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HomeMy WebLinkAboutAPPENDIX VII EXCEPTION REQUEST SALERNO MEXT06-0002APPENDIX VII EXCEPTION REQUEST Salerno MEXT06-0002 Good morning Chair Lambert, Commissioners, Chris Thomas, Associate Planner, Development Services. You are being asked to consider an exception to Appendix VII useable sewage disposal area requirements for the approved Salerno TMP 04-22 and to concur with Staff's minor modification to an associated condition of approval for the Salerno tentative parcel map. 2. This exception request was received on January 25, 2007 in connection with a five year extension of the Salerno Tentative Parcel Map approved by the Commission on February 8, 2007. a. The exception request was continued at the February 8 hearing because at that time staff was not able to make findings as required by BCC Section 204(1). In regards to an exception to design requirements, those findings require: i. That there are special conditions of topography or size or shape or location or existing development affecting the property that existed at the time the application was deemed complete; and ii. that granting the exception will not be detrimental to the public welfare or injurious to other property. 3. As you may recall, the Salerno TPM divides a 10.48 acre parcel on John Mardon Lane into a downhill 5.48 acre Parcel 1 and an uphill 5.0 acre Parcel 2. Currently Parcel 1 is developed, Parcel 2 is not. In this instance, Parcel 1 constraints on useable sewage disposal area are due to the existing house, driveway, septic system, the 50 -foot leach -free set backs from a drainage swale, and additional space required for an access road to Parcel 2. These constraints make the Appendix VII 2 acre minimum USDA unfeasible on Parcel 1. The Environmental Health Division has approved the existing septic system on Parcel 1 and has no objections to the exception request provided Condition #25 of the Salerno TPM is changed to preclude second dwellings on Parcel 1 and Parcel 2 unless Appendix VII requirements can be met. 4. Condition 25 now reads: Identify on the additional map sheet usable sewage disposal areas proven to meet the requirements of County Improvement Standards, Appendix VII. 5. If you approve this exception request, condition 25 will be modified to read: Identify on the additional map sheet a usable sewage disposal area within the proposed Parcel 2 proven to meet the requirements of County Improvement Standards, Appendix VII. No additional dwellings shall be permitted on Parcel 1, and no second unit may be placed on Parcel 2 until Appendix VII standards are met to the satisfaction of the Butte County Environmental Health Department. In other words, only one dwelling will be allowed on each of the two parcels unless, at some future time, Appendix VII USDA requirements can be met. 6. Our recommendation then, is that you approve the exception request for Parcel 1 with the following findings: a. That there are special circumstances or conditions of existing development affecting the property, which circumstances, conditions or development existed at the time of the application was deemed complete. b. That granting the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. c. Find that approval to this exception request is exempt from the requirements of the California Environmental Quality Act under Section 15305. TPM 04-22 approved December 9, 2004. MEXT06-0002 approved February 8, 2007 7 t - BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — March 22, 2007 Applicant: Margaret Salerno Nikki Jo Lane, about 1,000 feet south of Old Olive File #: MEXT06-0002 (for TPM 04- Highway, east of Oroville. 22) Parcel Size: 10.48 acres Request: Request for an exception to the RECOMMENDATION: Staff recommends: (1) ,approval of this request for an exception to Appendix VII design requirements for a usable sewage disposal system on Parcel 1 with findings for the approved Salerno TPM 04-22; and (2) concurrence with Staff's minor modification to TPM 04-22 condition of approval #25 to apply Appendix VII requirements only to Parcel 2 and prohibit additional dwellings on Parcel 1 and Parcel 2. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The applicant has requested, per Butte County Code Section 204(1), an exception to Appendix VII requirements for the proposed Parcel 1 because the parcel's topography, location of existing development, small drainage with a 50 -foot leach -free setback, and particular dimensions of the project parcel make Appendix VII useable septic disposal area requirements (USDA) unfeasible. This conflicts with condition of approval 25 of the Salerno TPM 04-22. This request for an exception to Appendix VII USDA requirements was received on January 25, 2007 in conjunction with MEXT06-0002 (approved by the Planning Commission on February 8, ■ Butte County Development Services ■ Agenda Report 0 Page 1 ■ Appendix VII requirements of Zone date: Ordinance 2393; 2-28-84 the Butte County Improvement Standards for the proposed Supervisor District: l Parcel 1 of the Salerno , tentative parcel map. Project Chris Thomas Planner: Associate Planner G.P.: Agricultural Residential ` Attachments: Zoning: AR -2.5 (Agricultural Residential, 2.5 acre minimum A. Request from Applicant's Engineer for parcel size) an Exception to Appendix VII Design Requirements APN: 072-210-025 B. Tentative Parcel Map exhibit C. Environmental Health Division Location: 81 John Mardon Lane, Opinion between John Mardon and RECOMMENDATION: Staff recommends: (1) ,approval of this request for an exception to Appendix VII design requirements for a usable sewage disposal system on Parcel 1 with findings for the approved Salerno TPM 04-22; and (2) concurrence with Staff's minor modification to TPM 04-22 condition of approval #25 to apply Appendix VII requirements only to Parcel 2 and prohibit additional dwellings on Parcel 1 and Parcel 2. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The applicant has requested, per Butte County Code Section 204(1), an exception to Appendix VII requirements for the proposed Parcel 1 because the parcel's topography, location of existing development, small drainage with a 50 -foot leach -free setback, and particular dimensions of the project parcel make Appendix VII useable septic disposal area requirements (USDA) unfeasible. This conflicts with condition of approval 25 of the Salerno TPM 04-22. This request for an exception to Appendix VII USDA requirements was received on January 25, 2007 in conjunction with MEXT06-0002 (approved by the Planning Commission on February 8, ■ Butte County Development Services ■ Agenda Report 0 Page 1 ■ 2007). Application MEXT06-0002 requested a five year extension of the Salerno Tentative Parcel Map 04-22, which was approved by the Planning Commission on December 9, 2004. Staff, at the time of the February 8, 2007 meeting, did not have time to prepare findings for this exception request as required by Section 20-4(1)a and b, and the request was continued to this March 22 meeting of the Planning Commission. Subdivision of the 10.48 project parcel will result in the downhill, western 5.48 acre Parcel l and the uphill, eastern 5.0 acre Parcel 2. Parcel 1 is developed with a single family dwelling, a well, septic system and access road, and has a small drainage diagonally crossing its eastern side (see Attachment B). Parcel 2 is undeveloped and has areas where the slope exceeds 30%. ANALYSIS: Tables I and 11 of Appendix VII of the 2002 Butte County Improvement Standards specify minimum usable lot areas and separation distances for land divisions where individual sewage disposal systems are to be used, "computed proportionally based upon sewage flows expected from the land division or subdivision in question." Usable lot area is defined as "that area of the lot usable for installation of an individual sewage disposal system," and does not include areas contained in: 1. Building setbacks required by county Ordinance for the Butte County Code unless approved by the Health Department and Department of Public Works. 2. Easements dedicated or reserved for surface or underground improvements unless dedicated or reserved for sewage disposal purposes on the approved and recorded map. 3. Easements for access or roadway purposes. 4. Areas occupied by structures and within five feet (5') of existing structures or to be occupied by structures. For purposes of single-family residential lots on which there are no existing structures, this area shall be deemed to by 2,500 square feet. 5. .Areas within five feet (5') of the property line. 6. Areas that do not comply with the minimum separation distances shown in Table II below. 7. Paved areas or areas proposed to be paved, where the percolation rate exceeds 20min/in. 8. Areas with a slope in excess of 30%. 