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Butte County Department of Development Services
December 18, 2024 Agenda Report – TPM23-0011 Runge Page 1 of 13
BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – December 18, 2024
Applicant: Henry T. Runge Location: The project site is located on
the east side of Riverview Dr and north of Heritage Rd 1.5 miles east of Oroville. The site is northeast of Olive Highway (SR162), directly
east of the Valley View Heights Subdivision.
Owners: Runge Henry T Jr & Cynthia A Living Trust
File #: TPM23-0011
Request: Tentative Parcel Map to subdivide 84.08 ± acres into four 10-acre single-family
residential lots with a 44.08 ± acre remainder.
Supervisor District: 1
Parcel Size: 84.08 ± acres
Planner: Tristan White, Assistant Planner
G.P.: MDR Attachments:
Zoning: MDR (Medium Density
Residential)
A:
Draft Zoning Administrator
Decision with attached Conditions of Approval (Attachment A)
APN: 069-520-028 B: Vicinity Map
C: Zoning Map
D:
Tentative Parcel Map
RECOMMENDED ACTION:
Staff recommends for the Zoning Administrator to adopt the Resolution adopting the Mitigated
Negative Declaration prepared pursuant to the California Environmental Quality Act (CEQA) and
approving Tentative Parcel Map TPM23-0011, subject to the findings and conditions in Attachment A.
EXECUTIVE SUMMARY
The project consists of subdividing an 84-acre property located in the MDR zone into four parcels
with one remainder parcel. Parcels 1-4 would be ten acres in size. The remainder parcel would be
44 acres. All parcels would be contiguous. The parcel is currently vacant and undeveloped. No development on Parcels 1, 2, 3, or 4 is proposed as part of this application; however, future single-
Butte County Department of Development Services
December 18, 2024 Agenda Report – TPM23-0011 Runge Page 2 of 13
family development consistent with the MDR zoning designation is anticipated. Future development on each parcel would likely consist of single-family residences with potentially an
accessory unit. Wastewater disposal on Parcels 1, 2, 3, and 4 would be provided via individual on-
site septic systems. Domestic water service would be provided by South Feather Water and Power Agency. Access to parcels 1, 2, 3 and 4 would be via new driveways likely from Riverview Drive. Access to the remainder parcel, if constructed, would be via Heritage Road.
The project site is located on the east side of Riveview Dr and north of Heritage Rd in an
unincorporated area approximately 1.5 miles east of Oroville. The site is northeast of Olive
Highway (SR162), directly east of the Valley View Heights and Oroville Wyandotte Fruit lands Subdivisions. APN: 069-520-028
PROJECT DESCRIPTION:
• The project proposes to divide an 84-acre parcel, in the MDR (Medium Density Residential) zone
and MDR (Medium Density Residential) General Plan designation, into four 10-acre lots and a 44-acre remainder.
• The project parcel is located in unincorporated Oroville, 1.5 miles east of the city limit.
• The project parcel is currently undeveloped and vegetated with ruderal/weedy and various native species.
• The project parcel has frontage on Riverview Drive and Heritage Road, both public roads. Access to Parcels 1, 2, 3 and 4 would be via new driveways likely from Riverview Drive. The remainder parcel will have frontage on Heritage Road.
• The parcels will be served by individual septic systems and connection to South Feather Water Agency.
SITE CHARACTERISTICS:
• The project site is surrounded on all sides by both vacant and developed parcels zoned Very Low
Density Residential, Low Density Residential, and Medium Density Residential.
• The topography of the project site slopes from north to south and west to east and has an elevation ranging approximately 1,020 to 960 feet above sea level.
• The project site is in an area with moderate to severe potential for soil erosion. Parcels 1 through 4 would require grading, excavation and general site preparation activities.
• The sizes of the proposed parcels are consistent with the MDR (Medium Density Residential) zone.
• This project is located within the State Responsibility Area (SRA), within a Moderate Fire Hazard Severity Zone and Wildland-Urban Interface.
• 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
December 18, 2024 Agenda Report – TPM23-0011 Runge 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 Low Density Residential LDR Single-family / open space
South Medium Density
Residential
MDR Single-family / open space
West Low Density Residential /
Very Low Density Residential
VLDR / LDR Single-family / open space
East Very Low Density
Residential
VLDR Single family / open space
ANALYSIS:
• There are no structures proposed with this project.
