HomeMy WebLinkAboutZDN15-0012_MUP15-0008_110415Zoning Administrator Decision (ZDN) 15-0012
MUP15-0008
Date: November 4, 2015
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ZONING ADMINISTRATOR DECISION ZDN15-0012
November 4, 2015
MINOR USE PERMIT MUP15-0008 (MWB Properties, LLC.)
Request for a 1,198 square foot caretaker quarters accessory to an existing animal hospital,
permitted with Conditional Use Permit (UP 87-58). The quarters would provide for permanent
residency on the property for around-the-clock animal care and on-call emergency services.
Assessor Parcel Number: 042-100-047
I. Find this project is categorically exempt from the California Environmental Quality Act
(CEQA) provisions under 14 CCR Section 15303 and 15311. Section 15303 exempts the
construction of a limited number of new, small structures including residences in urbanized
areas. Section 15311 exempts projects that are accessory to an existing commercial land
use.
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 findings in support of granting approval, pursuant to Butte County
Code Section 24-222:
A. The proposed use is allowed in the applicable zone.
The Butte County Code allows Caretaker’s Quarters in the General Commercial (GC)
zone, subject to the approval of a Minor Use Permit. The unit would be accessory to
an existing animal hospital, permitted under Conditional Use Permit (UP 87-58). The
permit would entitle permanent residency at the subject property to provide around-
the-clock animal care for animals kept at the clinic and on-call animal emergency
services.
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 caretaker’s unit is accessory to an existing veterinary clinic. The
proposed unit is located in an area of the property that would not interfere with the
existing commercial use, or the surrounding agricultural, commercial and residential
uses. The Agricultural Commissioner’s Office has reviewed the application and noted
that the placement of the building appears to be appropriate, ensuring compatibility
with surrounding agricultural uses.
Zoning Administrator Decision (ZDN) 15-0012
MUP15-0008
Date: November 4, 2015
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C. The proposed use will not be detrimental to the public health, safety, and welfare of the
County.
The proposed structure will be developed with a Butte County Building Permit, with a
septic system installed with an approved Butte County Septic Permit. Approval of these
permits would ensure that the structure and supporting infrastructure will 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 has been reviewed by County agencies including Public Works,
Environmental Health, Fire, Agricultural Commissioner, and Building to ensure that
project site has services and infrastructure available to adequately serve the proposed
unit.
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 caretaker’s quarters with the permitted veterinarian
clinic. The Agricultural Commissioner’s Office has reviewed the application and noted
that the placement of the building appears to be appropriate, ensuring compatibility
with surrounding agricultural uses.
III. Make the following findings in support of an exception to the Agricultural Buffer Setback,
pursuant to Butte County Code Section 24-84:
A. The adjustment will not result in a modification to adjacent agricultural practices.
The placement of the proposed caretaker’s residence is located near an existing home,
and is situated as far as possible from adjacent agricultural zones. Therefore, the
placement is preferable to reduce any potential impacts of a new residence to adjacent
agricultural practices.
B. Unusual circumstances are present on the subject properties or surrounding properties
that render the 300-foot setback requirement infeasible or unnecessary. Unusual
circumstances include, but are not limited to, parcel size and shape, the location of
existing residences, infrastructure and other existing uses, and natural physical features
and topography.
The existing width of the subject property is 248.78 feet, and too small to feasibly apply
the 300-foot setback requirement from the eastern and western properties that are in
the Agriculture zone. The proposed placement of 128-feet from the eastern property,
and 135-feet from the western property, is the preferred location of the proposed
Zoning Administrator Decision (ZDN) 15-0012
MUP15-0008
Date: November 4, 2015
Page 3 of 3
residence.
C. The proposed dwelling is placed the greatest distance possible from all property lines
abutting an agriculture zone or other location that presents the least detriment to
agricultural practices on adjacent properties.
The proposed placement of the residence of 128-feet from the eastern property and
135-feet from the western property is the least detrimental location for a new homesite
adjacent to agricultural lands, and provides the least detrimental site to be affected by
adjacent agricultural practices.
D. The location of the proposed residence does not interfere with easements, septic
systems, or prior conditions of approval applicable to the subject property.
The proposed location has been reviewed by the Butte County Environmental Health
Division and the Public Works Department. No evidence has been provided to
demonstrate that the placement would interfere with easements, septic systems, or
other utilities.
IV. Finds the Project to be substantially consistent with applicable Goals and Policies of the
Butte County General Plan.
V. Approves Minor Use Permit MUP15-0008 for the MWB Properties, LLC. c/o of Matthew
J. Bettencourt, subject to the conditions in Exhibit “A”
Approved By: Pete Calarco, Zoning Administrator
Date: November 4, 2015