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HomeMy WebLinkAboutUP16-0002 RESOLUTIONATTACHMENT A: RESOLUTION NO. 16-11 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT UP 16-0002 (Marin Ventures, LLC) WHEREAS, the Planning Commission has considered Conditional Use Permit UP16-0002 by Marin Ventures, LLC to construct a 35-foot tall illuminated, conventional, double sided off- site sign along Hwy 70. The sign will be located on the southern portion of the parcel located on Assessor’s Parcel Number 025-240-090. WHEREAS, the Planning Commission has found the project exempt in accordance with the California Environmental Quality Act; and WHEREAS, said conditional use permit application was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on August 25, 2016; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15303. Section 15303 exempts new construction and 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 Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Approves the Conditional Use Permit UP16-0002 subject to the following findings and the conditions of approval found in Exhibit “A”: A. The project is consistent with the Butte County General Plan. The proposed use is commercial and performs an important function in support of the local and regional economy in the County. B. The project is consistent with the Criteria for Granting Use Permits, identified in Butte County Code Section 24-222, as follows: Butte County Code - Section 24-222 (Findings) To approve a Conditional 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. Under Table 24-105-1, Allowed Signs in Commercial, Mixed Use, and Public Zones, In the General Commercial Zone permits a maximum of one sign, 672 square feet in area and 35 feet tall. Under section 24-102(C.), Zones Abutting Residential Zones, a conditional use permit is required for any freestanding, freeway, or off-site sign on any commercial, mixed use or industrial zone that abuts a residential zone. This sign would be the only off-site sign on the property and the applicant proposes a 480 square foot area. 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, size, and design of this sign not result in any significant impact on the viewshed of the neighboring properties to the north or south. The northerly properties are 1,800’ + away. To the south, neighboring properties are, 1,200’+ away. The sign will have very little impact when compared to the two existing off-site signs also located off Hwy 70 which are considerably closer to the southerly properties. The illumination of the sign has been addressed in the Project Description, Analysis and the photometric study (Attachment D) provided by the applicant. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. A Butte County Building Permit is required for the proposed structure. Approval of the building permit would ensure that the structure and supporting infrastructure would 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 site meets the criteria for the proposed development. Butte County Department of Public Works, Division of Environmental Health, and Cal-Fire ensure, through review, that the project meets existing development criteria. Existing public facilities and services are adequate for the needs of the proposed sign. 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 off-site sign consistent with County requirements. DULY PASSED AND ADOPTED this 25nd Day of August, 2016, by the following vote: AYES: Commissioners Chase, Donati, Grundmann, John, Chair Kennedy NOES: None ABSENT: None ABSTAIN: None ______________________________ Mary Kennedy, Chair Planning Commission County of Butte, State of California ATTEST: _____________________________ Kim McMillan, Secretary Planning Commission County of Butte, State of California EXHIBIT A: CONDITIONAL USE PERMIT BUTTE COUNTY PLANNING COMMISSION __ August 25, 2016 __________ DATE: UP16-0002__________ ___ PERMIT NO. ASSESSOR’S PARCEL NO. 025-240-090 Conditional Use Permit UP16-0002 by Marin Ventures, LLC to construct a 35-foot tall illuminated, conventional, double sided off-site sign along Hwy 70. The sign will be located on the southern portion of the parcel located on Assessor’s Parcel Number 025-240-090. I. GENERAL REQUIREMENTS, CONDITIONS, AND RESTRICTIONS: 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Conditional Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works 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. 4. If any use for which a Conditional Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Conditional Use Permit. 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke the Permit. II. CONDITIONS OF APPROVAL: Planning Division, Department of Development Services: 1. Installation and major maintenance to the sign shall only take place during dry soil conditions to avoid impacts to the ground and any species present on the parcel. Change of copy and minor maintenance not involving heavy equipment is not subject to this condition. 2. Access across the subject property to the sign shall be limited to the point shown off Pacific Heights Road shown on the approved site plan along the westerly property lines to the sign. Future alterations to the approved access may be considered pursuant to section 24-246 (c.) of the Zoning Ordinance 3. Prior to establishing use, applicant shall obtain all necessary permits from the California Department of Transportation. Land Development Division, Department of Public Works: 4. Prior to establishing use, 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 improvement plans for review and approval by the Public Works Department may be required depending on the facilities proposed.