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HomeMy WebLinkAboutZDN16-0014_MUP16-0004_062216Zoning Administrator Decision (ZDN) 16-0014 MUP16-0004 Date: June 22, 2016 Page 1 of 5 ZONING ADMINISTRATOR DECISION ZDN16-0014 June 22, 2016 MINOR USE PERMIT MUP16-0004 (Honker Bay Ranch) (Amendment to Conditional Use Permit (UP09-0003) Request to increase the annual number of outdoor special events that may be held at the existing outdoor commercial recreation facility from 12 to 35 events. Assessor Parcel Number: 030-340-043 & 030-340-035 I. Certify the Addendum to the previously adopted Initial Study/Mitigated Negative Declaration, prepared pursuant to California Environmental Quality Act (CEQA), and subject to the following findings: A. The Addendum to the previously certified IS/MND was prepared pursuant to CEQA Section 15162 and 15164. The Addendum evaluated the proposed amendments to the Approved Project, any change in circumstances, or any new information since the IS/MND was certified, to determine if an additional environmental review or preparation of a subsequent MND or EIR to the IS/MND is required. B. The proposed amendments to the Approved Project that increases the total number of events at the facility from 12 to 35 would not cause new significant effects not identified in the MND, nor would it increase the level of environmental effects to substantial or significant, and, hence no new mitigation measures would be necessary to reduce significant effects. C. No changes have occurred with respect to circumstances surrounding the proposed project that would cause new or substantially more severe significant environmental effects than were identified in the 2009 IS/MND. D. No new information has become available that shows that the project would cause new or substantially more severe significant environmental effects which have not already been analyzed in the 2009 IS/MND E. On the basis of the whole record before the Zoning Administrator, including the Addendum, Initial Study/Mitigated Negative Declaration, and any comments received, there is no substantial evidence that the Project would have a significant effect on the environment. F. The Addendum and Initial Study/Mitigated Negative Declaration reflects the independent judgement and analysis of the County. G. 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. Make the following findings in support of granting approval, pursuant to Butte County Code Section 24-222: Zoning Administrator Decision (ZDN) 16-0014 MUP16-0004 Date: June 22, 2016 Page 2 of 5 A. The proposed use is allowed in the applicable zone. The use has operated under an approved Conditional Use Permit (UP09-0003), and has been in compliance with the conditions of said permit. Butte County Code allows Special Events Facilities in the Rural Residential (RR) zone, subject to the approval of a Minor Use Permit, pursuant to §24-175.2, including all applicable standards specified in §24-175.2. The proposed amendment would increase the frequency of the existing uses from 12 to 35 events per year, with all other components of the permit to remain the same. The proposed increase in the number of events and operational standards meet the applicable standards detailed in the ordinance, which are reflected in the existing permit and proposed amendment. 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 project would not increase the operating characteristics of the existing facility, only the frequency of the events. No increase in daily traffic volumes, noise levels, parking, and other characteristics of the use are anticipated because no increase in the number of guests are proposed beyond that which had been previously evaluated and approved for. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. No evidence of public health, safety and welfare issues have been identified with the existing use, and the proposed project would not increase the number of guests approved for the facility. Future structures constructed on the facility will be developed with a Butte County Building Permit. Approval of permits would ensure that structures 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, and Building to ensure that the project site has the services and infrastructure available to adequately serve the proposed facility. 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 has been reviewed and is consistent with the development and operation standards detailed in BCC §24-175.2. As such, the property has physical characteristics capable of accommodating the proposed project, and would be compatible with the surrounding uses. III. Finds the Project to be substantially consistent with applicable Goals and Policies of the Butte County General Plan. Zoning Administrator Decision (ZDN) 16-0014 MUP16-0004 Date: June 22, 2016 Page 3 of 5 IV. Approves Minor Use Permit MUP16-0004 for Honker Bay Ranch c/o Jack Smith, subject to the conditions in Exhibit “A” Approved By: Pete Calarco, Zoning Administrator Date: June 22, 2016 Zoning Administrator Decision (ZDN) 16-0014 MUP16-0004 Date: June 22, 2016 Page 4 of 5 EXHIBIT A MINOR USE PERMIT BUTTE COUNTY ZONING ADMINISTRATOR June 22, 2016 DATE OF APPROVAL: MUP16-0004 (Amendment No. 1 to UP09-0003) PERMIT NO. 030-340-043 & 030-340-035 ASSESSOR’S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Honker Bay Ranch c/o Jack Smith is hereby granted a Minor Use Permit to increase the annual number of outdoor special events that may be held at the existing outdoor commercial recreation facility from 12 to 35 events. 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 Permittee, 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 246 (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. 6. The applicant shall comply with all applicable federal, State and local statues and regulations. Zoning Administrator Decision (ZDN) 16-0014 MUP16-0004 Date: June 22, 2016 Page 5 of 5 Conditions of Approval: Note: Except as specifically provided herein, all terms, conditions and requirements of Conditional Use Permit UP09-0003 shall continue to apply. 1. The applicant shall construct and operate the project in strict compliance with the approvals granted herein, County standards, local ordinances, and in compliance with all State and Federal laws, regulations, and standards. In the event of a conflict between County laws and standards and a State or Federal law, regulation, or standard, the stricter or higher standard shall control. 2. The applicant shall obtain all necessary building permits from the Butte County Building Division for any proposed structures to be constructed at the project site. The applicant shall submit building plans and specifications prepared by a California registered design professional (engineer or architect) demonstrating compliance with the current California Building Code requirements. 3. Public access to potable water for the purposes of consumption or sanitation shall be restricted to supply from bottled water for consumption and self-contained service trailers from an approved source for hand-washing. If at any time the applicant makes domestic water supply to the studio/shop available for sanitation purposes, annual bacteriological sample results shall be provided to Environmental Health. If at any time the applicant makes any domestic water supply on the property available for consumption and/or sanitation purposes to guests, then all required State Public Water System conditions shall apply and be enforced by Environmental Health. 4. Prior to issuance, the applicant shall prepare an Emergency Plan, to the satisfaction of Butte County Fire/CalFire. The must include emergency evacuation procedures, procedures for handling medical emergencies and other types of emergencies, and training provided for staff on how to implement the emergency plan. 5. Prior to issuance of the Minor Use Permit, the property owner shall record an Avigation Easement/Notice of Proximity of Airport, associated with the Oroville Municipal Airport. 6. Pay the applicable County Wide Transportation Impact Fee in effect at the time of issuance of Building Permits. 7. Prior to issuance of the Minor Use Permit, pay any outstanding project-related processing fees. 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