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Home My WebLink AboutPRED25-0003 Post NotesBUTTE COUNTY PRE-DEVELOPMENT MEETING April 30, 2025 PRED25-0003 (Joel White) APN: 041-120-134 Any direction or information given is preliminary and may be subject to further refinement or change as the application progresses through the formal application process. Proposal to expand existing 1 acre composting and retail operations to 25 acres total. Project proposes landscaping, paving, structure additions, new structures, new infrastructure, new parking lots and bathrooms, and 34 new cement bunkers for expanded composting use as a new major utility operation. The project parcel is 304.68 acres total, with roughly 303.68 acres zoned as Agriculture-40 (AG40), and 1 acre currently zoned for General Commercial (GC). The project proposes rezoning 24/303.68 acres AG40 to GC. The project site is located on the east side of Clark Road, approximately 1,000 feet south of Durham-Pentz Road, at 2552 Clark Road, Butte Valley. Departments Comments Planning Division Land Use, Zoning, and Entitlements • General Plan Land Use Designation: Agriculture; Retail and Office. • Zoning: AG-40 roughly 303.68 acre; GC 1 acre. • Required Entitlements: 3 o 1) General Plan Amendment (Board of Supervisors);  Reasoning: Because the Project proposes to rezone 24 acres of AG-40 lands to GC a General Plan Amendment is required.  General Requirements for General Plan Amendments. Please refer to Zoning Code Division 5 for a complete list of General Plan Amendment requirements. Butte County Zoning Code (ZC) 24-§§277-284. • Applicant must file a complete General Plan Amendment Application and pay the related $13, 950.75 retainer fee. o It’s the (Property/Business) Owner’s responsibility to provide sufficient evidence of (4) Findings of Decision as required for the Board of Supervisors to take action on the General Plan Amendment application. • The Board of Supervisors may approve a General Plan Amendment only if (4) Findings of Decision are found: o (1) The proposed General Plan Amendment is in the public interest; o (2) The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan; o (3) The proposed General Plan Amendment’s potential effects have been evaluated and determined to be nondetrimental to the public’s (health, safety, or welfare); and o (4) The proposed General Plan Amendment has been processed in accordance with the California Government Code and the California Environmental Quality Act (CEQA). o 2) Zoning Ordinance Map Amendment (Board of Supervisors); and  Reasoning: Because the Project seeks to rezone 24 acres of AG40 to GC, a Zoning Ordinance Map Amendment is required.  General Requirements for a Zoning Ordinance Map Amendment. Please refer to Zoning Code Division 4 for a complete list of Zoning Ordinance Map Amendment requirements at ZC 24-§§270-276. • Applicant must file a complete Zoning Ordinance Amendment Application (may use same form as linked above). • The Board of Supervisors may approve a General Plan Amendment only if (3) Findings of Decision are found: o (1) The proposed amendment is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860; o (2) The proposed amendment will not be detrimental to the public (interest, health, safety, or welfare) of the county; and o (3) The affected site is physically suitable (in design, location, shape, size, and other characteristics) to ensure that the proposed uses and development will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties and the community at large.  Additional Requirements to Rezone Agricultural Lands. ZC 24-§14(E). • Rezone is only allowed if (7): o (1) The parcel is adjacent to other uses (not just agriculture or agriculture support uses); o (2) The rezone will not be detrimental to existing agricultural operations; o (3) The parcel is adjacent to existing development or urban infrastructure and conversion will constitute a logical contiguous extension of a designated urban area; o (4) No feasible development alternative exists that is less detrimental to agriculture; o (5) As established by the Board of Supervisors, there is full mitigation of impacts to the extent allowed under law (including but not limited to: roads, drainage, schools, fire protection, law enforcement, recreation, sewage, and lighting.); o (6) The parcel is not subject to a Williamson Act Contract with the County; and o (7) The rezone will not interfere with the County’s General Plan policy (including the Chico Area Greenline policies.). o 3) Conditional Use Permit (Planning Commission).  Reasoning: A Conditional Use Permit is required for Major Utility Operations (including composting) in the General Commercial zone. As a result, once the rezone is approved, Applicant’s proposed expanded composting use across 25 GC acres, will necessitate approval of a Conditional Use Permit. See ZC Table 24-22-1 and ZC 24-§304. • Composting facility: commercial/industrial facility where organic matter is transformed into soil or fertilizer by biological decomposition. • Major Utilities: Large-scale facilities of a regional nature including commercial and industrial composting operations.  