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HomeMy WebLinkAboutTPM21-0015 Approval LetterDepartment of Development Services Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds March 16, 2022 Jess Freddie Price 3788 Clements Ridge Road Oroville, CA 95965 Re: Zoning Administrator Approval – TPM21-0015 (Price); APN: 041-080-145 Dear Applicant: At the Zoning Administrator meeting held on March 16, 2022, your request for a Tentative Parcel Map was approved. Should you desire to appeal the action of the Zoning Administrator, you must do so in writing, prior to 4:00 p.m., Saturday, March 26, 2021 to the: Department of Development Services Planning Division 7 County Center Drive Oroville, California, 95965 The appeal fee of $737.45 must be paid at that time. If you do not appeal within the 10 calendar-day appeal period, the action of the Zoning Administrator is final. Once the approval has become final, please contact the Butte County Public Works Department to complete the conditions of approval and record the Parcel Map. Public Works is located at 7 County Center Dr., Oroville, CA 95965, or can be reached by phone at 530.538.7681. Should you have any questions regarding this matter, please contact me at (916) 849-9929, or by email at aforde@buttecounty.net between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Austin Forde, Assistant Planner Cc: Matthew Clarke ATTACHMENT A: DRAFT ZONING ADMINISTRATOR DETERMINATION WITH CONDITIONS OF APPROVAL BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN22-0008 TENTATIVE PARCEL MAP TPM21-0015 (Jess Freddie Price) The project proposes to divide an 20.05 acre parcel, in the RCR-10 (Rural County Residential – 10.0-acre minimum) zone and RR (Rural Residential) General Plan designation, into two lots of 10.02 and 10.03 acres. The subject parcel is developed with a single-family dwelling and accessory structure. The subject parcel fronts on Circle J Road, and is bisected by Clements Ridge Road, both of them privately-maintained paved roads. The parcel frontage is unimproved without curb, gutter, and sidewalk. Resultant parcel 1 will retain access from Clements Ridge Road. Resultant parcel 2 will have access from an encroachment onto either Clements Ridge Road or Circle J Road. Both resultant parcels will be served by an on-site well and septic systems. APN: 041-080-145 March 16, 2022 I. The Zoning Administrator has considered Section 15061 (b) (3) Common Sense Exemption in accordance with the California Environmental Quality Act (CEQA), and adopts the Exemption with the following findings: A. Section 15061 (b) (3) applies to projects which can be seen with certainty that there is no possibility that the activity may have significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. B. On the basis of the whole record before the Zoning Administrator, there is no substantial evidence that the Tentative Parcel Map for Jess Freddie Price, Planning Division File No. TPM21-0015 would have a significant effect on the environment. C. 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. The Zoning Administrator approves Tentative Parcel Map TPM21-0005 for Jess Freddie Price, subject to the conditions found in Exhibit “A” and the following findings: A. The proposed map is consistent with the RCR-10 (Rural Country Residential, 10.0-acre minimum) zone. Proposed lots meet minimum parcel sizes and widths and support single-family residential development, consistent with the purpose of and allowed uses in the RCR- 10 zone (BCC sec. 24-18 D and sec. 24-19). B. The project is substantially consistent with applicable Goals and Policies of the Butte County General Plan based on the consistency review in the staff report. In addition, there is no substantial evidence in the whole record to support any of the findings in Government Code Section 66474 requiring denial of the tentative parcel map. C. The design and improvements of the proposed parcel map are consistent with County standards and policies provided all conditions of project approval are met. Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the project analysis and proposed project conditions. Design and improvements of the proposed Parcel Map are consistent with County standards and policies. D. The project site is physically suitable for the use and density of the proposed development. The proposed parcel sizes are consistent with the minimum parcel size requirement of the RCR-10 (10.0-acre minimum) zone. Future single-family residential development would be consistent with the primary allowed land uses in the RCR-10 zone. E. 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 parcel map provided the attached conditions are met. No easements would be abandoned with the proposed map. F. The project site is not located within an earthquake fault zone. There is only one known active fault within Butte County and it is located approximately 9 miles to the east. G. Approval of this project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with. No adverse or detrimental effects to the environment or public health, safety, and welfare have been identified as resulting from the project, from agency and departmental review, or from staff analysis. H. The roads in the project area have the capacity to handle the increase in vehicular traffic generated by the project. The addition of one or two residential dwellings would have a negligible effect on local or regional traffic. Approved By: Curtis Johnson, Assistant Director Date: March 16, 2022 EXHIBIT A Tentative Parcel Map for Jess Freddie Price on APN: 041-080-145, File # TPM21-0015: The project proposes to divide an 20.05 acre parcel, in the RCR-10 (Rural County Residential – 10.0-acre minimum) zone and RR (Rural Residential) General Plan designation, into two lots of 10.02 and 10.03 acres. The subject parcel is developed with a single-family dwelling and accessory structure. The subject parcel fronts on Circle J Road, and is bisected by Clements Ridge Road, both of them privately-maintained paved roads. The parcel frontage is unimproved without curb, gutter, and sidewalk. Resultant parcel 1 will retain access from Clements Ridge Road. Resultant parcel 2 will have access from an encroachment onto either Clements Ridge Road or Circle J Road. Both resultant parcels will be served by an on-site well and septic systems. I. CONDITIONS OF APPROVAL: Public Works D. PARCEL MAP 1. Show all easements of record on the parcel map. 2. Prior to recordation of the parcel map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. 3. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Public Health Department Environmental Health Division 1. Show the location of the existing water well and wastewater system for the parcel on the parcel map. 2. Show the Minimum Useable Wastewater Area (MUWA) for resultant parcel 1 with 15,000 total square feet and indicate “pressure distribution system” as a note on the parcel map. 3. Place a note on the parcel map stating “No water well can be located within 100 feet of the proven MUWA”. Butte County Fire Department/CAL FIRE 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the current adopted California Building and Fire Codes, the latest California Fire Safe Regulations – Public Resources Code 4290, 4291, and current Butte County Improvement Standards, whichever is stricter. 2. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and 20 feet wide for commercial, with 15 feet vertical clearance that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. 3. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet sating “Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter”. Butte County Agricultural Commissioner 1. Indicate 300 ft. Agricultural Buffer setback from Agriculture zone adjacent to the north restricting future residential development on recorded parcel map. Butte County Airport Land Use Commission 1. Prior to recordation of the parcel map, record as a separate instrument an Avigation Easement granting the right of continued use of the airspace above the proposed parcels by the Paradise Airport and acknowledging any and all existing or potential airport operational impacts. 2. Place a note on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet that states “An Avigation Easement is recorded above the parcels for the Paradise Airport and acknowledging any and all existing or potential airport operational impacts”. 3. Place a note on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet that states: “The project parcels are in the proximity of the Paradise Airport and are subject to aircraft overflight”. II. NOTATION A. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works 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.