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HomeMy WebLinkAboutTPM24-0004 Agenda Report  Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0004 Teresi  Page 1 of 13  BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – March 26, 2025 Applicant: Jim Teresi Location: The project site is located on Belden Ct, a private road connected to Putnam Dr in an unincorporated area approximately 3700ft east of Oroville. Owners: James R Teresi Revocable Trust File #: TPM24-0004 Request: Tentative Parcel Map to subdivide 5.00± acres into a 3.00± acre parcel and a 2.00± acre parcel. Supervisor District: 1 Parcel Size: 5.00 ± 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: 068-030-135 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 TPM24-0004, subject to findings and conditions in Attachment A. EXECUTIVE SUMMARY The project consists of subdividing a 5-acre property located in the VLDR zone into two parcels. Parcels 1 & 2 would be three (3.00) acres and two (2.00) acres respectively. The parcel is currently developed with two dwellings, and two accessory structures. The resultant parcels would each retain a dwelling and an accessory structure. No development on Parcels 1 or 2 is proposed as a part of this application. Wastewater disposal would be provided via individual on-site septic  Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0004 Teresi  Page 2 of 13  systems. Domestic water service would be provided by South Feather Water and Power Agency. The project site is located on Belden Ct, a private road connected to Putnam Dr in an unincorporated area approximately 3700ft east of Oroville. Each parcel would maintain accecss through existing driveways on a 60ft non-exclusive road & public utility easement through Belden Ct. PROJECT DESCRIPTION: • The project proposes to divide a 5-acre parcel, in the VLDR (Very Low Density Residential) zone and VLDR (Very Low Density Residential) General Plan designation, into two lots, 3.0 acres and 2.0 acres respectively. • The project parcel is located on Belden Ct, a private road connected to Putnam Dr in an unincorporated area approximately 3700ft east of Oroville city limits. • The parcel is developed with two dwellings, and two accessory structures. • Each resultant parcel would retain an existing dwelling and accessory structure. • The project parcel has frontage through a 60ft non-exclusive road & public utility easement through Belden Ct. Each resultant parcel would maintain this easement for access. • The parcels are served by individual septic systems and public water by South Feather Water and Power Agency. SITE CHARACTERISTICS: • The project site is surrounded on all sides by residentially developed parcels zoned Very Low Density Residential. • The topography of the project site declines from the north to south, with an elevation ranging approximately 672ft to 622ft above sea level. • 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. SURROUNDING USES: • The surrounding parcels range in size from 4.23 acres to 17.96 acres. Direction General Plan Designation Zoning Existing Land Use(s) North Very Low Density Residential VLDR Single-family South Very Low Density Residential VLDR Single-family / open space West Very Low Density Residential VLDR Single-family  Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0004 Teresi  Page 3 of 13  East Very Low Density Residential VLDR Single-family 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. • The sizes of the proposed parcels are consistent with the VLDR (Very Low Density Residential, 1-acre minimum) zone. • 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. 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 State Responsibility Area (SRA) and is 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 PREAP23-0026 and provided conditions. Butte County Public Works approved their review and provided conditions. Butte County Building Division approved their review. ENVIRONMENTAL REVIEW  Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0004 Teresi  Page 4 of 13  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 10 property owners within 450 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   March 26, 2025  Agenda Report – TPM24-0004 Teresi  Page 5 of 13  ATTACHMENT A ZONING ADMINISTRATOR DETERMINATION WITH CONDITIONS OF APPROVAL BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN25-XX TENTATIVE PARCEL MAP TPM24-0004 (Jim Teresi) The project consists of subdividing a 5-acre property located in the VLDR zone into two parcels. Parcels 1 & 2 would be three (3.00) acres and two (2.00) acres respectively. The parcel is currently developed with two dwellings, and two accessory structures. The resultant parcels would each retain a dwelling and an accessory structure. No development on Parcels 1 or 2 is proposed as a part of this application. Wastewater disposal would be provided via individual on-site septic systems. Domestic water service would be provided by South Feather Water and Power Agency. Each parcel would maintain accecss through existing driveways on a 60ft non-exclusive road & public utility easement through Belden Ct. The project site is located on Belden Ct, a private road connected to Putnam Dr in an unincorporated area approximately 3700ft east of Oroville. The site is part of Lot 16 of the Oroville Wyandotte Fruit Lands, north of Olive Highway (SR162). APN 068-030-135 March 26, 2025 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 Jim Teresi, Planning Division File No. TPM24-0004 would have a significant effect on the environment. C. The custodian of the record is the Department of Public Works. The location of the  Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0004 Teresi  Page 6 of 13  record is 7 County Center Drive, Oroville CA 95965. II. Approves Tentative Parcel Map TPM24-0004 for Jim Teresi, 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. 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 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 VLDR (1-acre minimum) zone. The proposed parcels are large enough to allow for residential development to be served by an onsite wastewater system.. 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 site is developed with existing residences and accessory structures. No additional development is proposed, therefore the project will not create impacts to wildlife or their environmental. 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. F. 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   March 26, 2025  Agenda Report – TPM24-0004 Teresi  Page 7 of 13  EXHIBIT A Tentative Parcel Map for Jim Teresi on APN 068-030-135, File # TPM24-0004 The project consists of subdividing a 5-acre property located in the VLDR zone into two parcels. Parcels 1 & 2 would be three (3.00) acres and two (2.00) acres respectively. The parcel is currently developed with two dwellings, and two accessory structures. The resultant parcels would each retain a dwelling and an accessory structure. No development on Parcels 1 or 2 is proposed as a part of this application. Wastewater disposal would be provided via individual on-site septic systems. Domestic water service would be provided by South Feather Water and Power Agency. The project site is located on Belden Ct, a private road connected to Putnam Dr in an unincorporated area approximately 3700ft east of Oroville. Each parcel would maintain access through existing driveways on a 60ft non-exclusive road & public utility easement through Belden Ct. 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).  Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0004 Teresi  Page 8 of 13  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 Fire Department 2. 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. 3. 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. 4. The allowable length of Cul-de-Sac (BCC 20-133) and dead-end road (Minimum Fire Safe Regulations § 1273.08) has been exceeded. Parcels will be restricted to one dwelling unit. Butte County Environmental Health Division, Public Health Department 5. Map must show MUWA for all proposed parcels with system type designated (i.e., gravity, pressure, or supplemental). 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   March 26, 2025  Agenda Report – TPM24-0004 Teresi  Page 9 of 13  ATTACHMENT B  Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0004 Teresi  Page 10 of 13  ATTACHMENT C  Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0004 Teresi  Page 11 of 13  ATTACHMENT D