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Resolution No. 0~-126
A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS
APPROVING TENTATIVE PARCEL MAP 06-0026 (GWEN AND CLINTON AKERS)
WHEREAS, the Board of Supervisors has considered Tentative Parcel Map 06-0026 for
Timothy Giordano, in accordance with Chapter 20, Subdivisions, of the Butte County Code on
Assessor's Parcel Number 027-220-083, including public comments, a report from the Planning
Division and the denial of said Tentative Parcel Map by the Planning Commission; and
WHEREAS, said Tentative Parcel Map was referred to various public and private
agencies, County departments, and referral agencies for review and comments, after which the
Planning Commission denied the tentative parcel map at a duly noticed public hearing on May
24, 2007; and
WHEREAS, an appeal of the Planning Commission's denial of the tentative parcel map
was filed in a timely manner with appropriate fees; and
WHEREAS, the Board of Supervisors has considered an Initial Study and Mitigated
Negative Declaration in accordance with the California Environmental Quality Act; and
WHEREAS, a duly noticed public hearing has been held before the Board of Supervisors
on July 10, 2007:
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors:
I. Adopts a Mitigated Negative Declaration for Tentative Parcel Map 06-0026 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 significant levels; a Mitigated Negative
Declaration is proposed.
B. Based upon the Initial Study, Draft Mitigated Negative Declaration, and
all oral and written comments and responses thereto, adopt the Mitigated
Negative Declaration of Environmental Impact and certify that the
requirements of the California Environmental Quality Act have been
satisfied.
C. On the basis of the whole record before the Board of Supervisors,
including the Initial Study and any comments received, there is no
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substantial evidence that the Tentative Parcel Map for Clinton and Gwen
Akers, Planning Division File No. TPM06-0026, would have a significant
effect on the environment. The custodian of the record is the Department
of Development Services Planning Division. The location of the record is
7 County Center Drive, Oroville CA 95965.
D. The proposed Mitigated Negative Declaration reflects the independent
judgment and analysis of the County, which is the Lead Agency.
II. Finds the collection of fees pursuant to Fish and Game Code Section 711.4 is
required, prior to filing a Notice of Determination for the project, unless the
project proponent provides verification from the California Department of Fish
and Game that the project is exempt from the fee requirement. If a required fee is
not paid for a project, the project will not be operative, vested or final and any
local permits issued for the project will be invalid (Section 711.4 (c) (3)).
III. Approves Tentative Parcel Map 06-0026 for Gwen and Clinton Akers to
subdivide the +80 acre APN 027-220-083 into four 20 acre parcels, subject to the
following findings and the conditions found in Exhibit "A":
A. The proposed map is consistent with the A-5 (Agriculture 5-acre
minimum) zone and the Orchard and Field Crop and Agricultural
Residential General Plan land use designations.
B. The proposed map is consistent with the following Butte County General
Plan Goals and Policies:
3.2.a. Residential densities shall be correlated to soil, slope and other
natural site characteristics.
3.2.b. Correlate residential densities to availability of water and sewage
disposal and proximity to other public facilities.
3.2.c. Relate residential densities to intensity and compatibility of
adjacent uses.
3.2.d. Balance residential densities with traffic-carrying capacities of
existing and proposed circulation plans.
7.1.a. Consider fire hazards in all land use and zoning decisions,
environmental review, subdivision review and the provision of
public services.
C. The design and improvements of the proposed parcel map are consistent
with County standards and policies provided all conditions of project
approval are complied with.
D. The project site is physically suitable for the use and density of the
proposed development.
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 parcel map provided the attached conditions
are met.
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F. The project site is not located within an earthquake fault zone or a 100-
year flood zone.
G. The project with included conditions will not have an impact to any
aircraft operations within any Compatibility Zones of the Oroville
Municipal Airport.
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 would not cause a significant impact to any agricultural
operations.
J. The future residents of the project site would not be exposed to significant
impacts related to agricultural practices.
K. The roads in the project area have the capacity to handle the increase in vehicular
traffic generated by the project.
DULY PASSED AND ADOPTED this 10th day of July, 2007, by the following vote:
AYES: Supervisors Connelly, Kirk, Josiassen, Yamaguchi, and Chair Dolan
NOES: None
ABSENT: None
ABSTAIN: None
JANE DOLAN, Chair
Butte County Board of Supervisors
ATTEST:
STARLYN BROW ,Acting Chief Admini ative Olticer
and Clerk of~e ar
By: J~ l ~~~~r~
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EXHIBIT A
Tentative Parcel Map for Timothy Giordano on APN 027-220-083, File # TPM06-0026: An
application for a Tentative Parcel Map to divide an 80-acre (gross) parcel into four 20-acre acre
parcels on property zoned A-5 (Agriculture - 5 acre minimum) and with General Plan land use
designations of Agricultural Residential and Orchard and Field Crop.
