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HomeMy WebLinkAbout007-260-091TILE #: A003-07 AP #: 007-260-091 APPLICANT: ADDRESS: . OWNER: REPRESENTA TI VE: ADDRESS: PROJECT DESCRIPTION / LOCATION: I PROJECT SUMMARY SHEET John Byrne 3336 Keefer Road, Chico, CA 95973 Same. None A request from the Butte County Board of Supervisors for clarification of the density approved for the Byrne Tentative Subdivision Map DESIGNATION: 1. Application submitted: June 27, 2003 Amount $300.00 Receipt # 21256 Photocopy of deposit check received 2. Comments (sent to / received from): 3. Staff Report (date / prepared by): ❑ Staff Report in file 4. Published: (date / specify where) ❑ Hearing Notice, if published 5. C Commission Hearing(s): Agenda Action taken: 0 Found to be Consistent ❑ Found to be Inconsistent Notes/Special Conditions: 6. ❑ Minutes CLOSED FILES: ❑ Billed out $ date Received Check Amount: $ Receipt # ❑ Sent them Refund or' ❑ Check box if County-initiated—"Exempt from fees" K:\Planning\ALUC\BILLINGS\PROJECT SUMMARY SHEET.doc It 2. ALUC File No A03-07 (John Byrne), APN 007-260-091: A request from the Butte County Board of Supervisors for clarification of the density approved for the Byrne Tentative Subdivision. Mr. Betts gave a brief summary and briefly explained the process so far. He said it is his opinion that ALUC formerly approved this project for 40 lots. Chair Wallrich said that originally the staff recommendation was to find the project consistent at 36. He said it was noted that Lot A will then be available for additional development. He did not think the Commission's findings were worded where it was found consistent or inconsistent, the project was approved following staff's recommendation, and nothing was said regarding Lot A being developed into 4 more parcels. Commissioner Rosene said he thought that there was a promise inferred that the lot would be developed as far as possible. He said this proposal was the best plan submitted. Chair Wallrich said the Commission indicated that the project was approved at 36 lots and was not totally consistent with the 2000 CLUP, however, there were reasons to make it consistent because of shape. He said the Commission approved the project at 36 lots without a condition that the other 4 lots be developed. He noted that it was the applicant's intention to later develop the 4 lots. Mr. Baker read the original consistency finding C. 1, 2, 3, & 4, Exhibit A for John Byrne, report dated August 14, 2002, as follows: C. The resulting residential density will be approximately 3.85 dwelling units per acre is not consistent with the recommended allowable density of 4 dwelling units per acre for Compatibility Zone "C;" however, mitigating circumstances related to the project have been considered and found to be of significance when considering the compatibility issues. The mitigating circumstances are: 1. The subject property has an unusual shape that limits the options for designing a subdivision layout and the applicant has made all attempts to achieve a density of four dwelling units per acre, given the limitations of the site. 2. Neither the County nor the City of Chico will allow lots or a new roadway to gain access from Eaton Road. This restriction limits the lot design of the subdivision and the resulting number of lots. 3. Once City sewerage service is available to serve the site, Lot "A" will no longer be needed for sewage treatment and disposal. Lot "A" will then be available for additional development of at least 4 additional lots. The ultimate density of the subdivision would be 4.27 dwelling units per acre. 4. The current density of 3.85 dwelling units per acre will not result in the creation of any safety hazard with respect to the operations of the Chico Municipal Airport. The hearing was opened to the public. 0 Airport Land Use Commission 0 Minutes of Meeting of July 16, 2003 0 Page 3 0 John Byrne asked the Commission to word their motion to finding the project consistent for 36 lots or more. Barbara Hennigan noted that the problem is lot size versus how much of the land is developable. She said the criteria will need to be addressed. The hearing was closed. It was moved by Commissioner Harp, seconded by Commissioner Grierson, and unanimously carried to confirm.their previous finding of consistency for 36 lots or greater with the Butte County 2000 Land Airport Compatible Plan. Commissioner Harp said that ALUC has been criticized by cities and governments for not allowing development. He said when ALUC approves a development with high density and the neighbors come to the meetings, then the same government criticizes the Commission. ■ Airport Land Use Commission ■ Minutes of Meeting of July 16, 2003 ■ Page 4 ■ T -TA D 0 kl- A P-PROVEMP W - RECENED BY. T < By: vanary C'GLRZP( OF aLl I TE UFRER'SPRECEI.PT RECC-6VED FROM; PLARWR43 MLTE FUND FUND DEFT AGCT CASH 77FLE CODE CIOGE CODE 'CODE BE -POSIT DATE: 645) PIECEWTS- 2105-4-212-59 PLAIN"MING APPL FEES N. L Ce 10 4jawl 42109:N3 iala0i P-tojeof Mumber Amoo unt of Fee Chico Peo I-Prks UP 03-3-13 0,34%1^1 C-0,53 E Berger 'if- W! 03-05 z .Cts t4G,M,M0E CLERMS FELUNIG FE GEML 4--TCv0E2,1443-12A-5 I a I i (3m) pppject Nualber- Amount of -F.,--e .