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HomeMy WebLinkAbout08-050~~~~~ }~ SU;F+ - ~~~ QT'y~'.LZ`Ls-~ *~ /~,~ ~ `~ + ~i r ~.~ 'k~ ~1 ' :may _ ,.. ~yr_./ ~ ~ _g, ~ ,~ ~ ~~. ~ :~i > ~ .~~ ~~~sr~lutir~n ~1i~~, 0~-050 RESOLUTION OF THE BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIhORNIA DENYING THE APPEAL AND UPHOLDING THE I'L~NMNG COMMISSION'S ACTION TO INCLUDE CONDITION #6 PROHIBI'T'ING SECOND DWELLING UNITS ON TENTATIVE PARCEL MAP 06-0029 (Michael McCrady) WHEREAS, the Board oC Supervisors has considered the appeal of the prohibition oP second dwelling units on the proposed parcels by the applicant, Michael McCrady, in accordance with Chapter 20; Subdivisions, of the Butte County Code on Assessor's Parcel N~~Imber 056-160- 048; and WHEREAS, said neap was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, the inclusion of condition #6 in approval of said map by the Planning Commission on March 6, 2008, was appealed in a timely manner and with the appropriate Pees; and WHEREAS, a duly noticed public hearing was held on April 22, 2008; and WIIER~AS, the Board oP Supervisors has considered public comments, reports Prom the Planning Division and Public Works Department, the recommendation Prom the Planning Commission, and the appeal letter on record: NOW, "fHI{,RI~I~'ORE, BE i~l' RESOLVED that the Board ol~ Supervisors: Deny the appeal and uphold the Planning Commission's action to include condition #6 prohibiting second dwelling units, subject to the following findings: A. Second dwelling units would create adverse impacts to the deer herd. The proposed map will not be detrimental to the health, safety and welfare of the surrounding area provided no second unit is allowed on the parcel consistent with Condition of Approval 6. 1. Proposed parcel sizes are smaller than those surrounding the project site. 2. The project site is located in a Deer IIerd Area, and the "Deer herd Arca, Critical Winter Range" is immediately east of the project site. "[~he Commission's determination is consistent with l~.iwirotlmcntal Policies 2.h and 2.c of the Cohasset Planning ~.rea of Planning Area #2. DULY PASSED AND ADOP'hI;D this 22"`~ day of April ?008, by the following vote: AYI~S: Supervisors Connelly, Dolan, Kirk, Yamaguchi, and Chair Josiassen NOES: None A[3SEIti`I~: None AE3S"1~AIN: None ;, CI1RT' .It7SIASSEN, Chair Butte County Board of Supervisors A'I"I'ES'I': C. BRIAN HAI~UI~~,~Chicf Administrative Of~fi and Clerk of the/I3~a,~d~;t 1 ~'' ~ ~~~ j e/ r ,. ti _ _ 1 ~_- ~ 1_L.__~L ._ _ C ~_ E XHII3I"I' A Tcntati~~e Parcel Map for Michael McCrad~~ nn APN 056-Ifi0-048, Filc # 'TPM06-0029: a ~l~cntative Parcel Map to divide an 11.6 acre parcel into four parcels of-3.2, 2.5. 2.~ and ~.l acres, served by individual sewage disposal systems and wells. 1. CONllITIONS OF APPROVAL: Planning, Division 1. Mitigation Measure 1: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. Alight source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: "Phis mitigation shall be placed as a condition ot~ the Parcel Map, and on all building permit and site development plans. Timing: "I~he provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance; on-site. "I~he Development Services Department shall investigate and respond to any complaints of~ excess glare or light originating from tl~1e project site. 2. Mitigation Measure 2: 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. hollow the dust control measures listed below: a. Vv'ater 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. h. 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 I5 mph on unpaved roads. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints- "I-his 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 I~IIIISSIOns}. e. All visibly dry disturbed soil surface ai°eas of operation shall be ti~~atered to minimize dust emissions. Water shall be applied to disturbed areas to minimize dust until soils are stabilized. f. I~xisting roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater li-cqucncy. g. Other measures as determined appropriate by the AQMD or the Department of Public Works to control dust shall be implemented." Plan Requirements: 1~he note shall be placed on a separate docwnent which is to be rean~ded concurrently with the map or on an additional map sheet. I~his 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: 'l~he Department of Development Services and L)epartmcnt of Public Works shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or an an additional snap 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. l3utic County Air Quality Management District inspectors shall respond to nuisance complaints. 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 that states: "`Prior to ally development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (ibis generally includes the canopy drip-line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) an C)ak "free Mitir=anon 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 hislher 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 bi°east 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, andlor other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitt ~at~, ion. Replanted oak trees shall be maintained for a period of seven years after thc_y are planted. if any oi~ 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 Qutte 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 cone idcntilied by the drip line of the tree, An orange plastic fence ar 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 oI~ the soil, unless authorized by C~ak "]~ree Mitigation Flan; and S) Conservation easements or iimds for oI'f-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or hislher 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 pernut application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak "free Mitigation Plan has been submitted to and approved by the Director of Development Services or hislher designee. Butte County building inspectors shall ensure compliance on-site.'" 4. MiYi~ation Measure 4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional snap sheet 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 resource and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skcietal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological contest, the Native American flc;ritage 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 shall be shown on all site development and building plans. Timing: "This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the 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 the map or on an additional map sheet that states: "Limit earthwork to the period between April 1 and Nov. 15" unless an erosion control plan prepared by a roistered civil engineer or other qualified professional has been prepared for wet weather operations. All areas where the soil has been disturbed or where the vegetation has been removed shall be protected from erosion using standard erosion control methods accepted by civil engineers. Vegetation in the tilel reduction area shall not be removed to the extent that erosion occurs. It is reconunendcd that the voetation removed for fire protection be chipped or mulched and then applied to the cleared areas for erosion control." Plan Requirements: This mitigation shall be placed as a condition of the Use Permit and on all building plans. Timing: "I~his measure shall be implemented during site preparation and construction. Monitoring: The Department of Develapment Services shall ensure compliance through routine inspection. 