HomeMy WebLinkAboutMUP16-0015 Agenda Report_Final with ZDN # ■ Butte County Department of Development Services ■
February 15, 2017 ■ Foster MUP16-0015 ■ Page 1 of 12 ■
BUTTE COUNTY ZONING ADMINISTRATOR
AGENDA REPORT – February 15, 2017
EXECUTIVE SUMMARY:
The agricultural worker housing center is a preexisting nonconforming use: the unit was
constructed, as a bunkhouse, in 1946 prior to the current zoning regulations requiring approval of
a Conditional Use Permit. The Minor Use Permit would allow expansion of the agricultural worker
housing center by 800 square feet (from 800 to 1,600 square feet), per Butte County Code (BCC)
Section 24-122 D. In addition to approval of the Minor Use Permit, approval of a Williamson Act Consistency Review application is also necessary. The project is Categorically Exempt from
environmental review under section 15303(c) of the CEQA Guidelines. Staff recommends
approval of this Minor Use Permit with findings and conditions.
PROJECT DESCRIPTION:
The project is an expansion of a preexisting nonconforming 800 square foot agricultural worker
housing center to 1,600 square feet in order to support and enhance its existing use as a residence
for a family member employed in the beef cattle operation.
SITE CHARACTERISTICS AND SURROUNDING USES:
• The project parcel contains a house (2,000 square feet), shop (3,800 square feet), agricultural
worker housing center (800 square feet), and hay barn (3,500 square feet).
Applicant: Holly Foster Sheldon, Robert
Foster
Location: 3078 Durham-Pentz Road
(southwest corner of Durham-
Pentz and Williams Roads) in
Butte Valley. Owner: Foster Sheldon Robert & Nancy
File #: MUP16-0015
Request: Minor Use Permit for an
expansion of preexisting
agricultural worker housing center on a Williamson Act
property from 800 to 1,600
square feet.
Supervisor
District:
5
Project
Planner:
Tristan Weems,
Assistant Planner
Parcel Size: 408.6 acres
Attachments:
G.P. : Agriculture A: Zoning Administrator Decision
Zoning: AG-40 and AG-160 B: Minor Use Permit
Zone Date: December 10, 2012 C: Aerial Exhibit
APN: 041-130-036 D: Site Layout Map
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• A beef cattle operation is the primary agricultural use of the property.
• The project parcel is 408.6 acres and zoned AG-40 (Agriculture – 40-acre minimum) and AG-160 (Agriculture – 160-acre minimum).
• The site and surrounding properties are primarily grazing lands. The property is subject to an
ongoing Williamson Act contract.
• Butte College Campus is located approximately ¼ mile to the northeast.
ANALYSIS
• The existing agricultural worker housing center has been on the parcel since 1946, prior to
the time the property was enrolled in the Williamson Act in 1976 (verified by Butte County Assessor’s notes from 1969) and prior to the current adopted Zoning Ordinance (2012).
• The agricultural worker housing center exists on an agricultural parcel used in a historic cattle
ranching operation (in existence since 1888).
• The location is the site of a historic homestead (Homestead Certificate No. 1228, Application 1922 granted to John Knox on June 9, 1884), and a residence has existed at this location since
that time. The Foster Family has owned the property and ranching operation since 1945. The
parcel includes two residences, agricultural shop, hay/livestock barn, accessory agricultural
buildings, and livestock working facilities (corrals, etc.).
• The Zoning Ordinance provides for an intensification of a non-conforming use through
approval of a Minor Use Permit. The provision for an Intensification of Use (BCC §24-122
D.) stipulates:
o 1. The enlargement of a structure or site occupied by a nonconforming use, or the intensification in any way of the operation of a nonconforming use, shall require the approval of a Minor Use Permit; and
o 2. To approve a proposed intensification to a nonconforming use, the Zoning
Administrator shall make all findings in Section 24-125 (Findings).
