CU24-043 Staff Decision - Laserfiche WebLink

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The applicant’s soils assessment was submitted to DLCD for review and a letter from DLCD was included with the review stating that they found the soils assessment is complete and consistent with reporting requirements. The applicant’s soil assessment therefore meets the requirements set out in MCC 17.136.130 and a change in the soil classification can be considered. The soils assessment found that 75.7% of the soils on the subject parcel are comprised of non-high value farm soils, with a total of 6.36- acres of Class IV and Class VI soils. Therefore, the criterion is met. (2) The dwelling will be sited on a lot or parcel that does not currently contain a dwelling and was created before January 1, 1993. The boundary of the lot or parcel cannot be changed after November 4, 1993, in any way that enables the lot or parcel to meet the criteria for non-farm dwelling. Research into the deed history of the parcel found that it has been in its current configuration since at least April 4, 1974. The parcel also does not contain any dwellings. The criterion is met. (3) The dwelling will not materially alter the stability of the overall land use pattern of the area. In making this determination the cumulative impact of possible new non-farm dwellings on other lots or parcel in the area similarly situated shall be considered. To address this standard, the following information shall be provided: a) Identify a study area for the cumulative impact analysis. The study area shall include at least 2,000 acres or a smaller area not less than 1,000 acres, if the smaller area is a distinct agricultural area based on topography, soil types, land use pattern, or the type of farm or ranch operations or practices that distinguish it from other, adjacent agricultural areas. Findings shall describe the study area, its boundaries, the location of the subject parcel within this area, why the selected area is representative of the land use pattern surrounding the subject parcel and is adequate to conduct the analysis required by this standard. Lands zoned for rural residential or other urban or nonresource uses shall not be included in the study area; The applicant provided a study area encompassing 2,000-acres of surrounding land. This study area included only properties zoned for Farm Use. The applicant has indicated that this study area is representative of the land use pattern surrounding the subject parcel. Uses within the study area are traditional row crops (particularly grain and grass production), plant nursery fields and structures, and hazelnut orchards. Staff concludes that the area presented by the applicant is a fair representation of the surrounding area and is sufficient to arrive at a sampling of the land use pattern. b) Identify within the study area the broad types of farm uses (irrigated or nonirrigated crops, pasture or grazing lands), the number, location and type of existing dwellings (farm, non-farm, hardship, etc.), and the dwelling development trends since 1993. Determine the potential number of non-farm dwellings that could be approved under MCC 17.136.050(A), including identification of predominant soil classifications and parcels created prior to January 1, 1993. The findings shall describe the existing land use pattern of the study area including the distribution and arrangement of existing uses and the land use pattern that could result from approval of the possible non-farm dwellings under this provision; The subject parcel is in a 1.3 mile stretch of land separating Butte Creek and the main stem of the Pudding River that has no other substantial active uses other than farming operations. The predominant farm uses in the study area identified by the applicant are row crops with a mixture of grasses and grain. Using available imagery from 2021 and 2023, staff also identified hazelnut orchards and nursery stock as the other major farm uses within the study area. Within the study area there was a total of 112 whole and partial tax lots. All 112 lots included in the study area are zoned EFU. A significant majority of the lots within the study area are below 60-acres in size, with only 10 of the 112 tax lots containing more than 60-acres. The largest parcel within the study area is 243.33-acres and is predominantly planted in hops, however most of this parcel is located outside the study area and is on the other (west) side of the Pudding River from the subject parcel. Of note: 4 of the 10 tax lots over 60-acres are located west of the Pudding River.