*43-1 IM,5.2 E Berger TP54 G3-!15 D.0.t.-ALUC PLAINNING a= 44aMl 49,1724.1 -IvolM% pr; eat Number Amount of Fee OQ077-215-021 j Byrne 01-08 DOCUMENTir-OVY SALES GEML Colo 44wl .0 477 I'd Ri - lioliiiZll i -3 ul, T -TA D 0 kl- A P-PROVEMP W - RECENED BY. T < By: vanary RECEIPT JOURNAL %.:VVN I T Ur ISUI Ir OFFICE OF PLANNING Xo-o3 0 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING L RECEIPT 21256 July 8, 2003 L.ANU car NA I U RAL W E A L T H AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 John Byrne 3336 Keefer Road Chico, CA 95973 RE: Butte County Airport Land Use Commission Meeting — July 16, 2003 Dear Mr. Byrne: Enclosed please find your copy of the Agenda for the upcoming Butte County Airport Land Use Commission (ALUC) Meeting scheduled for July 16, 2003. This meeting will take place at 9:00 a.m. in the Supervisors' Chambers located at 25 County Center Drive, Oroville. Also, enclosed is your copy of the staff report ALUC File No. A03-07 APN 007-260-091 to be discussed at this meeting under Agenda Item E. 1. If you have additional questions, please contact me at (530) 538-7604 Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enclosures AGENDA ITEM E.2. TO: Honorable Chair and Airport Land Use Commission FROM: Steve Betts, Senior Planner DATE: July 2, 2003 ITEM: ALUC File No. A03-07 (John Byrne), APN 007-260-091: A request from the Butte County Board of Supervisors for clarification of the density approved for the Byrne Tentative Subdivision Map. FOR: Airport Land Use Commission Meeting on July 16, 2003 This project was before ALUC on August 21, 2002, for approval of a 36 -lot Tentative Subdivision Map. The density for 36 lots was 3.85 dwellings per acre, which is.inconsistent with Compatibility Zone "C". It was discussed at that meeting that Lot "A", which would be utilized for sewage treatment and disposal, could be divided into at least four additional lots when the City of Chico sewerage system is available to serve the site. Including the potential additional development on Lot "A", the ultimate density of the subdivision would be 4.27 dwelling units per acre, which is consistent with Compatibility Zone "C". ALUC approved the project at a density of 36 lots, with four findings, one of which stated that the ultimate density of the project would be 4.27 dwelling units per acre when Lot "A" is further divided (Section 2, Finding C.3. of the August 14, 2002, ALUC agenda report). The 36 -lot Byrne Subdivision Map was approved by the Butte County Development Review Committee, but residents in the project area subsequently appealed that decision to the Butte County Board of Supervisors. The Board has held several meetings on the Byrne appeal and questions have been raised as to how many lots ALUC found to be consistent. The Board directed staff to take the Byrne project back to ALUC to clarify what density ALUC actually approved. Specifically, the Board wants to know if ALUC's finding of consistency was based on 36 or 40 lots. The Planning Division's environmental review of the Byrne project considered a density of 36 lots and the appeal before the Board is for 36 lots. If ALUC finds that 36 lots are consistent with the ALUCP, a motion should be made to that effect with the understanding that the additional four lots are not needed to make the project consistent. ALUC may want to make a motion to state that 36 or greater lots are consistent with 2000 Butte County Airport Land Use Compatibility Plan. . The August 21, 2002, ALUC agenda report and minutes are attached to this document for background information. Staff requests that ALUC discuss this issue and direct staff to prepare a letter to the Board of Supervisors with ALUC-'s clarification of the density approved for the Byrne Subdivision. Exhibits: A: Byrne ALUC Agenda Report, dated August 14, 2002 B. August 21, 2002, ALUC minutes k:\ahic\meetings\2003\07-16-03\byme 2003.doc AGENDA ITEM- E.1. TO: Honorable Chair and Airport Land Use Commission FROM: ALUC Staff DATE: August 14, 2002 ITEM: ALUC File No. A02-08 John Byrne, APN 007-260-091: A consistency review for a proposed Tentative Subdivision Map to divide a 9.3 —acre parcel into 36 single- family residential lots. The site zoned Suburban Residential (SR) and is located at the southwest comer of Eaton Road and Godman Avenue, Chico, south of the Chico Municipal Airport. FOR: Airport Land Use Commission Meeting on August 21, 2002 SUMMARY: Staff recommends that AL UC find the project consistent with the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport. BACKGROUND: The site is located approximately 1 mile south of the Chico Municipal Airport at the southwest comer of Eaton Road and Godman Avenue. It is in the unincorporated area and is under the County jurisdiction. The current General Plan land use designation is Low Density Residential (LDR) and