HomeMy WebLinkAbout09-035Resolution
RESOLUTION OF THE BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
GRANTING iN PART AND DENYING IN PART AN APPEAL OF SIX CONDITIONS OF
THE PLANNING COMMISSION'S APPROVAL OF TENTATIVE PARCEL MAP
TPM 06-09 (Soh Hennigan/Bad Land Partnership)
WHEREAS, on November 13, 2008 the Butte County Planning Commission approved
Tentative Parcel Map TPM 06-09 for Bob Hennigan on Assessor's Parcel Numbers 047-130-
041, 146, 156 with findings and conditions and adopting a Mitigated Negative Declaration; and
WHEREAS, TPM 06-09 applicant Bob Hennigan appealed, in a timely manner and with
the appropriate fees in accordance with Chapter 20 Subdivisions of the Butte County Code,
Conditions of Approval 15, I7, 1 S, 20, 25 and 28 of said map, as listed in Exhibit A of Planning
Commission Resolution #08-54; and
WHEREAS, said appeal was referred to various affected public and private agencies,
County departments, and referral agencies for review and comments; and
WHEREAS, the Board of Supervisors held a duly noticed public hearing on January 27,
2009 to consider the appeal, public comments, reports from the Planning Division, a
memorandum from the Public Worlcs Department; a comment letter from Cal 1~ire/Butte County
Fire Department, the actions of the Planning Commission, and the appeal letter and its
attachments on record:
NOW, THEREFORE, BE 1T RESOLVED that the Board of Supervisors:
I. Grants the request to eliminate Condition 15.
Regarding the granting of the request above related to Condition 15, the Board Ends that:
A. The January 20, 2009 letter from Caltrans specifies that no improvements
will be required at the Highway 99 encroachment.
Zl. Grants in part the request to modify Condition 17 to also allow either a cul-de-sac or
hammerhead turnaround and defer its construction until a application for a new residence
on Parcel 3 is submitted, as follows:
Place a note on a separate document which is to be recorded concurrently
with the map or on an additional map sheet that states the following: "Prior
to issuance of a permit for a new residential structure on Parcel 3, provide
cul-de-sac or hammerhead turnaround designed near the northwest corner
of Parcel 3 and constructed as specified in the county improvement
standards.
Regarding the granting of the requested modification to Condition 17 above, the Board
finds that:
A. Neither the Public Works nor the Cal-FIRE Departments oppose this
modification.
B. The granting of this modification to Condition l7 will not be detrimental
to the public welfare or injurious to other property in the territory in which
the property is situated.
C. Deferral of construction of this improvement is reasonable since
development of a residence on Parcel 3 is additionally restricted by
Condition #2 and the restrictions of the Williamson Act contract on this
land.
ZII. Grants the request to modify Condition l8, to eliminate the wording "prior to recordation"
and instead read "prior to issuance of a permit for a new residential structure on Parcel 3"
as follows:
Place a note on a separate document which is to be recorded concurrently
with the map or on an additional map sheet that states the following: "Prior
to issuance of a permit for a new residential structure on Parcel 3, provide
approved access from Highway 99 to the northwest carver of Parcel 3.
1'mprove access road to RS 8 LD-.l or standard in effect at time of permit
application, as determined by the Department of Public Works.
Regarding the granting of the request above related to Candition 18, the Board finds that:
A. Deferral of the road improvements will not significantly affect the public
welfare and safety on the newly created parcels and other property in the
territory in which the property is situated, because development of a
residence on Parcel 3 is additionally restricted by Condition #2 and the
restrictions of the Williamson Act contract on this land.
B. The existing access road to Parcel 2 is adequate.
N. Denies the request to eliminate Condition 20.
Regarding the denial of the request above related to Condition 20, the Board finds that:
A. Parcels 3, S and 6 have a FEMA designated flood plain within the
property.
B. Butte County Code Section 26-25 (B} states that "Subdivisions and
parcel maps shall, as a condition of approval, establish regulatory
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flood elevations and note same on final map prior to recordation of the
final map.,'
C. Recording 100-year flood plain elevations concurrently with the map
provides notice to fixture buyers that the parcels are located within a
flood plain and that building restrictions apply.
D. The granting of the appeal would be detrimental to the public welfare
or injurious to other property in the territory in which the property is
situated.
V. Grants the request to modify Condition 25 replacing the words "high water line" with
"existing tap of bank" as follows:
Prior to ar concurrent with recordation of the Parcel Map, the owner will grant
and record a 30' wide easement on the west side of Rock Creek to the Rock
Creek Reclamation District, commencing at the existing top of bank of Rock
Creek for the District's continued operations and for inspection of levee
conditions throughout the year. Prior to recordation of the Parcel Map, this
easement is to be delineated on the map or on an additional map sheet.
Regarding the granting of the request above related to Condition 25, the Board finds that:
A. Staff believes that the requested modification clarif es the requirements of
the condition.
B. The granting of this modification to Condition 25 will not be detrimental
to the public welfare or injurious to other property in the territory in which
the property is situated.
VI. Grants the request to modify Condition 28 replacing the words "high water line" with
"existing top of bank" as follows:
Prior to recordation, identify on the map sheet a I00 foot leach field free setback
from the existing top of bank of the creek/perennial stream on Parcels 3, 5, and b.
Regarding the granting of the request above related to Condition 28, the Board finds that:
A. The requested modification clarifies the requirements of the condition.
B. The granting of this modification to Condition 28 will not be detrimental
to the public welfare or injurious to other property in the territory in which
the property is situated.