9. Areas where the percolation value is in excess of 120min/in. 10. Areas with less than two feet (2') of soil above impervious stratum. 11. Areas with less than five feet (5') of soil above seasonal high groundwater level. Section 20.4(1) of the Butte County Code specifies that the hearing body may authorize exceptions to any of the requirements and regulations relative to the design of a subdivision subject to the following findings: a. That there are special circumstances or conditions of topography or size or shape or location or existing development affecting the property, which circumstances, conditions or development existed at the time the application for the map was determined or deemed to be complete. In this instance, per Appendix VII, the Environmental Health Division requires two acres of USDA for each of the proposed Parcels I and 2. Two acres have been 0 Butte County Development Services ■ Agenda Report ■ Page 2 0 identified for the undeveloped, uphill Parcel 2. However on Parcel 1, constraints on USDA due to the existing house, driveway, septic system, the 50 foot leach free. setbacks from the drainage, and additional space required for an access road to Parcel 2, make the two acre minimum unfeasible. b. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The Environmental Health Department has reviewed this request, and states that the existing septic system has been approved by their office and that they have no objections to the exception (see Attachment C). Further, modification of condition of approval #25 will preclude second dwellings on either Parcel 1 or Parcel 2, unless Appendix VII standards are met. As there are special circumstances of existing development and landscape features that limit USDA, and as the Environmental Health Division has found that the existing septic system on Parcel 1 is and will be adequate provided no second dwelling is allowed unless Appendix VII standards can be met, Staff finds that this request for an exception to Appendix VII requirements will not be detrimental to the general health, safety and welfare of the public. If approved, this request for an exception to Appendix VII requirements will result in a minor modification to the Condition of Approvals for the Salerno TPM 04-22. Condition of approval #25 from the Environmental Health Division currently states: 25. Identify on the additional map sheet usable sewage disposal areas proven to meet the requirements of County Improvement Standards, Appendix VII. With approval of the exception request, condition of approval #25 will read: 25. Identify on the additional map sheet a usable sewage disposal area within the proposed Parcel 2 proven to meet the requirements of County Improvement Standards, Appendix VII. No additional dwellings shall be permitted on Parcel 1 and no second unit may be placed on Parcel 2 until Appendix VII standards are met to the satisfaction of the Butte County. Environmental Health Department. Minor modifications of approved tentative parcel maps may be administratively approved by the Director of Development Services. As this modification is made in conjunction with the exception to Appendix VII request (requiring Planning Commission approval), the Planning Commission is being asked here to concur with this minor modification of condition of approval #25. ENVIRONMENTAL REVIEW: This request for an exception to Appendix VII requirements is exempt from the requirements of the California Environmental Quality Act (CEQA) under a Class 5 Section 15305 exemption which "consists of minor alterations in land use limitations in areas of average slope of less than 20%, which do not result in any changes in land use and density." (California Environmental Quality Act ■ Butte County Development Services ■ Agenda Report 0 Page 3 0 Public Resources Code 15305) There will be no change to the environment due to this minor modification excepting Appendix VII on Parcel 1 because: - 1. Slopes on Parcel 1 are less than 20%; 2. There will be no change in land use or the environment due to septic disposal on Parcel 1 as condition 25 now precludes second dwellings unless Appendix VII standards are met; and 3. Parcel 2 will meet Appendix VII requirements for, the primary dwelling. (Note that the Salerno tentative parcel map project — TPM 04-22 — was reviewed for environmental impacts under the California Environmental Quality Act (CEQA) in accordance with State law, and an Initial Study was prepared identifying significant environmental effects and consequent measures that would mitigate those effects to levels that are less than significant.) ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Approve the exception request for Parcel 1 to the usable sewage disposal requirements per Appendix VII of the Butte County Improvement Standards, pursuant to the Butte County Subdivision Ordinance. In order for the property referred to in the petition to come within ,the provisions of Butte County Code Section 20-4, the hearing body must find that all of the following facts apply with respect to the subject property; A. That there are special circumstances or conditions of existing development affecting the property, which circumstances, conditions or development existed at the time the. application for the map was determined or deemed to be complete. B. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. II. Direct Staff to make the following minor modification to condition of approval #25 of TPM 04-22: 25. Identify on - the additional map sheet a usable sewage disposal area within the proposed Parcel 2 proven to meet the requirements of County Improvement. Standards, Appendix VII. No additional dwellings shall be permitted on Parcel 1 and no second unit may be placed on Parcel 2 until Appendix VII standards are met to the satisfaction of the Butte County Environmental Health Department. ■ Butte County Development Services 0 Agenda Report ■ Page 4 ■ 03/08/2007 13:13 530877625 SIERRA WEST • PAGE 02 Sierra est Surveying LICENSED LAND SURVEYING 5437 Black Olive Drive - Paradise, CA 95969 Phone; (530) 577-6253 Fac: (530) 877-6254 March 6, 2007 Doug Fogel Butte County - Environmental Health 7 County Center Drive Oroville, California 95965 RE: Salerno Parcel Map (TSM 014-22) Dear Doug: Due to existing topography of proposed Parcel 1 of the Salerno tentative parcel map and the existence of an existing house and septic system. We are hereby requesting an exception to Butte County Code Section 20-4(1)a. Q�kQFESSlp G ACF'✓ No. 2764 CIVIL :yk TRW/kem CC: Butte County Planning CU1ftr8\84769aknw3.1tr Sincerely, 4'j- '� - Ad". �- Robert G. Agee, Jr.fj SIERRA WEST SURVEYING S "51'34"W 89 2642.40' N 1/4 CORNER SECTION 20 NW 1/4 CORNER fSEcnoN 2o - NE HWY- w z CON-nt4DATION OF ACCESS EASEMENT PER 2602 OR 96 SCALE: 1"=100' 0..! APN 072-210-025 Y_ .4. APPROXIMATE 'CENTER LINE NE S89tg'15*W 12' WIDE DRAINAGE' z R 44 PM _ 93-- EASEMENT PER 1263.25' J. J. J. 674 588.6' pu 99 — ------------------ 7.31' "'00 V 0=.13'42'46- ' R=100.00' �HQUSE.j 0 L=L=•23.93'do. C> cs CENTER LINE -60' 'EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES TO BE-RtSERVED IN DEEDS FOR THE BENEFIT OF PARCEL, 2 z 5.48 ACRES PARCEL2 ;09: PAFkIbEL I -0 1. or! 2 5.00 ACRES 1: z 10- r! '4; 072-20 %EXISTING ` .. i '` +, \LEACH E -AC Cu`C-DE-.SAC AREA 0. _1 - --------zc 611.4' 588.6' - ---------- ------ -- S89. '15"W 2 ACRE AREA i Ir 59 1200.00' FOR SEPTIC AS 4R REQUESTED BY -pt �ilhl 072-21Q-027 ENVIRONMENTAL 04 HEALTH APN 072-210-028 150' NON. EXCLUSIVE PUBLIC EASEMENT REAStRVED IN DEEDS PER 44 PM 93. 44 PLM -33 a3 94 1: C 1/4 CORNER W 1/4 CORNER S 'ngg 20 SECTION 20 EC — -- — -- — -- — -- — -- — -- N89*59'15"E 2657.08'. M —00 .A J, 7 - elp LOCATION MAP' .EGEND NOT TO: SCALE SITE NOTES J, 7 LOCATION MAP' .EGEND NOT TO: SCALE NOTES PROJECT BOUNDARY LINE OWNER/ . PROPOSED LOT LINE APPLICANT.% MARGARET SALMNIJ­i­� RIGHT-OF-WAY LINE 81 4.0HIN-MARDbN' GROVILLE, CA AP# 054-080-069 -ASSESSOR'S PARCEL N . UMBER . 95965 2 SEWER: PROPOSED PARCEL NUMBER INDIVIDUAL SEPTIC CENTERUNE WATER: INDIVIDUAL WELL v3 EXISTING 40' CONTOUR LINE ZONING: AR 2.5 1/4 CORNER GENERAL PLAN: RS SECTION* CORNER APN: 072-210-025 DENOTES EXISTING WELL WITH 100' DIAMETER LEACH FREE AREA - TEN TA TI VE PARCEL 'MAP FOR MARGARET .SALERNO APN'072-210-025 ' A PORTION OF THE NW 114 OF SECTION 20 TOWNSHIP 1.9 -NO.RTH,- RANGE 5 EAST,.. M.D.B. & M. AS SHOWN "ON. 44 98 .IN �PU BUTTE COUXTY, CALlFqoNlA­ '-f,R PAR,10 BY:,'' - SIERRA- alERRA-,-' '-.MT '-,2,6fR.VT-ylNG 4.. �64'37' &1' 4410:.. RAP Page 1 of 1 Thomas, Chris From: Fogel, Doug Sent: Wednesday, January 31, 2007 4:01 PM To: Thomas, Chris Subject: Salerno TPM Hohn Mardon Lane AP# 072-210-025 . We have review the request for an exemption to Appendix VII requirements for proposed parcel #1. The existing septic system has been approved by our office. We have no objections to the exemption.