zoning is Suburban Residential (SR). The property could potentially be developed at 6 dwelling units per acre if community sewerage service is available. Two single family dwellings are currently developed on the site. The project site is in an area that has already been developed with single family residential lots and are primarily in the 0.3 to 0.4 acre range. The property is located approximately 6,000 feet south of the end of runway 13L -31R and approximately 6,200 feet south of the end of runway 13R -31L of the Chico Municipal Airport. The applicant is proposing to create 36 single family residential lots on a 9.35 —acre parcel. Included in the development is a 0.73—acre parcel for sewage treatment and disposal, as well as a 0.27 -acre parcel for stormwater retention. ANALYSIS: According to the 2000 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal Airport, the property is located in a Traffic Pattern Compatibility Zone "C" - Traffic Pattern Zone. Two categories of compatible residential densities exist in Zone C. These are very low density (1 dwelling unit per 5 or more acres) and higher density (4 or more dwelling units per acre). This two - option criterion is based on a determination that the intrusiveness of aircraft noise is the most significant compatibility factor in Zone "C"; safety is only a minor concern. The concept is that noise concerns can be minimized either by limiting the number of dwellings in the affected area or by allowing high densities which tend to have comparatively high ambient noise levels. The resulting average density for the proposed project would be approximately 3.85 dwelling units per acre. This. i8utte County AFAirport Land Use Commission i gross density is not compatible with the provisions of Compatibility Zone "C" and the 2000 ALUCP because it does not meet the requisite density of four dwelling units per acre. Though the project does not strictly meet the 4.0 dwelling unit per acre requirement, Staff advises that the Commission could find the project consistent based on the mitigating circumstance related to the shape of the property and local land use regulations regarding lot design that make it difficult to achieve a higher density. The applicant has made a good faith effort to achieve a compatible density. Several different project designs have.previously been considered prior to the subject design was submitted. The project density excluding the sewage disposal area and the stormwater retention area would be 4.3 dwelling units per acre. The applicant is proposing to utilize a package sewage treatment facility on Lot "A" of the subdivision. When City sewer service is available to the site, the package treatment system will be abandoned and a minimum of four parcels will be developed out of Lot "A." The additional four lots would bring the gross density to 4.27 dwelling units per acre. Due to the unusual shape of the parcel and restrictions on having lots or roads access from Eaton Avenue, the design of the road layout and lots are limited. Accordingly, staff recommends that the Commission find the project in conformance with the 2000 ALUCP Airspace Protection and Safety: The topography of the site is generally level. The site elevation is approximately 178 feet above sea level. The project site is located under the horizontal surface which has an elevation of 388 feet above sea level. With approximately 210 feet between the ground and horizontal surface, there should not be an airspace conflict for single family residences. The inclusion of deed notices informing purchasers of the proximity to the airport should be required as a condition of the Tentative Subdivision Map. Environmental Documentation: No environmental documentation has been completed for this proj ect. RECOMMENDATION: Staff recommends that the Butte County Airport Land Use Commission find ALUC File No. A02-08 (John Byrne TSM) consistent with the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport. Exhibits: A: Findings B: List of References C: Project Location illustrated on the Chico Municipal Airport Compatibility Map K:ALUC\MEETINGS\2002\08-21 \Byme.doc HButte County HAirport Land Use Commission i 2 • BUTTE COUNTY AIRPORT LAND USE COMMISSION CONSISTENCY FINDINGS FOR: ALUC File No. A02-08: John Byrne APN 007-260-091 The Airport Land Use Commission has prepared the following findings based on data contained in the 2000 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal Airport, as well as site specific information submitted by the applicant and the ALUC staff. The following findings have been prepared at the direction of the ALUC and are for the consideration of the Lead Agency (County of Butte) when making a decision on the project. SECTION 1: ENVIRONMENTAL FINDINGS A. No environmental documentation was submitted at the time of project review. SECTION 2: CONSISTENCY FINDINGS FOR PROPOSED PROJECT A. The proposal to divide a 9.35 -acre parcel into 36 single-family residential lots is compatible with