Loading...
HomeMy WebLinkAboutAGENDA REPORT - OCTOBER 147, 2004• BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT— October 14, 2004 Applicant: Robert Taylor ' . APN: 72-180-013, -052 File #: TSM 04-05 (Sierra Vista- Location: The, property is located on Subdivision) the east side of Oroville . • Quincy Highway, approximately 6,000 feet north of Forbestown Road, » east of Oroville F Request: This is a proposal for a , Planner: Dan Breedon, Principal Tentative Subdivision Map Planner to create 40 residential lots ranging in size from 1.O1 to Parcel, Size: x,88.6 acres 2.11 acres from two parcels totaling 88.6 acres. (Rezone 04-01 submitted ` concurrently to allow for proposed density) Attachments: G.P.: Agricultural Residential A: General Plan/Zoning Map Zoning:, FR -40 (Foothill . B: Resolution 87-108 Recreational, 40 -acre C• March 22, 2004 Letter from parcels) RWQCB —Ray Bruun, P.E. D: March 18, 2004 Letter from. Environmental Health Supervisor 1 , E: February 11, 2004 Letter District' from RWQCB —Ray Bruun,. P.E. r F: Tentative Subdivision Map EXECUTUVE SUMMARY. The applicant proposes to utilize on-site ponds for the storage of water associated with a proposed_ community sewage disposal system.. County Resolution 87-108 prohibits the use of sewer ponds within Butte County. Staff recommends denial of this Tentative Subdivision Map because .the applicant has not provided any alternative method to mitigate sewage' s disposal flows other than through the use of sewer ponds. m Butte County Planning Commission ■ Robert Taylor TSM 04-05 Agenda Report ■ ■ October 14, 2004 ■•Page 1 of 7 ■ ' PROJECT DESCRIPTION/SITE CHARACTERISTICS 1. This is a proposal for a Tentative Subdivision Map 'to create 40, residential parcels . ranging in size from 1.01 to, 2.11 acres. 2. Phase I of the subdivision would consist of 22 residential lots and 7 common areas. Phase .II of the subdivision would complete build -out with 18 residential lots and 3 additional common areas. 3. The 10'common areas would range in size from 0.29 acres to 17:39 acres. These ureas would be used as open space as well as areas for locating storm"water detention. facilities, water distribution and storage facilities; .and wastewater treatment, disposal, " and storage. 4. Sewer service would be provided by a Septic Tank Effluent Pump (STEP) system for the collection of septic tank effluent. The effluent would be pumped to a central location, and treated to a secondary level. The.treated effluent'would be disinfected and pressure dosed to absorption fields and storage ponds for final disposal. 5. Water would be provided by a private water system. 6. Drainage from the site would be collected with a combination of underground piping and open, natural channels. Storm water detention facilities would be utilized to reduce peak flow effects. Three detention basins are shown on the tentative map. 7. 'Access would be provided by an internal subdivision road entering the project at two locations (forming a loop) on Oro -Quincy Highway (SR -162). .8. The project site is currently undeveloped. Two dirt roads provide existing access from SR -1'62. 9... Vegetation consists of ,steep to rolling blue oak woodland and associated understory shrubs and grasses. 10. Two intermittent unnamed streams course through the north and south side of the project site. 11. Large (exceeding. 40 acres In size) parcels are adjacent to the north, south, -and east and are zoned FR -40: 12. Land owned ,by the State 'of California and operated by the Department of Water Resources in conjunction with Lake Oroville lie to the'west on the opposite side of SR -162. 13. The surrounding area is generally undeveloped. CEQA ISSUES An initial study has not been prepared. Public Resources Code Section 21080 b. (5) states that CEQA is not applicable to projects that are going to be denied. CEQA findings are, therefore, not required. ■ Butte County Planning Commission ■ Robert Taylor TSM 04-05. Agenda Report ■ V October .14, 2004 ■ Page 2 of 7 ` ■ ANALYSIS: 1. As discussed in the previous project description section the applicant plans to utilize a Septic Tank Effluent Pump (STEP) system for the collection of septic tank effluent from the 40 proposed residential parcels. 2. When a community sewage disposal system is proposed for a subdivision the Regional Water Quality Control Board and the Butte County Environmental Health Division requires the applicant to apply for a Report of Waste Discharge to ensure compliance with State laws regulating waste discharge. 3. On February 27, 2004. the applicant submitted an application for a Report of Waste Discharge for the discharge of domestic wastewater associated with the proposed subdivision. 