HomeMy WebLinkAboutUP22-0002 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
December 16, 2022
Michael Hill Re: Approval of Use Permit (UP22-0002) to allow Multifamily Dwellings on APNs: 030-170-039, and 030-170-067.
Dear Mr. Hill, On Thursday, December 8, 2022, the Butte County Planning Commission found UP22-0002 exempt from the California Environmental Quality Act (CEQA) and approved the
project.
Your associated project (Zoning Code Amendment ZCA22-0002) is scheduled to be heard at the Board of Supervisors on January 24, 2023. Refer to Condition 1.
Please review the attached conditions, sign with your acceptance and return to me at
your earliest convenience. If you have any questions concerning this matter, please contact Tristan Weems, Associate Planner at 530.552.3685, Monday through Friday, 8:00 a.m. to 4:00 p.m., or
via email at tweems@buttecounty.net.
Sincerely,
Tristan Weems, AICP
Associate Planner
Encl: UP22-0002 Conditions of Approval and approved Planning Commission Resolution PC22-27
CONDITIONAL USE PERMIT
BUTTE COUNTY PLANNING COMMISSION December 8, 2022
DATE:
UP22-0002
PERMIT NO.
030-170-039, -067
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: Michael Hill is hereby granted a conditional use permit for ten
additional separate multiple dwelling housing units on two parcels totaling 2.02 acres of General
Commercial zoning located at 941 and 1001 Oro Dam Boulevard, West (SR 162) in Oroville.
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.
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 Department of Development Services, Planning Division:
1. Prior to Use Permit issuance, the Zoning Code Amendment ZCA22-0002 must be approved
by the Butte County Board of Supervisors to allow separate, detached dwelling units
under the ‘Multiple-Family Dwelling’ land use designation.
2. Prior to certificates of occupancy, all future homes will be finished in like manner, to
match the current homes, with attractive design features such as hardy plank skirting with
matching paint, pyramiding stairs, porches and/or other similar design finishes. All design
elements are to be constructed in accordance with the current California Residential Code
referred in Title 25 CCR; permitted by the local jurisdiction. Both project parcels will be
planted with privacy and noise deadening trees (Leland Cypress, or similar) and foliage
(Oleanders, or similar) along perimeter fences and areas adjacent to the right of way
(Oroville Dam Boulevard West – SR 162). The plantings shall be pruned, irrigated, and
maintained to provide attractive screening as they mature.
Butte County Department of Development Services, Planning Division / Cal-Trans:
TRAFFIC SAFETY
3. Prior to building permit issuance: Any entrance to the property of APN 030-170-067 or
APN 030-170-039 that will be restricted with gate access, will need to be offset, from the
edge of shoulder to the gate, a minimum of 25’ to provide sufficient room while a gate
opens for a vehicle to queue and be clear of the East Bound traveled way of SR 162.
HIGHWAY OPERATIONS
4. Prior to building permit issuance: Original parcel (APN 030-170-067) has three driveways
on Oro Dam Boulevard. The driveway along the westerly property line can continue to be
operational, but it shall only provide right in/right out only access since left turning
vehicles entering the property at that driveway would conflict with eastbound vehicles on
Oro Dam Boulevard in the left-turn lane to 10th Street.
5. Prior to building permit issuance: The driveway to the garage on Oro Dam Boulevard can
remain since access to it only appears possible from that one driveway, but it shall be
right in/right out only because it also conflicts with the left-turn lane on Oro Dam
Boulevard. The driveway directly across from 10th Street would serve as the full access
driveway.
6. Prior to building permit issuance: For the additional parcel (APN 030-170-039), a 24-foot-
wide driveway is needed for this multiple family housing development; it needs to be
constructed closer to the eastern property line so movements at this driveway do not
interfere with movements at the Wildlife Area Access Road. We recommend that
driveways are spaced at least 50 feet apart and located at least 25 feet from the property
line for improved operations and reducing the number of conflict points.
7. Prior to building permit issuance: The driveway radii should be sized to accommodate the
largest vehicle expected to use the driveway. Please reference the Caltrans Encroachment
Permits Manual Appendix J for details on AC driveways. https://dot.ca.gov/-/media/dot-
media/programs/traffic-operations/documents/f0017800-appendix-j-web-a11y.pdf.
