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■ Butte County Department of Development Services ■ ■ May 25, 2016 ■ Down Range Investments, LLC MUP16-0003 ■ Page 1 of 12■
BUTTE COUNTY ZONING ADMINISTRATOR
AGENDA REPORT – May 25, 2016
EXECUTIVE SUMMARY:
The minor use permit would allow a drive through coffee kiosk. The project is Categorically Exempt from environmental review under Section 15303(c) Class 3 (New Construction or
Conversion of Small Structures). Staff recommends approval of this Minor Use Permit with
findings and conditions.
PROJECT DESCRIPTION:
The proposal has two drive through lanes each with a required 5 car queuing length and a minimum
12 foot drive aisle width. In addition to the drive-up windows there will be a walk-up window for
customers of Down Range Indoor Training. There are numerous existing structures on the parcel
with a total of 32,500 square foot area. The drive through coffee kiosk is proposed to be
approximately 16’ x 31’. There are no additional development phases or projects are anticipated during, or after, the proposed addition of the Code-3 drive through. The proposed development of
the coffee drive through is less than 0.2% of total site and is located near SR 99E and Garner Lane
Applicant: North Valley Building Systems,
Inc. Location: 13407 Garner Lane, Chico,
approximately 3,000 feet
northwest of the Chico City
Limits, located on the northwest corner of the Garner Lane and Highway 99 intersection.
Owner: Down Range Investments, LLC
File #: MUP16-0003
Request: Minor Use Permit for a
proposed drive through coffee
facility.
Supervisor
District:
2
Project
Planner:
Tristan Weems,
Assistant Planner
Parcel Size: 9.1 acres
Attachments:
G.P. : GC (General Commercial) A: Zoning Administrator Decision
Zoning: GC (General Commercial) / C-2
North Chico Specific Plan
Overlay
B: Minor Use Permit
Zone Date: December 10, 2012 C: Exhibit Map
APN: 006-400-059 D: Site Plan
E: Elevation
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intersection. Code 3 Coffee is anticipating the creation of two full-time manager positions and up
to twelve full-time barista positions. The anticipated hours of operation are 24 hours a day, or as
needed. SITE CHARACTERISTICS AND SURROUNDING USES:
• The site is currently developed as an indoor gun range (Down Range Indoor Training Center)
training, and retail sales, with an additional area for the display/sales of modular homes
(Golden West Homes). Site has been commercially developed for many years prior to this submittal.
• The project parcel is 9.1 acres and generally flat.
• The project site has been disturbed, developed and paved over prior to the proposed Code 3
Coffee Drive-Through.
• The parcel is located at 13407 Garner Lane, Chico, approximately 3,000 feet northwest of the
Chico City Limits, located on the northwest corner of the Garner Lane and Highway 99
intersection.
• Site is surrounded by SR 99E. Surrounding properties are predominately commercial, with a golf course to the south, church to the north, residences to the east, and industrial uses to the
west.
ANALYSIS
• The property is located within the North Chico Specific Plan area and designated General Commercial/C-2.
• Table 24-22-1 of the Zoning Ordinance allows for a Drive-Through Facility subject to approval
of a Minor Use Permit (BCC §24-123) compliant with the Drive-Through Facilities code section (BCC §24-160).
• BCC §24-93 Table 24-93-1 requires one parking space per 350 square feet of floor area. The
proposed project meets the requirement of one parking space for the 500 square foot facility.
• The Butte County Department of Public Works analyzed the site plan for conformance with access regulations and has determined with the site design features shown meet accessibility
standards.
• The Environmental Health Division analyzed their wastewater production and the system has
been upgraded. In addition, the applicant submitted plans to the Consumer Protection Division and are being reviewed. Environmental Health conditions for the proposed drive through coffee kiosk have been met.
• Code 3 Coffee is not expected to be a destination location nor increase the traffic flow currently
experienced on either Garner Lane or Highway 99. The facility will allow commuters and residents who already drive through the intersection of Highway 99 and Garner Lane, a closer
location than other coffee shops. Thus, no significant additional traffic impacts are projected.
• The Butte County Building Division has remarked that the plans show an accessible path of
travel from existing parking spaces for persons with disabilities to the walk-up window.
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• Per code section (BCC §24-160) the minimum drive aisle width requirement has been met, the
drive through coffee facility will be screened by landscape berms or low garden walls prior to
building permit final, and the required five car queuing length has been met. No drive-through aisle exits directly onto a public street or alley. No noise from the speaker boxes shall be audible beyond the property line.
MINOR USE PERMIT FINDINGS
The proposed project meets the necessary findings BCC §24-222 to approve a minor use permit.
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 General Commercial zone allows for a drive-through facility with approval of
a Minor Use Permit.
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 “Code 3 Coffee” drive-thru location will be adequate for the projected
traffic increase and meet the Public Works’ standard of a five car queue length. Striping (pavement marking) will also provide traffic management for the facility. The size of the facility is accommodated by the general parcel size and leaves satisfactory room for traffic management. The operating characteristics, defined largely by traffic impacts, was
evaluated by the Department of Public Works and was deemed acceptable. It is expected
that the drive-through facility will not result in a significant increase in the number of vehicle trips along Highway 99, instead, the drive-through facility will serve as a convenience for drivers otherwise travelling in the vicinity.
C. The proposed use will not be detrimental to the public health, safety, and welfare of the
County.
The proposed use permit has been reviewed by the Department of Public Works, Environmental Health Division of Public Health and the Building Division of the Department of Development Services and all conditions are listed below.
D. The proposed use is properly located within the County and adequately served by existing
or proposed services and infrastructure.
