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HomeMy WebLinkAboutTPM18-0001_ZA_Determination_Final  Butte County Department of Development Services   Zoning Determination – TPM18-0001/ Dave Anderson  Page 1 of 2  BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN20-0002 May 6, 2020 TENTATIVE PARCEL MAP TPM18-0001 (Dave Anderson) A Tentative Parcel Map TPM18-0001, filed by Dave Anderson, to subdivide a 523.91-acre property (two parcels) situated in the AG-40 (Agriculture – 40-acre minimum parcel size) and AG-160 (Agricultural – 160-acre minimum parcel size) zones into three parcels of 200.05 acres, 161.51 acres and 162.35 acres. Assessor Parcel Numbers: 041-030-153, 041-030-154 and 041-320-035 I. The Zoning Administrator has considered the Initial Study and Mitigated Negative Declaration in accordance with requirements of the California Environmental Quality Act (CEQA), and adopts the Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said Study identified potential significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; B. The Zoning Administrator has considered the Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Zoning Administrator, including the Initial Study and any comments received, there is no substantial evidence that the Tentative Parcel Map for Dave Anderson, Planning Division File No. TPM18-0001, with conditions and mitigations here attached, would have a significant effect on the environment. D. The custodian of the record is the Land Development Division of the Public Works Department. The location of the record is 7 County Center Drive, Oroville CA 95965. E. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c)(3)). III. Approves Tentative Parcel Map TPM18-0001 for Dave Anderson, subject to the conditions found in Exhibit “A” and the following findings: A. The project is consistent with AG-40 (Agriculture, 40-acre minimum parcel size) and AG- 160 (Agricultural, 160-acre minimum parcel size) zones and the Agriculture General Plan Land Use designation. The division will enable the creation of parcels of 160 acres and larger in size that are capable of supporting residential and agricultural land uses, including grazing, permitted in the AG-40 and AG-160 zones. General Plan Goals and Policies applicable to the project  Butte County Department of Development Services   Zoning Determination – TPM18-0001/ Dave Anderson  Page 2 of 2  are identified in the General Plan Consistency Review table, contained in the project’s agenda report. The findings in the table conclude that the project is consistent with each applicable goal and policy. B. The design and improvements of the proposed parcel map are consistent with County’s standards and policies, provided all conditions of project approval are complied with. The project is consistent with design and improvement standards established for on-site sewage disposal, domestic water from a groundwater well, and access. C. The project site is physically suitable for the type and density of the proposed development. The parcels are established at a density consistent with zoning, which is capable of supporting residential and agricultural land uses, including grazing, permitted by the AG- 40 and AG-160 zones. D. The design and improvements of the project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design and improvements of the project were evaluated with an Initial Study prepared pursuant to the California Environmental Quality Act. The Study did not identify any significant adverse impacts to the environmental caused by the project, provided that recommended mitigation measures are incorporated into the project. E. Approval of this project will not be detrimental to the public health, safety, and welfare. The project has been reviewed by County and State agencies for consistency with regulations established to protect the health, safety, and welfare of the public, including regulations relating to sewage disposal, domestic water, and access. Conditions are included with the project that would ensure that the project will not be detrimental to the public. F. The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision provided the attached conditions are met. A search of the preliminary title report for the subject property did not identify any public access easements that would conflict with the proposed design of the project. Approved By: Pete Calarco, Zoning Administrator Date: May 6, 2020