HomeMy WebLinkAbout06-167RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
BUTTE, STATE OF CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 04N-30
WHEREAS, the Planning Commission heard Tentative Parcel Map 04N-30 for
Ramon LeFevre (the Project} on duly 14, 2005, and denied the TPM based on
inconsistency with the Butte County General Plan's Land Use and Conservation
Elements, as well as the Subdivision Map Act and the County Subdivision Ordinance,
due to the project's effects on critical wildlife habitat for winter deer herds; and
WHEREAS, the Project was appealed to the Board of Supervisors, and on
September 27, 2005 the Board of Supervisors made findings that an Initial Study should
have been prepared to evaluate the project, and directed staff to prepare an initial
study/mitigated negative declaration (IS/MND) for the project pursuant to the California
Environinental Quality Act (CEQA}; and
WHEREAS, County Staff has prepared IS/MND and circulated it to the State
Clearinghouse in August, 2006; and
WHEREAS, the Planning Commission considered Tentative Parcel Map 04N-30
for Ramon LeFevre at a duly noticed public hearing on September 28, 2006, and denied
the Project in accordance with Chapter 20; Subdivisions, of the Butte County Code on
Assessor's Parcel Numbers 028-180-OSb and 428-180-057; and
WHEREAS, the applicant has filed an appeal of the denial of the Project within
the ten day appeal period established by County Code; and
WHEREAS, the Board of Supervisors has considered an Initial Study and
proposed Mitigated Negative Declaration in accordance with the California
Environmental Quality Act; and
WHEREAS, said map was referred to various affected public and private
agencies, County departments, and referral agencies for review and comments; and
WHEREAS, the Board of Supervisors has considered public comments, reports
from the Planning Division, the recommendation of the Butte County Planning
Commission and other portions of the administrative record for the project:
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NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors:
I. Adapt a Mitigated Negative Declaration with the following findings:
A. An Initial Study was completed in compliance with the California
Environmental Quality Act. Said study identified significant
environmental effects and included mitigation measures that would
mitigate such effects below signif cant levels; a Mitigated Negative
Declaration is proposed.
B. The Board of Supervisors has considered the proposed Mitigated Negative
Declaration, together with comments received during the review process.
C. Mitigation Measure #7 as proposed in the draft Initial Study circulated for
public review, for the avoidance of sensitive enviranmental areas on site,
has been modified in a manner to provide equal or better protection of
environmental resources on-site. The mitigatian measure, as adopted, will
ensure oak woodland resources are not improperly impacted by the
project.
D. On the basis of the whole record before the Board of Supervisors,
including the Initial Study and any comments received, there is no
substantial evidence that the Tentative Parcel Map for Ramon LeFevre,
Planning Division File No. TPM 04N-30, would have a significant effect
on the environment. The custodian of the record is the Land Development
Division of th.e Public Works Department. The location of the record is 7
County Center Drive, Oroville CA 95965.
E. The proposed Mitigated Negative Declaration reflects the independent
judgment and analysis of the County, which is the Lead Agency.
IL The design of the proposed project improvements has the potential to significantly
impact an oak woodland. The collection of fees pursuant to Fish and Game Code
Section 711.4 and 14 CCR 7S3.S. is required.
III. Approve Tentative Parcel Map 04N-30 for Ramon LeFevre, subject to the
conditions found in Exhibit "A" and the following findings:
A. The proposed map is consistent with the following Butte County
Agricultural Residential General Plan Goals and Policies
1. Compatible with neighboring agricultural activities.
The project site is not located in an intensive commercial agricultural
area. No commercial agricultural uses are established on any of the
surrounding parcels. The only agricultural use in the project area is
livestock grazing. None of the surrounding parcels has a General Plan
land use designation of Orchard and Field Crops or Grazing and Open
Land. The project would result in the potential for two new single family
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dwellings to be constructed. The property adjacent on the north and east
is in a CLCA contract. The location of these dwellings could have a
significant impact to the CLCA property if located closer than 300 feet to
the CLCA property. A mitigation measure requiring a 300 foot building
setback area from CLCA lands on the north and east property lines will be
required as a condition of the Tentative Map application. Therefore, the
impact to the CLCA property is reduced to less than significant.
2. Evidence of adequate water and sewage disposal capacity.
Sewage disposal for new dwellings on the project site would be handled by
individual on-site septic systems. The Butte County Division of
Environmental Health has reviewed the project and does not have a
concern over sewage disposal capacity or the ability of the project to meet
County sewage disposal standards. The project would not have a
significant impact on any wastewater treatment facilities.