the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport based on the following findings and subject to the condition in Section 3. B. The project site is located in Airport Compatibility Zone "C" as listed in the 2000 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal Airport. C. The resulting residential density will be approximately 3.85 dwelling units per acre is not consistent with the recommended allowable density of 4 dwelling units per acre for Compatibility Zone "C;" however, mitigating circumstances related to the project have been considered and found to be of significance when considering the compatibility issues. The mitigating circumstances are: 1. The subject property has an unusual shape that limits the options for designing a subdivision layout and the applicant has made all attempts to achieve a density of four dwelling units per acre, given the limitations of the site. 2. Neither the County nor the City of Chico will allow lots or anew roadway to gain access from Eaton Road. This restriction limits the lot design of the subdivision and the resulting number of lots. 3. Once City sewerage service is available to serve the site, Lot "A" will no longer be needed for sewage treatment and disposal. Lot "A" will then be available for iButte County iAirport Land Use Commission i 3 additional development of at least 4 additional lots. The ultimate density of the subdivision would be 4.27 dwelling units per acre. 4. The current density of 3.85 dwelling units per acre will not result in the creation of any safety hazard with respect to the operations of the Chico Municipal Airport. D. Approval of the project without implementation of the requirements in Section 3 would necessitate the adoption of Overriding Findings by a 2/3 vote of the governing body. Overriding Findings by the governing body can only be made based up substantiated facts and must be supported by new substantial factual evidence introduced into the public record that the proposed action is consistent with the State Aeronautics Act as stated in Section 21670. Overriding findings cannot be adopted as matters of opinion, here say, or upon the unsubstantiated fears and desires of the governing body. SECTION 3: PROJECT CONDITIONS: 1. Provide a deed notice for the sale of all resulting lots notifying purchasers of the proximity of the airport and the potential for possible noise related impacts in an ALUC-approved disclosure notice. iButte County iAirport Land Use Commission i 4 EXHIBIT B List of References Data supporting the ALUC's findings have been generated from studies and reports prepared by recognized professionals and agencies with expertise in Airport Land Use Planning and land use compatibility. These include, but are not limited to: Butte County 2000 Airport Land Use Compatibility Plan R. Dixon Speak Associates - Prepared Butte County Airport Facilities Plan. Caltrans Division of Aeronautics =1993 Airport Land Use Planning Handbook.-, .. Hodges and Shutt - Prepared accident scatter data presented in Chapter 8 of the 1993 Airport Land Use Planning Handbook. University of California, Berkeley, Institute of Transportation Studies (1993) - Prepared accident scatter data presented in Figure 9E on page 9-13 of the 1993 Airport Land Use Planning Handbook. iButte County iAirport Land Use Commission i BUTTE COUNTY AIRPORT LAND USE COMMISSION Minutes of August 21, 2002 E. BUSINESS ITEMS ITEMS WITH PUBLIC HEARING 1. ALUC File No. A02-08 John Byrne, APN 007-260-091: A consistency review for a proposed Tentative Subdivision Map to divide a 9.3—acre parcel into 36 single-family residential lots. The site zoned Suburban Residential (SR) and is located at the southwest corner of Eaton Road and Godman Avenue, Chico, south of the Chico Municipal Airport. Mr. Craig Sanders presented the staff report.- He stated the proposal will create residential lots that are approximately 7,000 square feet in size. He added the overall average density is 3.85 dwelling units per acre. The property is located in the Zone "C" airport compatibility zone and allows for residential densities of 1 dwelling unit per 5 acres or 4 dwellings units or more per acre. Mr. Sanders explained that although the density of 3.85 is not consistent with the 2000 Airport Land Use Compatibility Plan, the following considerations should be taken in account: 1) the original lot is unusually shaped due to the angle of how Godman Avenue intersects Eaton Road and there are design constraints in order to come up with additional lots; 2) the restriction that neither Butte County nor the City of Chico want new access roads on Eaton Road; and 3) the City of Chico sewer system is not readily available to extend the sewer system to the site at this time. Mr. Sanders further explained that the applicant is proposing a package sewer treatment plant that will be located on Lot A, shown on the northwest corner of the map. He stated that this plant will serve the subdivision until the City of Chico brings a sewer system to the area, then Lot A will be available