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HomeMy WebLinkAboutTPM13-0006 ZDN  Butte County Department of Development Services   Deadmond TPM13-0006 - Zoning Administrator Decision  Page 1 of 4  BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN16-0004 TENTATIVE PARCEL MAP TPM13-0006 (Steve and Diane Deadmond) A Tentative Parcel Map (TPM) to divide a 4.72-acre parcel, in the VLDR (Very Low Density Residential - 1-acre minimum) zone and VLDR (Very Low Density Residential) General Plan designation, into four lots (1 at 1.72 acres and 3 at 1.0 acre). Pursuant to the requirements of Butte County Code §24-56.1 (Residential Setback from Orchards and Vineyards), the Department of Development Services in conjunction with the Agricultural Commissioner’s Office is recommending a residential dwelling setback from adjacent active orchards of 60 feet from the northwest property line and 80 feet from the southeast property line. APN 042-050-061 March 9, 2016 I. The Zoning Administrator has considered the Initial Study and Mitigated Negative Declaration in accordance with 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 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 Steve and Diane Deadmond, Planning Division File No. TPM13-0006, with conditions and mitigations here attached, would have a significant effect on the environment. D. The custodian of the record is the Department of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. E. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds that collection of fees pursuant to Fish and Wildlife 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 Wildlife 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)). III. Approves Tentative Parcel Map TPM13-006 for Steve and Diane Deadmond, subject to the conditions found in Exhibit “A” and the following findings: A. The proposed map is consistent with the VLDR (Very Low Density Residential, 1-acre minimum) zone. Proposed lots meet minimum parcels sizes and will support single-family residential  Butte County Department of Development Services   Deadmond TPM13-0006 - Zoning Administrator Decision  Page 2 of 4  development, consistent with allowed uses in the VLDR zone (BCC24-18E). B. The project is consistent with the following General Plan Policies: Goal AG-5 - Reduce conflicts between urban and agricultural uses and between habitat mitigation banking and agricultural uses. Policy Ag-P5.3.3 - The Zoning Ordinance shall require a setback between a new residence and an existing active orchard or vineyard that locates the residence as far away from the orchard or vineyard as practicable, taking into account adjacent agricultural uses and practices, provided it does not limit the density permitted by the residential zone, and in no case is less than 25 feet. This setback shall be imposed on the parcel developing with residences and shall be reviewed by the Zoning Administrator in consultation with the Agricultural Commissioner as to width. The setback shall be subject to a public hearing. Policy AG-P5.3.3 is implemented by BCC §24-56.1 - Residential Setback from Orchards and Vineyards. The proposed project was reviewed by the Department of Development Services, in consultation with the Agricultural Commissioner’s office, and a Residential Setback Recommendation from adjacent active orchards of 60 feet from the northwest property line and 80 feet from the southeast property line was recommended to the Zoning Administrator. Policy LU-P4.1 - The integrity and stability of existing residential neighborhoods shall be promoted and preserved. The project area consists of single family residential and an agricultural uses within the Very Low Density Residential (VLDR) zone. The residential zone supports densities of 1+ acre and may also include limited agricultural uses. The proposed project includes the creation of one acre parcels within the VLDR zone, resulting in development that is compatible with the surrounding residential neighborhood. Policy LU-P13.8 – Accommodate future urban and suburban growth that occurs in the Chico area of Butte County on lands situated in the Urban Side of the Chico Greenline. The project site is located in the Bell-Muir area, west of Chico, on the urban side of the Chico Greenline. The proposed project is consistent with the existing zoning (VLDR – 1-acre minimum). Policy - W-P4.6 - New development projects shall adopt best management practices for water use efficiency and demonstrate specific water conservation measures. Future development would be subject to California Green Building Standards Code, which contains specific measures for water conservation of residential development. Policy – W-P3.3 - The County shall protect groundwater recharge and groundwater quality when considering new development projects. Policy – W-P5.2 - New development project shall identify and adequately mitigate their water quality impacts from stormwater runoff. Future development would result in only a minor increase in impervious surfaces from the construction of concrete foundations and access roads. Thus, the proposed project would not cause a measureable reduction in surface infiltration or a decrease in deep percolation to the underlying aquifers. At the time of development, proposed improvements will be evaluated to ensure that stormwater runoff is appropriately retained on-site to adequately allow for groundwater recharge and improved water quality. Policy – COS-P5.2 - Developers shall implement best available mitigation measures to reduce air pollution emissions associated with the construction and operation of development projects.  Butte County Department of Development Services   Deadmond TPM13-0006 - Zoning Administrator Decision  Page 3 of 4  The project includes an air quality mitigation measure that contains best management practices in the suppression of dust and other air pollution emissions during construction activities. Policy – COS-P15.1 – Areas found during construction to contain significant historic or prehistoric archaeological artifacts shall be examined by a qualified consulting archaeologist or historian for appropriate protection and preservation. Historic or prehistoric artifacts found during construction shall be examined by a qualified consulting archaeologist or historian to determine their significance and develop appropriate protection and preservation measures. Policy – COS-P51.2 – Any archaeological or paleontological resources on a development project site shall be either preserved in their sites or adequately documented as a condition of the removal. When a development project has sufficient flexibility, avoidance and preservation of the resource shall be the primary mitigation measure. Policy – COS-P16.4 - If human remains are located during any ground disturbing activity, work shall stop until the County Coroner has been contacted and, if the human remains are determined to be of Native American origin, the NAHC and most likely descendant have been consulted. Mitigation measures have been included that address the recovery of cultural resources, and identification of human remains, should any be discovered through future grading activities on the resultant parcels. C. The design and improvements of the Proposed Parcel map are consistent with County standards and policies provided all conditions of project approval are complied with. Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the project analysis and proposed project conditions. No adverse impacts to the environment were identified in an Initial Study prepared for the project, with recommended Mitigation Measures for dust suppression and proper handling if cultural resources are unearthed. Design and improvements of the Proposed Parcel Map are consistent with County standards and policies D. 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 district. Existing and proposed single-family residences are consistent with the primary allowed land uses in the VLDR zone. E. The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the Proposed Parcel map provided the attached conditions are met. No easements will be abandoned with the proposed TPM. F. The project site is not located within an earthquake fault zone. As noted in the initial study for the project, there is only one known active faults within Butte County and it is located approximately 29.8 miles to the southeast. G. 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 in an Initial Study prepared per CEQA, from agency and departmental review, or from staff analysis.  Butte County Department of Development Services   Deadmond TPM13-0006 - Zoning Administrator Decision  Page 4 of 4  H. The roads in the project area have the capacity to handle the increase in vehicular traffic generated by the project. As noted in the initial study for the project, the project has the potential to allow three additional residential dwellings. The addition of three residential dwellings would have a negligible effect on local or regional traffic.