Loading...
HomeMy WebLinkAboutTPM24-0005 Agenda ReportButte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0005 Olson  Page 1 of 12  BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – March 26, 2025 Applicant: Stephanie Olson Location: The project is located at 571 Macedo Road roughly 2000 ft west of the City limits of Gridley. Owners: James Criddle File #: TPM24-0005 Request: Tentative Parcel Map to subdivide a 5.67-acre lot into a 3.59-acre parcel and a 2.08-acre parcel. Supervisor District: 4 Parcel Size: 5.67 ± 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: 009-340-168 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 TPM24-0005, subject to findings and conditions in Attachment A. EXECUTIVE SUMMARY The project consists of subdividing a 5.67-acre property located in the VLDR zone into two parcels. Parcels 1 & 2 would be 3.59 acres and 2.08 acres respectively. The parcel is currently developed with a residence and two accessory structures. No development on Parcels 1 or 2 is proposed as a part of this application; however, future single-family development consistent with the VLDR zoning designation is anticipated. Water and wastewater disposal would be provided via individual on-site well & septic systems. Each parcel would obtain access through their respective driveways through Macedo Rd. Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0005 Olson  Page 2 of 12  The project site is located on the privately maintained portion of Macedo Rd in unincorporated Butte County, 2000 ft west of the City of Gridley. APN: 009-340-168. PROJECT DESCRIPTION: •The project proposes to divide a 5.67-acre parcel, in the VLDR (Very Low Density Residential)zone and VLDR (Very Low Density Residential) General Plan designation, into two lots, 3.59acres and 2.08 acres respectively. •The project is located at 571 Macedo Road roughly 2000ft west of the City limits of Gridley. •The parcel is currently developed with one dwelling and two accessory structures. •Resultant Parcel 1 would retain the existing residence and two accessory structures. ResultantParcel 2 would be undeveloped. •The project parcel has frontage on the privately maintained portion of Macedo Rd. Access to bothresultant parcels would be via Macedo Rd. •Water and wastewater disposal would be provided via individual on-site well & septic systems. SITE CHARACTERISTICS: •The project site is surrounded on all sides by developed parcels zoned Very Low DensityResidential and Agriculture. •The project site is flat, with a less than 1% slope towards the south. •The sizes of the proposed parcels are consistent with the VLDR (Very Low Density Residential)zone. •The project is in the Local Responsibility Area (LRA), and is not within a Fire Hazard Severity Zone. Butte County Fire Department is the Fire Department having jurisdiction. •The project site is not within the Sphere of Influence of the City of Gridley, the project site’snearest municipality. SURROUNDING USES: •The surrounding parcels range in size from 1.0 acres to 9.5 acres. Direction General Plan Designation Zoning Existing Land Use(s) North Agriculture AG-20 Single-family / Agriculture South Very Low Density Residential VLDR Single-family / Agriculture West Agriculture AG-20 Single-family / Agriculture East Very Low Density Residential VLDR Single family / Agriculture ANALYSIS: •There are no structures proposed with this project. Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0005 Olson  Page 3 of 12  •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% and0.2%. The project would not expose people or structures to flood hazard from severe stormevents. 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 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 per PREAP23-0026 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. Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0005 Olson  Page 4 of 12  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 11 property owners within 300 feet of the project parcel and posted in the Gridley Herald. No public comments were received upon completion of this report. Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0005 Olson  Page 5 of 12  ATTACHMENT A ZONING ADMINISTRATOR DETERMINATION WITH CONDITIONS OF APPROVAL BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN24-XXXX TENTATIVE PARCEL MAP TPM24-0005 (Stephanie Olson) The project consists of subdividing a 5.67-acre property located in the VLDR zone into two parcels. Parcels 1 & 2 would be 3.59 acres and 2.08 acres respectively. The parcel is currently developed with a residence and two accessory structures. No development on Parcels 1 or 2 is proposed as a part of this application; however, future single-family development consistent with the VLDR zoning designation is anticipated. Wastewater disposal would be provided via individual on-site well & septic systems. Each parcel would obtain access through their respective driveways through Macedo Rd. The project site is located on the privately maintained portion of Macedo Rd in unincorporated Butte County, 2000ft west of the City of Gridley. APN: 009-340-168. APN 009-340-168 March 26, 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. 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 Stephanie Olson, Planning Division File No. TPM24-0005 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 – TPM24-0005 Olson  Page 6 of 12  record is 7 County Center Drive, Oroville CA 95965. II.Approves Tentative Parcel Map TPM24-0005 for Stephanie Olson, 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 supportresidential development, consistent with purpose and allowed uses in the VLDRzone (BCC §24-18E and §24-26). B.The design and improvements of the proposed parcel map are consistent with theCounty’s standards and policies, provided all conditions of project approval arecomplied 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 requirementof the VLDR (1-acre minimum) zone. The proposed parcels are large enough toallow for residential development. D.The design and improvements of the project will not conflict with easementsacquired by the public at large for access through or use of property within theproposed parcel map provided the attached conditions are met. No easements