Applicant must file a complete Conditional Use Permit Application and pay the related $14,619.83 flat fee. • It’s the (Property/Business) Owner’s responsibility to provide sufficient evidence of (5) Findings as required for the Planning Commission to take action on the Conditional Use Permit application.  Conditional Use Permit General Requirements. Please refer to Zoning Code Division 5 for a comprehensive list of all applicable requirements at ZC 24-§§217-225.  The Planning Commission may approve a Conditional Use Permit application only if the proposed project complies with the applicable Zoning Ordinance, other County ordinances, the General Plan, any other applicable community or specific plan, and the County Improvement Standards as supported by the following (5) Findings per ZC Section 24-§222: • (1) The proposed use is allowed in the applicable zone or meets criteria for the reconstruction or intensification of a nonconforming use (see ZC Art III. Div. 12); • (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; • (3) The proposed use will not be detrimental to the public (health, safety, and welfare) of the County; • (4) The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure; and • (5) The size, shape, and other physical characteristics of the property are adequate to ensure compatibility with the existing and future land uses in the vicinity of the property.  The Planning Commission may attach conditions of approval necessary to ensure compliance with the applicable Zoning Ordinance, other County ordinances, the General Plan, any other applicable community or specific plan, and the County Improvement Standards. • A Code Enforcement Officer may annually inspect the property to verify compliance with conditions of approval. • Parking Requirements. See Zoning Code Division 9 for a complete list of applicable Parking and Loading requirements at ZC 24-§§91-97. Below is a noncomprehensive list of some of this criteria for your reference. o Multiple Uses. ZC 24-§93(C). When multiple land uses are conducted on a single parcel, the required number of parking spaces is either: a) the sum of all parking spaces required per each use; or b) determined by a Parking Demand Study.  a) Sum of all parking spaces required per each use. • Drive-thru Facility for Commercial Use: 1 per 350sqft floor area. • Composting Facilities: 1 per 1,000sqft floor area. • Parking lots: at least 22 spaces o Southwest side parking lot: At least 11 spaces. 2,400 sqft (proposed 40x60). 8 spaces (commercial retail requires 1 per 300sqft). 2.4 spaces (composting use requires 1 per 1,000 sqft). o Northwest side parking lot: At least 11 spaces. 2,400 sqft (proposed 40x60)At least 11 spaces. 8 spaces (commercial retail requires 1 per 300sqft). 2.4 spaces (composting use requires 1 per 1,000 sqft). • Utilities: Determined by Parking Needs Assessment and/or as specified in the Conditional Use Permit o General Design Standards. ZC 24-§95(A).  Dimensions. Standard parking spaces shall be (9) feet wide by (19ft) long.  Surfacing: • All parking areas shall be surfaced with a dust-minimizing treatment or paved with asphalt, concrete or other all-weather surface. • Permeable paving materials such as porous concrete/asphalt, open-jointed pavers, and turf/gravel grids are a permitted surface material. • The use of light-colored materials to help reduce surface temperatures is encouraged.  Road Access. All parking areas shall provide suitable maneuvering room for vehicles to enter and exit an abutting street in a forward direction.  Drainage. Must comply with Public Works requirements.  Maintenance. All parking facilities shall be permanently maintained free of weeds, littler, and debris.  Lighting. All outdoor lighting used to illuminate parking areas shall comply with the requirements of Section 24-67 (standards) in Article III, Division 4 (Outdoor Lighting). o Additional Design Standards apply to Urban Zones. See ZC 24-§95(B).  Lighting. All parking must provide adequate illumination for safety and security. Lighting fixtures must be placed in a way that avoids interfering with mature trees and other required landscaping.  Landscaping. • A 10ft landscaped strip is required between parking areas adjacent to streets. • Parking Lot Landscaping: any landscaped area surrounded on at least 2 sides by parking spaces or drive aisles, (excluding landscaped areas around the site or structure perimeter.) o At least 1,200 sqft (5%) of each parking lot surface area must be landscaped.  Driveways. At least 20ft wide for two-way traffic. o On-Site Loading requirements. ZC 24-§97.  Required loading space depends on the total Gross Floor Area of Commercial Use. See ZC Table 24-97 Required Loading Spaces.  Minimum Dimensions. 12ft wide, 40ft long, 14ft tall. • Landscaping Standards. The project must conform with all applicable Zoning Code Division 11 Landscaping requirements at ZC 24-§§110-118. Below is a noncomprehensive list for your reference. o Landscape Plans. ZC 24-§114.  Must include (7): 1) property site boundaries; 2) existing structures; 3) structures immediately adjacent to the property; 4) proposed structure and improvements; 5) existing (landscaping, trees, and vegetation to be retained); 6) all new landscaping proposed; and 7) any additional information the Zoning Administrator determines is required.  