• The subject parcel is 408.6 acres in size; sufficient to support two Williamson Act grazing contracts (minimums are 160 acres). The owners contemplated a parcel split. However, due
to the presence of Durham-Pentz Road dividing the parcel and the amount of acreage that exists
on the northern (approximately 144 acres) versus southern (approximately 264 acres) sides of
the road it was not a realistic option. In other words, a single parcel in the AG-160 would not solely exist on the northern side of Durham-Pentz Road, it would be partly on the north and partly on the south.
• The agricultural worker housing center, per BCC Section 24-14-G, shall be occupied by
agricultural employees. The family members of an agricultural employee residing in
agricultural worker housing are allowed occupants.
• Per BCC Section 24-14-G, the owners will need to sign a deed restriction limiting the
building’s use to agricultural worker housing. The covenant of restriction to run with the land
shall be recorded which specifies that the agricultural worker housing center cannot be sold
separately, that the housing shall only be used to house agricultural workers and their families, and that these restrictions shall be binding on successors in ownership.
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Findings for Expansion of a Nonconforming Use
Section 24-125 specifies the following findings that must be made if approving a Minor Use
Permit. Facts in support of the necessary findings are provided in italics below.
A. Available evidence indicates that the nonconforming use or structure was legally established.
The agricultural worker housing center has been on the parcel since the 1946 (verified by
Butte County Assessor’s notes from 1969), prior to the time a Conditional Use Permit was
required of agricultural worker housing centers (Butte County General Plan/Zoning Ordinance 2012) and prior to 1962, when building permits were required.
B. The nonconforming use or structure has not resulted in a notable negative impact or
nuisance to the surrounding area.
The presence of the agricultural worker housing center (made non-conforming with the
adoption of the Zoning Ordinance in 2012) has not resulted in a notable negative impact or nuisance to the surrounding area. There have not been any complaints on the dwelling to date.
C. The nonconforming use or structure is compatible with the general character of the
surrounding area.
The nonconforming use is compatible with the general character of the surrounding area. The surrounding parcels are zoned AG-40, AG-160 and RCR-10, all of which, unless encumbered by the Williamson Act (for the AG parcels) allow for agricultural worker
housing centers (AG parcels – with Conditional Use Permit).
D. The proposed action is compatible with the purpose and intent of the applicable zone.
The proposed action is compatible with the purpose and intent of the applicable AG-40 and AG-160 zones, which allow for agricultural worker housing centers.
Minor Use Permit Findings
Section 24-222 of Butte County Code specifies the following findings that must be made if
approving a use permit or minor use permit. Facts in support of the necessary findings are provided in italics below.
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 proposed expansion of a preexisting non-conforming agricultural worker housing center meets the criteria per Article 22. The findings for Article 22 are shown above.
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.
Review and recommendation by the Williamson Act Committee and approval by the Board
of Supervisors (a condition of this Minor Use Permit) will determine whether this use
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compatible with the current Williamson Act grazing contract. Zoning regulations in the
AG zone allow for an agricultural worker housing center with a Conditional Use Permit.
Staff’s review has concluded the impacts of the 800 square foot expansion of this agricultural worker housing center are compatible with the existing and future land uses in the vicinity of the subject property. The applicant’s project description notes the
proposed expansion is to support and enhance its existing use as a residence for a family
member employed in the beef cattle operation. Furthermore, to ensure that the expansion
does not negatively affect agricultural operations, the owners have incorporated the following into their project plans:
1. Minimal [relative to large parcel size] expansion of building footprint to allow
for uninterrupted access of agricultural equipment and livestock trucks to the
parcel; and
2. Placement of updated septic and leach field to allow for equipment and livestock truck access to cattle loading chute/corrals.
The agricultural grazing operation is not impacted by this expansion. The expansion is
minimal compared to the overall size of the parcel and the structure will continue to meet
zoning setbacks.
C. The proposed use will not be detrimental to the public health, safety, and welfare of the
County.
