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HomeMy WebLinkAbout08-076RESOLUTION OF THE BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA GRANTING IN PART AND DENYING IN PART THE APPLICANT'S APPEAL, GRANTING IN PART AND DENYING IN FART A SECOND APPEAL BY THE COLEMANS, ADOPTING A MITIGATED NEGATIVE DECLARATION, AND APPROVING TENTATIVE PARCEL MAP 06-0020 (Steven St. Cin) WITH FINDINGS AND CONDITIONS WHEREAS, the Board of Supervisors has considered an appeal of the exception request of conditions 8 and 9 on Tentative Parcel Map TPMOb-0020 by the applicant, Steven St. Cin (first appeal), in accordance with Chapter 20; Subdivisions, of the Butte County Code on Assessor's Parcel Number 043-694-007; and WHEREAS, the Board of Supervisors has considered an appeal of the project's approval by Larry and Sarah Coleman (second appeal) based on leach field exclusion areas, groundwater quality, and adequate access easement; and WHEREAS, said map was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, both appeals on February 28, 200$ Planning Commission actions, were received in a timely manner and with the appropriate fees; and WHEREAS, a duly noticed public hearing was held an April 22, 2008 and June 10, 2008; and WHEREAS, the Board of Supervisors has considered public comments, reports from the Planning Division and Public Works Department, the recommendation from the Planning Commission, and the appeal letters on record: NOW, T'I~REFORE, BE IT RESOLVED that the Board of Supervisors: I. Grants in part the first appeal, by allowing modified road standards, as follows: Grants the exception request to delete the requirement of obtaining a fifty foot (50') minimum street easement on Webb Avenue, as specified in Butte County Code section 20-134, because the project incorporates an existing forty five foot (45') right-of--way that is adequate to serve the project. A. That there are special circumstances or conditions of topography or size or shape or location or 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. A forty-five foot (4S') easement currently exists along Webb Avenue. ii. The number of existing parcels (nine or ten} and the additional parcel proposed through the project site do not necessitate obtaining the fifty foot (SO'} minimum easement width. At maximum, there would be an additional dwelling located along Webb Avenue, because of the sewage disposal limitations of the Chico Urban Area Nitrate Compliance Flan. iii. Further subdivision of the parcels that utilize Webb Avenue for access is not feasible, because the parcels are below two acres in size. A minimum of two acres is necessary, in order to subdivide within the SR-1 (Suburban Residential, one acre minimum) zone. iv. The parcel is located within the Chico Urban Area Nitrate Compliance Pian. The plan limits the total amount of effluerrt that can be released per day to 334 gallons per parcel. The Environmental Health Division has incorporated a condition of approval to limit each resultant parcel to one single family dwelling, unless sewer is provided (see condition of approval #20). 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. A reduced right-of--way width is nat a safety concern due to the limited number of parcels utilizing Webb Avenue; necessary road improvements can be located within the existing easement. ii The limited scope of the project does not necessitate a fifty foot (SO') easement to protect the public welfare. The construction of an additional dwelling that gains access via Webb Avenue, resulting from the project, will not be injuri©us to other property owners along Webb Avenue. iii. Exception to the easement width requirements will cause no safety concerns to the public and will have no affect on other property owners along Webb Avenue. 2. Grants the exception request to omit curb, gutter, and sidewalk from the frontage improvements on Webb Avenue, allow a 26' improvement width, instead of the 32' standard, and further allow a double chip seal of the existing road, instead of widening and reconstruction to a 24' paved width, from the project frontage to Rose Avenue, as described in condition of approval #7 hereto. A. That there are special circumstances or conditions of topography or size or shape or location or 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. Further subdivision of the parcels that utilize Webb Avenue far access is not feasible, because the parcels are below two acres in size. A minimum of two acres is necessary, in order to subdivide within the SR-1 (Suburban Residential, one acre minimum) zone. ii. Curb, gutter and sidewalk are not currently located within 500 feet of the project site. Additionally, the project area is largely built out. Therefore, curb, gutter and sidewalk at this location would provide an insignificant and disconnected improvement that is not desirable or warranted. iii. The subject property is located at the end of Webb Avenue. iv. The addition of one additional lot along Webb Avenue does not warrant the reconstruction of that roadway. v. Improvement of Webb Avenue with a double chip seal rather than typical structural section is an improvement over existing conditions and is appropriate given the small scale of the project and limited future development potential for Webb Avenue. B. That the granting of the exception will not be detrimental to the public welfare or injurious to other properties in the territory in which the property is situated. i The limited scope of the project does not necessitate full road improvements to protect the public welfare. The construction of an additional dwelling that gains access via Webb Avenue, resulting from the project, will not be injurious to other property owners along Webb Avenue. ii. Curb, gutter and sidewalk are not required for the protection of health, safety ar welfare at this location. iii. Exception to the easement width requirements will cause no safety concerns to the public and will have no affect on other property owners along Webb Avenue. iv. A double chip seal will improve Webb Avenue; future use of the roadway from one single family lot will not cause substantial wear an the roadway. II. Denies in part the first appeal,. specifically the exception request to delete onsite drainage improvement requirements (condition of approval #8). A. There are not special circumstances or conditions of topography or size or shape or location or existing development affecting the property, which existed at the time the application for the parcel map, was determined or deemed to be complete. The installation of drainage improvements would not affect existing development. Some