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Butte County Department of Development Services
November 20, 2024 Agenda Report – TPM24-0002 Graham Page 1 of 13
BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – November 20, 2024
Applicant: Tyra Graham Location: The project site is located at 6590 Upper Palermo Road near the intersection between Bohemia Avenue and Maple
Avenue.
Owners: Tyra Graham
File #: TPM24-0002
Request: Tentative Parcel Map to
subdivide 9.99 acres into three single-family residential lots with sizes of 6.99 acres (Parcel 1); 1.50 acres (Parcel 2); and
1.50 acres (Parcel 3).
Supervisor
District: 1
Parcel Size: 9.99 ± acres
Planner: Tristan White, Assistant Planner
G.P.: VLDR Attachments:
Zoning: VLDR (Very Low Density
Residential)
A:
Draft Zoning Administrator Decision with attached Conditions of Approval
(Attachment A)
APN: 026-030-006 B: Vicinity Map
C: Zoning Map
D:
Tentative Parcel Map
RECOMMENDED ACTION:
Staff recommends the Zoning Administrator find the project exempt under CEQA Guidelines Section 15061 (b) (3) Common Sense Exemption pursuant to the California Environmental Quality Act (CEQA) and approve Tentative Parcel Map TPM24-0002, subject to findings and conditions
in Attachment A.
EXECUTIVE SUMMARY
The applicant proposes a Tentative Parcel Map to subdivide 9.99 acres in the very Low Density Residential (VLDR) zone into three single-family residential lots with sizes of 6.99 acres (Parcel 1); 1.50 acres (Parcel 2); and 1.50 acres (Parcel 3). The project parcel is currently developed with a single-family dwelling and assorted accessory structures. Resultant Parcel 1 would retain all
development and Parcels 2 & 3 will be undeveloped.
Butte County Department of Development Services
November 20, 2024 Agenda Report – TPM24-0002 Graham Page 2 of 13
The project site is within the Sphere of Influence of the City of Oroville and is located at 6590 Upper Palermo Road near the intersection between Bohemia Avenue and Maple Avenue; APN:
026-030-006.
PROJECT DESCRIPTION:
• The project proposes to divide a 9.99-acre property into three parcels (6.99, 1.50, and 1.50 acres). The parcel is located in the VLDR (Very Low Density Residential) zoning.
• The project parcel is accessed via Upper Palermo Rd, a county-maintained roadway. Access to resultant Parcel 1 would maintain access through Upper Palermo Road. Resultant Parcel 3 would also obtain access through Upper Palermo Rd. Resultant Parcel 2 would gain access through a 30ft access & public utility easement through the south property line.
• The parcels will be served by individual septic systems and connection to California Water
Service.
SITE CHARACTERISTICS:
• The project site is 9.99 acres. The project site is currently developed with a single-family
dwelling, a mobile home, an assortment of accessory structures, two wastewater systems, and
two water wells.
• Resultant Parcel 1 would retain all development.
• Resultant Parcels 2 & 3 would be undeveloped.
• There is an existing pond on the southwest portion of the site.
• The topography of the project site is largely flat, ranging from 200ft to 225ft above seal level sloping upwards from west to east.
• This project is located within the Local Responsibility Area (LRA) and is not within a Fire
Hazard Severity Zone, Butte County Fire Department has jurisdiction.
• The project site is not located within a 100-year mapped flood zone. The project would not expose people or structures to flood hazard from severe storm events.
• The project site’s predominant soil texture is sandy clay loam which is part of soil group C.
• The project site is within the Sphere of Influence of the City of Oroville and is subject to the City of Oroville road standards per Butte County General Plan Circulation Element Policy
CIR-P6.3.
Butte County Department of Development Services
November 20, 2024 Agenda Report – TPM24-0002 Graham Page 3 of 13
SURROUNDING USES:
• The surrounding parcels range in size from 0.59 acres to 10.0 acres.
Direction General Plan Designation Zoning Existing Land Use(s) North Very Low Density Residential VLDR Single-family/open space/light agriculture South Very Low Density Residential VLDR Single-family/open space/light agriculture East Very Low Density Residential VLDR Single-family/open space
West Very Low Density Residential VLDR Residential
ANALYSIS:
• There are no structures proposed with this project.
• The subject property is zoned VLDR (Very Low Density Residential) and designated as VLDR
by the General Plan.
• This project site is located in Flood Zone X, where the annual flood risk is between 1% and 0.2%. The project would not expose people or structures to flood hazard from severe storm
events.
Zoning Consistency
Very Low Density Residential (VLDR). The purpose of the VLDR zone is to allow for single-family homes and related uses in residential neighborhoods within the county. Standards for the VLDR zone are intended to preserve and protect the character of existing neighborhoods and to ensure that new residential neighborhoods provide an appropriate transition from rural to more
developed areas. Permitted residential uses in the VLDR zones include single-family homes, small residential care homes, accessory dwelling units, animal grazing, on-site agricultural product sales, and private stables. The VLDR zone also conditionally permits non-residential uses compatible with a residential setting, including public and quasi-public uses, golf courses, park and
recreational facilities, personal services, animal-keeping, large residential care homes, and medical
offices and clinics. The minimum permitted parcel size in the VLDR zone is one (1) acre. The
VLDR zone implements the Very Low Density Residential land use designation in the General Plan.
