HomeMy WebLinkAbout#18-06 2018-05-10 RESOLUTION APPROVING TENTATIVE PARCEL MAP TPM17-0002RESOLUTION NO. PC 18-06
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING
TENTATIVE PARCEL MAP TPM17-0002
WHEREAS, the Planning Commission has considered Tentative Parcel Map TPM 17-0002 for Faustino
Regino III, Samuel Ditty and Ashley Ditty (Faustino Regino, et al.), in accordance with Chapter 20; Subdivisions,
of the Butte County Code on Assessor's Parcel Numbers 005-382-019; and
WHEREAS, the Planning Commission has considered the categorical exemption in accordance with the
California Environmental Quality Act (CEQA); and
WHEREAS, said map was referred to various affected public and private agencies, County departments,
and referral agencies for review and comments; and
WHEREAS, the Butte County Zoning Administrator considered Tentative Parcel Map TPM 17-0002 at a
duly noticed public hearing on March 14, 2018 and March 28, 2018 and referred this application to the Planning
Commission; and
WHEREAS, the Planning Commission held a duly noticed public hearing was held on May 10, 2018;
and
WHEREAS, the Planning Commission has considered public comments and a report from the Planning
Division.
NOW, THEREFORE, BE IT RESOLVED, that the Butte County Planning Commission hereby finds and
declares the following:
I. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to
14 CCR Section 15315, a Class 15 exemption for the division of 4 or fewer parcels in urbanized areas
zoned for residential uses and that has existing services, subject to the following findings:
A. The proposed creation of three lots are consistent with the Butte County General Plan, the
Chapman — Mulberry Neighborhood Plan and the MDR -CM (Medium Density Residential —
Chapman -Mulberry Overlay) zone.
B. Each lot is developed with an existing single-family residence that are currently served by
existing access, public water and public sewer services.
C. The project site is located on level terrain with slopes between 0 and 2 percent.
C. On the basis of the whole record before the Planning Commission, including any comments
received, there is no substantial evidence that the Tentative Parcel Map for Faustino Regino, et
al., Planning Division File No. TPM 17-0002, with conditions here attached, would not have a
significant effect on the environment.
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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. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to
Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required.
II. Denies the Exception Request to waive the requirements for road improvements recommended by the
Butte County Public Works Department and City of Chico, subject to the following findings:
1. Site conditions along the frontage of the subject property supports application of recommended
road improvement standards. No evidence has been provided by the applicant that substantiates
that physical conditions at the project site would impede construction of the recommended
improvements or that there are special circumstances pertaining to conditions, topography, size,
shape or location of existing development affecting the property.
2. No alternative street frontage design has been provided by the applicant to address existing storm
water drainage problems identified in the Chapman/Mulberry Improvement Report and
Neighborhood Plan. Granting the exception request without an alternative solution to road
drainage issues would be detrimental to other properties along Ohio and Guill Streets within the
same and surrounding zoning districts.
3. Recommended improvements have been applied consistently by both Butte County and the City
of Chico to other properties in the area since the adoption of said standards, and would continue
to be applied to properties.
4. Granting of the exception request would be contrary to the Goals and Policies of the Butte County
General Plan 2030 that support the implementation of the Chapman/Mulberry Neighborhood
Plan and its recommend street improvements, as well as policies to support implementation of
the street standards of the City of Chico as the project site is located in the City's Sphere of
Influence.
III. Approves Tentative Parcel Map TPM 17-0002 for Faustino Regino, et al., subject to the conditions found
in Exhibit "A" and the following findings:
A. The project is consistent with the MDR -CM (Medium Density Residential-Chapman/Mulberry
Plan Overlay) zone and Medium Density Residential General Plan Land Use designation, as well
as with the policies of the other elements of the General Plan and the Chapman Mulberry
Neighborhood Plan.
