemption). The
Common Sense Exemption stipulates 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.
A. Because the project is exempt from the provisions of CEQA, the payment of fees
pursuant to Fish and Wildlife Code Section 711.4 and 14 CCR 753.5 is not required.
B. The custodian of the record is the Department of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Make the following findings in support of granting approval, pursuant to Butte County Code Section 24-222:
A. The proposed use is allowed in the applicable zone.
The project site is located in the GC (General Commercial) zone. This zone permits vehicle repair with an approved Minor Use Permit and vehicle sales and rental by
right.
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 existing General Commercial zone allows for this type of proposal with an
approved Minor Use Permit that undergoes review by relevant agencies, is noticed to neighbors and is heard at a publically noticed hearing. This process ensures that 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.
C. The proposed use will not be detrimental to the public health, safety, and welfare
of the County.
The proposed development will go through the building permit process. The design
of the project will incorporate fire safety, building code, waste disposal, and domestic
water service elements that will significantly reduce health and safety hazards. The
project has been circulated to Butte County Environmental Health, Public Works, Cal-Fire, Cal-Trans, and the City of Chico; and evaluated for Parking and Landscaping
requirements.
D. The proposed use is properly located within the County and adequately served by
existing or planned services and infrastructure.
The proposed use is located within the County and will be served by Cal-Water, on-
site septic, Pacific Gas & Electric and available wireless carriers.
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 have been
reviewed by the consulting agencies and found to be compatible with the vehicle repair proposed use and are compatible with the existing and future land uses in the
vicinity of the subject property, subject to the attached conditions.
III. Approve Minor Use Permit MUP21-0005, subject to the conditions in Exhibit “B”.
Approved By: Paula Daneluk, AICP, Zoning Administrator Date: June 1, 2022
EXHIBIT B
MINOR USE PERMIT
BUTTE COUNTY ZONING ADMINISTRATOR June 1, 2022
DATE OF APPROVAL: MUP21-0005
PERMIT NO.
042-080-052
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Benjamin Libby is hereby granted a Minor Use Permit to establish a Used Vehicle Dealership with the entitled Vehicle Repair land use category.
1. As provided by Butte County Code Section 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 Section 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 Permittee, 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 Section 24-251.
5. Minor changes as provided by Butte County Code Section 24-246(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.
Conditions of Approval:
Butte County Department of Development Services, Planning Division:
1. Valley Oaks are to be retained and during construction fencing shall be erected
covering the drip line of the trees at a minimum.
2. Pursuant to City of Chico requirements, maintain exterior lighting at low heights and intensity along the creek corridor to avoid unnecessary adverse impact to
residential uses on the south side of the channel, as well as any wildlife that use the channel itself. All outdoor lighting 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 Code Chapter 24 Figure 24-67-1 (Inadequate and Adequate Shielding) and Figure 24-67-2 (Light Source Not Directly Visible Outside Property Perimeter).
Butte County Department of Public Works, Land Development Division:
General Conditions:
3. All public improvements shall be designed and constructed in accordance
with Chapter 18R.08, Design Criteria of the Chico Municipal Code, Chapter
18R.12 Improvement Standards of the Chico Municipal Code, the Butte
County Improvement Standards, the California Department of Transportation
(Caltrans) 2018 Standard Plans and Specifications, and the details shown on the approved improvement plans, except as modified by the conditions of
approval. If there is a conflict between applicable standards, the more
stringent standard shall apply under the authority having jurisdiction.
4. Prior to improvement plan approval, the applicant shall obtain all
necessary permits from Butte County Environmental Health Department
to abandon wells and septic systems, unless, for irrigation purposes, the
well meets septic system setbacks (50’ to septic tank and 100’ to leach
lines), Cal-Water requirements and the well head is be maintained.
5. The applicant shall comply with the recommendations and requirements of the
Fire Department, City of Chico. Contact Adam Young (530)879-6547,
adam.young@chicoca.gov.
Street Improvements:
6. Prior to establishing use and construction, deed to Butte County, City of
Chico, or Caltrans in fee simple the necessary (ROW) from the physical centerline of N. Lindo Ave along the entire property frontage and any
additional right of way to facilitate needed future intersection improvements.
7. Prior to establishing use and construction, reconstruct or provide a
performance, labor and material bond for reconstruction of street frontage improvements on N. Lindo Ave. Reconstruct full street (including the existing
left turn lane at the N. Lindo Ave a minimum 12 feet wide lane on N. Lindo
Ave southbound) along the entire parcel frontage from the existing sidewalk
at the intersection of N. Lindo Ave to the southerly proposed driveway as shown in the preliminary site plan in conformance with modified County
improvement standard RS-2B, 4” Type A Hot Mix Asphalt, 8″ Class 2
aggregate base, prime coat, fog seal and 95 % relative compaction.