I. CONDITIONS OF APPROVAL:
Planning Division
1. Mitigation Measure # 1
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 development activities shall
be kept to a minimum with a goal of retaining dust on the site. The dust control measures
listed below shall be followed:
c. p y
with soil binders to prevent dust generation.
d. On-site construction vehicles shall be limited to
roads.
a. During clearing, grading, earth moving, excavation, or transportation of cut or fill
materials, water trucks or 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.
Soil stock filed for more than two da s shall be covered, kept moist, or treated
Management District shall be visible to ensure compliance with BCAQMD Rule
200 & 205 (Nuisance and Fugitive Dust Emissions).
£ Existing roads and street adjacent to the project shall be cleaned at lease once per
day unless conditions warrant a greater frequency.
g. Other measures as determined appropriate by the BCAQMD or Department of
Public Works in order to control dust."
a speed of 15 mph on unpaved
e. Post a publicly visible sign with the telephone number and person to contact
regarding dust complaints. This person shall respond and take corrective action
within 24 hours. The telephone number of the Butte County Air Quality
Plan Requirements: This note shall he placed on a separate document which is to be
recorded concurrently with the map or on an additional map sheet and all building and
site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and
construction periods.
Monitoring: The Butte County Department of Development Services 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. 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 #2
Show on a separate document to be recorded concurrently with the map or an additional
map sheet the following note: "Prior to the issuance of development permits (e.g.,
building, septic and well) and no more than thirty (30) days prior to any ground
disturbance (for example, grading for access roads, building foundations or septic
systems) on any of the proposed parcels, a qualified biologist shall conduct a protocol
level survey to determine presence of California burrowing owl in (1) the area between
the banks of Wyandotte Creek that are within 500 feet of the proposed disturbance area,
and (2) whatever un-disked/graded areas that may also be within 500 feet of the proposed
disturbance area. If burrowing owl is (are) found to exist within this survey area,
appropriate development exclusion buffers shall be determined and established in
consultation with the California Department of Fish and Game in order to avoid and
preserve said resources. If avoidance of all or any burrowing owl is not feasible,
mitigation for impacts shall be determined in consultation with the California Department
offish and Game."
Plan Requirements. The note shall be placed on a separate document which. is to be
recorded concurrently with the map or an additional map sheet. This note shall also be
shown on each building and site development plan for the parcels resulting from this
project.
Timing. The requirements of this mitigation shall be adhered to at all times.
Monitoring. The Planning Division and 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 Development Services shall ensure
that the note is placed on all building and site plans. If preconstruction surveys are
required, the Planning Division shall ensure that said preconstruction surveys are
performed no more than thirty (30) days prior to disturbance and, if burrowing owl are
present, shall ensure that adequate avoidance and/or mitigation measures are
implemented as determined in consultation with the California Department of Fish and
Game.
3. Mitigation Measure #3
Show on a separate document which is to be recorded concurrently with the map or on an
additional map sheet a 50-foot "No Disturbance - No Leachfield Area" on both sides of
Wyandotte Creek's top-of--bank as it crosses the proposed Parcels 3 and 4. The distance
shall be measured from the Wyandotte Creek's top-of--bank. Place a note on a separate
document which is to be recorded concurrently with the map or on an additional map
sheet that states: "No development (including septic tanks, leachfields, structures, fences,
dumping, fill material, vegetation removal and/or excavation) shall occur within the `No
Disturbance - No Leachfield Area' as depicted. Limited vegetation removal necessary
for flood and fire control is permissible within the `No Disturbance - No Leachfield
Area'; however, all living and thriving native trees shall be retained and all vegetation
removal shall be approved by the Department of Fish and Game prior to removal."
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Plan Requirements: The note shall be placed on a separate document which is to be
recorded concurrently with the map or on an additional map sheet. This note shall also be
shown on building and site development plans.
Timing: The requirements of this mitigation measure shall be adhered to at all times.
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 Development Services shall
ensure that the note is placed on all building and site plans. Building inspectors shall spot
check and ensure compliance on-site.
4. Mitigation Measure #4
Place a note on a separate document which is to be recorded concurrently with any future
map or on an additional map sheet, and with all building and site development plans that
states: "Should grading 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: This note shall be placed on a separate document which is to be
recorded concurrently with the map or on an additional map sheet and all building and
site development plans.
Timing: This measure shall be implemented during site preparation and construction.
Monitoring: The Department of Development Services 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 Development Services shall ensure that the
note is placed on all building and site development plans. Should cultural resources be
discovered, the landowner/developer shall notify the Planning Division and a
professional archaeologist. The Planning Division shall coordinate with the
landowner/developer and appropriate authorities to avoid damage to cultural resources
and determine appropriate action.
5. Mitigation Measure #5
Place a note on a separate document which is to be recorded concurrently with any future
map or on an additional map sheet, and with all building and site development plans that
states: "To reduce construction-generated noise the developer shall implement the
following measures to mitigate construction noise throughout all construction periods:
a. Limit construction activity to daytime hours (7:00 a.m. to 7:00 p.m.) with no
construction activity on Sundays or holidays;
b. Use best available noise suppression devices and properly maintain and muffle
diesel engine-driven construction equipment;
c. Construction equipment shall not idle for long periods of time."