6. Second dwelling units are prohibited on each parcel, because the project site is located in a Deer Herd Area. "fhe project site is also located immediately west of the "Deer hear urea, Critical Winter Range.'" Place a note on a separate document which is to be recorded concurrently with the map or on art additional map sheet That states: "Second dwelling units are prohibited ot1 each parcel.'" (C~~nc/itiort crclclc~d by I'lut~rring ('ofr~rraiss~iorr cad the Fehrt~crry 2~. 200 rnec~ling) Pnhlic~ Wnrl~~c S"['RF,E"fS 7. 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: "Tn accordance with Civil Code Section 845, maintenance of the road as shown hereon shall be shared by those properties with a legal interesl in it." 8. 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: '`~t~rovecl rood ncr~ne 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."' 9. Prior to or concurrently with the recordation of the Parcel Map, Deed to Butte County in fee simple 4Q feet of right-of-vvay from the centerline of Cohasset Road along the entire property frontage. "I'he right-of=way shall be sufficient for the installation ol~ Improvement Standard No. S-5 at all street intersections. 10. Prior to or concurrently with the recordation of the Parcel Map, relinquish abutter`s rights of access to Butte County along the Cohasset Road frontage of parcels 1 and 2, except at approved access point. 1 1. Prior to recordation of the Parcel Map, provide street name suns per requirements of the Department of Public Works. Street names shall be reviewed by the County 1lddress 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 live alternate names for each new street shall be submitted. l 2. 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 slop 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." 13. 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. t~dequate sight distance at the intersection of access road and Cohasset Road shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. 14. Provide a cul-de-sac designed and constructed as specified in the County [mprovement Standards. The Parcel Map shall show the cul-de-sac. 15. Prior to recordation of the Parcel Map, provide approved access to each parcel from a County maintained road or Ii-om a state highway. Improve access road to parcel being. divided to RS-8 LD-III. Submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction. 16. Show on the additional map sheet of the Parcel Map a 25 It. building setback from the edge of the ultimate right-of=way of Cohasset Road and a 2D 1't. building setback from the edge of the ultimate right-of=way of access road based on Butte County Code Section 24- 7S(d). DRt~INAGE 17. Prior to recordation of the Parcel Map, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. '1'hc drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on- site andl or com~eyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel ar facility. If` storm drainage facilities serve new public roads, the developer must complete the formation of a County Service f\rea (CSA) or other Department of Public Works approved entity prior to recordation of the Parcel Map. "The CSA formation process will require the Developer to fund the service until the beginning of the first fiscal year in which ser`~ice charges can be collected for the CSA, and agree to an annual maximum service charge to ensure continued operation of the facilities. 18. Prior to grading, a Construction Storm Water Permit will be required by the State Water Resources Control Board if tl~e project results in a disturbance (including clearing, excavation, filling, and grading} of one or more acres. The Permit ml~st 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 requires a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which arc p~-rt of a larger common plan of development, also regl-ire a permit. Development of individual lots may require an additional permit(s).'" PARCI~I, MAP 19. Show all casements of record on the Parcel Map. 20. Prior to or concurrently with the recordation of the Parcel Map, pay in fi-11 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. 21. Pay the recording fees in effect at the time the Pa-•cel Map and related documents are recorded. Butte County Fire/Cal Fire 22. 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: "Construction, installation or development of structures or facilities on the parcelsllots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 42911/4291), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for pen7~its." Plan iequirements: 1'he note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map. All requirements shall be shown an building plans. Timing: Requirements of the mitigation shall be adhered to when applying for building permits. Monitoring: The Butte County lire Department and the Department of Development Services shall ensure that submitted building plans arc consistent with appropriate codes. 23. Mitigation Measure 7: Place a note oi~i 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 hire 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." Ptan Requirements: The note shall be placed an a separate doci~unent which is to be recorded concurrently with the map or on an additional map shed and on all building and site development plans. Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. Monitoring: Z~'he Department of Public Works and 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. 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 an-site inspection. 24. Construction, installation or development of buildings andlor roads, driveways, gates and bridges on parcelsllots shall comply with the latest Calilornia Dire Safe Regulations -- Public Resources Code 4290, 4291 and current Butte County Improvement Sta~ldards, whichever is stricter. 25. Place a note on a separate document, which is to he recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification andlor 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. Environmental Health Division 2G. Prior to final map, show the usable sewage disposal area lar each parcel on an additional map sheet. 27. Prior to final map, place a note on the additional map sheet that states: "Sewage. disposal shall be placed within the designated sewage disposal area.'" 2K. Prior to final map, place a note on the additional map sheet that states: "Water wells shall not he located within I00 feet of any designated sewage disposal area." 29. Prior to final map, place a note on the additional map sheet that states: "Wells may need to be drilled to 700 feet deep or more in order to obtain adequate quantities of water for domestic purposes.'" ,0. Prior to issuance of building permit, all abandoned wells shall be destroyed under permit from the Environmental Health Division, 31. Prior to issuance of building permit, proof of water will be required before sanitation clearances will be issued. Processing Ices 32. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. County Counsel 33. 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 n. 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 a»lditionally approved. Changes deemed to be major or significant in nature sha11 require a formal application for amendment.