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Butte County Department of Development Services
August 25, 2016 Agenda Report – Marin Ventures, LLC UP16-0002 Page 1 of 19
BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT – August 25, 2016
Applicant: Marin Ventures, LLC Location: The project site is located at
5832 Pacific Heights Road, Oroville, south of Vineyard Lane, approximately 3 miles
south of the Oroville City
limits.
Owner: Victor J. Dezzani
File #: UP16-0002 Parcel Size: 28.70± acres
Request: Approval of a 480 square foot, 35-foot tall, double faced
illuminated, conventional, off-
site sign.
Supervisor District: 4
Planner: Tristan Weems
Assistant Planner
G.P.: Retail and Office Attachments
Zoning: G-C (General Commercial)
A: Resolution No. 16-__
B: Vicinity Map and General
Plan/Zoning Map
APN: 025-240-090 C: Site and Building Plans
D: Photometric Study
EXECUTIVE SUMMARY:
The applicant is requesting approval of a Conditional Use Permit for a 480 square foot, 35-foot tall, off-site sign along Hwy 70 at APN 025-240-090. The subject property is approximately 28.7
acres and is zoned G-C (General Commercial), with a General Plan designation of Retail and
Office.
Staff recommends the Planning Commission find the project Categorically Exempt pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines
and approve Conditional Use Permit UP16-0002, subject to the findings and conditions in Exhibit
A.
PROJECT DESCRIPTION
Butte County Department of Development Services
August 25, 2016 Agenda Report – Marin Ventures, LLC UP16-0002 Page 2 of 19
The applicant is requesting approval of a Conditional Use Permit to allow the construction,
operation and repair of a 480 square foot, 35-foot tall, double faced, illuminated, conventional,
off-site sign. Highway 70 bounds the subject property to the East, and South, with Pacific Heights
Road to the West and Vineyard Lane (private road) to the North. The sign would be located on the subject property adjacent to the west side of Highway 70, approximately 1,100 feet north of
the intersection of Highway 70 and Palermo Road.
SITE CHARACTERISTICS
• The subject property is 28.70± acres. The property is generally level with a slight downward
slope at the southernmost portion of the property.
• The nearest residences are 1,800 feet to the north (relatively flat topography) and 1,200 feet
to the south (with intervening topographic features).
• The property is vacant except for a concrete building pad and adjacent septic field in the
northwestern portion of the parcel.
• There are two existing illuminated conventional billboards located approximately 700 feet
south (35’ tall) and 400 feet southeast (40’ tall) of the building site across Highway 70.
SURROUNDING LAND USES
Surrounding land uses include orchards, residential development, and resource conservation.
There is a large parcel zoned Resource Conservation to the east with two double sided, illuminated
off-site signs, General Commercial and Very Low Density Residential to the south, Agricultural
20 acre minimums to the west and Very Low Density Residential and Resource Conservation and
General Commercial to the north.
Direction General Plan Designation Zoning Existing Land Use(s)
North Very Low Density
Residential, Retail and
Office, Recreation
Commercial
VLDR, G-C,
REC-1
Across Vineyard Lane, single-
family residences and the
Dingerville Golf Club and RV
Resort
South Very Low Density
Residential & Retail and
Office
VLDR, G-C Single-family residences,
agriculture (orchards &
grazing) and commercial uses.
East Resource Conservation RC Two double sided, illuminated
off-site signs
West Agriculture AG-20 Agricultural (orchards) and
single-family residences.
ANALYSIS
Butte County Department of Development Services
August 25, 2016 Agenda Report – Marin Ventures, LLC UP16-0002 Page 3 of 19
The Zoning Ordinance provides the following regulations for an off-site sign:
• Pursuant to 24-102 C. Zones Abutting Residential Zones: A Conditional Use Permit shall
be required for any freestanding, freeway, or off-site sign proposed on any Commercial, Mixed-Use, or Industrial zone that abuts a residential zone. There are three adjacent Very Low Density Residential (VLDR) zoned parcels to the north.
• Pursuant to 24-104 C. Illumination: All signs may be illuminated from an internal or
external light source.
Lighting
The proposed conventional billboard has two shielded luminaires or fixtures per side. The
shielding protects from light pollution (trespass). The result is that the illumination only affects
the billboard itself.