for additional residences. He added that staff feels that at least four more units can be accommodated on this parcel sometime in the future. He added that when that occurs, the overall density would be 4.27 dwelling units per acre which would bring it over the threshold of 4.0 dwelling units per acre. . Mr. Sanders concluded his presentation and recommended the. Commission find the project consistent with the 2000 Airport Land Use Compatibility Plan subject to a Deed Notice. Commissioner Rosene asked Mr: Sanders for clarification on the density number in relation to the General Plan. Mr: Sanders responded that the General Plan and zoning could allow for up to 6 dwelling units per acre. Commissioner Rosene asked if this project is consistentwith the General Plan and Mr. Sanders responded "yes." Commissioner Wallrich asked Mr. Sanders if the package sewage disposal system is acceptable to Butte County. Mr. Sanders replied that this system is not used extensively but it is acceptable to the County and Regional Water Quality Control Board. He also stated that the applicant is in the process of ensuring the package sewage disposal system will meet all the necessary conditions with the State of California and Butte County. Chair Wallrich asked Mr. Sanders for clarification on what would happen when the City of Chico's sewer system does come into place .for the subject area. Mr. Sanders responded that Lot A will be broken up into 4 lots and a new subdivision map will be created. Commissioner Rosene asked Mr. Sanders why the property could not be annexed. Mr. Sanders replied that, at this time, sewer service from the City of Chico is unavailable. He added that when sewer service is available, he is sure the City_ will require annexation. Mr. Sanders discussed background information related to. this site where ten smaller lots were to be developed in a phased approach. He explained that there were problems showing and not showing configurations of the these lots. Mr. Sanders further explained that at an earlier meeting, the Airport Commission requested to see the full density and we could not get past the conceptual idea that 10 lots would be developed in a phased approach and ultimately the density would be consistent under the Plan. He added, the lots could not be developed until a sewer system was in place and that plan did not work out. Chair. Wallrich stated that the project does not match the density level the ALUC Commission has established. Mr. Sanders added that there are other physical problems with the site. He explained that the project is at minimum lot size now and further reduction is not possible. Chair Wallrich asked Mr. Sanders who will retain ownership of Lot A.. Mr. Sanders stated he would let the applicant answer this question. Chair Wallrich opened the hearing to public comments. Commissioner Grierson asked what was the previously approved density when the project was reviewed about a year and half ago. Mr. Sanders responded that there were two applications. The first application was for ten 1 -acre .lots reviewed under the 1999 Comprehensive Land Use Plan (CLUP). Mr. Byrne's second proposal was to achieve a higher density in a phased manner with 10 lots being developed in the first phase. He added that he did not recall if the 4 dwelling units acre density was achieved, but believed the 3-% range was achieved. Commissioner Grierson then asked about the setback areas on Mr. Byrne's tentative map of the subdivision. He added that .there is a 150 -foot sewage disposal system setback. Commissioner Grierson stated that from his experience there cannot be any encroachment in that setback area, which would wipe out Lots 29, 30, 31, and most of Lot 32. Mr. Sanders responded that there would be a setback only for leach fields and permanent structures can be placed there. 0 Airport Land Use Commission ■ Minutes of Meeting of August 21, 2002 0 Page 2 ■ Commissioner Greenwood added a comment that it was possible for the applicant to enter into a deed restriction for Lot A. He stated that it could be recorded and referred to on the subdivision map which would require Lot A to be divided when sewer becomes available. Mr. Sanders responded that you could not compel someone to divide their land. Mr. Sanders responded that it is a discretionary approval or action. Commissioner Lambert. asked Mr. Sanders for a clarification on how a sewage treatment and disposal area plant works in regard to removal. Mr. Sanders responded that the treatment plant is removable; it can be dismantled and can be available for houses: He added that there are no contamination issues. Mr. Byrne spoke to the ALUC commission regarding his previous project approvals. He stated that the first map was approved for 1 -acre lots from the 1999 CLUP. The second map was at a density of 2.7 units at a phased approach. Mr. Bryne stated he. had tried to bring forward a total map with approximately 42 lots in the configuration and Butte County determined he could not show those lots where Lot