HomeMy WebLinkAbout09-033Resolution
RESOLUTION OF THE BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
DENYING THE APPEAL AND APPROVING
TENTATIVE PARCEL MAP TPMOS-0002 (JANICE EGAN}
SUBJECT TO MODIFIED CONDITIONS OF APPROVAL
WHEREAS, the Board of Supervisors has considered an appeal of the Planning
Commission's approval of Tentative Parcel Map OS-0002 by John & Kathy Dahlgren and Phillip
& Peggy Prott, in accordance with Chapter 20, Subdivisions, of the Butte County Code on
Assessor's Parcel Number 442-160-080; and
WHEREAS, said Tentative Parcel Map was referred to various affected public agencies,
County departments, and referral agencies for review and comments; and
WHEREAS, the Planning Commission approved TPM08-0002 on December 11, 2008 at
a duly notice public hearing; and
WHEREAS, the appeal of the December 11, 2008 PIanning Commission action, was
filed in a timely manner and with the appropriate fees; and
WHEREAS, a duly noticed public hearing before the Board of Supervisors was held on
March 3, 2009; and
WHEREAS, the Board of Supervisors has considered public comments, reports from the
Planning Division, the. recommendation from the Planning Commission, and the appeal letter on
record.
NOW, THEREFORE, BE 1T RESOLVED that the Board of Supervisors:
T. Denies the appeal by John & Kathy Dahlgren and Phillip & Peggy Prott of
TPM08-0002, based on the following findings:
A. The west side of the parcel does not have the adequate space to
accommodate the 20 ft easement.
B. The initial study included a mitigation (#1) that will require lighting, both
exterior and interior, to be designed and located so as to confine the light
to the premises.
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C. The initial study included a mitigation (#2} that addresses dust during
construction. The access drive requires the minimum improvement of
sixteen {16) feet of gravel roadway with an SC-250 prime coat, which will
reduce dust generation.
D. The project site is actually at a lower elevation (approximately 1-foot
lower) than the appellant's properties. The initial study/mitigated negative
declaration indentified the potential soil erosion in the project area, and on
the project site, as "none".
E. The initial study included a mitigation (#4) that deals with construction
noise by restricting the time and days that construction can occur. One
additional dwelling, will be substantially similar to surrounding residential
development, and generate noise levels similar to the surrounding
residential development.
F. A deed restriction by the owner will be recorded that limits future
development of parcel 2 to a single-story dwelling. A condition of
approval has been added to require a note on the map referencing the deed
restriction.
G. A landscape buffer will provide additional privacy between the access
drive and the adjacent parcels. A condition of approval has been added to
require the landscape buffer.
H. The access drive will he improved to a higher standard than the required
sixteen {l6) feet of gravel roadway with an SC-2S0 prime coat minimum.
A condition of approval has been added to require the additional level of
improvement.
II. 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
enviromnental effects and included mitigation measures that would
mitigate such effects below significant levels.
B. The Planning Commission has considered the Mitigated Negative
Declaration, together with comments received during the review process.
C. On the basis of the whole record before the Planning Commission,
including the Initial Study and any comments received, there is no
substantial evidence that the Tentative Parcel Map (Planning Division File
No. TPM08-0002}, would have a significant impact 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 Mitigated Negative Declaration reflects the independent judgment and
analysis of Butte County, which is the Lead Agency.
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III. Finds that the collection of fees pursuant to Fish and Game Code Section 711.4
and i4 CCR 753.5 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 the 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)).
N. Grants the following exception requests, pursuant to Butte County Code Chapter
20-4 and making associated findings; as follows:
A. An exception to the 10-foot building setback requirement in BCC 20-136,
which states "There shall be a building-free setback of ten (10) feet,
measured from the edge of the easement, unless the zoning district in
which the property lies requires a greater setback." The existing detached
garage is located 7.27-feet from the proposed easement.
(a) Existing development (detached garage) existed at the time the
application for the map was deemed complete.