Illuminated signs are a permitted use in commercial zones. However, due to the presence of residences relative to the location of the proposed project site (1,200’ south and 1.800’ north), the discretionary nature of this project, and Appendix G of the CEQA Guidelines’ question whether
the project would create a new source of substantial light or glare which would adversely affect
day or nighttime views in the area, staff focused its analysis on this issue. The introduction of any
light source has the potential to impact neighboring residences to the north and to the south.
A thorough review of relevant CEQA literature provided no example of conventional billboard light pollution standards. In addition, beyond allowing illuminated signs and off-site signs in
general, the Zoning Ordinance is devoid of any light pollution standard for conventional billboards.
Instead, the Ordinance provides maximum illumination standards for digital billboards.
The Zoning Ordinance regulates light pollution for digital billboards. Digital billboards are also prevalent in a review of relevant CEQA documents. The difference between a digital billboard and a conventional billboard is the type of light and its impact on sensitive receptors.
Conventional billboards are externally illuminated and project a focused light onto the sign face.
The illumination comes through reflection of a light source. In contrast, digital billboards project
a light source out and away from the sign face. Such a sign is luminous.
The standard in the Zoning Ordinance and relevant CEQA documents for maximum luminance of digital billboards is 0.3 footcandles at 250’ (§ 24-106 E. 3. b.). The Zoning Ordinance also
stipulates that the foot-candle rating from any adjacent residential zone must not exceed 0.1
footcandles (§ 24-105 E. 3. c.).
The applicant has submitted a photometric study to provide additional information regarding lighting of the proposed off-site sign (Attachment D). The foot-candle readings reflected for the plan view are six feet above ground (the typical vantage point of a person). The photometric
software program took into account the various sign and lighting specific characteristics such as:
fixture type, lens type, number of fixtures, distance between fixtures, height of fixtures from
ground, size of display area, height of display area, etc. in developing the study. As indicated on the attached photometric study, the light impacts on the surrounding areas will not exceed 0.1-foot candles at 100’ from the sign.
Butte County Department of Development Services
August 25, 2016 Agenda Report – Marin Ventures, LLC UP16-0002 Page 4 of 19
The photometric studies for this project prove that the light pollution will be significantly less than
either standard. The foot-candle ratings are 0.1 at 100’ from a 6’ high vantage point directly in
front of the sign. The foot-candle ratings along the plane (radiating out from along the surface of
the sign) are 0.1 at 50’. The nearest residential sensitive receptors are 1,200’ and 1,800’ away to the south and to the north, respectively.
Lack of illuminated billboard light pollution standards in the Zoning Ordinance or the relevant
CEQA review had us compare conventional and digital signs. Even though the signs are different
types, they are, when taken for total impact, reasonably comparable. After evaluation of the
photometric studies, the light pollution to the nearest sensitive receptors is less than significant when compared to accepted digital billboard standards.
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 will not result in any significant impact on the viewshed of the neighboring properties to the north or south. The northerly properties are 1,800 feet + 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
Butte County Department of Development Services
August 25, 2016 Agenda Report – Marin Ventures, LLC UP16-0002 Page 5 of 19
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.
General Plan Consistency
This project site is designated “Retail and Office (RTL)” in the Butte County General Plan. The Retail and Office designation allows structures and activities providing a full range of merchandise
and services to the public, as well as professional/office uses.
General Plan 2030 Goals and Policies Consistency Review
LAND USE ELEMENT
GOAL LU-G1 Continue to uphold and respect the planning principles on which the County's
land use map is based.
Consistent. Discussion of the policies below reviews this goal.
LU-P1.2 The County shall promote economic
development and job-generating industry in unincorporated areas.
Consistent. The proposal will support economic
development by providing a media service to local and surrounding businesses and by
improving their customer base.
LU-P1.9 The County shall allow commercial
services and retail within unincorporated communities.
Consistent. The Property is zoned General
Commercial and the proposed project is a commercial and retail service to local businesses:
It will increase their exposure to potential customers.
GOAL LU-G2 Provide for orderly, well-planned
and balanced growth that maintains private property rights.
Consistent. Discussion of the policies below
reviews this goal.
LU-P2.2 Economic use and value of private property shall be maintained. Consistent. The economic value of the proposed location for the off-site sign is clear through the
proposed use of the property to advertise.
