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HomeMy WebLinkAboutPROJ-25-0020 ZA 02-04-26 Approved ZDN26-0003BUTTE COUNTY ZONING ADMINISTRATOR February 4, 2026 MINOR USE PERMIT PROJ-25-0020 (Big Valley Agg Chemical Storage Use Intensification) A Minor Use Permit seeking intensification of a legal non-conforming industrial chemical storage/wholesale use in the Agriculture Services (AS) zone. The proposed 7,392 square foot building foot print/project site is in the northeastern portion of a developed 5.16-acre AS zoned parcel owned and operated by Big Valley Agg in conjunction with neighboring parcel APN 024-110-166. Big Valley Agg’s operation is a legal non-conforming industrial use established and previously allowed by right under the lots previous M-2 (Heavy Industrial) zoning which is not otherwise permissible in the AS zone today. APN: 024-110-076 I.The Zoning Administrator finds the project to be Common Sense exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines. A. Because the project is exempt from CEQA the payment of fees pursuant to Fish and Wildlife Code Section 711.4 and 14 California Code of Regulations 753.5 is not required. II.The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. III.The Zoning Administrator determines the project is an intensification of a non-conforminguse requiring approval of a Minor Use Permit pursuant to Butte County Zoning Ordinance (Hereinafter, ZO) Section 24-122(D)(1-2). By proposing a fourth storage building, applicant seeks an enlargement of Big Valley Agg’s legal non-conforming industrial chemical business use requiring approval of a Minor Use Permit prior to building permit issuance (COMM-ADD-25-0001). IV.Makes the following Minor Use Permit findings supporting a grant of approval under ZO § 24-125: A.Available evidence indicates that the nonconforming use or structure was legally established. The chemical storage/sale use was legally established and permitted by right under the previous M-2 (Heavy Industrial) zoning for the lots dated 06/29/1982. B.The nonconforming use or structure has not resulted in a notable negative impact or nuisance to the surrounding area. Project has been noticed to neighbors to assess potential impacts. No current negative impacts or nuisance to surrounding area reported to date. C.The nonconforming use or structure is compatible with the general character of the surrounding area. Agricultural chemical storage and sale is compatible with the general character of the surrounding Agriculture zone. D.The proposed action is compatible with the purpose and intent of the applicable zone. Agricultural chemical storage and sale is compatible with the purpose and intent of the Agriculture Services (AS) zone as this zone is intended to encourage new compatible support agriculture operations and protect agricultural uses The AS zone is intended to allow most agricultural uses while encouraging new compatible support uses and protection of agricultural land uses. Enlarging the agricultural chemical storage/sale operation to allow storage of on-site chemicals will protect agricultural chemicals from congealing in the sun and prevent delays in agricultural crop sprays in alignment with the purpose and intent of the zone. V.The Zoning Administrator holds the project complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan, any other applicable community or specific plan, and the County Improvement Standards, and as supported by all of the following findings under ZO § 24-222: A.The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article III, Division 12 (Nonconforming Uses and Structures). The agricultural chemical storage/sale use is legal non-conforming and meets the criteria for intensification under Article III, Division 12. 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, design and operating characteristics of the enlargement is compatible in supporting existing and future agricultural on the surrounding Agricultural zoned lots in the vicinity. The project is noticed to neighbors and is heard at public hearing which ensures the characteristics of the use are compatible with existing and future residential uses in the vicinity. C.The proposed use will not be detrimental to the public health, safety, and welfare of the County. The proposed use has been circulated to Butte County Department of Public Health, Environmental Division; Butte County Department of Public Works, Land Development Division, Butte County Agricultural Commissioner’s Office, Butte County Fire Department, Butte County Department of Development Services, Building Division, and California Department of Transportation. All agencies agree this project does not pose a threat to public health, safety, or welfare. The project will go through the building permit process. D.The proposed use is properly located within the County and adequately served byexisting or planned services and infrastructure. The expansion does not require any increase to existing water or waster. The project site is adequately served by existing access. E.The size, shape, and other physical characteristics of the subject property are adequateto ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The size, shape, and characteristics of the property were reviewed by consulting agencies/ County Departments and found adequate to ensure compatibility of the proposed intensification of use with existing and future uses in the vicinity. V.The Zoning Administrator approves Minor Use Permit PROJ-25-0020 with all conditionsof approval in Attachment B. Approved By: Date: Zoning Administrator 02/04/26