Truck turn templates using the design vehicle for this development need to be provided
for our review.
HYDRAULICS
8. Prior to building permit issuance: No net increase to 100-year storm event peak discharge
may be realized within the State's highway right of way and/or Caltrans drainage facilities
because of the project. Further, the developer must maintain, or improve existing
drainage patterns and/or facilities affected by the proposed project to the satisfaction of
the State and Caltrans. This may be accomplished through the implementation of
stormwater management Best Management Practices (BMPs) (i.e., detention/retention
ponds or basins, sub-surface galleries, on-site storage and/or infiltration ditches, etc.) as
applicable. Once installed, the property owner must properly maintain these systems. The
proponent/developer may be held liable for future damages due to impacts for which
adequate mitigation was not undertaken or sustained.
9. Prior to building permit issuance: Runoff from the proposed project that will enter the
State's highway right of way and/or Caltrans drainage facilities must meet all Regional
Water Quality Control Board water quality standards prior to entering the State's highway
right of way or Caltrans drainage facilities. Appropriate stormwater quality BMPs (i.e.,
oil/water separators, clarifiers, infiltration systems, etc.) may be applied to ensure that
runoff from the site meets these standards (i.e., is free of oils, greases, metals, sands,
sediment, etc.). Once installed, the property owner must properly maintain these
systems.
ENCROACHMENT PERMIT
10. Prior to building permit issuance obtain a Cal Trans Encroachment Permit. Any project or
work, including access modification and drainage work, that takes place along or within
the State’s Right of Way (ROW) requires an encroachment permit issued by Caltrans. To
apply, a completed encroachment permit application, environmental documentation,
and five sets of plans clearly indicating State ROW must be submitted to:
Hikmat Bsaibess
California Department of Transportation
District 3, Office of Permits
703 B Street
Marysville, CA 95901
Any project along or within the State’s Right of Way (ROW) requires an encroachment
permit that is issued by Caltrans.
Facilities proposed within the State ROW necessitate a Maintenance Agreement with the
local entity. Any work performed within the SHS ROW must meet all Caltrans design and
construction standards and will require a Caltrans’ Encroachment Permit.
A pre-application meeting with the encroachment permits unit is required. Please contact
the encroachment permits team at D3encpermit@dot.ca.gov to schedule this meeting.
Butte County Fire / CAL-Fire:
11. In case of conflict between any applicable federal, state or local statute, law, ordinance,
code, rule or regulation, the more restrictive or stringent provision or requirement shall
prevail.
12. Prior to building permit issuance, provide all-weather access of at least 20 feet wide, with
13-foot 6-inch vertical clearance that will allow for ingress and egress and accommodate
a 40,000-pound fire apparatus to within 150 feet of all structures.
13. Prior to building permit issuance, provide a fire apparatus access road turnaround at 941
Oroville Dam Boulevard. Indicate the type (cul-de-sac, hammerhead, or Y) and its location
on the site plan or provide a letter from the adjacent land owner / agency authorizing
emergency access (at least 20’ wide) from APN: 030-170-068 or APN: 030-270-083.
14. Address and Building Identification: Address numbers must be a minimum of 4 inches
high and 0.5-inch stroke with a contrasting color background and posted at the street
main entrance and on each unit.
15. Security Gate providing access to 941 Oroville Dam Boulevard shall be located at least
thirty (30) feet from the fog line and shall open to allow a vehicle to stop without
obstructing traffic on that road.
16. All security gates must be equipped with a means of operation by fire department
personnel. Provide a Knox brand key switch or combination code for access.
17. Provide a lighted map large enough to be legible from a vehicle at all entrances to
complex, indicating all dwelling units with their respective numbers and street names or
letters.
Butte County Public Works:
STREETS
18. Prior to issuance of improvement permits, obtain an encroachment permit from Caltrans
and improve and modify the existing and proposed driveway approaches to Oroville Dam
Boulevard West as required by Caltrans. Requirements may include but are not limited to
24’ wide encroachments, minimum driveway radii as referenced in Caltrans
Encroachment Permits Manual Appendix J, location of gates from the edge of the traveled
way, a reduced number of access points, and modified driveway locations to benefit safe
traffic operations.