4. In a March 18, 2004 letter. to the applicant concerning the use of the proposed community sewage disposal system the Environmental Health Division stated that... "There appears to be no other alternative design of sewage disposal system that will be able to adequately and safely dispose of the volume of sewage that that is anticipated to be generated by your present proposal other than a system that somehow employs ponds as a critical part of the design." 5. The Environmental Health Division found the proposed use of sewer ponds for the storage of effluent generated by this subdivision as inconsistent with Butte County Board of Supervisors' Resolution #87-108. 6. Butte County Resolution #87-108 indicates that "sewage disposal systems which include surface ponds for treatment or retention to be an unacceptable method of sewage disposal for small area, or individual development projects in Butte County." 7. Based upon this inconsistency, the Regional Water Quality Control Board suspended further review of the Report of Waste Discharge. 8. Other possible options concerning sewage disposal, including individual on-site septic systems, and the provision of sewer service from a sewer service provider, have been explored: a. The project area would not qualify for individual on-site septic systems as provided for under Appendix VII of the Butte County Improvement Standards because of steep slopes, shallow soil depths, and slow percolation rates, according to the Environmental Health Division. b. Butte county Code Section 19-14 (c) requires that "when. a proposed subdivision is located within a reasonable distance of an existing public sanitary sewer system and it is practicable and feasible for the subdivision to be connected to and be served by the same, the health officer may require that the subdivision be provided with an adequate system of sewer lines and that the system of sewer lines be connected to the aforementioned public sanitary sewer system." ` ■ Butte County Planning Commission ■ Robert Taylor TSM 04-05 Agenda Report ■ ■ October 14, 2004 ■ Page 3 of 7 ■ • 0 c. The Environmental Health Division has confirmed that sewer service via the nearest sewer service provider (Lake, Oroville Public Utility District) is not a practicable and feasible solution to provide for the project's sewage disposal needs due to the amount of new infrastructure that would be necessary .to serve the area. 9. Based upon both the Environmental Health Division and Regional Water Quality Control Board's comments concerning the use of sewer ponds in the design of the proposed community sewage disposal system, and the lack of any other method to mitigate sewage disposal flows from the proposed subdivision, staff recommends that this project be denied. 10. Section 66474 of the State Subdivision Map Act provides grounds for denial of tentative maps. The following findings of denial from Section 66474 can be made with respect to this project: a. That the design or improvements of the proposed subdivision is not consistent with applicable general and specific plans. • Butte County General Plan Police 3.2.a. requires that development projects correlate residential densities to soil, slope, and other natural site characteristics. The current, subdivision proposal does not adequately provide a correlation between the proposed residential densities and capabilities of the soil to provide for on-site sewage disposal. • Butte County General Plan Policy 3.2.b. requires that development correlate residential densities to availability of water and sewage disposal and proximity to other public facilities. The proposed community sewage disposal system has not been reviewed by the regional water quality control board for conformance with state law regarding waste discharge. The proposed sewage disposal system includes the storage of effluent in surface ponds which is inconsistent with Butte County Resolution 87-108. No other method (including individual on-site septic systems, or connection to a sewer service provider) to mitigate sewage disposal flows from the subdivision has been provided orappears to be practicable or feasible. The project is, therefore, inconsistent with both. Butte County General Plan Policy 3.2.a.,and 3.2.b. b. That the site is not phvsically suitable for the tvpe of development. The proposed community sewage disposal system has not been reviewed by the regional water quality control board for conformance with state law regarding waste discharge. The -proposed sewage disposal system includes the storage of effluent in surface ponds which is inconsistent with Butte County Resolution 87-108. No other method (including individual on-site septic systems, or connection to a sewer service provider) to mitigate sewage ■ Butte