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HomeMy WebLinkAboutRFI22-0440 Zoning Verification 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 July 19, 2022 RE: Zoning Verification APN: 016-220-041 Dear Bryan Adamcik: Our office received a request for zoning verification of the above parcel. The current zoning designation for the parcel is General Industrial (GI) with a General Plan designation of Industrial (I). There are no pending rezone applications or updates to the Zoning Ordinance in the foreseeable future. The properties to the north and east are zoned GI (within the County) and are pre-zoned ML (Light Manufacturing) with the City of Chico. The properties to the west and south are within the City of Chico city limits and are subsequently zoned AP (Airport Public Facilities). For zoning map information please visit: https://chico.ca.us/municipal-code-zoning-map-land-use-map-interactive-map and: https://www.buttecounty.net/dds/Planning/Documents/Parcel-Lookup- Tool The property is located within the B1 Chico Airport Compatibility Zone. You may visit: https://www.buttecounty.net/Portals/10/Docs/ALUC/BCALUCP_11-15-17/Butte_County_Airport_Land_Use_Compatibility_Plan_2017-11-15.pdf for more information. Public/Mini Storage is permitted by right in the GI zone. (See attached Zoning Code). The property is not located in a PUD, it was created by parcel map (see attached) and standard GI zoning development standards apply. I am not aware of any legal non-conforming issues. There is an Approved Use Permit (UP 84-15) for a security residence for the mini-storage (see attached). If this use is discontinued, it would be allowed in the future, by right, accessory to the allowed Public/Mini Storage use. For access to all publically available documents including the building file jacket with the title of “016-220-041” visit, https://edocs.buttecounty.net/WebLink/CustomSearch.aspx?SearchName=ParcelNumberSearch& dbid=0&repo=DR00 Enter the APN when prompted; the Approved Use Permit is on pages 12-17 and refer to this document for available site plans. If you have any questions concerning this matter, please contact me at 530.552.3685 or email at tweems@buttecounty.net. Sincerely, Tristan Weems, AICP Associate Planner Attachments: Assessor Map (Parcel 41) Parcel Map (Creation Document – Lot 3) Industrial Zone Code (refer to GI) Chapter 24 - ZONING Article II. - Zoning Districts, Land Uses, and Development Standards Division 5. Industrial Zones Butte County, California, Code of Ordinances Created: 2021-08-02 11:23:51 [EST] (Supp. No. 52) Page 1 of 11 Division 5. Industrial Zones 24-25 Purpose of the industrial zones. A. Light Industrial (LI). The purpose of the LI zone is to allow for light industrial and service commercial uses with little potential to create noise, odor, vibration, or other similar impacts to adjacent uses and surrounding areas. Permitted uses in the LI zone include construction, maintenance and repair services; equipment sales and rentals; vehicle repair, service and maintenance; research and development; light manufacturing; and warehousing, wholesaling and distribution and emergency shelters. Limited amounts of retail, personal services, restaurants, and pubic/quasi-public uses are permitted to serve area workers, and ancillary retail areas are permitted for the sale of products manufactured on-site. Caretaker quarters that are accessory to a primary use and live/work units are the only form of residential uses allowed. The maximum permitted floor area ratio in the LI zone is four-tenths (0.4). The LI zone implements the Industrial land use designation in the General Plan. B. General Industrial (GI). The purpose of the GI zone is to allow for a variety of industrial and service commercial uses in Butte County. Standards for the GI zone are intended to preserve locations for existing and future employment-generating businesses, including both traditional businesses and innovative green technology enterprises. In addition to the uses permitted in the LI zone, the GI zone also permits agricultural and timber processing and heavy manufacturing with the approval of a Conditional Use Permit. The maximum permitted floor area ratio in the GI zone is one-half (0.5). The GI zone implements the Industrial land use designation in the General Plan. C. Heavy Industrial (HI). The purpose of the HI zone is to allow for a full range of industrial uses, including operations that necessitate the storage of large volumes of hazardous or unsightly materials, or which produce dust, smoke, fumes, odors, or noise at levels that would affect