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HomeMy WebLinkAboutMUP16-0015 ZDN Attachment A ■ Butte County Department of Development Services ■ February 15, 2017 ■ Foster MUP16-0015 ■ Page 6 of 12 ■ 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. ■ Butte County Department of Development Services ■ February 15, 2017 ■ Foster MUP16-0015 ■ Page 7 of 12 ■ 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. ■ Butte County Department of Development Services ■ February 15, 2017 ■ Foster MUP16-0015 ■ Page 8 of 12 ■ 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.