County Planning Commission ■ Robert Taylor TSM 04-05 Agenda Report ■ ■ October 14, 2004 ■ Page 4 of 7 ■ disposal flows from the subdivision. has been provided or appears- to be practicable or feasible. The proposal is not considered physically suitable for the, type of development proposed. c. That the site is not physically suitable for the density of development The proposed community sewage disposal system has not been reviewed • by the regional. water quality control board for conformance with state. law regarding waste discharge. I The proposed sewage disposal system includes the storage of effluent in surface ponds which is inconsistent with Butte :County Resolution `87-108. No other method (including individual on-site septic systems, or connection to a sewer service provider) to mitigate sewage disposal flows from the subdivision has been provided or appears_ to be practicable or feasible. The proposal, cannot be considered physically suitable for the density Of" development proposed. d. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantiallv and avoidably injure fish or wildlife or their habitat. The proposed community sewage disposal system has not been reviewed by - the regional water quality control board for conformance. with state law regarding waste discharge. The proposed sewage disposal system includes the storage of effluent in surface ponds which is inconsistent with Butte County Resolution 87-108. No other method (including individual on-site septic systems, or connection to a sewer service provider) to mitigate sewage disposal flows from the subdivision has been provided or appears to be practicable 'or feasible. Without adequate mitigation: -of sewer flows from the subdivision the proposal Js likely to cause substantial environmental damage" or substantially and avoidably injure fish or wildlife or their habitat. e. That the design of the subdivision or type of improvements is likely to cause serious public health.0roblems. The proposed community sewage disposal system has not been reviewed by the regional water quality control board for conformance with state law 'regarding waste discharge. The proposed sewage disposal system includes the storage of .effluent in surface .ponds which is inconsistent with Butte County Resolution 87-108. No other method (including individual on-site septic systems, or connection to a sewer service provider) to mitigate sewage disposal flows from the subdivision has been provided or appears .to be practicable or feasible." Without adequate mitigation of sewer flows from the subdivision the proposal is- likely to cause serious public health problems. m,Butte County Planning Commission n Robert Taylor TSM 04-05 Agenda Report i ■ October 14, 2004 ■ Page 5 of 7 ■ ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. - Find that the denial of this project is, not subject to CEQA pursuant to Public Resources Code 21080 b. (5) and under Sections 15270(a) and (b) of Title 14, California Code of Regulations, Chapter 3 (Guidelines for Implementation of the California Environmental Quality Act), and that no Fish and Game fee is required. H. Deny- Tentative Subdivision Map 04-05 for Robert Taylor (Sierra Vista Subdivision) on the following grounds provided- for. under Section 66474 of the State Subdivision Map Act: a. That the design or improvements of the proposed subdivision is not consistent with applicable general and specific plans. • Butte County General Plan Police 3.2.a. requires that development projects correlate residential densities to soil, slope; and other natural site characteristics. The current subdivision proposal does not adequately provide a correlation between the proposed residential densities and capabilities of the soil to provide for on-site sewage disposal. • Butte' County General Plan Policy 3.2.b: requires that development correlate residential densities to availability of water and sewage: disposal and proximity to other public facilities. The proposed community sewage disposal system has not been reviewed by the regional water quality control board for conformance with state law regarding. waste. discharge. The proposed sewage disposal system includes the storage of effluent in surface ponds. which is inconsistent with Butte County Resolution 87-108. No other method (including individual on-site septic systems, or; connection to a sewer service provider) to mitigate sewage disposal flows from the subdivision has been provided or appears to be practicable or feasible. The project is, therefore, inconsistent with both Butte" County General Plan Policy 3.2.a. and 3.2.b. b. That the site is not physically suitable for the type of development. The proposed community sewage disposal system has not been