Domestic water supply for new dwellings on the site would be obtained
from on-site wells. The Butte County Division of Environmental Health
has reviewed the project and determined the domestic well for the
dwelling under construction has been drilled and an adequate water
supply has been proven. The project would not have an impact on any
water treatment facilities.
3. Availability of adequate fire protection Facilities.
The project site is located in an area that has a very high fire hazard area
designated by the Safety Element of the Butte County General Plan and is
within a State Response for fire protection. The Butte County Fire
Department/California Department of Forestry states that cumulative
development in rural areas would impact their ability to provide fire
protection services. This agency states that the installation of automatic
fire suppression sprinkler systems in residential structures, the use of fire
resistant building materials and the availability of water supply systems
would reduce the demand for fire protection services. As a mitigation of
project approval, all new dwelling units on the site are required to be
equipped with an automatic fire suppression sprinkler system unless the
parcel is connected to a pressurized community water system. All
development on the project site must comply with Public Resources Code
4290 and 4291 which may require a 100 foot building setback from
property lines to allow for adequate vegetation clearance area.
4. Adequately raintained approved road access with sufficient capacity to
service area.
The proposed parcels will have access via an existing private road from a
-- County maintained road. The private road will extend approximately
4, 000 feet from Upham Road.
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Butte County Code Section 24-240 {b) requires two off-street parking
spaces per dwelling. The proposed parcels have adequate room to
provide two parking spaces each and, therefore, the project presents no
impact relative to insuff dent parking capacity.5.
5. Reasonable accessibility to commercial services and schools.
Commercial services and K-12 schools are located in Bangor and/or
Oroville, both of which are about a 25 to 35 minute drive from the project
site.
C. The project is physically suitable for the use and density of the proposed
development.
D. The design and improvements of the project will not cause publie'health or
safety problems because the project site does not contain any physical
characteristics that could cause health or safety concerns with the provided
mitigations.
E. The design and improvements of the project will not conflict with
easements acquired by the public at large for access through or use of
property within the proposed subdivision provided the attached conditions
are met.
F. The project site is not Iocated within an earthquake fault zone or a 100-
year flood zone.
G. The project would not have an impact to any aircraft operations because
the project site is not located within an Airport Compatibility Zone.
H. Approval of this project will not be detrimental to the public health, safety,
and welfare provided the required conditions and mitigation measures are
complied with.
I. The project is consistent with the Agricultural Residential General Plan
land use designation.
J. The project would not cause a significant impact to any agricultural
operations.
K. The future residents of the project site would not be exposed to significant
impacts related to agricultural practices.
L. The roads in the project area have the capacity to handle the increase in
vehicular traff c generated by the project.
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PASSED AND ADOPTED by the Board of Supervisors, of the County of Butte, State of
California, at regular meeting of said Board, held on the 12th day of December, 2006, by
the following vote:
AYES: Supervisors Connelly, Yamaguchi. and Chair Josiassen
NOES: Supervisor Dolan
ABSENT: None
NOT VOTING: None ~
~ JANE ~ C
County Board of Supervisors
ATTEST:
PAUL MCINTOSH, Chief~dministrative Qft"icer
and Clerk of the~6ahd of/~ut~visors
By:
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EXHIBIT A
Tentative Parcel Ma for Ramon LeFevre on APN 02$-1$0056 & 057 File # TPM
04N-30: An application for a Tentative Parcel Map to subdivide two 20-acre parcels into
four parcels, two at 5 acres and two at 15 acres in the AR (Agriculture Residential)
General Pian area, and the Critical Winter Deer Herd Area.
I. CONDITIONS OF APPROVAL:
P1_anning Division
Miti ation Measure # 2:
Place a note on a separate document which is to be recorded concurrently with the
map or on an additional map sheet that states: "Dust generated by the
development activities shall be kept to a minimum with a goal of retaining dust on
the site. Follow the dust control measures listed below:
a. During clearing, grading, earth moving, excavation, ar transportation of cut or
fill materials, water trucks ar sprinkler systems are to be used to prevent dust
from leaving the site and to create a crust after each day's activities cease.
b. During construction, water trucks or sprinkler systems shall be used to keep
all areas of vehicle movement damp enough to prevent dust from leaving the
site. At a minimum, this would include wetting down such areas in the later
morning and after work is completed for the day and whenever wind exceeds
15 miles per hour.
c. Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation."
Plan Requirements: Place a note on a separate document which is to be
recorded concurrently with the map or on an additional map sheet.
Timing: Requirements of the condition shall be adhered to throughout all
grading and construction periods.