A is currently. He added that he had to show Lot A as a sewage treatment system, because those were undevelopable lots under this map. Mr. Bryne explained that the Regional Water Quality Control Board has enormous control over this project and he is trying to ensure the current map configuration complies with this Board and the City of Chico. Mr. Byrne stated he would be doing the underground work for future hookups in preparation for when the City of Chico sewer system arrives. But, he added, "The City of Chico does not have a timeline for the sewer, so no one can allow me to. bring forward a map. They have been telling me two years for two years." Mr. Bryne added that it is necessary to. exclude, logically, Lot A from the overall density: Mr. Bryne provided additional information to an earlier question from Commissioner Rosene regarding annexation. He stated he has had lengthy conversations with Steve Lucas from LAFCO to annex this property. Mr. Bryne said he could add a sewage treatment pumping station for far less money and connect with the Lassen Avenue sewage line than the on-site treatment system, but he cannot by law. Mr. Bryne explained that the City of Chico will not accept any islands of annexation and the subject area is too far from City of Chico property. Mr. Bryne added that the only annexation LAFCO allows if you are in close proximity. Mr. Bryne explained that he has explored numerous configurations in order for this plan to work for the Regional Water Quality Control Board, the Butte County Health Department, and the Butte County Planning Division. Mr. Byrne stated his goal was to obtain the highest density possible because the package sewer plant is a fixed cost. He explained that additional lots are an advantage so he can amortize the cost over these lots. Mr. Bryne also added, "There is not any way for me to increase the density given the current shape of everything right now." Mr. Byrne addressed Commissioner Grierson's earlier question regarding the reason for the 150 -foot setback for the sewage disposal. He explained that there is a drinking well located in this area and the Regional Water Quality Control Board will not allow his sewage system to be within 150 feet of the drinking well. 0 Airport Land Use Commission ■ Minutes of Meeting of August 21, 2002 ■ Page 3 ■ Commissioner Rosene asked how the package sewer system would work. Mr. Bryne replied that the system will be gravity fed and' construction conforming to the City of Chico standards. He stated that he has not entered into the engineering phase because of the planning issues at hand. Mr. Byrne further explained that there will be a pipe directed to the on-site treatment system that will remain gravity fed and a stub would also be placed there. He added that when the City of Chico brings the sewer system to that area, he would abandon the package sewage disposal system and it will be gravity fed into Eaton Road. Mr. Bryne stated that Northstar Engineering would do the preliminary engineering for the City of Chico on Eaton Road for that sewer extension. He explained it will be probably 14-17 feet deep in that area and his sewer system is at 4 1/2 to 5 feet, and there is no reason for a pumping station. He added the City of Chico does not want to inherit a pumping station since it requires power and constant maintenance. Commissioner Rosene asked if it is going to need a pumping station. Mr. Bryne replied that generally sewer is always in the middle of the street, and a pumping station is usually a manhole in the middle of that line. He added that when he receives approval for this project, Northstar Engineering and the City of Chico would design a manhole on Eaton Road that his sewer can drop into. Mr. Bryne stated the City of Chico would handle the pumping. Commissioner Rosene asked Mr. Bryne if the sewage system is an above ground tank to tank system. Mr. Bryne replied, "No. It is an underground tank system." Mr. Byrne added he has not decided on the ultimate plan because part of this requires the Regional Board's approval. He further added that he has a couple of different plans; one requires two tanks and another requires one tank. He informed Commissioner Rosene that these are issues we can not address here today, because the State Level Water Quality Control Board will address any possible contamination issues. Chair Wallrich stated that the project is at 3.85 and the minimum is 4.0. He also stated that it is in Mr. Byrne's best interest to hook on to the sewer system, eliminate his package sewage disposal system, and then add 4-6 lots. Chair Wallrich asked Commissioner Greenwood about the deed restriction idea discussed earlier. Commissioner Greenwood explained that a deed restriction requires the applicant to file an application to subdivide but the ALUC Commission can not force the Planning Commission, the Board of Supervisors, Butte County, or Counsel to approve it. He added that if it is critical in this matter it might be something to consider. Mr. Byrne