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HomeMy WebLinkAbout07-145_ J ~. ;< rt w. ~aa I~esolufivn No. 07-145 A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS APPROVING TENTATIVE PARCEL MAP 03-11 WHEREAS, the Development Review Committee heard Tentative Parcel Map 03-11 for Margaret Mills (the Project) on February 27, 2003, and denied the TPM based on inconsistency with the Butte County General Plan's Land Use Element and the Agricultural Residential land use designation in accordance with Chapter 20; Subdivisions, of the Butte County Code on Assessor's Parcel Numbers 028-200-041; and WHEREAS, the Project was appealed to the Board of Supervisors, and continued four times and on October 26, 2004 was continued off the agenda; and WHEREAS, the applicant requested on August 25, 2005 that the Project be placed back on the Board of Supervisor's agenda; and WHEREAS, County Staff has prepared IS/MND and circulated it to the State Clearinghouse in July 2007; 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, a duly noticed public hearing was held on August 28, 2007; and WHEREAS, the Board of Supervisors has considered public comments, reports from the Planning Division, the recommendation of the Butte County Development Review Committee and other portions of the administrative record for the project: NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors: I. Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with CEQA. 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. The Board of Supervisors has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. 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 Margaret Mills, Planning Division File No. TPM 03-03 would have a significant effect on the environment. The custodian of the record is the Land Development Division of the Public Works Department. 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 that 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 03-11, for Margaret Mills, subject to the conditions as set forth in the 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. Surrounding parcels to the south and north are developed with rural residential dwelling without extensive agricultural operations, except for keeping of animals per Butte County Code Section 24-265. The parcel to the east is undeveloped (no agricultural operations) rolling hills with large amounts of oak trees. Butte County Code Section 24-286 which implements General Plan Program 2.2 Agricultural buffers , requires a 300 fool residential dwelling buffer when the project parcel is located either within or adjacent to the Grazing and Open Land (GOL) or Orchard and Field Crops (OFC) land use designation. A small sliver of the west side of the project parcel is subject to the Agricultural Program 2.2 buffer. The parcel to the west is currently under a Williamson Act Contract for grazing of cattle With the existing dense vegetation along the eastern portion of the parcel under the Williamson Act Contract and the existing Dunstone Road right-of--way, the proposed additional dwelling will not be incompatible with the neighboring agriculture activities. The Agricultural Commissioner commented on the project and identified that there is no adjacent agricultural production and had no specific recommendations. 2. Evidence of adequate water and sewage disposal capacity. The Butte County Environmental Health Division determined that the soils on the project site are generally suitable ,for on-site sewage disposal systems. 3. Availability of adequate fire protection facilities. The Butte County Fire Department (CDF) determined that the project conforms to Department requirements and has applied appropriate project conditions: a. Construction, installation or development oj~structures or facilities on the parcels shall comply with the latest California Fire Safe Regulations (Public Resources Code 4290; b. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of construction and maintained continuously thereafter; and c. Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property. A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. A full time CDF station is within 3.5 miles of the property, located in Bangor. 4. Adequately maintained approved road access with sufficient capacity to service area. The project site is served by a county-maintained gravel road (Dunstone) that serves approximately 85 parcels between La Porte Road and Grubbs Road (both county-maintained paved roads) roads. 5. Reasonable accessibility to commercial services and schools. The project parcels are within 9 miles of commercial shopping and schools in Oroville as well as 3. S miles to a grade school and small commercial area in Bangor. B. The proposed tentative subdivision map is consistent with the Goals and Policies of the Butte County General Plan and Policy 3.2.a of the Land Use Element which requires that residential densities be correlated to soil, slope and other natural site characteristics. C. The proposed tentative subdivision map is consistent with the Goals and Policies of the Butte County General Plan and Policy 3.2.b of the Land Use Element which requires residential densities to be correlated to the availability of water and sewage disposal and proximity to other facilities. D. With the addition of Department of Public Works' conditions regarding access, drainage and improvement standards, and Environmental Health Division conditions regarding sewage disposal, the project is physically suitable for the use and density of the proposed development. E. With the additions of California Department of Forestry/Butte County Fire Department conditions regarding compliance with the Fire Safe Regulations, fire hydrant identification, pressurized community water system for fire protection purposes, and other fire safety measures, the project conforms to the fire requirements of the Butte County Fire Department. F. 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. G. Approval of this project will not be detrimental to the general health, safety and welfare of the public because the mitigation measures identified by the project initial study have been incorporated into the project as conditions of approval. The conditions must be satisfied or the final map will not be allowed to be recorded. H. The roads in the project area have the capacity to handle the increase in vehicular traffic generated by the project. 