(b) The SR % zoning classification has a side yard setback of S feet. The
detached garage, which is located over seven feet from the proposed
easement, will not be detrimental to the public welfare ar injurious to
other property in the territory.
(c) The Planning Commission granted the exception request.
B. An exception to frontage improvements required by County Improvement
Standard Section 9.01-2, which requires a %+12' road section with curb,
gutter, and sidewalk along the entire parcel frontage built to RS-2B.
(a) There are no curb gutter, or sidewalks on Bidwell Avenue, from West
Sacramento Avenue to Dak Lawn Avenue, a distance of 1.3f miles.
Based on current zoning and existing parcel sizes, it is unlikely there will
be a significant number of parcel maps on Bidwell Avenue in the future,
requiring the installation of curb, gutter, and sidewalk. Curb, gutter,
and sidewalk a distance of .1601 feet along a 1.3 mile stretch does not
create cohesive, orderly development.
(b) Bidwell Avenue has been recently chip sealed along the parcel
frontage.
(c) Granting of the exception will not create a safety hazard. The
exception will not be detrimental to the public welfare or injurious to
other property in the territory.
(d) The Planning Commission granted the exception request.
C. An exception to the use of the easement in BCC 20-136 (2), which states
"The easement shall serve only one (l) single-family dwelling." The
exception would allow for two single-family dwellings to use the easement.
(a) To protect the aesthetic character of the area by reducing the number of
trees and landscaping that would have to be removed.
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(b) Ta improve safety for vehicle travel along Bidwell Avenue by not
allowing an additional ingress/egress point along Bidwell Avenue.
(c) An additional condition of approval (# 9) is required to trim back
existing vegetation to provide additional stopping site distance for
vehicles traveling on Bidwell Avenue
D. An exception to the easement length requirement in BCC 20-136 (4}, which
states "Maximum length of the easement shall be no mare than two
hundred (200} feet."
(a) To protect the aesthetic character of the area by reducing the number of
trees and landscaping that would have to be removed.
(b) A longer access easement will not be detrimental to the public welfare
or injurious to other property in the project vicinity. By allowing the
easement to be langer than 200 feet, there will be less visual impact to
the surrounding parcels.
V. Approves Tentative Pazcel Map TPMOS-0002 for 7anice Egan, subject to the
conditions found in Exhibit "A", including new condition #5 and the following
findings:
A. The proposed map is consistent with the following Butte County General
Plan Goals and Policies:
1.7.a Encourage annexation to existing cities and existing districts.
The applicant will obtain an extension of service into the City of
Chico Sewer District for sewer service.
1.7.c Encourage development in and around existing communities with
public facilities.
The site is located in the Chica Urban Area and is within the
Sphere oflnfluence.
2.S.a Evaluate carefully the air pollution potential of all development
plans and proposals.
Impacts to air quality were analyzed in the CEQA Mitigated
Negative Declaration recommended for adoption. With the
proposed Mitigation Measure #2 (Construction-related dust
mitigation), no adverse impacts were identified.
7.1.b. Guide development to areas with adequate fire protection services.
The project is located within a Local Responsibility Area (LRA).
The project site is not at risk of wildfires because of the intense
agricultural and residential uses in the project area. The nearest
fire hydrant is located 1,780 feet east of the project site, according
to the tentative map submitted by the applicant. The nearest fire
station (Fire Station 6, City of Chica) is located .1.251 miles north
of the site at 2544 Hwy 32. The nearest Cal-Fire/Butte County fire
station is located 4.75 miles southeast (Fair Street) of the site.
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Conditions of Approval for fire protection will ensure adequate
fire protection.
B. Except as noted above as exception requests, the design and improvements
of the proposed subdivision are consistent with County standards and
policies provided all conditions of project approval are complied with.
C. The project is physically suitable for the use and density of the proposed
development because its density and residential use are consistent with
local zoning, proximity to public and commercial services, and the natural
characteristics of the project site.
D. The design and improvements of the project will not cause public health or
safety problems because the project site does not contain any physical
characteristics that could cause health or safety concerns with the required
mittigations and conditions.