The proposed expansion will not be detrimental to the public health, safety, and welfare of
the County as a result of its construction or use. A building permit is required for
construction of the expansion, which will ensure it will adhere to building safety standards
in the California Building Code.
D. The proposed use is properly located within the County and adequately served by existing or proposed services and infrastructure.
3078 Durham-Pentz Road is adequately served by existing or proposed services and
infrastructure necessary to support the expansion of the preexisting agricultural worker
housing center. The building code requires that they have an adequate source of power (i.e. PG&E) and the Butte County Public Health, Environmental Health Division requires that adequate septic and water needs have been met.
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 agricultural worker housing center expansion with
the existing and future land uses in the vicinity of the subject property. The size of the
subject property (408.6 acres) is large enough to accommodate two Williamson Act
contracts if the property were split; each allowing a single family residence. The distances to the nearest neighbors (½ mile to the east, 1 mile to the west, ¾ mile to the north and 1 ½ mile to the southeast) mitigate any potential impacts due to the expansion.
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ENVIRONMENTAL REVIEW
This application is for a Minor Use Permit to allow the 800 square foot expansion of a preexisting
non-conforming agricultural worker housing center on property encumbered by a Williamson Act
grazing contract. 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 staff report was prepared.
ACTIONS FOR CONSIDERATION
Staff recommends that the Zoning Administrator find the project is exempt from CEQA and
approve MUP16-0015 with findings and conditions.
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ATTACHMENT A
BUTTE COUNTY ZONING ADMINISTRATOR
DECISION ZDN17-0003 MINOR USE PERMIT MUP16-0015 (Holly Foster Sheldon and Robert Foster)
A Minor Use Permit (MUP) to allow for expansion of a preexisting non-conforming use
(agricultural worker housing center on a parcel encumbered by a Williamson Act grazing contract)
per BCC §24-122 D. This MUP authorizes expansion of an preexisting, nonconforming agricultural worker housing center (800 square feet to 1,600 square feet) located at 3078 Durham-
Pentz Road, Oroville.
APN 041-130-036
February 15, 2017
I. Finds 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. Makes the following findings for expansion of the nonconforming use as required by Butte
County Code (BCC) section 24-125:
Findings for Expansion of a Nonconforming Use
Section 24-125 specifies the following findings that must be made if approving a Minor Use
Permit. Facts in support of the necessary findings are provided in italics below.
A. Available evidence indicates that the nonconforming use or structure was legally
established.
The agricultural worker housing center has been on the parcel since the 1946 (verified by
Butte County Assessor’s notes from 1969), prior to the time a Conditional Use Permit was
required of agricultural worker housing centers (Butte County General Plan/Zoning
Ordinance 2012) and prior to 1962, when building permits were required.
B. The nonconforming use or structure has not resulted in a notable negative impact or nuisance to the surrounding area.
The presence of the agricultural worker housing center (made non-conforming with the
adoption of the Zoning Ordinance in 2012) has not resulted in a notable negative impact
or nuisance to the surrounding area. There have not been any complaints on the dwelling to date.
C. The nonconforming use or structure is compatible with the general character of the
surrounding area.
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The nonconforming use is compatible with the general character of the surrounding area.
The surrounding parcels are zoned AG-40, AG-160 and RCR-10, all of which, unless
encumbered by the Williamson Act (for the AG parcels) allow for agricultural worker housing centers (AG parcels – with Conditional Use Permit).
D. The proposed action is compatible with the purpose and intent of the applicable zone.
The proposed action is compatible with the purpose and intent of the applicable AG-40
and AG-160 zones, which allow for agricultural worker housing centers.
III. Makes the following findings for the Minor Use Permit as required by Butte County Code
section 24-222:
Minor Use Permit Findings
Section 24-222 of Butte County Code specifies the following findings that must be made if
approving a use permit or minor use permit. Facts in support of the necessary findings are
provided in italics below.