surrounding uses. Uses permitted in the HI are similar to the GI zone, except that heavy industrial uses are permitted either as-of-right or with a Conditional Use Permit, and retail, personal service and restaurant uses are not allowed. The maximum permitted floor area ratio in the HI zone is one-half (0.5). The HI zone implements the Industrial land use designation in the General Plan. (Ord. No. 4062, § 1, 9-10-13; Ord. No. 4132 , § 1(Att. A), 9-12-17) 24-26 Land use regulations for industrial zones. A. Permitted Uses. Table 24-26-1 (Permitted Land Uses in the Industrial Zones) identifies land uses permitted in the industrial zones. TABLE 24-26-1 PERMITTED LAND USES IN THE INDUSTRIAL ZONES [1] [2] Key P Permitted use, subject to Zoning Clearance A Administrative Permit required C Conditional Use Permit required Zone Applicable Regulations LI GI HI Created: 2021-08-02 11:23:51 [EST] (Supp. No. 52) Page 2 of 11 M Minor Use Permit required — Use not allowed Agricultural Uses Agricultural Processing - C P Animal Grazing P [4] P [4] P [4] Section 24-158 Animal Processing - - C Animal Processing, Custom - - - Crop Cultivation P [4] P [4] P [4] Feed Store - - - Intensive Animal Operations - - - Stables, Commercial - - - Stables, Private - - - Stables, Semiprivate - - - Natural Resource Uses Forestry and Logging - - - Mining and Surface Mining Operations - - C Oil and Gas Extraction, including reinjection wells for natural gas - - - Oil and Gas Extraction, Storage or disposal of Well Stimulation Byproducts - - - Section 24-167.1 Oil and Gas Extraction by means of Hydraulic Fracturing - - - Butte County Code 33B Timber Processing - C P Residential Uses Accessory Dwelling Units - - - Agricultural Worker Housing Center - - - Caretaker Quarters A A A Duplex Home - - - Created: 2021-08-02 11:23:51 [EST] (Supp. No. 52) Page 3 of 11 Home Occupations - Major - - - Home Occupations - Minor - - - Live/Work Unit M M - Section 24-164 Mobile Home Park - - - Multiple-Family Dwelling - - - Residential Care Homes, Large - - - Residential Care Homes, Small - - - Single-Family Home - - - Short-Term Rental - - - Community Uses Cemeteries, Private - - - Cemeteries, Public - - - Child Care Center - - - Child Day Care, Large - - - Child Day Care, Small - - - Clubs, Lodges and Private Meeting Halls C - - Community Centers - - - Correctional Institutions and Facilities - - - Cultural Institutions - - - Emergency Shelters P - - Section 24-161 Golf Courses and Country Clubs - - - Hospital - - - Medical Office and Clinic - - - Office, Governmental - - - Outdoor Education - - - Parks and Recreational Facilities - - - Created: 2021-08-02 11:23:51 [EST] (Supp. No. 52) Page 4 of 11 Public Safety Facilities C C C Religious Facilities M - - Schools, Public and Private M M - Water Ski Lakes - - - Commercial Uses Adult Businesses — C C County Code Chapter 15, Article 4 Agricultural Product Sales, Off-Site - - - Agricultural Product Sales, On-Site - - - Agricultural Support Services, General - - - Agricultural Support Services, Light - - - Animal Processing, Limited - - - Animal Services P P - Bars, Nightclubs and Lounges - - - Bed and Breakfast - - - Commercial Recreation, Indoor M M - Commercial Recreation, Outdoor - - - Construction, Maintenance and Repair Services P P P Drive-Through Facility A A A Section 24-160 Equipment Sales and Rentals P P P Firewood Storage, Processing and Off-Site Sales, Small - P P Firewood Storage, Processing and Off-Site Sales, Medium - M P Firewood Storage, Processing and Off-Site/On-Site Sales, Large - M P Gas and Service Stations - - - Heavy Equipment Storage P P P Section 24-173 Created: 2021-08-02 11:23:51 [EST] (Supp. No. 52) Page 5 of 11 Hotel and Motel - - - Hunting and Fishing Clubs - - - Offices, Professional - - - Nursery, Retail - - - Nursery, Wholesale Personal Services A A - Personal Services, Restricted - - - Public/Mini Storage P P - Section 24-169 Recreational Vehicle Parks - - - Restaurant A A - Retail, General A A - Retail, Large Projects - - - Retail, Restricted - - - Vehicle Repair P P P Vehicle Sales and Rental M M M Vehicle Service and Maintenance P P P Wine, Olive Oil, Fruit and Nut, Micro-Brewery and Micro-Distillery Facilities - - - Industrial Uses Composting Facilities - C P Manufacturing, General C P P Manufacturing, Heavy - C C Manufacturing, Light P P P Research and Development P P P Warehousing, Wholesaling and Distribution P P P Transportation, Communication, and Utility Uses Created: 2021-08-02 11:23:51 [EST] (Supp. No. 52) Page 6 of 11 Aerial Applicator and Support Services - - - Airport-Related Uses - - - Farm Airstrips - - - Freight and Truck Terminals and Yards C P P Recycling Collection Facility, Large A A A Section 24-170 Recycling Collection Facility, Small A A A Section 24-170 Recycling Processing Facility, Heavy C M A Section 24-170 Recycling Processing Facility, Light M M A Section 24-170 Reverse Vending Machine A A A Section 24-170 Runways and Heliports - C C Telecommunications Facilities See Article 26 Utilities, Major C C C Section 24-157 Utilities, Intermediate M M M Section 24-157 Utilities, Accessory [3] A A A Section 24-157 Utilities, Minor P P P Section 24-157 Other Uses Accessory Uses and Structures See Section 24-156 Notes: [1] See Article 42 (Glossary) for definitions of listed land uses. [2] Standards in the Zoning Ordinance that apply to specific uses are identified under the column "Applicable Regulations," defined under Section 24-8G.5, and are intended to direct the reader to a section that is related to the use. [3] Agricultural Wind Energy System not allowed in any Industrial Zone. [4] Permitted only as an interim use on parcels of one (1) acre or more in size prior to subdivision and development with industrial uses. (Ord. No. 4062, § 1, 9-10-13; Ord. No. 4091, § 1, 1-27-15; Ord. No. 4094, § 6, 4-21-15; Ord. No. 4105, § 1, 1-12-16 ; Ord. No. 4132 , § 1(Att. A), 9-12-17; Ord. No. 4134 , § 1(Att. A), 9-26-17; Ord. No. 4159 , § 1(Att. A), 3-26-19; Ord. No. 4161 , § 1(Att. A), 5-7-19; Ord. No. 4197 , § 7, 1-12-21) Created: 2021-08-02 11:23:51 [EST] (Supp. No. 52) Page 7 of 11 24-27 Development standards for industrial zones. A. Parcel Size and Density. Table 24-27-1 (Parcel Size and Intensity Standards for Industrial Zones) identifies the parcel size and intensity standards that apply in industrial zones. TABLE 24-27-1 PARCEL SIZE AND INTENSITY STANDARDS FOR INDUSTRIAL ZONES Parcel Area (min.)[1] Parcel Width (min.) FAR (max.) LI 10,000 sq. ft. 65 ft. 0.4 HI 10,000 sq. ft. 65 ft. 0.5 GI 10,000 sq. ft. 65 ft. 0.5 Notes: [1] Applies only to the creation of new parcels. B. Structure Setbacks and Height. Table 24-27-2 (Setback and Height Standards for Industrial Zones) identifies structure setback and height standards that apply in industrial zones. TABLE 24-27-2 SETBACK AND HEIGHT STANDARDS FOR INDUSTRIAL ZONES Zone LI GI HI Additional Standards Setbacks [1] Front None, except 50 ft. when adjacent to a residential zone Article III, Division 2 (Setback Requirements and Exceptions) Article III, Division 6 (Riparian Areas) Interior Side None, except 50 ft. when adjacent to a residential zone Street Side None, except 50 ft. when adjacent to a residential zone Rear None, except 50 ft. when adjacent to a residential zone Structure Height (max.) [2] 50 ft. 50 ft. 50 ft. Article III, Division 1 (Height Measurements and Exceptions) Created: 2021-08-02 11:23:51 [EST] (Supp. No. 52) Page 8 of 11 Notes: [1] Buildings on corner lots in Industrial zones shall be designed to provide for adequate and safe sight distance for vehicles at adjacent intersections as approved by the Director of Public Works. [2] Structures associated with industrial operations may exceed fifty (50) feet in height provided they do not exceed height restrictions in regulated airport approach zones. Such structures shall not exceed the maximum height necessary to perform its intended function. C. Industrial Buffer Yards. 1. Industrial Buffer Yard Defined. An industrial buffer yard is an area of plantings and walls that shields neighboring residential properties from negative impacts created by industrial land uses. 2. When Required. An industrial buffer yard is required for any development within an industrial zone that is adjacent to a residential zone. 3. Buffer Yard Standards. a. Industrial buffer yards shall be located along the outer perimeter of a property line abutting a residential zone. See Figure 24-27-1 (Industrial Buffer Yards). b. The minimum width of an industrial buffer yard shall be twenty-five (25) feet located within the fifty (50) foot minimum setback area. See Figure 34-27-1 (Industrial Buffer Yards). c. Industrial buffer yards shall include a solid masonry or equivalent wall no less than six (6) feet in height. d. Industrial buffer yards shall be planted with a mix of deciduous and evergreen trees and shrubs of suitable type, size, and spacing to achieve screening year-round. e. All plantings within an industrial buffer yard shall be maintained in a manner consistent with Section 24-118 (Maintenance) in Article III, Division 11 (Landscaping). f. Paved surfaces shall be prohibited within industrial buffer yards. Buffer yards shall not be used for