HomeMy WebLinkAboutMEXT15-0002_ZA Agenda Report_TSM08-0007_Mead_100715 Department of Development Services Tim Snellings, Director
Pete Calarco, Assistant Director
7 County Center Drive T: 530.538.7601
Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
MEMORANDUM
TO: Butte County Zoning Administrator
FROM: Development Services, Planning Division
SUBJECT: MEXT15-0002 - Map Expiration Time Extension for TSM08-0007 (Mead)
DATE: October 7, 2015
ATTACHMENTS:
A. Zoning Administrator Decision approving MEXT15-0002 (Mead)
B. Adopted Resolution PC09-33
C. Adopted Board of Supervisors Resolution No. 09-153
D. Planning Commission Minutes – August 27, 2009
E. Approved Tentative Subdivision Map
Staff Recommendation:
Staff is recommending approval, extending the expiration date of TSM08-0007 (Mead) for six
years to August 27, 2021.
Executive Summary:
The applicant is requesting a 6-year time extension for an approved tentative subdivision map
(TSM08-0007), set to expire on August 27, 2015. The tentative map allows the applicant to
subdivide two contiguous parcels of 127 acres and 3.18 acres into six new parcels. The 127 acre
parcel (APN: 039-260-058) is currently zoned AG-40 and would be subdivided into lots of 44.53,
40.56 and 40.94 acres. The 3.18 acre parcel (APN: 039-260-060) is currently zoned VLDR (Very
Low Density Residential, 1-acre minimum parcel size), and would be subdivided into lots of 1.15,
1.02 and 1.01 acres (gross acreage).
Provisions for a tentative map time extension are set forth in Butte County Code §20-68, which
requires that an extension of time must be made prior to the expiration of the approved or
conditionally-approved map, and that the Zoning Administrator, based on good cause, may extend
the approval for an additional period beyond the expiration, provided the total extension of time
does not exceed a total of six years [as set forth in Government Code Section 66452.6(e)]. An
application for an extension of time shall be reviewed by the Zoning Administrator, who will
determine whether the map presently conforms to the requirements of a tentative subdivision map,
at which point, the Zoning Administrator may approve an extension, approve with conditions that
would cause the map to conform to present requirements, or disapprove. In the event that an
approved tentative map is revised to conform to current requirements, the most recently approved
Page 2 of 4
tentative map shall constitute the only recognized map for further action in consideration of filing
the final map. Any extension of time application involving an addition to, or modification or
deletion of, the conditions of approval or involving a controversial matter will be heard by the
advisory agency (i.e. Planning Commission).
Analysis:
The Tentative Subdivision Map was originally approved by the Planning Commission on
August 27, 2009 along with an initial study/mitigated negative declaration. Approval
provided two years to complete the conditions of approval and record the final map. On
October 13, 2009, the Board of Supervisors granted an appeal to modify Condition of
Approval #19 regarding construction of improvements to Reinemer Road
California Government Code 66452.23 (AB 208) provided an automatic 24 month time
extension for tentative maps approved prior to July 15, 2011, and that would have expired
before January 1, 2014. This legislative act extended the Mead Tentative Map from August
27, 2011 to August 27, 2013.
California Government Code 66452.24 (AB 116) provided an automatic 24 month time
extension for tentative maps approved on or after January 1, 2000. This legislative act
extended the Mead Tentative Map from August 27, 2013 to August 27, 2015.
The tentative map was processed concurrently with a General Plan Amendment and
Rezone (GPA-REZ 04N-04). The amendment and rezone modified the land use
designation and zoning for APN: 039-260-060 (3.18 acre) and another property APN:039-
260-059 (1.3 acres), changing the land use designation from Orchard & Field Crops (OFC)
to Agricultural Residential (AR), and rezoning the properties from Agricultural, 40-acre
minimum parcel size (A-40) to Suburban Residential, 1-acre minimum parcel size (SR-1).
The land use designation and zoning for the two subject properties subsequently changed
to VLDR with the adoption of General Plan 2030 and the 2012 zoning code update.
The applicant has previously submitted improvement plans for review to the Public Works
Department. However, the required improvements or bonding for these required
improvements has not been completed.
Review of the current conditions of the project site and surrounding area had shown that
no substantial changes to the physical conditions had been made. The subject properties
continue to be used for agricultural purposes, and no development had occurred on the
project site.
The California Environmental Quality Act, section 15162, identifies:
Subsequent environmental review shall be undertaken when substantial changes in the
project description, substantial changes to the circumstances under which the project is
undertaken, or new information of substantial importance cause new significant
environmental effects or substantial increase in the severity of previously identified
environmental effects.
No change to the project, circumstances under which the project is undertaken, or the
physical environment have occurred that would cause new environmental effects or an
increase in severity of environmental effects beyond that evaluated by the previously
Page 3 of 4
adopted IS/MND. The physical effects to the environment are the same between the
map extension now being heard and the project evaluated in the previously adopted
initial study/mitigated negative declaration.
No subsequent environmental review is required for the map extension project.
The request for extension was circulated to County departments for comments and
possible changes to the original conditions of approval. The Public Works Department,
the Environmental Health Division, and Cal-Fire/Butte County Fire had no revisions.
Page 4 of 4
ZONING ADMINISTRATOR DECISION ZDN15-_____
October 7, 2015
APPROVING MAP EXTENSION MEXT15-0002 (Mead)
I. The Zoning Administrator has reviewed and considered MEXT15-0002 for Zueletta Mead
and Mead Brothers Partnership, in accordance with Chapter 20 Subdivisions, Section 20-
68 Extension of Time, of the Butte County Code for Assessor’s Parcel Number 039-260-
058 & 039-260-060, and finds:
A. The Planning Commission previously approved Tentative Subdivision Map
TSM08-0007 (Mead) and adopted an Initial Study/Mitigated Negative Declaration
on August 27, 2009 with an expiration date of August 27, 2011.
B. The tentative subdivision map was subsequently extended 48 consecutive months
to August 27, 2015 with the enactment of California Government Code 66452.23
and 66452.24.
C. The applicant is requesting a six (6) year extension to August 27, 2021 to complete
the conditions of approval and record the final map.
D. The request for map extension was referred to various affected public and private
agencies, County departments, and referral agencies for review and comments.
E. A duly noticed public hearing was held on October 7, 2015; and
II. Approves Map Extension MEXT15-0002 for Zueletta Mead and Mead Brothers
Partnership, subject to the following findings:
A. The request for map extension was made in a timely manner on August 19, 2015,
prior to the expiration date of the conditionally approved tentative map.
B. The extension of time is granted until August 27, 2021 for good cause, namely for
more time in order to complete subdivision improvement requirements, comply
with the conditions of approval, and record the final map.
C. The underlying map which is now being extended conforms to the tentative
subdivision map approved by the Butte County Planning Commission on August
27, 2009 with the adoption of Resolution PC09-33,
D. Mitigation Measures and Conditions from TSM08-0007 in Exhibit A of Resolution
PC09-33, along with the modification of Condition #19, approved by the Board of
Supervisors with Resolution No. 09-153, are carried forward with the map
extension.
E. No change to the project, circumstances under which the project is undertaken, or
the physical environment had occurred that would cause new environmental effects
or an increase in severity of environmental effects. No subsequent environmental
review is required.
Approved by: ________________________
Date: _____________________