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HomeMy WebLinkAbout#16-14 2016-10-27 RESO APPROVING CONDITIONAL USE PERMIT UP16-0003RESOLUTION NO. PC16-14 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT UP16-0003 (SCHWIND / BERRY CREEK COMMUNITY ASSOCIATION) WHEREAS, the Planning Commission has considered Conditional Use Permit UP16-0003 to allow construction and operation of a bathroom for the existing Berry Creek Community Park in addition to other future improvements; and WHEREAS, said Use Permit 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 October 27, 2016; 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: I. Finds this project is categorically exempt from environmental review pursuant to Section 15303 of the CEQA Guidelines which allows new construction of limited new, small facilities including accessory (appurtenant) structures including in the case of the Berry Creek Community Park, a bathroom, bocce ball court, horseshoe pit, flagpole, hiking trail around the perimeter of the property, and storage building. 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. On the basis of the whole record before the Planning Commission, there is no substantial evidence that the Use Permit for Schwind / Berry Creek Community Park., UPI 6-0003, would have a significant effect on the environment. II. Approve the Use Permit 16-0003 for Schwind / Berry Creek Community Park for construction and operation of bathroom and storage building on APN 071-440-005, subject to the following findings and the conditions found in Exhibit "B": A. The proposed use is allowed in the applicable zone. Parks and Recreational Facilities may be permitted within the FR -5 zone (Foothill Residential 5 -acre minimum parcel size), with the issuance of a use permit. The park was legally established under the jurisdiction of the Feather River Parks and Recreation District. The Berry Creek Community Association (BCCA) now seeks a use permit as needed to secure building permit(s).for a restroom building and other fitture improvements. 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 Park is a compatible land use with the adjacent Berry Creek Elementary School and nearby residences. The Park will compliment public and residential land uses in the vicinity of the project. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The community building has been operational since approximately 2011 and has been maintained by the Feather River Park and Recreation District since that time without any identified detriment to the public health, safety, and welfare of Butte County D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. The single-family home on site was legally established in 1988 while within unincorporated Butte County, Building Permit BPI 162-88. Well, septic, and electric are functional onsite and adequate to serve existing and planned uses. 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 14+ acre parcel is an adequate size for the existing community park, proposed restroom and other park improvements. The riparian area crossing the eastern portion of the site will be maintained in a natural form with the existing use. No tree removal or substantial grading are proposed with planned improvements. DULY PASSED AND ADOPTED this 27th day of October 2016, by the following vote: AYES: Commissioners Chase, Donati, Grundmann, John, and Chair Kennedy NOES: None ABSENT: None ABSTAIN: None yin 1' f I ani +'i e�x�x e el Mary Kennedy, Chair Planning Commission County of Butte, State of California 0 g Commission of Butte, State of California EXHIBIT B USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 16-0003 PERMIT NO. ASSESSOR'S PARCEL NO. 071-440-005 Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Kim Schwind Berry Creek Community Park is hereby granted a Use Permit for a restroom in the first phase, and bocce ball court, horseshoe pit, flagpole, hiking trail around the perimeter of the property, and/or storage shed in future phases, consistent with the attached site plan. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Section 24-251. 2. Unless otherwise provided for in a special condition to this Use Permit, or an approved Extension of Time pursuant to BCC 24-247C, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval per BCC 24-247A. 3. Changes to this approval may be requested by the review authority following a noticed public hearing, or by conformance with the criteria for Minor Changes in BCC 24-246C. 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. 4. A permit or approval not exercised within two (2) years after the date of approval shall expire and become void, except where an extension of time is approved per BCC 24-247B. A permit or approval shall also expire and become void if the permitted use is abandoned for one (1) year (BCC24-247). 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 a Permit. Conditions of Approval: Planning Division 1. The Environmental Health Division of Butte County Public Health Department has determined that the existing wastewater system is adequate to serve the proposed restroom facility for limited use up to 2.4 gallons per day average. Should use of the park bathrooms exceed this estimated capacity and/or should the existing septic system fail, applicant shall consult with the Environmental Health Division regarding improvements needed to serve bathroom usage at that time, and shall install necessary improvements to meet capacity and/or limit Park events so as to ensure adequate wastewater capacity for bathroom usage at existing and planned events. 2. Construction or placement of structures is prohibited within riparian areas, defined as "areas between the banks and 50' feet in width measures from the top bank of any intermittent or perennial stream or river landward (Butte County Code 24-77), OR as may be superseded by Butte County Code. County Counsel 3. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicants or any other developer/operator other than the applicants agree to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building Division permits, nor does it waive any other requirements. CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office