HomeMy WebLinkAboutMUP15-0008_ZA Agenda Report_110415
■ Butte County Department of Development Services ■
■ October 28, 2015 ■ MUP15-0008 ■ Page 1 of 3 ■
BUTTE COUNTY ZONING ADMINISTRATOR
AGENDA REPORT – November 4, 2015
RECOMMENDED ACTION:
Staff recommends the Zoning Administrator find the proposed project to be categorically exempt
from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New
Construction of Small Structures) and Section 15311 (Accessory Structures) of the CEQA
Guidelines, and to approve the Minor Use Permit, subject to the findings and conditions in
Attachment A.
EXECUTIVE SUMMARY:
The applicant is requesting a Minor Use Permit to construct a 1,198 square foot manufacture home
to be used as caretaker’s quarters to a permitted animal hospital (Chico Creek Animal Hospital) in
the General Commercial (GC) zone. The caretaker’s quarters will provide permanent residency
to an employee and their family for the purpose of providing around-the-clock animal care and
off-hour animal emergency services. The residence will constructed in conformance with the site
development standards for residential development in the Medium Density Residential (MDR)
zone, as specified in Section 24-20, and will include a separate on-site septic system.
SITE CHARACTERISTICS AND SURROUNDING USES:
The subject property encompasses 1.31 acres situated on the southeast corner of the Highway
32 and Muir Avenue intersection.
Applicant: Executive Homes
c/o Bill Leveroni
Location: The parcel is located at 3449
Hwy 32, at the intersection
with Muir Avenue, west of
Chico. Owner: MWB Properties, LLC.
c/o Matthew J. Bettencourt
File #: MUP15-0008
Request: Minor Use Permit to construct a
1,198 sq. ft. caretaker’s
residence for a permitted
veterinary clinic to provide off-
hour animal care and emergency
on-call services.
Supervisor
District:
2
Project
Planner:
Rowland Hickel
Senior Planner
Parcel Size: 1.31 acres
Attachments:
G.P. : RTL (Retail and Office) A:Zoning Administrator Decision
Zoning: GC (General Commercial) B:Site Plan/Floor Plan
Zone Date: December 10, 2012 C:Vicinity Map
APN: 042-100-047 D: Zoning Map
1
■ Butte County Department of Development Services ■
■ October 28, 2015 ■ MUP15-0008 ■ Page 2 of 3 ■
The property is developed with an existing 1,900 square foot veterinary clinic, permitted
under Conditional Use Permit (UP 87-58). The clinic is served by an individual on-site
septic system and domestic well. Additional improvements include kennels, gravel parking
area, storage shed, and monument sign.
Access to the clinic and proposed caretaker’s quarter is provided by direct access off Muir
Avenue.
The project site is not located in the State Responsibility Area.
The project site is located in the Sphere of Influence for the City of Chico.
The area surrounding the project site primarily includes a single-family home in the General
Commercial zone to the south; a convenience store in the General Commercial zone to the
north; and, orchards in the AG-40 zone to the west and east. Public rights-of-way in the
vicinity of the project site include State Highway 32 (State) to the north and Muir Avenue
(County) to the west.
Direction General Plan Designation Zoning Existing Land Use(s)
North Retail and Office GC Convenience Store
South Retail and Office GC Single-Family Residential
East Agriculture AG-40 Orchards
West Agriculture AG-40 Orchards
ANALYSIS:
Butte County Code – Section 24-21 et seq. (Commercial and Mixed Use Zones)
The General Commercial zone allows Caretaker Quarters with a minor use permit, only in
conjunction with a permitted commercial use, and if single-family homes comply with all site
development standards for MDR zones as specified in Section 24-20 (Development Standards for
the Residential Zones).
Caretaker Quarters – A permanent residence that is provided as an accessory use to an non-
residential use, and is used to house an owner, operator, guard or caretaker, and his or her
family, to provide around around-the-clock service, support, care or monitoring of use and/or
site.
Butte County Code - Section 24-81 (Agricultural Buffers)
A 300-foot setback is required for a residential dwelling from any property line that abuts
Agriculture zones. The distance may be adjusted based upon the Agricultural Buffer Guidelines
as adopted by the Board of Supervisors or an Unusual Circumstances Review approved by the
Agricultural Commissioner.
Butte County Code - Section 24-222 (Findings)
To approve a minor use permit, the proposed project must comply with applicable standards in the
zoning ordinance, other County ordinances, the General Plan, County Improvement Standards,
and supported by the following findings:
A. The proposed use is allowed in the applicable zone.
The Butte County Code allows Caretaker’s Quarters in the General Commercial (GC) zone,
subject to the approval of a Minor Use Permit. The unit would be accessory to an existing
2
■ Butte County Department of Development Services ■
■ October 28, 2015 ■ MUP15-0008 ■ Page 3 of 3 ■
animal hospital, permitted under Conditional Use Permit (UP 87-58). The permit would
entitle permanent residency at the subject property to provide around-the-clock animal care
for animals kept at the clinic and on-call animal emergency services.