Construction of curb, gutter, 8’ parking lane, 7’ parkway strip and 5’ sidewalk is required on N Lindo Ave northbound along parcel frontage. Submit
for approval a roadway improvement plans to City of Chico and Butte County
Department of Public Works prior to construction. Submit a Notice of
Materials to be used, materials test results, and mix design in compliance with
2018 Caltrans Standard Specifications, Section 39, to the department of
Public Works for approval at least 14 days prior to the start of paving operations. Testing of hot mix asphalt materials shall be performed by a
qualified laboratory and test results shall be signed and stamped by a licensed
civil engineer. Conduct material testing during construction and submit the
results to Department of Public Works to ensure compliance with Standard Specifications, approved materials, and approved mix design.
8. N. Lindo offsite improvements shall be coordinated and connect with future
SR 32 improvements proposed by Caltrans (see below and Exhibit E).
9. Locate egress/ingress point(s) as required by Caltrans (see Exhibit E)
10. Prior to approval of off and on-site improvement plans, obtain encroachment permit from Caltrans (see Exhibit E).
11. Corner lots are subject to sight distance criteria as established by the
Public Works Director. Appropriate easements shall be dedicated as
needed prior to establishing use and approval of improvement plans.
12. Prior to establishing use, the applicant shall install City of Chico standard streetlights in accordance to City Std. SL-1.
13. Prior to establishing use, install City of Chico standard street signs,
regulatory signs, pavement striping, and pavement markings.
14. Contact City of Chico Urban Forest Manager to confirm what street trees
can be chosen for the parkway strip. Contact Richie Bamlet (530)896-
7801, richard.bamlet@chicoca.gov.
Grading and Drainage Design:
15. All grading shall be in conformance with Chapter 16R.22, Grading
Standards, of the Chico Municipal Code and Chapter 13 of Butte County Code.
16. Prior to establishing use and construction, the applicant shall submit a
Geotechnical and/or Soils Report, prepared by a registered engineer that includes, but is not limited to: a) an investigation of the nature, distribution
and strength of existing soils; b) a description of site geology; c) conclusion
and recommendations covering the adequacy of the site for the proposed
development, storm drainage disposal, grading procedures and corrective measures.
17. Prior to establishing use and construction, applicant shall submit a grading
plan that includes, but is not limited to: a) contours and details of existing
terrain and drainage; b) existing structures or other topographic features that are to remain undisturbed; c) existing ground elevations at parcel corners;
d) finished elevations at parcel corners and finished pad grades; f) pertinent recommendations for the above required Geotechnical or Soils Report; h)
pertinent construction details to assure compliance with City of Chico Grading
Standards.
18. Upon completion of grading and prior to the final inspection by the City of
Chico, submit a final grading report to the City of Chico that certifies the
following: a) the final grading complies with the approved grading plan or any approved revisions; b) the grading complies with the Geotechnical or Soils
report – any changes made during grading that affected these recommendations shall be assessed; c) the soils are adequately compacted
for their intended use, in conformance with City of Chico Grading Standards. The results of all field density tests and all other substantiating data shall be
included in the Final Grading Report.
19. Prior to establishing use, an engineered plan for a permanent solution for
drainage shall be submitted to and approved by the Butte County
Department of Public Works and City of Chico Department of Development
Engineering. The drainage plans shall specify as to how stormwater runoff will be attenuated on site by detention facilities and/or conveyed to the
nearest natural or publicly maintained drainage channel or facility and shall
provide developed-condition peak flow discharge not greater than the pre-
development condition (no net increase) for all storm events (including 100 year storm event), and no increase in stormwater volume over the design
storm duration to said channel or facility. If used, the infiltration rate (minutes
per inch) shall not be faster than the rate obtained using the Environmental
Health Department test procedure using a correction factor of 3 (three). Submit infiltration test results to Department of Public Works for approval.
Prior to final improvement inspection, the design dimensions and volume of
detention facilities shall be confirmed using topographic land survey by the
engineer of record.
20. Construct on-site improvements per Butte County Improvement Standards,
applicable City of Chico Improvement Standards and other applicable codes and standards prior to establishing use. Site improvement plans shall be
approved by the Butte County Department of Public Works, City of Chico and
Caltrans, prior to establishing use and the start of construction.
21. The drainage plan shall mitigate pollutant runoff control by intercepting and
treating the first ½” of runoff.
22. Prior to construction and establishing use, pay applicable storm drainage
connection fees to the City of Chico and drainage impact fees per Article XI,
Chapter 3 of Butte County Code.