The division will enable the creation of parcels over the minimum 6, 000 square foot parcel sizes
required by the MDR -CM zone. The MDR -CM zone supports the existing residential land uses
currently on the project site. General Plan Goals and Policies applicable to the project are
identified in the General Plan Consistency Review table, contained in the March 14 Zoning
Administrator Agenda Report. The findings in the table conclude that the project is consistent
with each applicable goal and policy.
B. The design and improvements of the proposed parcel map are consistent with County's standards
and policies, provided all conditions of project approval are complied with.
Proposed parcels meet lot design standards and project is consistent with design and
improvement standards established for sewage disposal, domestic water and access.
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C. The project site is physically suitable for the type and density of the proposed development.
The parcels are established at a density consistent with minimum requirements of the MDR -CM
zone, and that are capable of supporting residential and limited -agricultural type land uses
permitted by the MDR-CMzone.
D. The design and improvements of the project will not cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat.
The Project is located in an infill area that has been extensively disturbed by past and present
uses and improvements, and where there are no important fish and wildlife habitats that would
be substantially affected with project buildout.
E. Approval of this project will not be detrimental to the public health, safety, and welfare.
The project has been reviewed by local and State agencies for consistency with regulations
established to protect the health, safety, and welfare of the public, including regulations relating
to sewage disposal, domestic water, and access. Conditions are included with the project that
would ensure that the project will not be detrimental to the public.
F. 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 subdivision provided
the attached conditions are met.
A search of the preliminary title reportfor the subject property did not identify any public access
easements.
DULY PASSED AND ADOPTED this 10th Day of May, 2018, by the following vote:
AYES: Commissioners Chase, Donati, John, and Chair Grundmann
NOES:
ABSENT: Commissioner Kennedy
ABSTAIN:
LarryGru ma, Chair
Planning Commission
County of Butte, State of California
A/yy�/}/yEST:y /
I � t�
Kim McMil1an,,'Secretalry
Ela�ning Commission
County of Butte, State of California
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EXHIBIT A
Tentative Parcel May for Faustino Regino, et al. on APN 005-382-019, File # TPM17-0002: An application
for a Tentative Parcel Map to subdivide 0.48 acres located at 1206 Guill Street and 991 Ohio Street in the MDR -
CM (Medium Density Residential-Chapman/Mulberry Plan Overlay) zone into three lots of .23 acre (Parcel 1),
.17 acre (Parcel 2) and .19 acre (Parcel 3).
I. CONDITIONS OF APPROVAL:
Planning Division, Department of Development Services
1. Prior to recordation of the Parcel Map, pay any outstanding project -related processing fees.
2. All new exterior lighting on the resultant parcels shall comply with Chapter 24, Section 67 of the Butte
County Code, Outdoor Lighting Standards. Exterior lighting shall be located, adequately shielded, and
directed such that no direct light falls outside the property line, or into the public right-of-way. Flashing,
flickering, or other lighting that is distracting or may be confused with traffic or emergency signals shall
be prohibited.
3. Prior to recordation of the Parcel Map, the applicant shall secure the existing residence on Parcel 3 against
unauthorized trespass, or obtain a Butte County Demolition Permit and demolish the existing residence.
Securing or demolition of the structure shall be to the satisfaction of the Butte County Building Division.
Reconstruction of said structure shall be consistent with Condition No. 4 (below).
4. Redevelopment of the single-family residence on Parcel 3 is permitted with the approval of a City of
Chico Sewer Connection Agreement and a Butte County Building Permit. If the EDUs (Equivalent
Dwelling Units) of the preexisting single-family residence is proposed to be increased, residential
development on Parcel 3 is only permitted upon annexation to the City of Chico.
5. Prior to recordation of the Parcel Map, the property owner shall record a declaration acknowledging the
right to farm, pursuant to Chapter 35 of the Butte County Code (Agricultural Statement of
Acknowledgement).