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 28th day of August, 2007, by the following vote: AYES: Supervisors Connelly, Josiassen, and Yamaguchi NOES: Supervisor Kirk and Chair Dolan ABSENT: None NOT VOTING: None •~ , .TANE DOLAN, Chair Butte County Board of Supervisors ATTEST: STAR BROWN, Interim Chief Administrative Officer and Clerk o~the ~o~d of Supervisors °f % i l r f 1 1'~ ~ i~ ~' ~ ~ J~ 1 ' f By; ., ! ~.' L~~1G;4 r EXHIBIT A Tentative Parcel Map for Margaret Mills on APN 028-200-041 File # TSM 03-11: A Tentative Parcel Map to subdivide a 10-acre parcel into two 5-acre parcels. The project is located at 777 Dunstone Drive, in a rural residential area approximately 3.5 miles northwest of Bangor. 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 parcel map or on an additional map sheet and on all building and site development plans 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. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. 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 Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. Water shall be applied to disturbed areas to minimize dust until soils are stabilized. £ Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. g. Other measures as determined appropriate by the AQMD or the Department of Public Works to control dust shall be implemented. 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 placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services and Department of Public Works shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of building permit application, the Development Services Department will reference this note on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 2. Mitigation 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: 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 Miti ag tion 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 more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 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 miti atg ion. Replanted oak trees shall be maintained for 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 §21083.4(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 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 5) 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: The Butte County Department of Development Services and 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 on an additional map sheet. 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. 3. 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 which states, "Structures, dumping, fill material, vegetation removal and/or excavation shall not be allowed within the 50 foot No Disturbance Setback as depicted, except for water wells and access on the property." The 50 foot "No Disturbance Setback" shall be measured from the top of bank, or outer edge of the swale, whichever is greater. Limited vegetation removal necessary for flood control, water wells, and access is permissible within the "No Disturbance Setback;" 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. Plan Requirements: The required notes must be placed upon the recorded 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 #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 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 Butte County Department of Development Services and Department of Public 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 developer shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 5. Place a note on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet that states: "All buildings shall be setback per Butte County Code requirements, or as determined by the Parcel Map, at the time of building permit application." 6. All residential lots shall conform to Butte County Code Sections 24.90.10. 7. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. 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 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." 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: "proved 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 or concurrently with the recordation of the Parcel Map, Deed to Butte County in fee simple 30 feet of right-of--way from each side of the centerline of Dunstone Road along the entire property frontage 1 I . 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." 12. 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. 13. Provide a cul-de-sac designed and constructed as specified in the County Improvement 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 parcel 2 frontage on Dunstone Road and access road to parcel being divided to RS-8 LD-II County Improvement Standards. 15. 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)." 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 specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. 18. 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. Place a note on a separate document and recorded concurrently with the Parcel Map or an additional map sheet stating: "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 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. Place a note on a separate document and recorded concurrently with the Parcel Map or an additional map sheet stating: "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. Environmental Health Division 22. Identify on the additional map sheet a 100' leach field setback from each existing well. 23. Identify on the additional map sheet a 50' leach field setback from the drainage way on Parcel 1. 24. Identify on the additional map sheet usable sewage areas proven to meet the requirements of County Improvement Standards, Appendix 7. Combine with adjacent parcel any not proven to contain usable sewage disposal area. Pacific Gas & Electric 25. Prior to final map approval, place a note on the additional map sheet that states "Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer". 26. Prior to final map approval, place a note on the additional map sheet that states "There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easements that exist which would infringe on PG&E easement rights". County Counsel 27. 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.