19. Prior to issuance of improvement permits, obtain Butte County Fire Department approval
for the internal roadways and turning radii, as well as location of gates from the edge of
the traveled way.
20. If there are conflicting Caltrans and Butte County Fire Department standards for the
location of gates from the edge of the traveled way, the more stringent standard shall
prevail.
DRAINAGE
21. New drain inlets, if required, shall be labeled with the county-approved drain marker per
county standard S-40.
22. Prior to issuance of building permits, pay drainage impact fees per Article XI, Chapter 3
of Butte County Code.
COMPLIANCE WITH BUTTE COUNTY STORMWATER ORDINANCE
Developments located outside Butte County MS4 permitted area:
23. Coverage under the stormwater Construction General Permit (CGP) will be required by
the State Water Resources Control Board if the project results in ground disturbance,
including clearing, excavation, filling, and grading of one or more acres or disturbs less
than one acre but is 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.
Butte County Public Health, Environmental Health Division:
24. Applicant to provide a will-serve letter from the Thermalito Water and Sewer District for
water and sewer services for the additional dwelling units proposed by the use permit, to
the satisfaction of the Butte County Public Health Department prior to building permit
issuance.
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.
Dated: ___________
Applicant
RESOLUTION No. PC22-27
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING CONDITIONAL
USE PERMIT UP22-0002 (MIKE HILL – MULTIPLE FAMILY DWELLINGS IN THE GENERAL
COMMERCIAL (GC) ZONE)
WHEREAS, the Planning Commission has considered Zoning Code Amendment ZCA22-
0002 and Conditional Use Permit UP22-0002 by Owner Michael Hill to construct ten additional,
separate multiple dwelling housing units on two parcels totaling 2.02 acres of General
Commercial zoning located at 941 and 1001 Oro Dam Boulevard, West (SR 162) in Oroville; 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 December 8, 2022; 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 hereby recommends to the
Board of Supervisors the following findings:
I. Finds these related projects are exempt from the California Environmental Quality Act (CEQA)
provisions under 14 CCR Section 15061 (b)(3). Section 15061 (b)(3) under the Common Sense
Exemption.
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. The Planning Commission was presented with all of the information described in the recitals
and has considered this information in adopting this resolution.
III. Approves the proposed Zoning Code Amendment ZCA22-0002 as internally consistent with
other applicable provisions of the Zoning Ordinance.
IV. The proposed Adoption of the Zoning Code Amendment ZCA22-0002 is in the public interest,
and protects the health safety and welfare of the County.
V. Approves Conditional Use Permit UP22-0002 subject to the following findings and the
conditions of approval found in Exhibit “B”:
A. The project is consistent with the Butte County General Plan, including the General
Commercial 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:
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.
Upon approval of the related Zoning Code Amendment, this use would be permitted with a
use permit under Table 24-22-1, Permitted Land Uses in the Commercial Zones, under the
General Commercial zone. “Multiple-Family Dwelling” found in 24-304, Division 1.
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 these additional dwelling are within the parameters of the
General Commercial zone and will not result in any significant impact on the character, or
nature of the neighboring residential and commercial properties. The proposed Single Family
Dwelling Units meet applicable setbacks in the GC zone.
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 along with the City of Oroville, Thermalito Water & Sewer, and Cal-Trans and
approved their reviews with conditions attached. These conditions have been incorporated
into this Staff Report and the Conditional Use Permit. Butte County building permits are
required for the proposed structures. 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, Cal-Fire, Cal-Trans and Thermalito Water & Sewer have reviewed the proposed
additional dwelling units and found that the project meets applicable development
requirements with their comments attached.
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.
DULY PASSED AND ADOPTED this 8th Day of December 2022, by the following vote:
AYES: Commissioners Flicker, Donati, and Schleiger
NOES:
ABSENT: Chair Roethler, and Commissioner Hansen
ABSTAIN:
___________________________
Tammy Flicker, Vice-Chair
Planning Commission
County of Butte, State of
California
ATTEST:
_____________________________
Kao Vang, Secretary
Planning Commission
County of Butte, State of California