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HomeMy WebLinkAbout08-072RESOLUTION OF TIIE BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA GRANTING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF AN EXCEPTION REQUEST TO THE ROAD IMPROVEMENT REQUIREMENT OF CONDITION #15 FOR ROCKY POINT ROAD ON TENTATIVE PARCEL MAP TPM 06-13 (WILLIAM SITTMAN) WHEREAS, the Board of Supervisors has considered the appeal on the exception request of condition #15 for Rocky Paint Raad on Tentative Parcel Map TPM 06-13 by the applicant, William Sittman, in accordance with Chapter 20; Subdivisions, of the Butte County Code on Assessor's Parcel Number 071-300-002; and WHEREAS, said map was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and UVHEREAS, the inclusion of condition #15 in approval of said map by the Planning Commission on February 28, 2008, was appealed in a timely manner and with the appropriate fees; and WHEREAS, a duly noticed public hearing was held on Apri122, 2008 and May 20, 2008; and WHEREAS, the Board of Supervisors has considered public comments, reports from the Planning Division, memorandum from the Public Works Department, the recommendation from the Planning Commission, the appeal letter on record, and the memorandum dated May 1, 2008 from Cal FirelButte County Fire Department: NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: I. Grants the appeal and approves the exception request to delete the requirement of road improvement standard RS-8 LD-1 for Rocky Point Road. A. That there are special circumstances or conditions of topography or size or shape ar location ar existing development affecting the property, which existed at the time the application for the tentative parcel map was determined or deemed to be complete. i. Existing improvements, including retaining walls, power poles and underground power lines, along Rocky Point Road makes widening the road impractical. ii. The existing topography along Rocky Point Road is very steep and would require extensive cut and fill grading to widen the road. iii. Rocky Point Road was improved by area residents, who paved a previously graveled road. Widening the road with gravel would increase deterioration of the existing paved portion, since the expanded portion would only have to be graveled, not paved. B. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. i. The impravernent of Quail Point Lane to County Improvement Standard RS-8 LD-I will improve the safety for ingress and egress for residents on Quail Point Lane. ii The paving of Rack Point Road by area residents made the use of Rocky Point Road from Enterprise Road to Quail Point safer to traverse. iii. On whole, the improvement of Quail Paint Lane for one only one additional lot represents a net gain in fire safety. iv. The proposed parcel map provides a turn around and staging area far the use of fire personnel and equipment. II. Recognizes that the applicant withdrew the exception request to the road improvement requirement of condition #15 for Quail Paint Lane. DULY PASSED AND ADOPTED this 20th day of May 2008, by the following vote: AYES: Supervisors Connelly, Yamaguchi, Kirk, and Chair Josiassen NOES: None ABSENT: Supervisor Dolan ABSTAIN: None ATTEST: C. BRIAN HADDIX, and Clerk of th~oart By: Administrative Officer CUR JOSIASSEN, Chair County Board of Supervisors