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 proposed caretaker’s unit is accessory to an existing veterinary clinic. The proposed unit
is located in an area of the property that would not interfere with the existing commercial use,
or the surrounding agricultural, commercial and residential uses. The Agricultural
Commissioner’s Office has reviewed the application and noted that the placement of the
building appears to be appropriate, ensuring compatibility with surrounding agricultural uses.
C. The proposed use will not be detrimental to the public health, safety, and welfare of the County.
The proposed structure will be developed with a Butte County Building Permit, with a septic
system installed with an approved Butte County Septic Permit. Approval of these permits
would ensure that the structure and supporting infrastructure will comply with State and local
regulations to ensure the highest standards in health, safety and welfare for the people of this
County.
D. The proposed use is properly located within the county and adequately served by existing or
planned services and infrastructure.
The Project has been reviewed by County agencies including Public Works, Environmental
Health, Fire, Agricultural Commissioner, and Building to ensure that project site has services
and infrastructure available to adequately serve the proposed unit.
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 caretaker’s quarters with the permitted veterinarian clinic. The
Agricultural Commissioner’s Office has reviewed the application and noted that the placement
of the building appears to be appropriate, ensuring compatibility with surrounding
agricultural uses.
AGENCY COMMENTS:
The project was reviewed by the Butte County Public Works Department, Butte County Environmental
Health Division, Butte County Fire Department/CalFire, and the Agricultural Commissioner’s Office. All
comments and conditions were incorporated into the project.
PUBLIC COMMENTS:
Staff had not received any comments at the time staff report was prepared.
ENVIRONMENTAL REVIEW
This project has been determined to be categorically exempt from the California Environmental Quality
Act (CEQA) provisions under Section 15303 (Class 3 - New Construction of Small Structures) and Section
15311 (Class 11 - Accessory Structures) of the CEQA Guidelines. Under the Class 3 exemption,
construction of a limited number of new, small structures including residences in urbanized area may be
3
■ Butte County Department of Development Services ■
■ October 28, 2015 ■ MUP15-0008 ■ Page 4 of 3 ■
considered exempt from CEQA. Additionally, under the Class 11 exemption, construction of minor
structures accessory to existing commercial, industrial, or institutional facilities may be also considered
exempt from CEQA, as the Project is defined in the Butte County Zoning Ordinance as an accessory use to
a non-residential use to provide support, which is consistent with this exemption.
4
■ Butte County Department of Development Services ■
■ October 28, 2015 ■ MUP15-0008 ■ Page 5 of 3 ■
ATTACHMENT A
ZONING ADMINISTRATOR DECISION ZDN15-00__
November 4, 2015
MINOR USE PERMIT MUP15-0008 (MWB Properties, LLC.)
Request for a 1,198 square foot caretaker quarters accessory to an existing animal hospital,
permitted with Conditional Use Permit (UP 87-58). The quarters would provide for permanent
residency on the property for around-the-clock animal care and on-call emergency services.
Assessor Parcel Number: 040-010-033
I. Find this project is categorically exempt from the California Environmental Quality Act
(CEQA) provisions under 14 CCR Section 15303 and 15311. Section 15303 exempts the
construction of a limited number of new, small structures including residences in urbanized
areas. Section 15311 exempts projects that are accessory to an existing commercial land
use.
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 Public Works. The location of the
record is 7 County Center Drive, Oroville CA 95965.
II. Make the following findings in support of granting approval, pursuant to Butte County
Code Section 24-222:
A. The proposed use is allowed in the applicable zone.
The Butte County Code allows Caretaker’s Quarters in the General Commercial (GC)
zone, subject to the approval of a Minor Use Permit. The unit would be accessory to
an existing animal hospital, permitted under Conditional Use Permit (UP 87-58). The
permit would entitle permanent residency at the subject property to provide around-
the-clock animal care for animals kept at the clinic and on-call animal emergency
services.
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 proposed caretaker’s unit is accessory to an existing veterinary clinic. The
proposed unit is located in an area of the property that would not interfere with the
existing commercial use, or the surrounding agricultural, commercial and residential
uses. The Agricultural Commissioner’s Office has reviewed the application and noted
that the placement of the building appears to be appropriate, ensuring compatibility
with surrounding agricultural uses.
C. The proposed use will not be detrimental to the public health, safety, and welfare of the
County.
The proposed structure will be developed with a Butte County Building Permit, with a
septic system installed with an approved Butte County Septic Permit. Approval of these
5
■ Butte County Department of Development Services ■
■ October 28, 2015 ■ MUP15-0008 ■ Page 6 of 3 ■
permits would ensure that the structure and supporting infrastructure will comply with
State and local regulations to ensure the highest standards in health, safety and welfare
for the people of this County.
D. The proposed use is properly located within the county and adequately served by
existing or planned services and infrastructure.
The Project has been reviewed by County agencies including Public Works,
Environmental Health, Fire, Agricultural Commissioner, and Building to ensure that
project site has services and infrastructure available to adequately serve the proposed
unit.