Monitoring: The Department of Development Services and the Department of
Public Works shall ensure that the note is placed on a separate document which is
to be recorded concurrently with the map or an an additional map sheet and an all
building and site development plans. Building inspectors shall spot check and
shall ensure compliance on-site. Butte County Air Pollution Control District
inspectors shall respond to nuisance complaints.
2. Mitigation Measure # 3:
Place a note on a separate document which is to be recorded concurrently with the
map or on an additional map sheet that states: "Fencing beyond (outside of} a
240' radius of the dwelling units shall be limited to a maximum of five (5) wire
strands. The lowest strand shall be at least sixteen (16) inches above the ground
and the upper strand shall be no higher than forty-eight (48} inches above the
ground."
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Plan Requirements: Place a note on a separate document which is to be
recorded concurrently with the map or on an additional map sheet.
Timing: The requirements of the condition shall be adhered to at all times.
Monitoring: The Department of Developrr~ent Services and Public Works
Department shall ensure the note is placed on a separate document which is to be
recorded concurrently with the map or on an additional map sheet. Department of
Development Services shall ensure that this note is placed on all building and site
development plans. Building inspectors shall spat check; and Building shall
ensure compliance on-site.
3. Miti anon Measure # 4:
Place a note on a separate document which is to be recorded concurrently with the
map or on an additional map sheet which states: "At the time of building permit
application, if a Deer Herd Impact fee(s) is currently in effect, it shall be paid
prior to the issuance of the building permit."
Plan Requirements: Place a note on a separate document which is to be
recorded concurrently with the map or on an additional map sheet.
Timing: The notes shall be completed prior to recordation.
Monitoring: The Department of Public Works and the Planning Division shall
ensure that the required notes are placed upon the map. The Planning Division
shall ensure compliance through routine monitoring.
4. Mitigation Measure #5
Place a note on a separate document which is to be recorded concurrently with the
map or on an additional map sheet which states: "New replacement housing and
agricultural worker housing units must not be placed more than 200' feet from the
western property line of the two 15-acre parcels."
Plan Requirements: Place a note on a separate document which is to be
recorded concurrently with the map or on an additional map sheet.
Timing: The notes shall be completed prior to recordation.
Monitoring: The Department of Public Works and the Planning Division shall
ensure that the required note is placed upon the map or additional rnap sheet. The
Planning Division shall ensure compliance through routine monitoring.
5. Mitigation Measure # 6:
Place a note on a separate document which is to be recorded concurrently with the
map or on an additional map sheet that states:
Prior to issuance of any grading, building, septic, or well permit, or the
approval of any improvements plans, the applicant shall submit an Oak Tree
Mitigation Plan by a certified arborist, registered professional forester,
botanist or landscape architect for review and approval by the Director of
Development Services or his/her designee. The plan shall demonstrate
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consistency with the California Public Resources Code Section 21083.4, Butte
County General Flan policies, and the Butte County Cade.
Tuning: Requirements of the condition shall be satisfied prior to issuance of any
grading, building, septic, or well permit, or the approval of any improvements
plans on the parcels.
1VMonitoring: The Butte County Land Development Division shall ensure that the
note is placed on a separate document which is to be recorded concurrently with
the final map. At the tune of septic, well, or building permit application, the
Development Services Department will reference this note an all building plans.
Butte County building inspectors shall ensure compliance on-site.
G. Mitigation Measure #7:
Place a note on a separate document which is to be recorded concurrently with the
map or on an additional map sheet that states: "Prior to any development activity
or the issuance of any permit or approval removing or encroaching upon oak trees
on the project site (this generally includes the canopy drip-line of trees within the
area of ground disturbance and trees subject to changes in hydrologic regime} an
Oak Tree Mitigation Plan prepared by a certified arborist, registered professional
forester, botanist or landscape architect shall be submitted for review and
approval by the Director of Development Services or his/her designee that
includes:
1} A survey showing the location of oak trees 5 inches or mare in diameter at
breast height, as defined by PRC §21083.4(a);
2) The removal of all oak trees S inches or more in diameter at breast height
shall be mitigated. It shall be mitigated by one or more of the following:
replanting and maintaining oak trees, establishing conservation easements,
contributing funds for off site oak woodlands conservation, and/or other
mitigation measures developed by Butte County. Replanting oak trees
cannot account for more than one-half of the mitigation. Replanted oak
trees shall be maintained far a period of seven years after they are planted.