parking, driveways, trash enclosures, building areas, or any other activity associated with the primary use on the property. FIGURE 24-27-1 INDUSTRIAL BUFFER YARDS (Ord. No. 4062, § 1, 9-10-13; Ord. No. 4105, § 1, 1-12-16 ) Created: 2021-08-02 11:23:51 [EST] (Supp. No. 52) Page 9 of 11 24-32 Planned development zone requirements. A. General Rezoning Requirements. In addition to the requirements contained in this section, the rezoning of any parcel to Planned Development (PD) shall comply with the requirements for a Zoning Ordinance Map Amendment as specified in Article VI, Division 6 (Zoning Ordinance Amendments). B. Minimum Parcel Size. The minimum size of a site proposed for rezoning to the PD zone is three (3) acres. C. Pre-Application Conference. Prospective applicants are required to request a pre-application conference with the Department of Development Services before completing and filing an application for a PD rezoning. At the pre-application conference, prospective applicants shall describe the general concepts of the development project, including site layout, land uses, building height and bulk standards, circulation, and other information necessary to describe key aspects of the project. The Department of Development Services shall provide preliminary feedback on the described development project relative to project consistency with County policies. The Department of Development Services shall also review with the prospective applicant submittal requirements for a PD rezoning and the process for application review and action by the Planning Commission and Board of Supervisors. D. Application Submittal. An application for a PD rezoning shall be filed in compliance with Article V, Division 1 (Permit Application and Review). The application shall include the information and materials specified in the Department of Development Services handout for Zoning Ordinance Map Amendments, in addition to the following materials: 1. Project Description. The applicant shall provide a written description of the project proposed within the PD zone. The project description shall include a narrative statement of the project's objectives and a statement of how the proposed project will comply with General Plan goals and policies for the land use designation of the project site. The project description may also include a diagram illustrating the proposed project. 2. Site Map. The application shall include maps depicting the existing topography, on-site structures and natural features, mature trees, and other significant vegetation and drainage patterns. The map shall show the proposed PD zone boundaries and all properties within three hundred (300) feet of the site boundary. The map shall be accompanied by a description of the type and condition of mature trees. 3. Parcel or Subdivision Map. If the project within the proposed PD zone involves the subdivision of land, the application shall include a tentative parcel map or tentative subdivision map as required by Chapter 20 (Subdivisions) of the Butte County Code. 4. Infrastructure. The application shall include a written description of the infrastructure necessary to serve each phase of the project proposed within the PD zone. 5. Public Facilities Financing Plan. If the proposed project will not be adequately served by existing public infrastructure and facilities or through the adopted countywide impact fee program, the application shall include a public facilities financing plan that identifies the needed public improvements and establishes a plan to pay for and develop the required public improvements. 6. Open Space Summary. a. The open space summary shall include the amount (in square feet or acres) and percentage of site area that will be provided as total open space, private open space, common open space, and usable open space, as applicable. The summary shall also include a description of all open space areas, including proposed recreational facilities and amenities. b. In residential PD projects, not less than twenty-five (25) percent of the residential portion of the project shall be utilized for purposes other than residential dwellings and paved areas for Created: 2021-08-02 11:23:51 [EST] (Supp. No. 52) Page 10 of 11 vehicular uses. No less than forty-five (45) percent of such twenty-five (25) percent shall be utilized for recreation or park areas available for use by all residents. The same criteria for open space area shall apply to agricultural PD projects which may or may not include residential uses. For industrial or commercial PD projects, not less than ten (10) percent of the project shall be developed as landscaped areas. 