reviewed by the regional water quality control board for conformance with state law regarding waste discharge. The proposed sewage disposal system includes the storage of effluent in surface ponds which is inconsistent with Butte County Resolution 87-108. No' other method (including individual on-site septic systems, or connection to a sewer service provider) to mitigate sewage disposal flows from the subdivision has been provided or appears to be practicable or feasible. The proposal is not considered physically suitable for the type of development proposed. c. That the site is not physically suitable for the density of development ■ Butte County Planning Commission ■ Robert Taylor. TSM 04705 Agenda Report ■ ■ October 14, 2004 ■ Page 6:of 7 ■ The proposed community sewage disposal system has not been reviewed by the regional water quality. control board for conformance with state law regarding waste discharge. The proposed sewage disposal system includes the storage of effluent in surface ponds which is inconsistent with Butte County Resolution 87-108. No other method (including individual on-site septic systems, or connection to a sewer service provider) to mitigate sewage disposal flows from the subdivision has been provided or appears to be practicable or feasible. The proposal 'cannot be considered physically suitable for the density of development proposed. d That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed community sewage disposal system has not been reviewed by the regional.water quality control board for conformance with state law regarding waste discharge. The proposed sewage disposal system includes the storage of effluent in surface ponds which is inconsistent with Butte County Resolution 87-108. No other method (including individual on-site septic systems, or connection to ,a sewer service provider), to mitigate sewage disposal flows from the subdivision has- been provided or appears to be . practicable or feasible. Without adequate mitigation of sewer flows from the subdivision the proposal is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. e. That the design of the subdivision or type of improvements is likely to cause serious public health problems. The proposed community sewage disposal system has not been reviewed by the regional water quality control board for conformance with, state law regarding waste discharge. The proposed sewage disposal system includes the storage of effluent in surface ponds which is inconsistent with Butte County Resolution 87-108. No other method (including individual on-site septic systems, or connection: to a sewer service provider), to mitigate sewage disposal flows from the subdivision has been ' provided or appears to be practicable or feasible. Without adequate mitigation of sewer flows from the subdivision the proposal is likely to cause serious public health problems. K:\Planning\PROJECTS\TSM\TAYLOR.04-05\Agenda Report 8.12.04.doc ■ Butte County Planning Commission ■ Robert Taylor TSM 04-05 Agenda Report ■ ■ October 14, 2004 ■ Page 7 of 7 ■ 0 0 Vicinity Map • Lake Oroville --�ASM 04-05/REZ 04-01 APN 072-180-013 & 052 L • � ' '• ' w. ,a• J• w• . •r •� ] {ems-."L � _ ., .. •. ., - icy - ' h.. a _. . - .. - ti . 1 • BUTTE COUNTY PLANNING'COMMISSION- 'AGENDA REPORT—__October 14, 2004, , Applicant:- RobertTaylor i Location: The property, is located on' ` the east side of Oroville ' t Quincy Highway, _ . approximately 6,000 feet File #: ' REZ 04-01 (Sierra Vista • »i . • ' a Subdivision) M north of Forbestown Road,. z . ` ' , east of Oroville s Request: Proposed Rezone from FR-; -Planner:' Dan Breedon Principal i 40 (Foothill Recreational, Planner - x; 40 acre minimum parcel -'�. .parcel Size: 88.6 acres u' _ size) to A (Agricultural Residential) ,on two parcels ` totaling 88.6-acres. ' Attachments• ' (Tentative Subdivision , , y ' Map 04-05,has been A: -General Plan/Zoning Map , submitted concurrently) ,. G.P. Agricultural Residential ° w . B: Resolution 87-108 ` < a Zoning FR-40 (Foothill C: March 22, 2004 Letter. Recreational, 40-acre from < parcels) RWQCB —Ray Brulm -Supervisor 1 < '• - D: ' March 18, 2004 Letter District: ' ' .fi from Environmental - ,Health -: ., APN: 72-180=013, -052 , E:: February 11, 2004 Letter from RWQCB —Ray Bruun, P.E. . F- .Rezone Exhibit Map r - ` EXECUTUVE SUMMARY- `. According • to the concurrently. submitted • Tentative Subdivision Map submitted' for this t property the applicant proposes to utilize on-site. ponds for the storage of water associated L _ with a proposed -community sewage •disposal. system. County Resolution ' 87-108 prohibits the use, of sewer ponds within Butte County., Staff recommends denial of this Tentative, ` Subdivision`Map beeause, the, applicant-has not