If any of the replanted oak trees die or become diseased, they shall be
replaced and maintained for seven years after the new oak trees are
planted;
3} A replanting schedule and diagram for trees removed or encroached upon
by permit activities consistent with PRC §2i0$3.4(b)(2}, applicable
mitigation measures, and Butte County Ordinance, if any, shall be
submitted to and approved by the Director of Development Services or
his/her designee. Replanted trees shall be planted in areas deemed
appropriate by the Plan, considering future lot development, interference
with foundations, fencing, roadways, driveways, and utilities. Trees
planted shall be protected from livestock and other animals;
4) Oak Tree protection measures for trees to be retained within the project
site shall be included in construction specifications. Each oak tree to be
preserved shall be surrounded by a tree zone identified by the drip line of
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the tree. An orange plastic fence or other suitable type of fence shall be
used to identify the tree zone during construction activities. No vegetation
removal, soil disturbance, or other development activities shall occur
within the tree zone in order to protect root systems and minimize
compaction of the soil, unless authorized by Oak Tree Mitigation Plan;
and
S} Conservation easements or funds for off-site oak woodlands conservation
shall be proposed to and approved by the Director of Development
Services or his/her designee. "
Plan Requirements: No vegetation removal, grading, road construction, or other
earthwork shall be permitted until the tree plan is submitted and approved.
Timing: Requirements of the condition shall be satisfied prior to any
development activity or the issuance of any grading, building, septic, or well
permit, or the approval of any improvement plans on the parcels.
Monitoring: At the time of septic, well, or building permit application, the
Development Services Department will reference this requirement on any
grading, building, septic, or well permit site plans and verify that an Oak Tree
Mitigation Plan has been submitted to and approved by the Director of
Development Services or his/her designee. Butte County building inspectors shall
ensure compliance on-site.
7. Mitigation Measure #S:
Place a note on a separate document which is to be recorded concurrently with the
map or on an additional map sheet that states: "Should development activities
reveal the presence of cultural resources (i.e., artifact concentrations, including
arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural
remains; human skeletal remains), work within 50 feet of the find shall cease
immediately until a qualified professional archaeologist can be consulted to
evaluate the remains and implement appropriate mitigation procedures. Should
human skeletal remains be encountered, State law requires immediate notification
of the County Coroner. Should the County Coroner determine that such remains
are in an archaeological context, the Native American Heritage Commission in
Sacramento shall be notified immediately, pursuant to State law, to arrange for
Native American participation in determining the disposition of such remains."
Plan Requirements: Place a note on a separate document which is to be
recorded concurrently with the map or on an additional map sheet.
Timing: This measure shall be implemented during all site preparation and
construction activities.
Monitoring: The Planning Division and the Public Works Department shall
ensure that the note is placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet. The Department of
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Development Services shall ensure that this note is placed on all building and site
development plans. Should cultural resources be discovered, the
landownerldevelaper shall stop all work within 50 feet of the find and shall
immediately notify the Department of Development Services. The Department of
Development Services shall coordinate with the developer and appropriate
authorities to avoid damage to cultural resources and determine appropriate
action. Should human skeletal remains be encountered, State law requires
immediate notification of the County Coroner.
Public Works
8. Prior to or concurrently with the recordation of the Parcel Map, provide a fully
executed road maintenance agreement for all non-publicly maintained access
roads on the County approved form. A note shall he placed on a separate
document which is to be recorded concurrently with the map or on an additional
map sheet of the Parcel Map stating: "In accordance with Civil Cade Section
845, maintenance of the road as shown hereon shall be shared by those properties
with a legal interest in it."
9. All access rights shall be reserved by deed per County Ordinance, offered for
dedication, and depicted on the Parcel Map. Place the following note on the
Parcel Map; "approved road name is anon-exclusive easement for ingress,
egress, road and public services purposes, to be reserved in deeds and is hereby
offered for dedication to the County of Butte."
10. Prior to recordation of the Parcel Map, provide street name signs per requirements
of the Department of Public Works.
11. Prior to final road inspection, install all necessary traffic safety signs including
stop signs. For all non-publicly maintained access roads, a note shall be placed on
a separate document which is to be recorded concurrently with the reap or on an
additional map sheet of the Parcel Map stating: "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."
12. Provide a cul-de-sac designed and constructed as specified in the County
Improvement Standards. The Parcel Map shall show the cul-de-sac.
13. Prior to recordation of the Parcel Map, provide approved access to each parcel
from a County maintained road ar from a state highway. Improve parcel frontage
to RS-8 LD-II and access road to parcel being divided to RS-8 LD-I.
14. Shaw on the additional map sheet ofthe Parcel Map a 20 ft. building setback from
the edge of the ultimate right-of--way of LeFevre Lane and Century Court based
on Butte County Code Section 24-75{d).
