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Home My WebLink About06-104THE APPLICANT'S APPEAL OF CONDITIONS 2, 4, 6 AND S AND DENYING THE ' APPLICANT'S APPEAL OF CONDITIONS 3, 5 AND 7 FOR LEGAL LOT ~~ DETERMINATIONICONDITIONAL CERTIFICATE OF COMPLIANCE (DET OS-07) WHEREAS, the Board of Supervisors has considered the appeal of Legal Lot Determination) Conditional Certificate of Compliance (DET OS-07} for Robert Castleberry, in accordance with Chapter 20, Section 66; and WHEREAS, a public hearing was held on May 23, 2006; and WHEREAS, the Board of Supervisors has considered public comments, the actions taken by the Planning Commission and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors: I. Upholds the appeal of Conditions 2, 4, 6 and 8 for the Conditional Certificate of Compliance (DETICCOC 05-07} for Robert Castleberry, with the following changes and findings: A. Condition #2 -(Modified) -- Place the following informational note on the Conditional Certificate of Compliance: "Provide a fully executed road maintenance agreement for all non-publicly maintained access roads en the County approved form. In accordance with Civil Cade Section 845, maintenance of the road as specified on the Road Maintenance Agreement shall be shared by those parties with a legal interest in it." The primary purpose of this condition is to notify all subsequent owners that the access to this property is a private road and that the property owners have the responsibility for maintenance of the road. B. Condition #4 -{Modified) -The County will name the private road providing access to the subject property and place said street name sign on the pole supplied by the applicant. The street name shall be reviewed by the County Address Coordinator and the name for shall be recommended to the Board of Supervisors. Applicant shall provide street name sign per requirements of the Department of Public Works. The naming of this street within the 16 foot wide easement, installation of the street sign and addressing ofproperties is necessary to protectpublic safety A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS APPROVING as it will expedite emergency response and make it easier to locate the properties. C. Condition #6 (Removed} -- Obtain an encroachment permit and construct a standard S-18B road approach in accordance with County improvement Standards. Adequate sight distance at the intersection of access road and Oro-Garden Ranch Road shall be provided. The development of one additional dwelling will not significantly impact the intersection of the private road and Oro Garden Ranch Road, therefore the improvement is not required. Requiring the one land owner to improve the road approach for the benefit for the other eight land owners was deemed an undue financial burden. D. Condition #8 emoved -Place the following informational note on the Conditional Certificate of Compliance: "All new structures must meet Fire Safe Regulations of the Sutte County Code and Public Resources Code 4290 and 4291." This condition will be required as part of any new structure when applying for a building permit. II. Denies the appeal of Conditions 3, 5 and 7 for the Conditional Certificate of Compliance (DET/CCOC 45-07}for Robert Castleberry, with the following findings: A. Condition #3 (Auuealed Denied) -Demonstrate to the Department of Public Worl~s that there is approved access conforming to County Code to each parcel from a publicly maintained road. Minimum easement width is 1b feet. The Board o~peryisors supported the Planning Commissions . anding: Approved access as defined in Butte County Code Section 20-8 means right of vehicular travel, within a legal right-of--way that meets county standards, to a public street, with entry thereon, over a roadway that meets county design standards. The Planning Commission granted an exception to the required right of way width from a minimum SO foot wide right of way to the existing 16 foot wide right of way. The easement width is smaller than our smallest road standard so the design standard that would apply is the County's traversable access standard as defined in Butte County Code Section 20-57 "An approved access, traversable year round for a standard two-wheel-drive automobile, except when covered by snow. Bridges, road structures, and culverts shall be capable ofsupportingatwenty-ton load. " A traversable access is necessary for public safety, fire protection and emergency services as well as normal residential access. Butte County has not inspected the easement for compliance with the traversable access standard. This condition requires the applicant to provide any necessary improvement to bring this easement up to the traversable access standard. B. Condition #5 iAppeal Denied) - Prior to final road inspection, install all 2 necessary traffic safety signs including stop signs. No public entity shall be responsible far the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code Section $45, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them. The Board o Su ervisors su orted the