6. Place a note on a separate document which is to be recorded concurrently with the parcel map or on an
additional map sheet that states: "A Declaration of Acknowledgement Right to Farm (Agricultural
Statement of Acknowledgement) has been recorded on the parcels."
Land Development Division, Department of Public Works
7. Prior to recordation of the parcel map, obtain an encroachment permit and improve all new and existing
driveway approaches to publicly maintained roads as specified in the county improvement standards and
the terms of the encroachment permit.
8. Prior to recordation of the parcel map, construct or provide a performance, labor and material bond for
construction of street frontage improvements on Guill Street and Ohio Street. Construct a'/z + 10' street
section along the entire parcel frontage in conformance with county improvement standard CM -3,
including concrete valley gutter and gravel shoulder, 2" AC, 8" AB, prime coat, fog seal and 95% relative
compaction. Submit design to the Land Development Division for approval, prior to construction "R"
value determination and other data may be required to support the section design.
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9. Prior to recordation of the parcel map in accordance with Butte County Code Section 26-25 either: (a)
Show or note the existing regulatory flood plain on the map; or (b) Establish the regulatory flood plain
and then show it on the map.
10. Prior to recordation of the parcel map, pay drainage impact fees per Article XI, Chapter 3 of Butte County
Code.
11. Prior to plan approval, a construction storm water permit is required by the State Water Resources Control
Board for ground disturbance, including clearing, excavation, filling, and grading. The permit must be
obtained from the State Water Resources Control Board. Engineering plans shall show the Waste
Discharge Identification (WDID) number on the title sheet of the plans and a copy of the erosion and
sediment control plan shall be provided to the Land Development Division of the Public Works
Department. Place a note on an additional map sheet that states: "The development of this parcel map
required a construction storm water permit. Development of individual lots may require an additional
permit(s)."
12. Show all easements of record on the parcel map.
13. Prior to recordation of the parcel map, pay in full any and all delinquent, current and estimated taxes and
assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government
Code commencing with Section 66492.
14. Pay the recording fees in effect at the time the parcel map and related documents are recorded.
Butte County Fire Department/Cal Fire
15. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on
parceWlots shall comply with current Butte County Improvement Standards.
16. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and
20 feet wide for commercial, and vertical clearance of 15 feet that will allow for ingress and egress and
accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures.
Environmental Health Division, Public Health Department
17. The applicant shall record a note on the Parcel Map or on an additional map sheet stating: "Reports that
may have been conditions of approval on the tentative map and a list of current county requirements for
building sites are on file and available for review in the Butte County Department of Development Service
and Butte County Public Health Department Environmental Health Division files"
City of Chico
18. The project shall comply with the applicable provisions of the Chapman/Mulberry Neighborhood Plan.
The applicant shall be advised that upon annexation any subsequent development of the site shall be in
accordance with the SD -6 Overlay Zone requirements and/or other regulations pertaining to the area at
the time of annexation.
19. Pursuant to the Street Standards of the Chapman/Mulberry Neighborhood Plan, the frontage
improvements on Ohio Street and Guill Street shall conform to the street specification in Appendix A,
Page 2 of 4, Section Detail CM -3.
20. Compliance with the Storm Water Management Plan requirements is required.
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21. Prior to recordation of the parcel map, the applicant shall file an Application for Sewer Connection for
Land Divisions with the City of Chico. The applicant shall complete all necessary requirements to
complete the sewer connection for each resultant lot, to the satisfaction of the City of Chico, including
payment of any outstanding assessments and installation of a sewer lateral for each new parcel. The
applicant shall provide written documentation from the City verifying that all applicable requirements
have been met to the satisfaction of the City.
U. NUTATION
A. Minor changes may be approved administratively by the Directors of Development Services,
Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant,
or their respective designee. Prior to such approval, verification shall be made by each Department or
Division that the modification is consistent with the application, fees paid and environmental
determination as conditionally approved. Changes deemed to be major or significant in nature shall
require a formal application for amendment.
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