Stormwater Quality Management:
23. Construction Phase: Prior to approval of improvement plans, submit an
erosion and sediment control plan (ESCP) to Public Works department for approval. ESCP shall contain site-specific construction site Best
Management Practices (BMPs). BMPs included in the ESCP must be in
accordance with Section 50-19 of County Code, and/or consistent with the
California Stormwater Quality Association BMPs. Revisions to an approved
ESCP must be resubmitted for Department of Public Works approval prior to
commencing with site work. A Storm Water Pollution Prevention Plan (SWPPP) developed pursuant to the construction stormwater general permit
(CGP) may be submitted in lieu of the ESCP. Add a note on a map sheet that
states: “Development activities resulting in soil disturbance shall submit an
erosion and sediment control plan (ESCP) to the Department of Public Works for approval. ESCP shall contain appropriate site-specific construction
site BMPs.”
24. Construction Phase: Coverage under the stormwater Construction General
Permit (CGP) will be required by the State Water Resources Control Board
if development activities result in ground disturbance, including clearing, excavation, filling, and grading of one or more acres or disturb less than one
acre but are part of a larger common plan or development. Coverage under
this General Permit must be obtained from the State Water Resources
Control Board prior to starting construction. If coverage under the CGP is required, engineering plans shall show the Waste Discharge Identification
(WDID) number on the title sheet of the plans and a copy of Storm Water
Pollution Prevention Plan (SWPPP) shall be provided to the Land
Development Division of the Public Works Department. Submit with improvement or grading plans the estimated areas to be disturbed to the
Department of Public Works for consistency with the SWPPP.
25. Post Construction: Implement post-construction Best Management Practices
(BMPs) consistent with State Water Resources Control Board Order 2013-
0001-DWQ and City of Chico Post Construction Standard Plans to control
the volume, rate, and potential pollutant load of stormwater runoff, including, but not limited to, requirements to minimize the generation, transport and
discharge of pollutants. Develop and submit a Post Construction Stormwater
Management Plan (PCSMP) that identifies BMP stormwater treatment
system(s) designed to reduce or eliminate stormwater pollutant discharges through the construction, operation and maintenance of source control
measures, low impact development design, site design measures,
stormwater treatment system(s) and/or hydromodification measures. Design
and sizing requirements shall comply with the Post-Construction Stormwater
Management Program (section E.12) requirements of State Water
Resources Control Board Order 2013-0001-DWQ. Hydromodification
measures are required for Regulated Projects that create and/or replace one
acre or more of impervious surface. Regulated projects are defined in State Water Resources Control Board Order 2013-0001-DWQ. The Department of
Public Works approval of the PCSMP is precedent to improvement plan
approval.
26. Post Construction: Prior to improvement plan approval, Regulated Projects
shall submit a Stormwater Facilities Operations and Maintenance (O&M)
Plan that identifies the operations, maintenance, and inspection
requirements of all stormwater Best Management Practices (BMPs)
treatment system(s) and hydromodification measures identified in the
approved PCSMP. All public and private stormwater treatment system(s) and hydromodification measures shall be protected, inspected, and
maintained to ensure continuous and fully effective performance as
designed. A maintenance and inspection schedule for both dry and wet
season BMPs shall be in writing, and a record shall be kept that includes the dates of inspection or maintenance, whether BMPs were inspected or
maintained, a description of any maintenance activity, and the name of the
inspector or maintenance foreman.
27. Post Construction: Stormwater Trash Treatment Control Devices BMPs:
Prior to final improvement inspection, Install stormwater trash treatment
control devices (Devices) if stormwater runoff is discharged to a natural
drainage channel. Devices installed shall meet Full Capture System requirements and shall be designed in accordance with the following
criteria:
a. Appropriately sized to treat not less than the peak flowrate resulting from a 1-year, 1-hour storm event (design storm) or at least the
same peak flows from the corresponding storm drain;
b. Do not bypass trash below the design storm under maximum
operational loading conditions; and
c. Trap all particles that are 5 mm or greater up to the design flow or
at least the same peak flows from the corresponding storm drain; and do not have a diversion structure present upstream such that
a portion of the peak flow is not treated to trap all particles 5 mm
or greater.
Location(s) and specifications of Devices selected shall be shown on improvement plans. Devices shall be certified by the State Water
Resources Control Board prior to installation. Prior to installation of any certified Devices, the local mosquito vector control district should be
contacted to ensure the installation conforms to the District’s visual
inspection, treatment, and vector breeding minimizing guidelines.
Devices shall be protected, inspected, and maintained owners or operators of facilities to ensure continuous and fully effective performance as designed.
Butte County Department of Public Health, Environmental Health Division:
28. Approved for 20 employees and 15 customers (at a time) for the septic system.
29. Permitted on-site wastewater system required. Applicant must apply for a
wastewater system permit and final the system meeting the following: CSA 114 loading restriction for this site is no more than 662 gallons per day. MUWA of 1,834 square feet has been determined for pressure dose system and 550 gallons per day loading.
30. Calwater connection required.
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