Plannin Commissions ndin :This is also a public safety issue. The purpose of installing the stop sign is to remind the motorist to stop and look for oncoming traffic prior to entering a public highway. Traffic on the existing public highways entering Oroville Garden Ranch Road between Lower Wyandotte Road and Foothill Boulevard is required to stop. C. Condition #7 (Appeal Denied) -Place the following informational note on the Conditional Certificate of Compliance: "Pursuant to Butte County Code 20-160(b), until such time as a 50-foot wide approved access that meets minimum County construction standards is provided fo a publicly maintained road, any development permits issued on the parcel shall be limited to one (1}single-family dwelling unit and any non- residentialpermitted accessory structures." The Board of Supervisors supported the Planning Commissions, ending: This is a note that has been routinely applied to Certificates of Compliance issued to parcels with substandard access easements; to protect public safety including the Certificate of Compliance far the Lindwedel property (AP 079- 030-070) at the end of this 16 foot wide easement. The purpose of the note is to notify all future owners that the access does not conform to County standards for a second dwelling on the property. TII. Approves the revised conditions for the Conditional Certificate of Corr~pliance (DETICCOC QS-07} for Robert Castleberry, as set forth in the attachment (Exhibit A) to the resolution, 3 IV. DULY PASSED AND ADOPTED this 27`" day of June, 2006, by the following vote: AYES: Supervisors Connelly, ~lolan, Yamaguchi and Chair Josiassen NOES: None ABSENT: Supervisor xoux ABSTAIN: None ATTEST: PAUL MCINTOSH, Chief Administrative Officer and Clerk of the Board of Supervisors By~ ~ ~~ Dep T JO SSEN, Chair ty Board of Supervisors 4 EXH~S~T A Legal Lot Determination/Conditional Certif cafe of Compliance on APN 079-030-072, DET OS-07 I. APPROVAL: 1. Pay the retarding fee in effect at the time the Conditional Certificate of Compliance is recorded. The current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $13.00 with conditions. This cost estimate is based on 1 page notification (first sheet), 1 page of legal description attached as Exhibit "A", and 1 page of conditions attached as Exhibit "B". Public Works 2. Place the following informational note on the Conditional Certificate of Compliance: "Provide a fully executed road maintenance agreement for all non-publicly maintained access roads on the County approved form. Tn accordance with Civil Code Section 845, maintenance of the road as specified on the Road Maintenance Agreement shall be shared by those parties with a legal interest in it." 3. Demonstrate to the Department of Public Works that there is approved access conforming to County Code to each parcel from a publicly maintained road. Minimum easement width is 16 feet. 4. The County will name the private road providing access to the subject property and place said street name sign on the pole supplied by the applicant. The street name shall be reviewed by the County Address Coordinator and the name fox shall be recommended to the Board of Supervisors. Applicant shall provide street name sign per requirements of the Department of Public Works. 5. Prior to final road inspection, install all necessary traffic safety signs including stop signs. No public entity shall be responsible for the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them. 6. Place the following informational note on the Conditional Certif cafe of Compliance: "Pursuant to Butte County Code 20-160{b), until such time as a 60-foot wide approved access that meets minimum County construction standards is provided to a publicly maintained road, any development permits issued on the parcel shall be limited to one (1) single-family dwelling unit and any non-residential permitted accessory structures." Environmental Health 7. Provide a "will sezve" letter from Lake Oroville Area Public Utility District {LOAPUD) verifying the property is within their district boundaries and that they are willing and able to provide sewer service to the subject property. ^ Butte County Department Of Development Services ^ ^ Board of Supervisors Appeal Agenda Report -Castleberry DET OS-Q7 ^ 3une 27, 2006 ^ Page 5 of 6 ^ Provide a "will serve" letter from South Feather Water and Power (SFWP} verifying the property is within their dzstrict boundaries and that they are willing and able to provide water service to the subject property. Coun , .Counsel 9. If this enure matter or any f nding, action or condition of this matter is challenged in any ather action or forum, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold harmless the County of Butte from liability or lass related to the approval of this project in the subsequent action or forum and agrees to sign an indemnification agreement in a form approved by County Counsel. ^ Butte County Department Of Development Services ^ ^ Board of Supervisors Appeal Agenda Report -Castleberry DET OS-07 ^ June 27, 200b ^ Page 6 of 6 ^