HomeMy WebLinkAbout#18-0004 2018-04-26 RESOLUTION DENYING THE APPEAL OF REQUEST FOR DETERMINATION RFD17-0005RESOLUTION PC18-0004
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
DENYING THE APPEAL OF REQUEST FOR DETERMINATION RFD17-0005
WHEREAS, on August 21, 2017 Little Dry Creek Farm LLC submitted written Request for
Determination RFD17-0005 for interpretation of the Zoning Ordinance by the Zoning Administrator
requesting a single family home on an approximately 504.3 acre property in the AG -80 (Agriculture — 80 -
acre minimum) zone on Assessor Parcel Number APN 022-030-017 located at the southeast corner of
Afton and Aguas Frias Roads, approximately 7.4 miles west of the City of Biggs; and
WHEREAS, the Zoning Administrator found the subject property, together with APNs 022-030-
015 and 022-030-018, comprise a total of approximately 602 acres, is used as a "natural habitat/duck club"
and is subject to the requirements of the December 11, 2007 Little Dry Creek Farm Open Space
Habitat/Managed Wetlands Land Conservation Agreement (2007 Williamson Act Contract) and the Butte
County Administrative Procedures and Uniform Rules for Implementing the California Land
Conservation (Williamson) Act; and
WHEREAS, on October 3, 2017, the Butte County Zoning Administrator responded in writing to
the August 21, 2017 Request for Determination determining, based on several factors of existing use,
Zoning and the 2007 Williamson Act Contract limitations, that a residence in conjunction with habitat
conservation/managed wetlands is not a permitted use on the subject property; and
WHEREAS, Little Dry Creek Farm LLC filed an appeal of the Zoning Administrator's October 3,
2017 determination on October 13, 2017; and
WHEREAS, on March 5, 2018, the Butte County Land Conservation (Williamson) Act Advisory
Committee considered a request for a determination regarding the consistency of the proposed single
family home with the 2007 Williamson Act Contract (Land Conservation Agreement Consistency Review
LCA17-0005) and unanimously recommended to the Board of Supervisors that that no residence is
allowed on the subject property under the Butte County Williamson Act program.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission makes the following
findings and determinations and denies the October 13, 2017 appeal of Request for Determination
RFD 17-0005:
I. Hunting activities conducted on the subject property constitute a "hunting and fishing club"
as defined by Butte County Code (BCC) §24-304.
[Evidence: Materials submitted on August 21, 2017 by Little Dry Creek Farm requesting
RFD] 7-0005 describe the current use of the property as "natural habitat/duck club ". The
reserved rights of the landowner in the May 2003 Warranty Easement Deed by and
between Little Dry Creek Farm, et al. and the United States Department of Agriculture
Commodity Credit Corporation encumbering approximately 496.3 acres of the 504.3 acre
subject parcel include "undeveloped recreational uses, including hunting and fishing, and
including leasing of such rights for economic gain ". The webpage .for the California
Waterfowl Association's Hunt Program List of'Sacramento Valley Hunts does list three
hunts, including hunts ivith fees, for the Little Dry Creek Farm p•operly.J
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II. As described in the August 21, 2017 Request for Determination, the proposed residential
structure and its proposed use would not constitute a single family home as defined by
BCC §24-304. The proposed structure would constitute a new permanent improvement to
the hunting and fishing club use of the property is therefore not allowed under BCC §24-
13 (Table 24-13-1, Footnote 7). Even if the proposed residential structure was consistent
with the definition of a single family home, it would not be allowed as the home would be
a permanent improvement that is incidental, related and clearly subordinate to the existing
hunting clubhouse use and is therefore not allowed under BCC §24-13 (Table 24-13-1,
Footnote 7).
[Evidence: Materials submitted on August 21, 2017 by Little Dry Creek Farm requesting
RFD] 7-0005 describe the proposed residential structure as having "4 living areas under
I roof (2 bedrooms per area) " and "build with in 100' ofthe kitchen area ofthe warehouse
with a covered walk way". The proposed residential structure would not include a
separate kitchen and instead utilize the existing kitchen in the agricultural storagelhunting
clubhouse building. By definition, a single family home is designed for occupancy by one
family and provides "complete, independent living facilities... including permanent
provisions for living, sleeping, eating, cooking, and sanitation. " By utilizing the kitchen
in the existing agricultural storage building/hunting clubhouse, the proposed residential
structure would be incidental, related and clearly subordinate to the hunting clubhouse
use. This would constitute anew permanent improvement to the hunting and fishing club
use of the property and is therefore not allowed under BCC §24-13 (Table 24-13-1,
Footnote 7).J
DULY PASSED AND ADOPTED this 26'" day of April 2018, by the following vote:
AYES: Commissioners Grundmann, Kennedy, Chase, Donati and John
NOES: None
ABSENT: None
ABSTAIN: None
Z T:
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MCMIL AN, S cretary
anning Commission
County of Butte, State of California
Larry Grut ma , Chair
Planning Commission
County of Butte, State of California
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