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 subdivision provided the attached conditions
are met.
F. The project site is not located within an earthquake fault zone.
G. The site is located in Flood Zone "X", outside the 500-year flood zone
(FEMA Map Ob007C0485 C, 3une $, 1998).
H. The granting of the four exception requests will not be detrimental to the
public welfare or injurious to other property in the territory.
I. 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.
r. The project is consistent with the Low Density Residential General Plan
land use designation and Suburban Residential zoning classification.
K. The project would not cause a significant impact to any residential or
agricultural areas adjacent to the project site.
L. The roads in the project area have the capacity to handle the vehicular
traffic generated by the project because the increase would be negligible
and local roads are not congested.
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DULY PASSED AND ADOPTED this 3rd day of March, 2009, by the following vote:
AYES: Super~aisors Connell., ~einbert and Xamaguchi
NOES: Superv~sora Dolan and Kzrk
ABSENT: None
ABSTAIN: None
Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
G
an
B~
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EXHIBIT A
Tentative Parcel Map for .Tanice Egan on APN 042-160-080; File No. TPM08-0002:
Tentative Parcel Map to divide a 1.37 acre parcel into two parcels, one O.d6~ net acres (0.83
gross acres) and one 0.54E acres in size. The zoning designation is SR'h (Suburban Residential, '/a
acre minimum parcel size) and the General Plan land use designation is LDR (Low Density
Residential}.
I. CONDITIONS OF APPROVAL:
Planning_Division.
1. Mitigation Measure #1:
All lighting, exterior and interior, shall be designed and located so as to confine direct
Iighting 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: This mitigation shall be placed as a condition of the map, and on all
building permit and site development plans.
Tuning: 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:
The following measures shall apply to all development activities on the project site.
Additionally, a note shall be placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet that states: "Dust generated by the
development activities shall be kept to a minimum and retained on-site. Follow the air
quality control measures listed below:
Control Dust
a. During clearing, grading, earth moving, excavation, or transportation of cut or fill
materials, water trucks or sprinkler systems aze 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 l5 miles per hour.
c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil
binders to prevent dust generation.
d. On-site construction vehicles shall be Iimited to a speed of l S mph on unpaved roads.
e. Haul vehicles transporting soil into or out of the property shall be covered.
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f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if
dirt or mud from the project site has been tracked onto these roadways, unless conditions
warrant a greater frequency.
g. Other measures may be required as determined appropriate by the BCAQMD or
Department of Public Works in order to control dust.
Post Contact Information
h. 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).
Other Construction Practices
i. Maintain all construction equipment in proper tune according to manufacturer's
specification.
j. Where feasible, give preference to utilizing the following equipment:
• Electric equipment
• Substitute gasoline-powered for diesel-powered equipment
• Alternatively fueled construction equipment on site such as compressed natural gas
{CNG), liquid natural gas (LNG), propane, or biadiesel.
• Equipment that has Caterpillar pre-chamber diesel engines, as practical.
• Diesel construction equipment meeting the CARB's 1996 or newer certification standard
for off road heavy-duty diesel engines.
k. Construction workers shall park in designated parking areas} to help reduce dust
emissions."
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 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.
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 stating: "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. Should
human skeletal remains be encountered, State law requires immediate notification of the
County Coroner. Should the County Coroner determine that such resources are in an
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archaeological context, the Native American Heritage Commission in Sacramento shall be
notified immediately, pursuant to State law, to arrange for Native American participation in
determizung the disposition of such remains.
Plan Requirements: This note shall be placed 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.
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.