ECONOMIC DEVELOPMENT ELEMENT
GOAL ED-1 Improve the local economy by diversifying the economy, reducing the
unemployment rate, increasing business revenues to the County, and increasing
wages.
Consistent. Discussion of the policies below reviews this goal.
ED-P1.2 The County shall encourage a full range
of commercial services at the regional, community and neighborhood levels.
Consistent. This off-site sign helps encourage
commercial services that potentially impact regional, community and neighborhood levels of
commerce.
Zoning Consistency
Butte County Department of Development Services
August 25, 2016 Agenda Report – Marin Ventures, LLC UP16-0002 Page 6 of 19
The proposal is compliant with the relevant sections of the Zoning Ordinance pertaining to off-site
signage. In the G-C zone, one (1) off-site sign is permitted up to 672 square feet, and 35 feet tall
(Table § 24-105-1). The proposed sign is 480 square feet in area and 35 feet tall. The sign is
illuminated and exempt from the requirements of Article 14. Outdoor Lighting which apply to all outdoor lighting in residential zones (§ 24-63 Applicability).
Pursuant to § 24-102 C. Zones Abutting Residential Zones: a Conditional Use Permit shall be
required for any freestanding, freeway, or off-site sign proposed on any Commercial, Mixed-Use,
or Industrial zone that abuts a residential zone. There are three Very Low Density Residential (VLDR) zoned parcels adjacent, 1,800’ away to the north. This Conditional Use Permit will fulfill
this requirement.
Pursuant to § 24-104 C. Illumination: all signs may be illuminated from an internal or external
light source. The proposed off-site sign is externally illuminated and is consistent with this requirement.
BUTTE COUNTY DEPARTMENTS AND OTHER AGENCIES REVIEW
Comments/conditions were received from the Butte County Department of Development Services;
Butte County Public Works; Butte County Environmental Health, Butte County Fire, and other Agencies were reviewed and implemented into the proposed project conditions. Cal-Trans
received a copy of the application packet, and returned no comment.
PUBLIC COMMENTS
There have been no public comments received as of the writing of the staff report. ENVIRONMENTAL REVIEW/CEQA ISSUES:
In compliance with Section 15303 of the CEQA Guidelines, New Construction or Conversion of
Small Structures, this project is exempt from CEQA review. The distances involved between the
proposed conventional billboard and sensitive receptors mitigate the potential impacts from the illuminated billboard. The supporting photometric studies (Attachment D) prove this.
Butte County Department of Development Services
August 25, 2016 Agenda Report – Marin Ventures, LLC UP16-0002 Page 7 of 19
ATTACHMENT 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:
Butte County Department of Development Services
August 25, 2016 Agenda Report – Marin Ventures, LLC UP16-0002 Page 8 of 19
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.
Butte County Department of Development Services
August 25, 2016 Agenda Report – Marin Ventures, LLC UP16-0002 Page 9 of 19
DULY PASSED AND ADOPTED this 25nd Day of August, 2016, by the following vote:
AYES:
NOES: ABSENT:
ABSTAIN:
______________________________
Mary Kennedy, Chair Planning Commission
County of Butte, State of California
ATTEST:
_____________________________ Kim McMillan, Secretary
Planning Commission
County of Butte, State of California
Butte County Department of Development Services
August 25, 2016 Agenda Report – Marin Ventures, LLC UP16-0002 Page 10 of 19
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
Butte County Department of Development Services
August 25, 2016 Agenda Report – Marin Ventures, LLC UP16-0002 Page 11 of 19
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.
Butte County Department of Development Services
August 25, 2016 Agenda Report – Marin Ventures, LLC UP16-0002 Page 12 of 19
IV. APPLICANT ACCEPTANCE AND ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL:
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 Conditional Use Permit, and that I agree to abide fully by said conditions.
Dated: ___________ Applicant
NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health
Department permits, nor does it waive any other requirements.
Butte County Department of Development Services
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ATTACHMENT B: VICINITY MAP
Butte County Department of Development Services
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ATTACHMENT C: SITE AND BUILDING PLANS
Butte County Department of Development Services
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Butte County Department of Development Services
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Butte County Department of Development Services
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ATTACHMENT D: PHOTOMETRIC STUDY 100’ PLAN VIEW
Butte County Department of Development Services
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ATTACHMENT D: PHOTOMETRIC STUDY SIDE VIEW
Butte County Department of Development Services
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