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 caretaker’s quarters with the permitted veterinarian
clinic. The Agricultural Commissioner’s Office has reviewed the application and noted
that the placement of the building appears to be appropriate, ensuring compatibility
with surrounding agricultural uses.
III. Finds the Project to be substantially consistent with applicable Goals and Policies of the
Butte County General Plan.
IV. Approves Minor Use Permit MUP15-0008 for the MWB Properties, LLC. c/o of Matthew
J. Bettencourt, subject to the conditions in Exhibit “A”
Approved By: ________________________, Zoning Administrator
Date: ______________
6
■ Butte County Department of Development Services ■
■ October 28, 2015 ■ MUP15-0008 ■ Page 7 of 3 ■
EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY ZONING ADMINISTRATOR October 28, 2015
DATE OF APPROVAL:
MUP15-0008
PERMIT NO.
040-010-033
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: MWB Properties, LLC. c/o Matthew J. Bettencourt is hereby granted
a Minor Use Permit to construct a 1,198 square foot caretaker quarters accessory to an existing
animal hospital, permitted with Conditional Use Permit (UP 87-58). The quarters would provide
for permanent residency on the property for around-the-clock animal care and on-call emergency
services.
1. As provided by Butte County Code §24-243, the effective date of this Minor Use Permit
shall be ten days following the action of the Zoning Administrator, unless appealed or
called up for review. Permits or other approvals may be issued only upon or following the
effective date, provided no appeal has been filed.
2. This approval shall expire and become void if not exercised within two years from the date
of approval, except where an extension of time is approved as provided in Butte County
Code §24-247.
3. The terms and conditions of this Minor Use Permit shall run with the land and shall be
binding upon and be to the benefit of the heirs, legal representatives, successors, and
assigns of the Permittee, provided the use has not been abandoned.
4. This Minor Use Permit may be revoked, or the conditions of approval modified, as
provided in Butte County Code §24-251.
5. Minor changes as provided by BCC Chapter 24, Article 34, Section 246 (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.
6. The applicant shall comply with all applicable federal, State and local statues and
regulations.
Conditions of Approval:
7
■ Butte County Department of Development Services ■
■ October 28, 2015 ■ MUP15-0008 ■ Page 8 of 3 ■
1. The applicant shall construct and operate the project in strict compliance with the approvals
granted herein, County standards, local ordinances, and in compliance with all State and
Federal laws, regulations, and standards. In the event of a conflict between County laws
and standards and a State or Federal law, regulation, or standard, the stricter or higher
standard shall control. Approved operations shall be managed and monitored to ensure
that activities do not constitute a public nuisance, as defined in State and local law. The
telecommunication facilities shall comply with all applicable building and electrical codes.
2. The applicant shall obtain all necessary building permits from the Butte County Building
Division for all proposed structures to be constructed at the project site. The applicant shall
submit building plans and specifications prepared by a California registered design
professional (engineer or architect) demonstrating compliance with the current California
Building Code requirements.
3. Prior to issuance of building permits, obtain an encroachment permit and improve all new
and existing driveway approaches to publicly maintained roads as specified in the county
improvement standards and the terms of the encroachment permit. Prior to constructing
facilities into, under, over, above, or upon any public street in the unincorporated area of
the county, obtain a utility permit from the Butte County Public Works Department.
Submittal of the improvement plans for review and approval by the Public Works
Department may be required depending on the facilities approved.
4. Prior to approval of building permits, the applicant shall obtain an On-Site Wastewater
System Construction Permit from the Butte County Environmental Health Division. The
applicant shall comply with the applicable requirements specified in the On-Site
Wastewater Ordinance (Chapter 19 of Butte County Code) in order for final approval to be
given to operate the on-site system.
5. The caretaker shall be employed by the commercial business for the purpose of care and
protection of persons, plants, animals, equipment, or other on-site facilities.
6. A minimum of one off-street parking space shall be provided for the caretaker unit.
7. The caretaker unit shall not be separately rented, let, or leased to other than the caretaker,
whether compensation be direct or indirect.
8. Prior to issuance of the Minor Use Permit, pay any outstanding project-related processing
fees.
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.
Date: ______________________ ________________________________________________
Applicant
8
9
10
11
¬«32
MUP15-0008
Chico Creek Animal HospitalMinor Use Permit
1:8,500
0 550 1,100 1,650275FeetLakes
Legend
Roads
Railroad
Streams
Project Location
®VICINITY MAP
M u i r
A v e n u e
Kennedy Avenue
12
ST32
AG-40
G-C
GI VLDR
VLDR-2.5AG-80
Request:File:MUP15-0008042-100-047
SupervisorialDistrict #2
Minor Use Permit
General CommercialMWB Properties, LLC.
Butte County Zone Districts
Assessor Parcel No:
¬
Zoning:Applicant/Owner:
0 340 680 1,020 1,360 1,700170Feet
Project Site
M u i r
A v e .
13