will be impacted or abandoned with the proposed TPM. E.The design and improvements of the project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. No adverse or detrimental effects to the environment or public health, safety, andwelfare have been identified as resulting from the project, from agency anddepartmental 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 smallamount 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 – TPM24-0005 Olson  Page 7 of 12  EXHIBIT A Tentative Parcel Map for Stephanie Olson on APN 009-340-168, File # TPM24-0005 A land division of a 5.67-acre property located in the VLDR zone into two parcels. Parcels 1 & 2 would be 3.59 acres and 2.08 acres respectively. The parcel is developed with a residence and two accessory structures. Future single-family development consistent with the VLDR zoning designation is anticipated. Wastewater disposal is provided via individual on-site well & septic systems. Each parcel obtains access through their respective driveways through Macedo Rd. The project site is located on the privately maintained portion of Macedo Rd in unincorporated Butte County, 2000 ft west of the City of Gridley. APN: 009-340-168. G.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 affectingrecord title interest. The Supplemental Data Sheet shall contain a statement that theadditional information, conditions of approval or comments are for informationalpurposes only and are not intended to affect record title interest. Additional informationmay 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 providedeeds establishing all existing and proposed easements and rights of way on theproperty. 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 theCalifornia Government Code commencing with Section 66492. A tax certificate is tobe provided to the County Surveyor prior to recording.e.The applicant shall submit a Preliminary Title Report that has been prepared within 6months 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 showingerror 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 forthe preparation of the map that states that all monuments are of the character andoccupy the positions indicated, or that they will be set in such positions on or beforeninety (90) days from the date of recordation, per Butte County Code of OrdinanceSection 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   March 26, 2025  Agenda Report – TPM24-0005 Olson  Page 8 of 12  STREETS 2.Road Maintenance: Prior to map recordation, the applicant shall provide a fully executedroad maintenance agreement, which forms a Road Maintenance Association, for all non-publicly maintained access roads on the county approved form. A note shall be placed ona separate document which is to be recorded concurrently with the map or on an additional map sheet stating: “In accordance with Civil Code Section 845, maintenance of the road as shown hereon shall be shared by those properties with a legal interest in it.”3.Driveway Approaches: Prior to building permit issuance for each parcel, the applicant shallobtain an encroachment permit from the Public Works Department to improve all new andexisting driveway approaches to publicly maintained roads as specified in countyImprovement Standard S-31 and the terms of the encroachment permit and improvement permit. Adequate sight distance shall be provided.4.Utility Easements: Drainage, sewage, and other utility easements shall be provided wherethey are needed. The subdivider shall provide rights-of-way or easements for stormdrainage 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 GeneralPermit (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 ormore acres or disturbs less than one acre but are part of a larger common plan ordevelopment consisting of one acre or more of total disturbance. Coverage under thisGeneral 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 acopy of Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the LandDevelopment Division of the Public Works Department. Submit with improvement orgrading plans the estimated areas to be disturbed to the Department of Public Works forconsistency 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 StormwaterConstruction General Permit. Construction activities that result in a land disturbance ofless than one acre, but which are part of a larger common plan of development also requirecoverage 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, Butte County Improvement Standards, and all other applicable State and CountyCodes, ordinances and regulations, in effect at the time of application. Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0005 Olson  Page 9 of 12  7.Place a note on a separate document, which is to be recorded concurrently with the Parcelor Final map, or on an additional map sheet stating, “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 Environmental Health Division, Public Health Department 8.Map must show wastewater system type and maximum trench depth conditions. 9.Map must show proposed well location for proposed Parcel 2 and include the 100 ft leach field free sphere. Butte County Agriculture Commissioner 10.A 300 ft. Agricultural Buffer Setback shall be shown on the recorded parcel map, or onthe additional map sheet (300 ft setback from parcels 009-340-153 & 009-340-154 directly to the north, and parcel 009-340-102 directly west) pursuant to Butte CountyCode Article III, Division 7. A note shall be included indicating: “Agricultural BufferSetback, no residential development is allowed within this setback”. II.Notation 1. Minor changes may be approved administratively by the Directors of DevelopmentServices, Environmental Health, or Public Works upon receipt of a substantiated writtenrequest by the applicant, or their respective designee. Prior to such approval, verificationshall be made by each Department or Division that the modification is consistent with theapplication, 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 – TPM24-0005 Olson  Page 10 of 12  ATTACHMENT B Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0005 Olson  Page 11 of 12  ATTACHMENT C Butte County Department of Development Services   March 26, 2025  Agenda Report – TPM24-0005 Olson  Page 12 of 12  ATTACHMENT D