provided any✓alternative method.to'mitigate sewage disposal flows other than through the use of sewer ponds. �• The Rezone proposal is = - }-likewise recommended for denial because,there there is no evidence rthat the 1-acre parcels s , ■ Butte County Planning Commission' ■ Robert Taylor REZ 04-01 Agenda Report ■ • m, October 14, 2004.m Page 1 of 5 ■ proposed under this rezone can be supported by individual or community sewage disposal systems or can be.provided with sewer connections by a local sewer service provider. PROJECT DESCRIPTION/SITE CHARACTERISTICS 1. Proposed Rezone from FR -40 (Foothill Recreational, 40 acre minimum parcel size) to A -R (Agricultural Residential) on two,parcels totaling 88.6 acres. 2. A proposal for a Tentative Subdivision Map (Sierra Vista) to create 40, residential parcels ranging in size from 1.01 to 2.11 acres has been. submitted concurrently, which would depend on the approval of this rezone. 3., The project site is currently undeveloped. Two dirt roads provide existing access from ,SR -162. 4. Vegetation consists of steep to rolling blue oak woodland and associated understory shrubs and grasses. 5. Two intermittent unnamed streams course through the north and south side of the project. site. 6. Large (exceeding 40 acres- in size) parcels are adjacent to the north, south, and east and are zoned FR -40. 7. Land owned by the State of: California and operated by the Department of Water Resources in conjunction with Lake Oroville lie to the west on the opposite side of SR -162. 8. The surrounding. area is generally undeveloped. CEQA ISSUES An initial study has not been prepared. Public Resources Code Section 21080 b. (5) states that CEQA is not applicable to projects that are going to be denied. CEQA findings are, therefore, not required. ANALYSIS: L The applicant proposes to utilize a Septic Tank Effluent Pump (STEP) system for the collection of septic tank effluent from the 40 proposed residential parcels under the proposed subdivision. 2. When a community sewage disposal system is proposed for a subdivision the Regional Water Quality Control Board and the Butte County Environmental Health Division requires the applicant to apply for a Report of Waste Discharge to ensure compliance with State laws regulating waste discharge. 3. On February 27, 2004 the applicant submitted an application for a Report of Waste Discharge for the discharge of domestic wastewater associated with the proposed subdivision. 4. In a March 18, 2004 letter to the applicant concerning the use of the proposed community sewage disposal system the Environmental Health Division stated that.. . "There appears to be no other alternative design of sewage disposal system that will be able to adequately and safely dispose of the volume of sewage that that is ■ Butte County Planning Commission ■.Robert Taylor REZ 04-01 Agenda Report ■ 0 October 14, 2004 ■ Page 2 of 5 ■ anticipated to be generated by your present proposal other than a system that somehow employs ponds as a critical part of the design." 5. The Environmental Health Division found the proposed use of sewer ponds for the storage of effluent generated by this subdivision as inconsistent with Butte County Board of Supervisors' Resolution #87-108. 6. Butte County Resolution #87-108 indicates that "sewage disposal systems which include surface ponds for . treatment or retention , to be an unacceptable method of sewage disposal for small area, or individual development projects in Butte County." 7. Based upon this inconsistency, the Regional Water Quality Control Board suspended further review of.the Report of Waste Discharge. 8. Other possible options concerning sewage disposal, including individual on-site septic systems, and, the provision of sewer service from a sewer service provider, have been explored: a. The project area would not qualify for individual on-site septic systems as provided for under Appendix VII of the Butte County Improvement Standards because of steep slopes, shallow soil depths, and slow percolation rates, according to the Environmental Health Division. b. Butte county Code Section 19-14 (c) requires that "when a proposed -subdivision is located within a reasonable distance of an existing public sanitary sewer system and it is practicable and feasible for the subdivision to be connected to and be served by the same, the health officer may require that the subdivision be provided with an adequate system of sewer lines and that the system of sewer lines be connected to the aforementioned public sanitary sewer system." c. The Environmental Health Division has confirmed that sewer service via the nearest sewer service provider (Lake Oroville Public Utility District) is not a practicable and feasible solution to provide for the project's sewage disposal needs due to the amount of new infrastructure that would be necessary to serve the area. i 9. Based upon both the Environmental Health Division and Regional Water Quality Control Board's comments .concerning the use of sewer ponds in the design of the proposed community sewage disposal system, and the lack of any other method to mitigate sewage disposal flows from the proposed subdivision, staff recommends that this rezone be denied. 