explained that he would like to show that 6 additional lots, but if he makes reference to Lot A being developable, the Butte County Health Department will reject the map. He added that he would be back to either the phased approach of 2.7 units per acre or the 1 -acre approach previously approved. Mr. Bryne stated that there are no other maps but the two that were approved. Commissioner Rosene requested to put in writing that states Lot A, when it is completed, will be developed so the requirement of 4.0 units per acre will be met. Mr. Sanders responded that the ALUC Commission could not compel an individual to this. Mr. Sanders also added it was the Commission's duty to review projects and make the 0 Airport Land Use Commission 0 Minutes of Meeting of August 21, 2002.0 Page 4 ■ determination if the project is consistent and compatible with the 2000 Airport Land Use Compatibility Plan and the activities that occur there. Mr. Sanders added that there is clearly some potential for future development. Chair Wallrich asked Mr. Sanders if adding one more lot would bring the density requirement to 4.0. Mr. Sanders responded that two would be needed to meet the requirement. Commissioner Lambert asked Mr. Sanders if there is an agreement between the City of Chico and developers in regard to providing sewer when it becomes available. Mr. Sanders answered that he did not believe these parties enter into this type of agreement any longer. Mr. Bryne stated to the ALUC Commission that the bottom line is if this project does not move forward, he would proceed with one of the other maps already approved by ALUC. He added that he has waited too long. Commissioner Lambert asked Mr. Sanders if Mr. Byrne has an approved map for one dwelling unit per acre and does he have another approved project. Mr. Bryne responded that they have not moved forward to DRC but have ALUC approval of those. Mr. Bryne fiu-ther stated that he wants to do this project at 3.85 units per acre. He added this map, however, is a revision to what has been previously approved in a phased approach of 10 lots with a density of 2.7 units per acre. Chair Wallrich added that the 2.7 units per acre is off the table, at this point, because this is a revision. Mr. Bryne concluded his presentation by stating if this ALUC application is denied he would proceed with the 2.7 units per acre since he has legal approval with DRC. Commissioner Greenwood stated that the reason he is not too concerned with the sewage disposal site is because it is obvious that if the treatment plant were removed it would make sense to develop it. But, he added if you take the subdivision and storm water detention area out of the acreage one comes up with 4.3 units per acre. Commissioner Rosene requested from. Mr. Bryne that for the record to be noted in the August 21, 2002 meeting minutes that once the sewage treatment disposal area is abandoned sometime in the future, he would develop two units of residential housing in that area. Mr. Byrne answered, "Absolutely. And, as long as it is within the law, I will do that to the highest relative density that I can." Chair Wallrich asked if there were any other questions. Mr. Byrne stated that he understood what the ALUC Commission is charged to do and this is a better plan. Mr. Byrne reiterated that he would like to add additional units but he is unable to do so at this time. Alternate Commissioner Papadakis stated his concern regarding the temporary sewage disposal versus approaching the City of Chico to inform them of the potential costs to future homeowners. He also commented that the design of the package sewage disposal 0 Airport Land Use Commission 0 Minutes of Meeting of August 21, 2002 0 Page 5 ■ system is unknown and that it is uncertain if it will fit within this area and if the Regional Water Quality Control Board will approve it. Chair Wallrich stated that the project plan has gone from 2.75 to 3.85, so it is better plan. He added that it makes sense from a business standpoint that there will be 6 additional dwellings added. Chair Wallrich. also stated that how the City of Chico would handle the Byrne project is not within ALUC's scope of responsibility. Mr. Sanders responded that ALUC is in charge of reviewing the project with respect to the 2000 Airport Compatibility Plan. There being no further questions, the public hearing was closed. A motion was made by Commissioner Greenwood, seconded by Commissioner Harp, and passed by a..vote of 6.10 1, to find ALUC Application A02-08 (John Bryne) consistent with the ALUCP based on the staff report and subject 'to a Proforma of the Deed Notice. (Vote: Chair Wallrich, Commissioners Harp, Rosene, Lambert, Grierson and Alternate Greenwood voting for the motion; Commissioners Baldridge voting against the motion; Absent: None; Abstentions: None.) Commissioner Grierson requested Mr. Sanders to add the Deed Notice proforma as an attachment or exhibit in the CLUP document. 0 Airport Land Use Commission 0 Minutes of Meeting of August 21, 2002 ■ Page 6 ■