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MISCELLANEOUS PROJECT MISC19-0018 (Jean and Doug Magneson)
An application to Butte County for a Miscellaneous Project to determine the residential setback
from existing orchards and vineyards for a second dwelling subject to Butte County Code section
24-56.1. The subject property is located on the southeast corner of the Upper Palermo Road bend,
across from Carmel Avenue, at 6549 Upper Palermo Road, approximately 1.65 miles southeast of
the Oroville City Limits.
APN 027-070-060
ZONING ADMINISTRATOR DECISION ZDN19-0018
December 18, 2019
I. Makes the following findings for a residential setback recommendation as required by Butte
County Code (BCC) section 24-56.1:
A. The applicant’s development plans have been reviewed by the Agricultural Commissioner,
in consultation with Development Services in accordance with the requirements of section
24-56.1 of Butte County Code.
B. The recommended setback between the new residence and existing active orchard will
result in the proposed residence being as far away from the orchard or vineyard as
practicable, taking into account adjacent agricultural uses and practices, and does not limit
the allowed residential density permitted by the VLDR – 1.0 (Very Low Density
Residential – one-acre minimum) zone.
The setback shall comply with BCC Sec.24.56.1.A, Place residential buildings as far as
possible (practicable) from adjacent existing agricultural/ orchard operations.
Based on consultation with the Agricultural Commissioner’s Office and discussion by
Development Services, it was determined that the approximately 150-foot setback was
located as far as practicable from the orchard and still allow for the proposed use and for
potential division of the property in the future.
There are also orchards located to the west and north, across Upper Palermo Road, on
parcels that are zoned VLDR. The proposed home site location places it as far as
practicable from these orchards, 475 feet from the west and 370 feet from the north, with
the 150 foot setback from the east property line.
II. Approves Miscellaneous Project MISC19-0018 (residential setback from orchards and
vineyards) with the recommended residential setback as shown on Attachment C for Jean and
Doug Magneson.
Approved By: Pete Calarco
Date: December 18, 2019
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ATTACHMENT C
SITE LAYOUT MAP