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HomeMy WebLinkAboutMUP16-0001 ZA DeterminationATTACHMENT A BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN16-0006 MINOR USE PERMIT MUP16-0001 (Rod Johnston) A Minor Use Permit (MUP) for the expansion of a legal non-conforming structure. The proposed carport would maintain the present interior side setback of 5.3 feet and would be added to the existing garage and residence. APN 017-140-050 March 16, 2016 I. Find this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15303(c). Section 15303(c) exempts new construction or conversion of small structures. 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 Minor Use Permit findings and approve Minor Use Permit MUP16- 0001, subject to the following conditions. 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 22 (Nonconforming Uses and Structures). The current Foothill Residential (FR) zone allows for the enlargement of a legal non- conforming structure pursuant to Section 24-125 (Findings) with approval of a Minor Use Permit. Section 24-125 Findings: A. Available evidence indicates that the nonconforming use or structure was legally established. The residence and garage were legally established and permitted. B. The non-conforming use or structure has not resulted in a notable negative impact or nuisance to the surrounding area. The non-conforming nature of the structure relates only to side setback distances resulting in no registered complaints from neighbors. No comments were received through the noticing procedure. C. The non-conforming use or structure is compatible with the general character of the surrounding area. The non-conforming structure is a residence and garage, the proposed addition would be a carport, which are permitted in Residential Zones. D. The proposed action is compatible with the purpose and intent of the applicable zone. The purpose of the Foothill Residential zone is to allow for the appropriate development of large-lot single family homes...and related uses in the foothill areas of the county. Carports fall under appropriate residential accessory uses. 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 of the proposed addition will match the existing interior side setback of the garage, its size, design and operating characteristics are compatible with the existing and future land uses in the vicinity of the subject property and align with the intent and purpose of the Foothill Residential zoning designation. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The proposed addition and encroachment into the current 10 foot interior side setback will not be detrimental to the public health, safety, and welfare of the County. The legal preexisting garage and residence maintains a 5.3 foot interior side setback, without complaint by neighbors and no comments have been received on this project through the public noticing procedure. D. The proposed use is properly located within the County and adequately served by existing or proposed services and infrastructure. 4550 Jason Court is served by publically maintained Centerville Road and is adequately served by existing or proposed services and infrastructure. 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 of the subject property. 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. Nothing changes the character of this Foothill Residential lot, the existing interior side setback of 5.3 feet will not change. The proposed use is compatible with the allowed accessory structures described in Table 24-156-1 and will not change the current and future land use compatibility. III. Make the following findings to allow the encroachment into the current 10 foot interior side setback by 4.7 feet through the expansion of a legal non-conforming structure. A. The proposed setback will be identical to what was built when the property was previously zoned FR-2. B. The nearest residential dwelling is located approximately 225 feet to the northeast. III. Approves Minor Use Permit MUP16-0001 for the Rod Johnston, subject to the findings and conditions in Exhibit “A” A. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Article 24 Land Use Compatibility Standards and Article 31, Minor Use Permits. Conditions of approval have been applied to this project pursuant to the applicable requirements of Butte County Code Chapter 24. ATTACHMENT B EXHIBIT A MINOR USE PERMIT BUTTE COUNTY ZONING ADMINISTRATOR March 16, 2016 DATE OF APPROVAL MUP16-0001 PERMIT NO. 017-140-050 ASSESSOR’S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: The Rod Johnston is hereby granted a Minor Use Permit for the expansion of a legal non-conforming structure into 4.7 feet of the 10 foot setback of the Foothill Residential Zone. 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 Permitee, 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 26 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: 1. Prior to issuance of the Minor Use Permit, pay any outstanding project-related processing fees. 2. Prior to any construction, secure building permits from the Building Division of the Department of Development Services. 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 Minor Use Permit, and that I agree to abide fully by said conditions. Date: ______________________ ________________________________________________ Applicant