10. There is no evidence that the site is suitable for the 1 -acre residential density and related sewage disposal flows that would be potentially allowed under the rezone. 11. Retention of the existing 40 acre density imposed by the FR -40 zone would ensure that sewage disposal impacts are not incurred. 12. The -Butte County General Plan includes policies that require site conditions to be considered for development projects: ■ Butte County Planning Commission ■ Robert Taylor REZ 04-01 Agenda Report ■ ■ October 14, 2004 ■ Page 3 of 5 ■ • Butte County General Plan Police 3.2.a. requires that development projects correlate residential densities to soil, slope, and other natural site characteristics. The current subdivision proposal does not adequately provide a correlation between the proposed residential densities and capabilities of the soil to provide for on-site sewage disposal. • Butte County` General Plan Policy 3.2.b. requires that development correlate residential densities to availability of water and sewage disposal and proximity.to other public facilities. A proposed community sewage disposal system for the. Tentative Subdivision Map associated with this rezone has not been reviewed by the regional water quality control board for conformance with state law regarding waste discharge. The proposed sewage disposal system includes the storage of effluent in surface ponds which is, inconsistent with Butte County Resolution 87-108. No other method (including individual on-site septic systems, or connection to a sewer •service provider) to mitigate sewage disposal flows from the subdivision has .been provided or appears to be practicable or feasible. The project is, therefore, inconsistent with both. Butte County General Plan Policy 3.2. a. and 3.2. b. ACTIONS' FOR CONSIDERATION: Staff recommends that the Planning Commission take the followine actions: I. Find that the denial of this project is not subject to CEQA pursuant, to Public Resources Code 21080 b. (5) and under Sections 15270(a) and (b) of Title 14, California Code of Regulations, Chapter 3 (Guidelines for Implementation of the California Environmental" Quality Act), and that no Fish and Game fee is required. H.. Deny Rezone 04-01 for Robert Taylor as being inconsistent with the Butte County General Plan as follows: A. Butte County General Plan Conformity. 1. Butte County General Plan Police 3.2.a. requires that development projects correlate residential densities to soil, slope, and other natural site characteristics. The current subdivision proposal does not adequately provide a correlation between the proposed residential densities and capabilities of the soil to provide for on-site sewage disposal. 2. Butte County General Plan Policy 3.2.b. requires that development correlate residential densities to availability of water, and sewage disposal and proximity to other public facilities. . A proposed community sewage disposal system for the Tentative Subdivision Map associated with this rezone has not been reviewed by the regional water quality control board for conformance with state 'law regarding waste discharge., The proposed sewage disposal system ■ Butte County Planning Commission ■ Robert Taylor REZ 04-01 Agenda Report ■ ■ October 14, 2004 ■ Page 4 of 5 M includes the storage of effluent in surface ponds which is inconsistent with Butte County Resolution 87-1.08. "No. other method (including individual on-site septic• systems, or connection to a, ,sewer service provider) to mitigate sewage disposal flows from the subdivision has been provided or appears to be practicable. or feasible. The project is, therefore, inconsistent with both Butte County General Plan Policy 3.2. a. and 3.2. b. B. There is no evidence that the site 'is suitable for the 1 -acre residential density, and related sewage disposal flows that would potentiallybe allowed under the rezone. C. Retention of the existing 40 acre density imposed by the -FR -40. zone would ensure that sewage disposal impacts are not incurred. K:\Plammng\PROJECTS\REZ\TAYLOR.04-O1\Agenda Report 8.12.04.doc ■ Butte County Planning Commission n Robert Taylor REZ 04-01 Agenda'Report ■ ■ October 14, 2004 ■ Page 5 of 5 ■ L y , FO�besj— �� 04-01/TSM 04-05 APN 072-180-013 & 052 wrAYLOFt L 0