4. Mitigation Measure #4:
Place the following note on a separate document which is to be recorded concurrently with
the map or on an additional map sheet that states:. "To reduce construction-generated noise
the developer shall implement the following measures to mitigate construction noise
throughout all constntction periods:
1. Limit construction activity to daytime hours {7:00 a.m. to 5:00 p.m.} with no
construction activity on Sundays or holidays;
2. Use best available noise suppression devices and properly maintain and muffle diesel
engine-driven construction equipment;
3. Construction equipment shall not be idled for long periods of time;
4. Locate stationary equipment as far as possible from sensitive receptors;
S. Designate a Disturbance Coordinator and post the name and phone number of this
person conspicuously at the entrance(s) to the project site so it is clearly visible to
nearby residents most likely to be affected by construction noise. This person would
manage complaints resulting from construction noise. The Disturbance Coordinator
shall contact noise sensitive receptors and advise them of the schedule of construction."
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: The mitigation shall be applicable during all construction activities.
Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring
compliance with this mitigation and shall respond to all complaints of noise. Department of
Development Services shall investigate all complaints of excess construction-related noise.
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S. Prior to recordation of the map, obtain an extension of sewer service into the City of Chico
Sewer Service Area, which requires approval by the Local Agency Formation Commission
(LAFCo}.
6. Place a note on the additional map sheet that states "A deed restriction has been recorded on
parcel 2 that limits the residential dwelling to a single-story."
7. For additional privacy, provide a landscape buffer between the access drive and the adjacent
parcels, where the access easement is adjacent to neighboring parcels.
Public Works
8. Prior to the recordation of the parcel map, demonstrate to the Department of Public Works
that there is approved access conforming to county code to each pazcel from a publicly
maintained road.
9. Prior to or concurrently with the recordation of the pazcel map, deed to Butte County in fee
simple 30 feet of right-of--way from each side of the physical centerline of Bidwell Avenue
along the entire property frontage. The right~of way shall be sufficient for the installation of
county improvement standard S-S at all street intersections.
10. Prior to the recordation of the parcel map, trim back vegetation along Bidwell Avenue to
provide adequate stopping site distance.
11. Construct access to parcel 2 to a higher standard than required per Butte County Code 20-
136. Minimum standard shall be either 1-1/2" of type B Asphalt Concrete, 3/a" maximum
medium grading or 4'' Portland Cerrient Concrete. Submit design to the Department of
Public Works for review and approval prior to construction. 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 rnap stating: "In accordance with
Civil Code Section 845, maintenance of the access road as shown hereon shall be shared by
those properties with a legal interest in it."
12. 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. The drainage plans shall
detail existing drainage conditions and shall specify how drainage waters shall be detained or
retained onsite andl or conveyed 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 or facility. if storm drainage facilities serve new public roads, the developer
must complete the formation of a county service area (CSA), zone of benefit within a
permanent road division (PRD}, or other Department of Public Works approved entity prior
to recordation of the map. The formation process will require the developer to fund the
service until the beginning of the first fiscal yeaz in which service charges can be collected
and agree to an annual maximum service charge to ensure continued operation of the
facilities.
1.3. 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. Zf a construction storm water
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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)."
14. Show all easements of record on the parcel map.
15. 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.
16. Pay the recording fees in effect at the time the parcel map and related documents are
recorded.
Butte County Fixe/Cal-Fire
17. Construction, installation or development of buildings and/or roads, driveways, gates and
bridges on parcels/lots shall comply with the latest Butte County lmprovement Standards.
18. Place a note on a separate document and recorded concurrently with the Parcel, Final map or
an additional map sheet stating that "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 or, as amended by code, to the
satisfaction of the Fire Chie£
19. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall
be made into the Battalion 4 hydrant fund at the current rate per lineal foot of street frontage.
Must be within 1000' of a fire hydrant.
20. Prior to building construction, provide an all 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
21. The existing dwelling on Parcel 1 must be connected to the City of Chico Sewer System.
22. The existing septic tank must be destroyed under permit issued by Butte County
Environmental Health.
23. Place a note on the additional map sheet that states that Parcel 2 must be connected to the
City of Chico Sewer System, upon being developed.
24. Place a note on the additional map sheet that the undeveloped parcel will be served by an
individual well.
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Processin Fees
25. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees.
County Counsel
26. 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. NOTATYON
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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