7. Development Plan. The application for a PD rezoning shall be accompanied by a Development Plan that includes the following information about the project proposed for the PD zone: a. Land Use. The Development Plan shall include a map showing the location of each land use proposed within the site, including open space and common areas. The land use map shall be accompanied by a narrative description of permitted land uses, allowable accessory uses, and uses allowed with a Conditional Use Permit. b. Subdivision Regulations. The Development Plan shall include a Subdivision Map (if a subdivision is proposed), including minimum parcel area and minimum parcel dimensions. c. Circulation. The Development Plan shall include a map and narrative of the major circulation features within the site, including vehicular, bicycle, and pedestrian facilities, as applicable. d. Development Standards. The Development Plan shall identify development standards for all structures within the site, including, but not limited to, density, setback, structure height, site coverage, and parking requirements. e. Design Guidelines. The Development Plan shall include design guidelines pertaining to development features such as landscaping; building materials; fences, walls and screenings; and open spaces. E. Planning Commission Review and Recommendation. 1. The Planning Commission shall hold a public hearing on the PD rezoning application as required by Article VI, Division 6 (Zoning Ordinance Amendments). The Planning Commission shall consider the full PD rezoning application at this hearing, including the Development Plan. 2. The Planning Commission shall forward a written recommendation, and reasons for the recommendation, on the proposed PD rezoning and Development Plan to the Board of Supervisors. The recommendation shall be based on the findings in Subsection G (Findings), in addition to the Zoning Ordinance Map Amendment findings specified in Section 24-275 (Findings and Decision). F. Board of Supervisors Review and Decision. Upon receipt of the Planning Commission's recommendation, the Board of Supervisors shall conduct a public hearing and either approve, approve in modified form, or deny the PD rezoning and Development Plan. The Board of Supervisors may approve the application only if all of the findings in Subsection G (Findings) below can be made, in addition to the Zoning Ordinance Map Amendment findings specified in Section 24-275 (Findings and Decision). G. Findings. The Board of Supervisors may approve an application for PD rezoning with accompanying Development Plan only if all of the following findings can be made: 1. The proposed development is consistent with the goals, policies, and actions of the General Plan and any applicable specific plan and community plan. 2. The site for the proposed development is adequate in size and shape to accommodate proposed land uses. 3. The site for the proposed development has adequate access considering the limitations of existing and planned streets and highways. 4. Adequate public services exist or will be provided to serve the proposed development. Created: 2021-08-02 11:23:51 [EST] (Supp. No. 52) Page 11 of 11 5. The proposed development will not have a substantial adverse effect on surrounding property and will be compatible with the existing and planned land use character of the surrounding area. 6. In coordination with the applicable school district, the proposed development shall dedicate adequate and appropriately-located land for school district facilities that are needed to serve residents within the project. 7. The proposed development carries out the intent of the PD zone by providing a more efficient use of the land and an excellence of site design greater than that which could be achieved through the application of established zoning standards. H. Ordinance Approving the Development Plan. If the Board of Supervisors approves the establishment of a PD zone, it shall do so by adoption of an ordinance and adoption by reference of the Development Plan. The ordinance shall also include any other provisions that the Board of Supervisors finds to be necessary to constitute the regulations for use, property maintenance, and property improvement in the PD zone. I. Effect of Development Plan. All proposed development and new land uses within a PD zone shall comply with the approved Development Plan. J. Minor Modifications. Modifications to an approved Development Plan shall be approved as specified in Section 24-246 (Changes to an Approved Project). (Ord. No. 4062, § 1, 9-10-13)