15. Prior to grading, a Construction Storm Water Permit will be required by the State
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Water Resources Control Board if the project results in a disturbance (including
clearing, excavation, filling, and grading} of one or more acres. The Permit rr~ust
be obtained from the State Water Resources Control Board prior to construction.
If a Construction Storm Water Permit is required, place a note on an additional
map sheet that states: "The development of this Parcel Map required a
construction storm water permit. Construction activities that result in a land
disturbance of less than one acre, but which are part of a larger common plan of
development, also require a permit. Development of individual lots may require
an additional permit(s)."
16. Show all easements of record on the Parcel Map.
17. Prior to or concurrently with the recordation of the Parcel Map, pay in full any
and all delinquent, current and estimated taxes and assessments as specif ed in
Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code
commencing with Section 66492.
1 S. Pay the recording fees in effect at the time the Parcel Map and related documents
are recorded.
Butte County Fire/California Department of Forestry
19. Construction, installation or development of buildings and/or roads, driveways,
gates and bridges on parcels/lots shall comply with the latest California Fire Safe
Regulations-Public Resources Code 4290, 4291 and current Butte County
Improvement Standards, whichever is stricter.
20. Place a note on a separate document, which is to be recorded concurrently with
the Parcel or Final map, or on an additional map sheet stating, "Building
identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted at the time of permit issuance and
maintained continuously thereafter.
21. Mitigation Measure #9;
Place a note on a separate document which is to be recorded concurrently with the
map or on an additional map sheet that states: "Fire suppression sprinkler
systems shall be installed in all new residential structures in accordance with the
National Fire Protection Association Standard for the installation of sprinkler
systems in one and two family dwellings and mobile homes, NFPA Standard 13D,
unless a pressurized community water system, with hydrants that meet Fire
Department specifications, serves the parcels."
Plan Requirements: Place a note on a separate document which is to be recorded
concurrently with the map or on an additional map sheet.
Timing: Interior fire sprinkler systems shall be installed in all new residential
structures at the time of building construction.
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Monitoring: Building Division plan checkers shall ensure that the building plans for
residential structures include interior fire sprinkler systems. Building inspectors
shall ensure all residential structures have a functioning interior fire sprinkler
system prior to the final inspection, by conducting an on-site inspection.
Agricultural Commission
22. Mitigation Measure: #X
Place a note on a separate document which is to be recorded concurrently with the
map or an an additional map sheet that states: "All new residential structures
shall be located at least three hundred (300} feet from the north and east property
lines as a minimum setback from California Land Conservation Agreement
CLCA lands or at a location consistent with implementing guidelines as they
maybe adopted from time to time by the Butte County Board of Supervisors."
Plan Requirements: The pate shall be placed on a separate document which is
to be recorded concurrently with the map ar on an additional map sheet and on
building and site development plans.
Timing: Requirements of the condition shall be reviewed prior to building permit
issuance and during the building inspection process.
Monitoring: The Planning Division and the Public Works Department shall
ensure that the note is placed an a separate document which is to be recorded
concurrently with the map or on an additional map sheet note. Planning Division
shall check building plans/site plans to ensure that any new residential structures
are not within 300 feet of the north and east property lines. Building inspectors
shall ensure compliance on-site during the building inspection process.
Environmental Health Division
23. Identify on the additional map sheet a 100-foot Ieachfield free setback from
existing wells.
24. Identify on the additional map sheet a 50-foot leachfield free setback from any
drainage ways.
25. Show 2 acres of usable sewage disposal area , an all parcels, proven to meet the
requirements of County Improvement Standards, Appendix VII.
26. Show areas greater than 30% slope as unsuitable far sewage disposal.
Processing Fees
27. Prior to recordation of the Parcel Map, pay any outstanding project-related
processing fees.
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County Counsel
28. if this entire ~rn.atter or any finding, action or condition of this matter is appealed to
the Board of Supervisors, the applicant or any other developerloperator other than
the applicant agrees to indemnify the County of Butte from liability or loss related
to the approval of this project and agrees to sign an indemnification agreement in
a form approved by County Counsel before the Board's appeal hearing. Tf the
application is not appealed, this condition is deemed satisfied.
)C~. NOTATION
A. Minor changes may be approved administratively by the Directors of
Development Services, Environmental Health, or Public Works upon receipt of a
substantiated written request by the applicant, or their respective designee. Prior
to such approval, verification shall be made by each Department or Division that
the modification is consistent with the application, fees paid and environmental
determination as conditionally approved. Changes deemed to be major or
significant in nature shall require a formal application for amendment.
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