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HomeMy WebLinkAboutTPM14-0006 - ZDN (2)  Butte County Department of Development Services   January 6, 2016  ZDN – Dacy TPM14-0006  Page 1 of 3  ATTACHMENT A TENTATIVE PARCEL MAP TPM14-0006 (Dacy) ZONING ADMINISTRATOR DECISION ZDN16-0001 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 Ralph Dacy, Planning Division File No. TPM14-0006, with conditions and mitigations here attached, would have a significant effect on the environment. D. The custodian of the record is the Land Development Division of the Public Works Department. 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 Game 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 Game 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 TPM14-006 for Ralph Dacy, subject to the conditions found in Exhibit “A” and the following findings: A. The proposed map is consistent with the FR-40 (Foothill Residential, 40-acre minimum) zone. Proposed lots meet minimum parcels size and will support single-family residential development, consistent with allowed uses in the FR-40 zone (BCC24-18C). B. The project is consistent with the following General Plan Policies: LU-P4.1 The integrity and stability of existing residential neighborhoods shall be promoted and preserved. The project area consists of single-family residences and agricultural uses in a rural setting. The proposed project includes the creation of two parcels of 40.92 acres and 54.33 acres for single-family residential use, resulting in a project that’s compatible with surrounding rural residential development. The proposed 40 acre parcel has an approved conditional use permit (UP14-0006) for a commercial solar facility. COS-P5.2 Developers shall implement best available mitigation measures to reduce air pollution emissions associated with the construction and operation of development projects. The project includes an air quality mitigation measure that contains best management practices in the suppression of dust and other air pollution emissions.  Butte County Department of Development Services   January 6, 2016  ZDN – Dacy TPM14-0006  Page 2 of 3  COS-P7.4 New development projects shall mitigate their impacts in habitat areas for protected species through on- or off-site habitat restoration, clustering of development, and /or project design and through the provisions of the Butte Regional Habitat Conversation Plan (HCP) and Natural Community Conservation Plan (NCCP) within the HCP/NCCP Planning Area, upon the future adoption of the HCP/NCCP. The project site is in an area of scattered oak trees of various sizes. The site location has been chosen to reduce the number of oak trees to be removed. A mitigation measure is included to address the loss of oak trees. The project parcel and surrounding area is located within the Winter Deer Herd migratory area. Staff and the applicant worked with California Fish & Wildlife to include a mitigation to address the impacts the project could have on the migratory deer herd area. COS-P7.5 No new development projects shall occur in wetlands or within significant riparian habitats, except within the Butte Regional Habitat Conservation Plan (NCCP) Planning Area where such development is consistent with the conditions of the HCP/NCCP, upon the adoption of the HCP/NCCP. The BRCP Landcover Map has identified the project area as mostly Blue Oak Woodland with a small portion of Interior Live Oak Woodland. There are no wetlands or riparian habitats within the project site area. COS-P7.8 Where sensitive on-site biological resources have been identified, construction employees operating equipment or engaged in any development-associated activities involving vegetation removal or ground disturbing activities in sensitive resource areas shall be trained by a qualified biologist and/or botanist who will provide information on the on- site biological resources (sensitive natural communities, special-status plan and wildlife habitats, nests of special-status birds, etc.), avoidance of invasive plan introduction and spread, and the penalties for not complying with biological mitigation requirements and other State and federal regulations. COS-9 Protect identified special-status plant and animal species. COS-P9.1 A biological resources assessment shall be required for any proposed development project where special-status species or critical habitat may be present. Assessments shall be carried out under the direction of Butte County. Additional focused surveys shall be conducted during the appropriate season if necessary. Upon adoption of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP), assessment requirements of the HCP/NCCP shall be implemented for development projects within the HCP/NCCP area. A site inspection was conducted with California Fish and Wildlife. The site does include areas of dense oak woodlands and areas if individual and small groups of oak trees. The project site area is located in an area of individual and small groups of oaks, along with scrub brush and annual grasses and forbs. An oak tree survey was conducted to identify the number of oaks, over 5” dbh that will be removed. A mitigation is included to address the loss of oak trees. The project site has the potential to support special-status plant species; adobe lily (Fritillaria pluriglora), Butte County checkerbloom (Sidalcea robusta) and white-stemmed clarkia (Clarkia gracilis ssp. albicaulis). Protocol-level surveys shall be conducted by a qualified biologist during the species’ flowering period to verify these  Butte County Department of Development Services   January 6, 2016  ZDN – Dacy TPM14-0006  Page 3 of 3  species continue to not be present prior to vegetation removal, grading or construction activities in the project area. COS-P17.1 Views of Butte County’s scenic resources, including water features, unique geological features and wildlife habitat areas shall be maintained. Future development of the resultant parcel would be consistent with the established visual character of the surrounding area. 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. Project access for both parcels will use the existing access drive off of Cohasset Road. The project has been conditioned to restrict each parcel to one dwelling until such time the access drive is improved to meet minimum road standards for parcel that are 40 acres or larger, or Proposed Parcel B obtains their own access drive off of Cohasset Road.. 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 FR- 40 zone district. Existing and a future single-family residence on Proposed Parcel Bare consistent with the primary allowed land uses in the FR-40 zone. Future second dwellings would also be consistent with the FR-40 zone, with the approved access. 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 are no active faults within the project vicinity. The nearest active fault (Cleveland Hill) is located approximately 31.5 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. 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 one additional primary residence (with the existing access drive) and two second units (with additional improvements). The addition of up to three residential units would have a negligible effect on local or regional traffic.