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HomeMy WebLinkAbout#17-06 2017-03-23 RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSIONER DENYING TENTATIVE SUBDIVISION MAP TSM16-0002RESOLUTION PC17-06 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION DENYING TENTATIVE SUBDIVSION MAP TSM16-0002 WHEREAS, the Planning Commission has considered Tentative Subdivision Map TSM 16-0002 for Nels Leen, in accordance with Chapter 20, Subdivisions, of the Butte County Code on Assessor's Parcel Numbers 039-370-019, 039-370-068 and 039-090-061; and WHEREAS, the Planning Commission has considered an initial study and mitigated negative declaration in accordance with the California Environmental Quality Act; and WHEREAS, said map was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on March 23, 2017; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division; and WHEREAS, the State Subdivision Map Act, the Butte County Subdivision Ordinance, and the Butte County Zoning Ordinance set forth findings that need to be made to approve or deny a subdivision map. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Denies the applicant's request for an adjustment, pursuant to Butte County Code Chapter 24, Article 17, Section 24-84F, to the 300 -foot agricultural buffer to 150 -foot from agriculturally zoned properties along the southern property boundary with the following required findings: A. The adjustment will not result in a modification to adjacent agricultural practices. From public comments, the Planning Commission learned that the orchard to the south is actively.farmed up to the property line between it and Assessor's Parcel Number 039-090-061 and that the layout of the orchard and the. farming practices used would impact residential development occurring less than 300 feet, f •om the property line which could result in a modification of' existing agricultural practices. B. Unusual circumstances are present on the subject properties or surrounding properties that render the three hundred (300) foot setback requirement infeasible or unnecessary. Unusual circumstances include, but are not limited to, parcel size and shape, the location of existing residences, infrastructure and other existing uses, and natural physical features and topography. Assessor's Parcel Number 039-090-061 is located north of an abutting existing walnut orchard in the AG -40 (Agriculture — 40 -acre minimum) zone. The parcel is irregularly shaped because its southern property line is established by ■ Butte County Department of Development Services ■ ■ March 23, 2017 ■ Resolution — Leen Subdivision TSM 16-0002 ■ Page I of 3 ■ Comanche Creek/Edgar Slough. The parcel can accommodate residential development with the fu11300 foot buffer, but not at the density proposed by TSM 16-0002. Thus, the shape of the parcel does not give rise to unusual circumstances. Agricultural operations associated with the existing orchard require the full 300 foot buffer from residential dwellings that would result from the proposed subdivision. C. The proposed dwelling is placed the greatest distance possible from all property lines abutting an agriculture zone or other location that presents the least detriment to agricultural practices on adjacent properties. The proposed locations of the dwellings are not the greatest distance possible from the property line with the orchard to the south. Dwellings can be located farther away from the orchard to the south. The full 300 foot buffer can be maintained, although the density of residential development would not be as great as proposed. D. The location of the proposed residence does not interfere with easements, septic systems, or prior conditions of approval applicable to the subject property. The Planning Commission did not receive any information concerning this finding. II. Denies Tentative Subdivision Map TSM 16-0002 for Nels Leen with the following findings: A. Pursuant to Government Code Section 66474(b) and Butte County Code Section 20-65.5(b)(2), the proposed map is not consistent with the applicable general plan because it does not incorporate the required 300 -foot buffer for dwellings within an agricultural buffer area that abuts Agriculture zones. General Plan Policies LU -P1.3 and AG -P5.3, as reflected in Section 24-83 of the Butte County Code, require that the .setback distance for dwellings within an agricultural buffer area shall be 300.feet from any property line that abuts Agriculture zones unless adjusted based upon the Agricultural Buffer Guidelines as adopted by the Board of Supervisors on December 16, 2008 (and as amended) or an Unusual Circumstance Review in Section 24-84 (Exceptions to Agricultural Buffer Setback). The proposed map does not incorporate the required 300 foot buffer, and the findings to grant an exception cannot be made as was shown above. B. Pursuant to Government Code Section 66474(c) & (d) and Butte County Code Section 20-65.5(b)(3) & (4), the project site is not physically suitable for the use and density of the proposed development. The size and shape of'Assessor's Parcel Number 039-090-061 and its location adjacent to an existing walnut orchard in the Agriculture zone render it physically unsuitable for the density of the proposed residential subdivision. The parcel could be developed at a lower density while still maintaining the required agricultural buffer. ■ Butte County Department of Development Services ■ ■ March 23, 2017 ■ Resolution — Leen Subdivision TSM 16-0002 ■ Page 2 of 3 ■ DULY PASSED AND ADOPTED this 23rd day of March, 2017, by the following vote: AYES: Commissioners Chase, Donati and Chair John NOES: Commissioner Grundmann ABSENT: Commissioner Kennedy ABSTAIN: Q G.� Philip A. John, Chai Planning Commission County of Butte, State of California ATTEST:S- Ki4i McMillan, Secretary Rldnning Commission County of Butte, State of California . Butte County Department of Development Services . . March 23, 2017 . Resolution — Leen Subdivision TSM 16-0002 a Page 3 of 3 .