• The subject property is zoned MDR (Medium Density Residential) and designated as MDR 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
Medium Density Residential (MDR). The purpose of the MDR zone is to allow for a mixture of housing types in a medium density setting. Permitted housing types in the MDR zones include single-family homes and accessory dwelling units. Non-residential uses conditionally permitted in the MDR zone include public and quasi-public uses, park and recreational facilities, personal
services, medical offices and clinics, and general retail. The minimum permitted parcel size in the
MDR zone is six thousand (6,000) square feet. The MDR zone implements the Medium Density Residential land use designation in the General Plan.
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 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.
Butte County Department of Development Services
December 18, 2024 Agenda Report – TPM23-0011 Runge Page 4 of 13
ENVIRONMENTAL REVIEW
In compliance with Section 15073(a), the Initial Study/Mitigated Negative Declaration (IS/MND),
application, and reference documents for this project were placed on file for public review and
comment for a 30-day period starting October 24, 2024 through November 22, 2024. Notices regarding the 30-day review period were mailed to landowners near the project site, and a notice was published in the Oroville Mercury.
The Initial Study prepared for this project determined there may be potential environmental
impacts to the following areas:
• Aesthetics
• Air Quality
• Biological Resources
• Cultural Resources
• Noise
• Tribal Cultural Resources
The Initial Study/Mitigated Negative Declaration, which is attached to this agenda report, recommended six mitigation measures to reduce environmental impacts to a less than significant level. The 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)).
Staff received comments from the California Department of Fish and Wildlife concerning existing
oak woodland and “special status species.” Based on the density of the proposed project, the
County has determined the project will not impose any significant impact on the project site or surrounding areas.
PUBLIC COMMENTS
Public hearing notices were sent to 65 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
December 18, 2024 Agenda Report – TPM23-0011 Runge Page 5 of 13
ATTACHMENT A
ZONING ADMINISTRATOR DETERMINATION WITH CONDITIONS OF
APPROVAL
BUTTE COUNTY ZONING ADMINISTRATOR
DECISION ZDN24-XXXX
TENTATIVE PARCEL MAP TPM23-0011
(Henry T. Runge)
The project consists of subdividing an 84-acre property located in the MDR zone into four parcels
with one remainder parcel. Parcels 1-4 would be ten acres in size. The remainder parcel would be 44 acres. All parcels would be contiguous. The parcel is currently vacant and undeveloped. No development on Parcels 1, 2, 3, or 4 is proposed as part of this application; however, future single-family development consistent with the MDR zoning designation is anticipated. Future
development on each parcel would likely consist of single-family residences with potentially an
accessory unit. Wastewater disposal on Parcels 1, 2, 3, and 4 would be provided via individual on-site septic systems. Access to parcels 1, 2, 3 and 4 would be via new driveways likely from Riverview Drive. Access to the remainder parcel, if constructed, would be via Heritage Road. The project site is located on the east side of Riveview Dr and north of Heritage Rd in an unincorporated
area approximately 1.5 miles east of Oroville. The site is northeast of Olive Highway (SR162),
directly east of the Valley View Heights and Oroville Wyandotte Fruit lands Subdivisions.
APN 069-520-028
December 18, 2024
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 Henry T. Runge, Planning Division File No. TPM23-
0011, 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.
Butte County Department of Development Services
December 18, 2024 Agenda Report – TPM23-0011 Runge Page 6 of 13
E. The Mitigated Negative Declaration reflects the independent judgment and analysis
of the County, which is the Lead Agency.
II. Approves Tentative Parcel Map TPM23-0011 for Henry T. Runge, subject to the
conditions found in Exhibit “A” and the following findings:
A. The proposed map is consistent with the Medium Density Residential (MDR) zone.
Proposed lots meet minimum 6,000 sq. ft. parcel size of the MDR zone and will support residential development, consistent with purpose and allowed uses in the MDDR zone (BCC §24-18E and §24-26). The size and configuration of each lot
allows the future construction of single-family residences, accessory uses, and
structures compatible with the surrounding area's existing development and
character.
B. The design and improvements of the proposed parcel map are consistent with the County’s standards and policies, provided all conditions of project approval are
complied with.
Each parcel conforms to the applicable design and improvement standards in Butte
County Code Chapter 20 and the Butte County Improvement Standards.