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Plan Requirements: This note shall be placed on all construction plans.
Timing: This measure shall be implemented prior and during all construction grading
activities.
Monitoring: The project proponent shall be responsible for ensuring compliance with
this mitigation and shall respond to all complaints of noise. The Department of
Development Services shall investigate all complaints of excess construction related
noise.
Public Works
6. 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 be 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 Code Section 845, maintenance of the road as shown hereon shall
be shared by those properties with a legal interest in it."
7. 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."
8. Prior to or concurrently with the recordation of the Parcel Map, Deed to Butte County in
fee simple 30 feet of right-of--way from the centerline of Cox Lane along the entire
property frontage. The right-of--way shall be sufficient for the installation of
Improvement Standard No. S-5 at all street intersections.
9. Prior to recordation of the Parcel Map, provide street name signs per requirements of the
Department of Public Works. Street names shall be reviewed by the County Address
Coordinator and one name for each new street shall be recommended to the Board of
Supervisors for approval prior to recordation of the Parcel Map. A minimum of five
alternate names for each new street shall be submitted.
10. 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 map 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."
11. Prior to recordation of the Parcel Map, obtain an encroachment permit and improve all
new and existing driveway approaches to publicly maintained roads as specified in the
County Improvement Standards and the terms of the encroachment permit.
12. Prior to the recordation of the Parcel Map, 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 Cox Lane shall be
provided.
13. Provide a cul-de-sac designed and constructed as specified in the County Improvement
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Standards. The Parcel Map shall show the cul-de-sac.
14. Prior to recordation of the Parcel Map, provide approved access to each parcel from a
County maintained road or from a state highway. Improve access road to RS-8 LD-II
road standard.
15. Show on the additional map sheet of the Parcel Map a 20 ft. building setback from the
edge of the ultimate right-of--way of Cox Lane and access road based on Butte County
Code Section 24-75(d).
16. Prior to grading, a Construction Storm Water Permit will be required by the State Water
Resources Control Board if the project results in a disturbance (including clearing,
excavation, filling, and grading) of one or more acres. The Permit must 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)."
17. Show all easements of record on the Parcel Map.
18. 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 specified in Article 8 of
Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with
Section 66492.
19. Pay the recording fees in effect at the time the Parcel Map and related documents are
recorded.
Environmental Health Division
20. Prior to recordation, identify on the map sheet a 100-foot leach field free setback from
each existing well.
21. Prior to recordation, identify on the map sheet a 50-foot leach field free setback from the
drainage way/seasonal stream on Parcels 3 and 4.
22. Prior to recordation, identify on the map sheet a 100-foot leach field free setback from the
high water line of the creek/perennial stream on Parcels 3 and 4.
23. The useable sewage disposal area on Parcel 1 needs to include the area where the
monitoring wells are located.
24. Place a note on the additional map sheet stating that the sewage disposal systems for
Parcels 1, 2, and 3 must be constructed to conform to the conceptual design for this
project approved by Environmental Health.
25. Place a note on the additional map sheet that the sewage disposal system for Parcels 1, 2,
and 3 must be placed within the Useable Sewage disposal Area indicated on the approved
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map.
26. Identify on the additional map sheet the Useable Sewage disposal Areas on Parcels 1, 2,
and 3 proven to meet the requirements of County Improvement Standards Appendix VII.
Agriculture Commissioner
27. Place a note on the additional map sheet stating that: "A 300-foot residential setback from
the parcel perimeters and Orchard and Field Crop boundary is required within those parts
of Parcels 1, 2 and 3 within the Orchard and Field Crop General Plan designation. New
dwellings are prohibited within this area. The 300-foot setback reflects the
implementation of Program 2.2 of the Butte County Agricultural Element in effect at the
time of the approval of this waiver of parcel map approval."
Butte County Fire/California Department of Forest
28. Placc a note on a separate document which is to be recorded concurrently with the parcel
map or on an additional map sheet stating that "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." Additionally, this note is to be added to all building plans."
29. Prior to final building inspection, provide an all weather access of at least 10 feet wide
and with a vertical clearance of 15 feet that will allow for ingress and egress and
accommodate 40,000 pound fire apparatus to all structures.
Processing Fees
30. Prior to recordation of the Parcel Map, pay any outstanding project-related processing
fees.
County Counsel
31. If this entire matter or any finding, action or condition of this matter is challenged in any
other 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 loss 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.
II. 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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I hereby declare under penalty of perjury I have read the foregoing conditions, they are in
fact the conditions which were imposed upon the granting of this use permit, and that I agree to
abide fully by said conditions.
Dated:
Applicant
,~1.._^
JANE D(~'L,AN, Chair
Butte County Board of Supervisors
CC: Land Development Division
Building Division
Environmental Health Division
Butte County Fire Department/CDF
Butte County Assessor's Office
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