The proposed use is properly located within the County, it is also located within the North Chico Specific Plan Area and zoned C-2. It is adequately served by existing services and infrastructure. Environmental Health concerns have been addressed and their conditions met: the applicant received permits for the upgrade to the wastewater system, and it has
been permitted and they have submitted plans to the Consumer Protection Division and
they are being reviewed.
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
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ensure compatibility of the proposed use with the existing and future land uses in the
vicinity of the subject property. The General Commercial zoning supports the proposed
use with this Minor Use Permit. All Environmental Health conditions for the proposed drive through coffee kiosk have been met, and Public Works findings and conditions are outlined below. Public Works has given their approval of the site plan as shown which
ensures adequate traffic circulation and flow for the existing and future land uses.
ENVIRONMENTAL REVIEW
This application is for a Minor Use Permit to allow for the new construction of a small structure,
less than 2,500 square feet. The project is Categorically Exempt from environmental review under Section 15303(c) (New Construction or Conversion of Small Structures).
PUBLIC COMMENTS
Staff had not received any comments at the time the staff report was prepared.
ACTIONS FOR CONSIDERATION
Staff recommends that the Zoning Administrator finds the project is exempt from CEQA and
approve MUP16-0003 with conditions.
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ATTACHMENT A
BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN16-0011 MINOR USE PERMIT MUP16-0003 (Down Range Investments, LLC)
A Minor Use Permit (MUP) to allow for the Code 3 Drive-Through Coffee Kiosk in the GC zone
located at 13407 Garner Lane, Chico, on the northwest side of the Garner Lane and Highway 99 intersection.
APN 006-400-059
May 25, 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 MUP16-0003:
MINOR USE PERMIT FINDINGS
The proposed project meets the necessary findings BCC §24-222 to approve a minor use permit
subject to the findings and conditions in Exhibit “A”.
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 General Commercial zone allows for a drive-through facility with approval of a Minor Use Permit. The drive-through facility is permitted under Table 24-22-1 with
approval of a Minor Use Permit.
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 “Code 3 Coffee Drive-Thru” location will be adequate for the projected traffic increase and meet the Public Works’ standard of a five car queue length. Striping
(pavement marking) will also provide traffic management for the facility. The size of the
facility is accommodated by the general parcel size and leaves satisfactory room for traffic
management. The operating characteristics, defined largely by traffic impacts, have been evaluated by the Department of Public Works and have been deemed acceptable. It is expected that the drive-through facility will not result in a significant increase in the
number of vehicle trips along Highway 99, instead, the drive-through facility will serve as
a convenience for drivers otherwise travelling in the vicinity.
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C. The proposed use will not be detrimental to the public health, safety, and welfare of the
County.
The proposed use permit has been reviewed by the Department of Public Works, Environmental Health Division of Public Health and the Building Division of the Department of Development Services and all conditions are listed below.
D. The proposed use is properly located within the County and adequately served by existing
or proposed services and infrastructure.
The proposed use is properly located within the County, it is also located within the North Chico Specific Plan Area and zoned C-2. It is adequately served by existing services and infrastructure. Environmental Health concerns have been addressed and their conditions
for the proposed drive through coffee kiosk have been met: the applicant applied for the
upgrade to the wastewater system, and it has been permitted and they have submitted plans
to the Consumer Protection Division and they are being reviewed.
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. The General Commercial zoning supports the proposed use with this Minor Use Permit. All Environmental Health conditions for the proposed
drive through coffee kiosk have been met, and Public Works findings and conditions are
outlined below. Public Works has given their approval of the site plan as shown which
ensures adequate traffic circulation and flow for the existing and future land uses.
F. 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.
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ATTACHMENT B
EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY ZONING ADMINISTRATOR May 25, 2016
DATE OF APPROVAL
MUP16-0003
PERMIT NO.
006-400-059
ASSESSOR’S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Down Range Investments, LLC is hereby granted a Minor Use Permit
for a Drive-Through Facility to be located at 13407 Garner Lane, Chico on the southwest side of the Garner Lane and Highway 99 intersection.
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.
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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.
PUBLIC WORKS:
3. Prior to issuance of Building Permits a plan for a permanent solution for drainage shall be
submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural
or publicly maintained drainage channel or facility and shall provide that there shall be no
increase in the peak flow runoff to said channel or facility.
4. Pay the applicable drainage fees in effect at the time of issuance of Building Permits for the Chico Urban Area
5. A Construction Storm Water Permit will be required by the State Water Resources Control
Board if the project results in a disturbance (including clearing, excavation, filling, and
grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a
permit. The Permit must be obtained from the State Water Resources Control Board prior to
construction.
6. Pay the applicable County Wide Transportation Impact Fee and North Chico Road and Bridge Impact Fee in effect at the time of issuance of Building Permits.
7. Install Pavement Marking as depicted on the Minor Use Permit Site Plan to prevent traffic
congestion at the entrance to the North bound service drive isle. Striping will be included on
the Site Improvement Plans to be approved by Public Works prior to commencement of the site work.
PLANNING DIVISION
8. Prior to issuance of building permits, applicant shall submit a landscaping plan which satisfies the requirements of Article 21 of the Zoning Ordinance. Drive through aisles shall be screened
by landscape berms or low garden walls.
9. Noise emanating from speakers or microphone stations for the placing or receiving of customer
orders shall not be audible beyond the property line.
10. Signage shall be limited to that authorized pursuant to Article 20 of the Zoning Ordinance.
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.
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Date: ______________________ ________________________________________________
Applicant
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ATTACHMENT C VICINITY MAP
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ATTACHMENT D SITE PLAN
ATTACHMENT E
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ELEVATION