The Department of Development Services shall review all landscape plans for compliance. The reviewing authority acting upon the permit application for the proposed development or as assigned to the Zoning Administrator will review the Landscape Plan. o Minimum Landscaped Area. ZC 24-§115(C).  General Commercial (10% Gross Floor Area of on-site structures). • Staff Analysis based on Applicant’s submitted materials. o Estimated Gross Floor Area of all structures 52,684 sqft. 10% Gross Floor Area: 5,2684 sqft must be landscaped.  Landscape Site Plan indicates project will exceed this amount at a total landscape area of 75,812sqft. • Staff Analysis based on Applicant’s Pre-Development Application. o Estimated Gross Floor Area of all structures (not parking lots): 53,900 sqft. 10% Gross Floor Area: 5,390sqft must be landscaped.  Landscape Site Plan indicates project will exceed this amount at a total landscape area of 75,812sqft. o Water efficient irrigation systems are required, must be scheduled between the hours of 2:00a.m. and 10:00a.m., and are subject to California Green Building Code requirements. o Landscaping systems must be installed before the final building permit inspection or certificate of occupancy. o Maintenance requirements apply. Accessory Structure Design Standards ZC 24-§23. • Must meet GC zone setback and maximum height requirements. o Property line setback requirements: none noted at this time. o Maximum height: 50ft. CEQA / Additional Environmental Studies • The Project will be subject to the California Environmental Quality Act for determination of the appropriate environmental review document(s) required. • Biological Resource Assessment: listed. • Cultural Resource Assessment: in progress. Estimates • Timeframe: Approximately 4-6 months. • Cost: $28,570.58 For additional information regarding these requirements, please contact: Alyssa Mendoza, Assistant Planner at (530) 552-3701 / amendoza@buttecounty.net Building Division • Building Permits are required for built elements such as retaining walls, buildings, addition, bunkers, electric services, truck scales, and any fencing over 7ft high. This list may not be all inclusive and is pending building permit submittals for the built elements of the project. For additional information regarding these requirements, please contact: Efrain Ruvalcaba, Building Division at (530) 552-3651 / eruvalcaba@buttecounty.net Public Works Department • Traffic Study required. o Vehicles Mile Traveled (VMT) Analysis required (both as part of CEQA review and because the Project Site abutts a State Highway. o If the proposed driveway is relocated alongside Durham-Pentz Road then  A new Traffic Study will be required; and  An Encroachment Permit will be required. • Preliminary grading information required. • Storm Water Pollution Prevention Plan required. • Site Improvement Plan o After the Project is approved but before development begins, a Site Improvement Plan will be required and should include information on (grading, stormwater, and drainage). For additional information regarding these requirements, please contact: Jessica Hankins, Department of Public Works (530) 277-1783 / jhankins@yubaplanninggroup.com Environmental Health Department • Any wastewater system expansion or new wastewater systems will require a Septic Permit and Site Evaluation. • On-site well must be assessed for small water system requirements; applicant to complete Public Water System Survey (attached). • Solid Waste Permit may need to be expanded to a Full Solid Waste Permit for Composting Operations. • Requires a Preapplication Review for Conditional Use Permit. For additional information regarding these requirements, please contact: Nikolay Ostrovskiy, Department of Environmental Health (530) 552-3869 / nostrovskiy@buttecounty.net Butte County Fire/Cal Fire Department • Feedstock piles and log deck must comply with CFC Chapter 28, PRC 4373 & 4440, and Butte County Code 38-A in relation to size, separation, and defensible space. • A pressurized water system for fire suppression is required. Capable of 1000 GPM at a minimum of 20 PSI, with average static pressure between 45-80 PSI. Must be able to support required flow for a duration of 2 hours. For additional information regarding these requirements, please contact: Chris Boyd, Fire and Life Safety Captain (530) 538-6320 / chris.boyd@fire.ca.gov Butte County Economic Development • Ensure the project narrative is adaptive and addresses various concerns and needs. When engaging with stakeholders, community members, and elected officials, listen carefully to questions so that you may lead with the information everyone wants to hear/understand about the project. • Identify and inform stakeholders. Ensure stakeholders are aware of project decision points, such as Planning Commission meetings and Board of Supervisors meetings. • Anticipate and respond to community input as needed, be transparent about intentions with the project. Recognize the role of community feedback in decisions related to the project. For additional information regarding business assistance, please contact: Katie Simmons, Deputy Administrative Officer (530) 552-3338 / ksimmons@buttecounty.net Central Valley Regional Water Quality Control Board • General Composting requirements o Notice of Intent and technical (General Composting Order) document. • Storm Water Pollution Prevention Plan required. For additional information regarding business assistance, please contact: Patrick DeCarvalho, Central Valley Regional Water Quality Control Board / patrick.decarvalho@waterboards.ca.gov Butte County Air Quality Management District • Permit to Construct required. • Permit to Operate required. o Details on chip procedures (on or offsite), Volatile Organic Compound omissions analysis, and permits for the 34 composting bunkers are necessary. For additional information regarding business assistance, please contact: Riley Peacock, Butte County Air Quality Management District / rpeacock@bcaqmd.org California Department of Transportation • Please provide a Traffic Impact Study that includes information regarding anticipated project trip generations, trip distributions, and anticipated queuing. Please use the Institute of Transportation Engineering Trip Generation Manual for this analysis. • The existing driveway should be updated to the latest Caltrans Standards. This would include but is not limited to the California Highway Design Manual, Caltrans Standard Plans, and Caltrans Standard Specs. Show proper dimension of the driveway and detail plan. • Ensure that the design vehicle is appropriate, based off the Truck Networks on California State Highways Map for District 3 (Link: https://dot.ca.gov/programs/traffic-operations/legal-truck-access/truck-network-map). Provide information about the design vehicle for review, and auto turn templates of the design vehicle safely entering and exiting the driveway onto and into the highway. Please provide clarification regarding the callout titled "PROPOSED ENTRANCE". • Any project or work, including access modification and drainage work, that takes place along or within the State’s right of way requires an encroachment permit issued by Caltrans. To apply, a completed encroachment permit application, environmental documentation, and five sets of plans clearly indicating State right of way must be submitted to Encroachment Permits Offices as indicated below: California Department of Transportation District 3, Office of Permits 703 B Street Marysville, CA 95901 D3encpermit@dot.ca.gov For additional information regarding these requirements, please contact: Satwinder Dhatt, California Department of Transportation / satwinder.dhatt@dot.ca.gov Butte County Agricultural Commissioner’s Office • Applicant would need to meet criteria set forth in Division 1, section 24-14 of the Butte County Zoning Ordinance. For additional information regarding these requirements, please contact: Sonia Zarate, Agricultural Commissioner’s Office / szarate@buttecounty.net Public Health Department Monica Soderstrom, RN, PHN, Director Dr. Jarett Beaudoin, MD, MPH, Health Officer Environmental Health Division 202 Mira Loma Drive T: 530.552.3880 Oroville, California 95965 F: 530.538.5339 buttecounty.net/publichealth PUBLIC WATER SYSTEM SURVEY System/Facility Name: _________________________________________________________________ Owner Name: ________________________________________________________________________ Owner Phone/Email: ___________________________________________________________________ Please answer all the questions and sign the form below: 1. Is your system supplied water by an outside provider (e.g., a city, a homeowner’s association, or a mutual water company)? Yes No If Yes, whom: ____________________ 2. If your facility’s drinking water is not supplied by an outside provider, then what is the drinking water source? Well Stream, Creek, River, Pond Spring Other: ____________________________ 3. Number of service connections (i.e., houses, buildings, campsites, etc.) that are connected to your water system: ______________ 4. Number of yearlong residents your water serves: _____________ The above figure is based on: Records Estimates 5. Total number of employees, students, or other non-residents regularly served more than 6 months of the year: ________________________ 6. Do you serve 25 or more people at least 60 days of the year? Yes No 7. Are restrooms open to the public? Yes No 8. Does the public have access to any drinking water fountains? Yes No DISCLOSURE: Be advised that Sections 116725 and 116730 of the California Health and Safety Code (CHSC) state that any person who knowingly makes any false statement on any report or document submitted for the purpose of compliance with the California Safe Drinking Water Act may be liable for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation for each day that violation continues. In addition, the violators may be prosecuted in criminal court and upon conviction, be punished by a fine, of not more than twenty-five thousand dollars ($25,000) for each day of conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, be imprisoned in the county jail not to exceed one year, or both fined and imprisoned. Name (print): ______________________________ Title (print): _______________________________ Signature: _________________________________ Date: ____________________________________