The proposed project includes the creation of three lots (all 1.50 acres or larger). The proposed project development is consistent with this zone.
BUTTE COUNTY DEPARTMENTS AND OTHER AGENCIES REVIEW
Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the project analysis and proposed project conditions. All requirements are included in Exhibit A – Conditions of Approval.
Butte County Department of Development Services
November 20, 2024 Agenda Report – TPM24-0002 Graham Page 4 of 13
Butte County Fire Department approved their review and provided conditions of approval. They noted this project is located within the Local Responsibility Area (LRA) and is not within a Fire
Hazard Severity Zone, Butte County Fire Department is the Fire Department having jurisdiction.
Butte County Environmental Health approved their review with conditions per PREAP23-0021 and provided conditions.
Butte County Public Works approved their review and provided conditions.
Butte County Building Division approved their review and provided conditions.
The Butte County Agricultural Commissioner has approved their review and provided conditions.
ENVIRONMENTAL REVIEW
In compliance with Section 15061 (b) (3) Common Sense Exemption, this project is exempt from CEQA review. The Common Sense Exemption stipulates that CEQA applies only to projects which have the potential for causing a 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.
Staff finds upon review of the site using the California Natural Diversity Database (CNDDB), no identified range or area of sensitive species or habitats coincided with the project parcel.
Staff therefore finds with certainty that there is no possibility that the activity in question may have
a significant effect on the environment, and is not subject to CEQA.
PUBLIC COMMENTS
Public hearing notices were sent to 15 property owners within 300 feet of the project parcel and posted in the Enterprise Record and Mercury Register. No public comments were received upon completion of this report.
Butte County Department of Development Services
November 20, 2024 Agenda Report – TPM24-0002 Graham Page 5 of 13
ATTACHMENT A
ZONING ADMINISTRATOR DETERMINATION WITH CONDITIONS OF
APPROVAL
BUTTE COUNTY ZONING ADMINISTRATOR
DECISION ZDN24-XXXX
TENTATIVE PARCEL MAP TPM23-0002
(Tyra Graham)
The applicant proposes a Tentative Parcel Map to subdivide 9.99 acres in the very Low Density Residential (VLDR) zone into three single-family residential lots with sizes of 6.99 acres (Parcel 1); 1.50 acres (Parcel 2); and 1.50 acres (Parcel 3). The project parcel is currently developed with a single-family dwelling and assorted accessory structures. Resultant Parcel 1 would retain all development and Parcels 2 & 3 will be undeveloped. The project site is located at The project site
is within the Sphere of Influence of the City of Oroville and is located at 6590 Upper Palermo
Road near the intersection between Bohemia Avenue and Maple Avenue.
APN 026-030-006
November 20, 2024
I. The Zoning Administrator has considered the 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. In compliance with Section 15061 (b) (3) Common Sense Exemption, this project is exempt from CEQA review. The Common Sense Exemption stipulates that CEQA applies only to projects which have the potential for causing a 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.
Staff finds upon review of the site using the California Natural Diversity Database
(CNDDB), no identified range or area of sensitive species or habitats coincided
with the project parcel: the project parcel is undeveloped but cleared.
Staff therefore finds with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and 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 Tyra Graham, Planning
Division File No. TPM24-0002 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. Approves Tentative Parcel Map TPM24-0002 for Tyra Graham, subject to the conditions
found in Exhibit “A” and the following findings:
A. The proposed map is consistent with the Very Low Density Residential (VLDR) zone.
Butte County Department of Development Services
November 20, 2024 Agenda Report – TPM24-0002 Graham Page 6 of 13
Proposed lots meet minimum 1-acre parcel size of the VLDR zone and will support residential development, consistent with purpose and allowed uses in the VLDR
zone (BCC §24-18E and §24-26).
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.
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 VLDR (1-acre minimum) zone. The proposed parcels are large enough to
allow for residential development.
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 will be impacted or abandoned with the proposed TPM.
F. The project site is not located within an earthquake fault zone.
The Cleveland Hill fault is the only known active fault within Butte County and it
is located approximately 4.16 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 proposed project will allow for minimal residential development and a small amount of increased traffic. The existing roads in the project area have the capacity
to handle the increase in traffic.
Approved By:
Date:
Butte County Department of Development Services
November 20, 2024 Agenda Report – TPM24-0002 Graham Page 7 of 13
EXHIBIT A
Tentative Parcel Map for Tyra Graham on APN 026-030-006, File # TPM24-0002
The applicant proposes a Tentative Parcel Map to subdivide 9.99 acres in the very Low Density Residential (VLDR) zone into three single-family residential lots with sizes of 6.99 acres (Parcel 1); 1.50 acres (Parcel 2); and 1.50 acres (Parcel 3). The project parcel is currently developed with a single-family dwelling and assorted accessory structures. Resultant Parcel 1 would retain all
development and Parcels 2 & 3 will be undeveloped. The project site is within the Sphere of
Influence of the City of Oroville and is located at 6590 Upper Palermo Road near the intersection
between Bohemia Avenue and Maple Avenue.