trimming and disruption of the trees along the Webb Avenue frontage would occur; however, removal of substantial landscaping would not be required. ii. Drainage improvements along the Webb Avenue frontage would be appropriate to ensure there is not hastened pavement deterioration. B. That the granting of the exception will be detrimental to public health or injurious to other properties in the territory in which the property is situated. i. Drainage improvements along the Webb Avenue frontage and the access road to Parcel fare necessary for appropriate treatment of storm drainage. ii. Drainage requirements are appropriate for traffic safety and orderly development. The drainage improvements would include the Webb Avenue frontage, the access road to Parcel 1 and the intersection of Webb Avenue and Rose Avenue. III. Grants in part the second appeal, specifically regarding the leach field exclusion area extending onto parcel 043-690-O1S. A. Pursuant to a revised site design, the leach field exclusion area extending onto parcel 043-690-O1S has been eliminated by the revised tentative map submitted on May 7, 2008. The well being proposed on Parcel 2 and resulting leach field setback area is contained entirely within the parcel boundaries. i. Owners of parcel 043-690-O1S have indicated they do not wish to grant a leach field free encroachment area on their property to benefit the proposed project. ii. The proposed land division can be achieved without the leach field free area encroaching onto adjacent property. iii. The re-location of the proposed well on parcel 043-690-007 no longer results in an encroachment of leach field setback area onto any surrounding parcels. IV. Denies in part the second appeal, namely finds that the project will have no impact on existing septic systems and water wells in the area, and that adequate access is available for anticipated development within the Webb Avenue area. A. The density of the project, located within the Chico Urban Area Nitrate Compliance Plan, will not further impact ground water quality in the project area. i. As determined by a site inspection by Environmental Health, the existing improvements located on proposed Parcel 1 comply with the specifications of the Chico Urban Area Nitrate Compliance Plan. The Environmental Health Division performed a site visit to verify on May S, 2007. ii. There would not be a significant affect on nitrate levels in the project area by septic systems serving the existing dwelling on proposed Parcel 1 or a future dwelling on proposed Parcel 2, bath one acre parcels. A condition of approval limits each resultant parcel to a single family dwelling, unless sewer is provided (see Condition #20). iii. Nitrate monitoring, in accordance with the Chico Urban Area Nitrate Compliance Plan, has historically identified that nitrate concentrations in shallow groundwater in the project area comply with standards for public drinking water supplies. B. Adequate access exists for development within the Webb Avenue area, because the existing forty five foot (4S'}rlght-of--way is adequate to serve the project. i. A reduced right-of--way width is not a safety concern due to the limited number of parcels utilizing Webb Avenue; full road improvements can be located within aforty-five foot (45') easement. ii. The number of existing parcels (nine ar ten) and the additional parcel proposed through this application does not necessitate obtaining the fifty foot (50') minimum easement width. At maximum, there would be an additional dwelling located along Webb Avenue, because of the sewage disposal limitations of the Chico Urban Area Nitrate Compliance Plan. IV. V iii. Further subdivision of the parcels that utilize Webb Avenue for access is not feasible, because the parcels are below two acres in size. A minimum of two acres is necessary, in order to subdivide within the SR-1 (Suburban Residential, one acre minimum) zone. Adopts 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 significant levels; a mitigated negative declaration is adopted. B. The Board of Supervisors has considered the adopted initial studyfmitigated 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 Steve and Sheila St. Cin, Flanning Division File No. TPM06-0020, 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 adapted mitigated negative declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The Board of Supervisors finds the collection of fees pursuant to Fish and Game Cade 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 ar final and any local permits issued far the project will be invalid (Section 711.4 (c) (3)). Approves Tentative Parcel Map 06-0020 far Steve and Sheila St. Cin, subject to the conditions found in Exhibit "A" and the following findings: A. The revised tentative map, submitted on May 7, 2008, is consistent with the SR-1 and the Low Density Residential General Plan land use designation. B. The proposed map is consistent with the fallowing 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 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. E. The project site is not located within an earthquake fault zone or a 100-year flood zone. F. 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. DULY PASSED AND ADOPTED this 10th day of June, 2008, by the following vote: AYES: Supervisors Connelly, Dolan, Yamaguchi, Kirk, and Chair Josiassen NOES: None ABSENT: None ABSTAIN: None CUR JOSIASSEN, Chair e County Board of Supervisors By: EXHIBIT A Tentative Parcel Map for Steve & Sheila St. Cin on APN 043-690-007, File # TPM06-0020: a Tentative Parcel Map to divide a 2 acre parcel zoned SR-1 (Suburban Residential, one acre minimum) into 2 one acre parcels, served by individual sewage disposal systems and wells. I. CONDITIONS OF APPROVAL: Planning Division Mitigation Measure 1: A11 lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light 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: This mitigation shall be placed as a condition of the Parcel Map, and on ail building permit and site development plans. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the 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. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, andlar 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 an 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 sail 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. f 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 an a separate document which is to be recorded concurrently with the map or an 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 an 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. 