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 proposed expansion of a preexisting non-conforming agricultural worker housing
center meets the criteria per Article 22. The findings for Article 22 are shown above.
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.
Review and recommendation by the Williamson Act Committee and approval by the Board
of Supervisors (a condition of this Minor Use Permit) will determine whether this use
compatible with the current Williamson Act grazing contract. Zoning regulations in the AG zone allow for an agricultural worker housing center with a Conditional Use Permit. Staff’s review has concluded the impacts of the 800 square foot expansion of this
agricultural worker housing center are compatible with the existing and future land uses
in the vicinity of the subject property. The applicant’s project description notes the
proposed expansion is to support and enhance its existing use as a residence for a family member employed in the beef cattle operation. Furthermore, to ensure that the expansion does not negatively affect agricultural operations, the owners have incorporated the
following into their project plans:
1. Minimal [relative to large parcel size] expansion of building footprint to allow
for uninterrupted access of agricultural equipment and livestock trucks to the parcel; and
2. Placement of updated septic and leach field to allow for equipment and livestock
truck access to cattle loading chute/corrals.
The agricultural grazing operation is not impacted by this expansion. The expansion is
minimal compared to the overall size of the parcel and the structure will continue to meet zoning setbacks.
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C. The proposed use will not be detrimental to the public health, safety, and welfare of the
County.
The proposed expansion will not be detrimental to the public health, safety, and welfare of the County as a result of its construction or use. A building permit is required for construction of the expansion, which will ensure it will adhere to building safety standards
in the California Building Code.
D. The proposed use is properly located within the County and adequately served by existing
or proposed services and infrastructure.
3078 Durham-Pentz Road is adequately served by existing or proposed services and infrastructure necessary to support the expansion of the preexisting agricultural worker
housing center. The building code requires that they have an adequate source of power
(i.e. PG&E) and the Butte County Public Health, Environmental Health Division requires
that adequate septic and water needs have been met.
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 agricultural worker housing center expansion with the existing and future land uses in the vicinity of the subject property. The size of the subject property (408.6 acres) is large enough to accommodate two Williamson Act
contracts if the property were split; each allowing a single family residence. The distances
to the nearest neighbors (½ mile to the east, 1 mile to the west, ¾ mile to the north and 1
½ mile to the southeast) mitigate any potential impacts due to the expansion.
IV. Approves Minor Use Permit MUP16-0015 for Robert and Holly Foster, subject to the 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.
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ATTACHMENT B
EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY ZONING ADMINISTRATOR February 15, 2017
DATE OF APPROVAL
MUP16-0015
PERMIT NO.
041-130-036
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: Robert and Holly Foster are hereby granted a Minor Use Permit for
expansion of an existing nonconforming 800 square foot agricultural worker housing center to
1,600 square feet in order to support and enhance its existing use as a residence for a family
member employed in the beef cattle operation.
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.
Conditions of Approval:
The applicant shall comply with all applicable federal, State and local statues and regulations.
1. The existing Williamson Act contract encumbering the subject parcel shall be rescinded,
and simultaneously entered into new contract(s) if so required by the County and conform
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to all rules and procedures in effect at the time of approval of the Minor Use Permit. The
applicant shall be responsible for submitting all applicable applications to modify the
existing contracts, together with all applicable fees.
2. The Minor Use Permit and the new Williamson Act contract(s) for the subject parcel shall be recorded concurrently upon a determination by the Butte County Board of Supervisors
that the proposed Minor Use Permit and contract amendment are consistent with the
County’s Williamson Act program.
3. The expansion of an existing nonconforming agricultural worker housing center shall be
constructed in substantial conformance with the approved site plan.
4. Prior to issuance of the Minor Use Permit, pay any outstanding project-related processing
fees.
5. 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
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ATTACHMENT C AERIAL
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ATTACHMENT D SITE LAYOUT MAP