I. Conditions of Approval:
Butte County Public Works Department
COUNTY SURVEYOR
1. Map Recordation:
Prior to map recordation:
a. The applicant shall submit to the County Surveyor for review and approval a final map
pursuant to Subdivision Map Act Section 66444-66450.
b. The applicant shall prepare a Supplemental Data Sheet for all information not affecting record title interest. The Supplemental Data Sheet shall contain a statement that the additional information, conditions of approval or comments are for informational purposes only and are not intended to affect record title interest. Additional information may include but is not limited to building setback lines, flood hazard zones, seismic
lines and setbacks, leach field free areas, and usable sewage disposal areas. c. The applicant shall show all easements of record on the final map and shall provided deeds establishing all existing and proposed easements and rights of way on the property.
d. The applicant shall 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. A tax certificate is to be provided to the County Surveyor prior to recording. e. The applicant shall submit a Preliminary Title Report that has been prepared within 6 months of the map recordation date.
f. The applicant shall provide deeds establishing property boundaries. g. The applicant shall provide copies of all lot and boundary closures (calculation showing error of closure). h. The applicant shall pay the recording fees in effect at the time the final map and related
documents are recorded.
i. The parcel map shall contain a certificate by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before ninety (90) days from the date of recordation, per Butte County Code of Ordinance Section 20-109.5. The certificate shall also state that the monuments are or will be
sufficient to enable the survey to be retraced.
Butte County Department of Development Services
November 20, 2024 Agenda Report – TPM24-0002 Graham Page 8 of 13
STREETS
2. Driveway Approaches: Prior to building permit issuance for each parcel, the applicant shall
obtain an encroachment permit from the Public Works Department to improve all new and existing driveway approaches to publicly maintained roads as specified in county Improvement Standard S-31 and the terms of the encroachment permit and improvement permit. Adequate sight distance shall be provided.
SOILS, DRAINAGE, FLOODING
3. Stormwater Quality Management: Coverage under the stormwater Construction General Permit (CGP) will be required by the State Water Resources Control Board if the project results in ground disturbance, including clearing, excavation, filling, and grading of one or more acres or disturbs less than one acre but are part of a larger common plan or
development consisting of one acre or more of total disturbance. Coverage under this General Permit must be obtained from the State Water Resources Control Board prior to starting construction. If coverage under the CGP is required, engineering plans shall show the Waste Discharge Identification (WDID) number on the title sheet of the plans and a copy of Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Land
Development Division of the Public Works Department. Submit with improvement or
grading plans the estimated areas to be disturbed to the Department of Public Works for consistency with the SWPPP. Additionally, place a note on a map sheet that states: “The development of this parcel (or subdivision) map required coverage under the Stormwater Construction General Permit. Construction activities that result in a land disturbance of
less than one acre, but which are part of a larger common plan of development, also require coverage under this permit. Development of individual lots may require an additional
permit coverage.”
Butte County Fire Department
4. Construction, installation, or development of buildings and/or roads, driveways, gates, and bridges on parcels/lots shall comply with the current adopted California Building Standard Codes, Butte County Improvement Standards, and all other applicable State and County Codes, ordinances, and regulations, in effect at the time of application. 5. Prior to building construction, provide an all-weather access road 20’ wide, with 13’ 6” of
vertical clearance that will allow for ingress and egress and accommodate a 75,000-pound
fire apparatus to within 150ft of all structures.
6. 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 stating, “Building identification and/or
addresses shall be installed in conformance with the California Fire Code and shall be
posted at the time of permit issuance and maintained continuously thereafter.
Butte County Environmental Health Division, Public Health Department
7. Recorded map must show wastewater system type. 8. Recorded map must show 100’ leach field free sphere around existing water wells.
Butte County Department of Development Services
November 20, 2024 Agenda Report – TPM24-0002 Graham Page 9 of 13
9. Recorded map must show proposed well locations for each parcel and include 100’ leach field free sphere.
Butte County Agricultural Commissioner
10. Proposed project is a VLDR zone parcel surrounded by VLDR zone land. Project requires a BCC. Sec.24.56.1 review. Place the following note on the recorded map: “Residential
dwellings on proposed Parcels 2 & 3 shall be placed a minimum of 100ft from the south
property line. If adjacent agriculture use is removed, then standard zoning setbacks will
apply.”
II. Notation 1. 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.
Butte County Department of Development Services
November 20, 2024 Agenda Report – TPM24-0002 Graham Page 10 of 13
ATTACHMENT B
Butte County Department of Development Services
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ATTACHMENT C
Butte County Department of Development Services
November 20, 2024 Agenda Report – TPM24-0002 Graham Page 12 of 13
ATTACHMENT D