HomeMy WebLinkAboutUP22-0002 PC 22-27 Reso SignedRESOLUTION 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 Attachment “C”:
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 vi/ould 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, Cat-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 8*^ 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