C. 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 MDR (6,000sq. ft. minimum) zone. The proposed parcels are large enough
to allow for residential development. 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.
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 project was evaluated through the preparation of an Initial Study prepared pursuant to the California Environmental Quality Act. The Study did not identify
any significant adverse impacts to the environment 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 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.
Approved By:
Date:
Butte County Department of Development Services
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EXHIBIT A
Tentative Parcel Map for Henry T. Runge on APN 069-520-028, File # TPM23-0011
The project consists of subdividing an 84-acre property located in the MDR zone into four parcels
with one remainder parcel. Parcels 1-4 would be ten acres in size. The remainder parcel would be 44 acres. All parcels would be contiguous. The parcel is currently vacant and undeveloped. No development on Parcels 1, 2, 3, or 4 is proposed as part of this application; however, future single-family development consistent with the MDR zoning designation is anticipated.
The project site is located on the east side of Riveview Dr and north of Heritage Rd in an
unincorporated area approximately 1.5 miles east of Oroville. The site is northeast of Olive Highway (SR162), directly east of the Valley View Heights and Oroville Wyandotte Fruit lands Subdivisions. APN: 069-520-028
F. 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 provide 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
Butte County Department of Development Services
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Section 20-109.5. The certificate shall also state that the monuments are or will be sufficient to enable the survey to be retraced.
j. Prior to recordation of the Parcel Map, a note shall be shown on an additional map sheet
of the parcel map that states: “The designated Remainder lot is not created for sale, lease or financing. Prior to sale, lease or financing of the Remainder, or issuance of any development permit, the property owner shall obtain a Certificate of Compliance, in accordance with the Butte County Code.”
STREETS
2. Revise Easements on Map: Prior to map recordation, revise the map to remove the legend item that reads “30’ wide road, fire break and utility easement” and remove the proposed easement from the map. 3. 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. 4. Dedications and Easements:
a. With map recordation, the applicant shall offer for Dedication to the County of
Butte in fee title, for Public Road, Public Utility, and Emergency Access purposes, 30 feet of right-of-way on Riverview Drive, as well as any additional right-of-way needed to create a half-width 30-foot right of way on Heritage Drive along the project frontage, in accordance with Butte County Code of Ordinances Section 20-
134. This dedication can be made utilizing record information and need not be
based on a current survey of the road. b. Prior to map recordation, the applicant shall relinquish abutter’s rights of access to Butte County across the frontage of all parcels on Riverview Drive and Heritage Drive except at approved access points, per Butte County Code of Ordinances
Sections 20-129 and 20-130. This can be shown on the recorded map and shall be
accompanied by a note on the map that reads, “Abutter’s rights of access are relinquished to Butte County along the parcel frontages on Riverview Drive and Heritage Road except at access points for driveways as approved by the Public Works Department through approved Encroachment Permits during site
development.”
c. Drainage easements shall be provided where they are needed. The subdivider shall provide rights-of-way or easements for storm drainage purposes conforming substantially with the lines of any watercourse, channel, lake, stream, or creek. The width of the rights-of-way or easements shall be adequate to provide for the
necessary maintenance of the channels and incidental structures.
SOILS, DRAINAGE, FLOODING
5. 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
Butte County Department of Development Services
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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
6. 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, California Fire Safe Regulations, Public Resource Code 4290 & 4291, Butte County
Improvement Standards, and all other applicable State and County Codes, ordinances and regulations, in effect at the time of application. 7. Prior to recordation of the Parcel Map, a note shall be shown on an additional map sheet of the parcel map that states: “Building identification and/or addresses shall be installed in conformance with the Public Resources Code 4290 and shall be posted at the time of permit
issuance and maintained continuously thereafter.
Butte County Environmental Health Division, Public Health Department
8. Map must show MUWA for all proposed parcels with system type designated (i.e., gravity, pressure, or supplemental).
9. Map must note that all domestic water will be provided by South Feather Water and Power District.
Butte County Planning Division
10. Prior to recordation of the Parcel Map, a note shall be shown on an additional map sheet of the parcel map that states: “Any subdivision by existing or future owner of shown
parcels shall be required to provide an oak tree survey.” 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
December 18, 2024 Agenda Report – TPM23-0011 Runge Page 10 of 13
ATTACHMENT B
Butte County Department of Development Services
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ATTACHMENT C
Butte County Department of Development Services
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ATTACHMENT D