3. Mitigation Measure 3: Place a note on a sepazate document which is to be recorded concurrently with the map or on an additional rnap 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 fifty feet (50') 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 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 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. Public Works STREETS 4. 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." 5. Prior to recordation of the Parcel Map, provide street name sign per requirements of the Department of Public Works. 6. 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 Gode Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them." 7. Frior to recordation of the Parcel Map, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on Webb Avenue to County Improvement Standards. Improve parcel 2 frontage to a 'fs+ 12' street section (26' wide paved section) on Webb Avenue to an RS-3B road standard with 2" AC, and 8" AB, prime coat, fog seal and 95 % relative compaction and double chip seal or overlay, with llfz" AC, Webb Avenue from Rose Avenue to parcel being divided. Construct, or provide a performance bond and labor and material bond for the construction prior to recordation of the Parcel Map 8. Prior to the recordation of the ParceilFinal Map, obtain an encroachment permit and construct a road approach similar to the attached Conceptual Drainage Plan from RAR dated May 2008, minimum 24' paved road width on Webb Avenue. Adequate sight distance at the intersection of Webb Avenue and Rose Avenue shall be provided. Right- of-way required for construction of road approach and roadside drainage shall be provided. 9. Construct access to lot 1 per Butte County Code 20-136: Submit design to the Department of Public Works far review and approval prior to construction. DRAINAGE 10. Priar 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. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on- site andl ar conveyed to the nearest natural ar publicly maintained drainage channel or facility and shall provide that there shall be na increase in the peak flow runoff to said channel or facility. If storm drainage facilities serve new public roads, the developer must complete the formation of a County Service Area (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 service charges can be collected for the CSA, and agree to an annual maximum service charge to ensure continued operation of the facilities. 11. Prior to recordation of the Parcel Map, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Cade §26-25. Show an the additional map sheet the elevations {by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929} benchmark and a temporary benchmark on-site. 12. 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 mare 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 fats may require an additional permit(s)." PARCEL MAP 13. Show all easements of record on the Parcel Map. 14. 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. 15. Pay the recording fees in effect at the time the Parcel Map and related documents are recorded. Butte County FirelCalifornia Department of Forestry 16. Mitigation Measure 4: Place a note on a separate document which is to be recorded concurrently with the map or an 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: The note shall be 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. Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. Monitoring: The 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 an an additional map sheet. Building Division plan checkers shall ensure that the building plans for residential structures include irrterior 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. l7. Prior to building construction, provide an ail weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 pound fire apparatus to within 150 feet of all structures. Environmental Health Division 18. Prior to parcel map approval, place a note on an additional sheet that each parcel will be provided domestic water by an individual well, that is drilled under a permit issued by BCEH, and that each well must be proven to meet allowable levels of VOC's. 19. Prior to parcel map approval, place a note on an additional sheet that each parcel will be served by an individual septic system. 20. Prior to parcel map approval, place a statement of the additional sheet that each parcel must meet the requirements of the Chico Urban Area Nitrate Compliance Plan, with a maximum of 334 gallons of sewage effluent per parcel per day, and that each parcel is limited to one single-family dwelling, until public sewer is provided. 21. Prior to parcel map approval, show on the map the area that meets the minimum requirements of Appendix VII of the Improvement Standards. 22. Prior to parcel map approval, show on the map a 100-foot leach free setback from each existing or proposed well within and within 100' of the proposed/existing parcel boundaries. 23. Prior to parcel map approval, show on the map a 100' leach line setback from the high- water line of Little Chico Creek. 24. Prior to recordation of the map, abandon the existing septic system on the northerly parcel, under the approval of BCEH. 25. Prior to recordation of the map, destroy the existing well, under permit issued by BCEH. 26. Place a note on the additional map sheet that states: "All buildings and structures on Parcel 2 must be located within the designated 100-foot leach field free setback area, until such a time as public sewer or public water is provided, and the well is destroyed under permit." Airport Land Use Commission 27. Provide a deed notice for the sale of all resulting lots notifying purchasers of the proximity of the airport and the potential for possible noise related impacts in an ALUC- approved disclosure notice. 28. 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: "Airspace review by the Airport Land Use Commission is required for all objects over 100 feet in height." 29. Prior to the recordation of the Parcel Map record as a separate instrument an Avigation Easement granting the right of continued use of the airspace above the proposed parcels by the Ranchaero Airport and acknowledging any and all existing or potential airport operational impacts. 30. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional rnap sheet that states: "An Avigation Easement is recorded above the parcels for the Ranchaero Airport and acknowledging any and all existing or potential airport operational impacts." Processing Fees 31. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. County Counsel 32. 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.