VII. Attached as Exhibit A is the approved list of Conditions of Approval for this project,
superseding and replacing those listed in Exhibit A of Planning Commission Resolution
#08-54, renumbering sequentially the Conditions of Approval based on the changes
approved above.
DULY PASSED AND ADOPTED this 24th day of March, 2009, by the following vote:
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AYES: Supervisors Gonne].J.y, Doian, Kirk, Lambert, Yamaguchi
NOES: None
ABSENT: None
ABSTAIN: None
Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
Gregory G. Iturria, terim Chief Administrative Officer
and Clerk of the Bo~d
By:
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EXHIBIT A
Tentative Parcel Ma for Bob Henni an on APN 047-130-04I 1.46 156 File # TPM 06-09:
An application from Bab Hennigan for a Tentative Parcel Map to divide 260 acres of land
(composed of 3 assessor's parcels) into six (b) forty (40} acre-minimum parcels.
I. CONDITIONS OF APPROVAL: (updates noted in strike-out/underline format)
Planning Division
1. Mitigation Measure #1:
Place a note on a separate document which is to be recorded concurrently with the map or
on an additional map sheet that states: "All 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 an 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 on abutting streets."
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. A11 requirements shall be
shown on building plans.
Timing: Requirements of the condition shall be adhered to throughout the use of 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. Violations of the
mitigation will be reviewed on a complaint basis.
2. Miti ation 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 the following: "new
residential development on Proposed Parcels #2, 3, 5 and 6, excluding replacement of
existing residences, is prohibited until such time as the Williamson Act contract
restricting that land is fully expired."
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.
Timing: Requirements of the condition shall be adhered to when any application
for building residential dwelling units or septic disposal systems is requested on
these parcels.
Monitoring: The Butte County Department of Development Services shall ensure that
the note shall be placed on a separate document which is to be recorded concurrently with
the rnap ar on an additional map sheet. At the time of any building permit application,
the Development Services Department will reference this note and deny applications for
residential or septic disposal uses until the Williamson Act contract restricting that land is
fully expired.
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3. Mitigation Measure # 3:
Prior to recordation of the Parcel Map, by separate application and fee to the Caunty, the
landowner must make application to simultaneously rescind the current Williamson Act
contract and enter into a new contract which documents the boundaries of the approved
tentative Parcel Map, ensuring that the parcels remain in the Williamson Act. Prior to
approval of a new Williamson Act contract, Findings 1-4 of Rule 7.B of Exhibit "A" of
Board Resolution 07- 021 regarding land divisions on Williamson Act land must be made
by the Board of Supervisors. Anew Williamson Act contract must be recorded
concurrent with recordation of the Parcel Map.
Plan Requirements: This mitigation measure shall be made a Condition of Approval of
this tentative Parcel Map. The owner will comply with submittal of the application and
fees for a new Williamson Act contract and the Department of Development Services
will process the application for action by the Board of Supervisors.
Timing: Prior to recordation of the Parcel Map.
Monitoring: The Butte County Department of Development Services shall ensure that
application for Williamson Act contract rescission and new contract is processed.
~. Mitigation Measure # 4:
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 are 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 15 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 limited to a speed of 15 mph on unpaved
roads.
e. Haul vehicles transporting soil into or out of the property shall be covered.
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.
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Post Contact Information
h. Post a publicly visible sign with the telephone number and person to contact
regazding 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 & 20S (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 biodiesel.
• Equipment that has Caterpillar pre-chamber diesel engines, as practical.
• Diesel construction equipment meeting the CARB's 1996 or newer
certif cation standard for off-road heavy-duty diesel engines.
k. Construction workers shall park in designated parking azea(s) 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.
5. Miti ation 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: "Should development 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 resources 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."
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Plan Requirements: The required note shall be placed on a sepazate document which is
to be recorded concurrently with the map or on an additional map sheet and on all
building and site development plans.
Timing: This measure shall be implemented during all site preparation and construction
activities.
Monitoring: The Department of Public Works and the Department of Development
Services shall ensure that the required note is placed on a separate document which is to
be recorded concurrently with the map or on an additional map sheet. Should cultural
resources be discovered, the Department of Development Services shall coordinate with
the developer and appropriate authorities to avoid damage to cultural resources and
determine appropriate action.
6. Mitigation Measure # b:
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 construction periods:
a. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with
no construction activity on Sundays ar holidays;
b. Use best available noise suppression devices and properly maintain and
muffle diesel engine-driven construction equipment;
c. Construction equipment shall not be left idling for long periods of time;
d. Locate stationary equipment as far as possible from sensitive receptors;
e. Designate a Disturbance Coordinator and post the name and phone
number of this person conspicuously at the entrances} 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 rnap or on an additional map sheet and shall be shown on
all site development and building plans.
Timing: The mitigation shall be applicable during alI 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.
7. Prior to recordation of the Parcel Map, the owner shall execute a declaration
acknowledging Butte County's Right-ta-Farm Ordinance pursuant to Butte County Code
Section 35-8. This note shall be recorded by the Director of the Department of
Development Services in the Office of the County Recorder upon the granting of the
development approval. A note shall be placed on a separate document which is to be
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recorded concurrently with the map or an an additional map sheet that states the full text
of the Declaration Acknowledging Right to Farm per Section 35-8.
8. Prior to recordation of the Parcel Map, a note shall be placed on a separate document
which is to be recorded concurrently with the map or an an additional map sheet stating:
"This property is known to have been used for agricultural production, including orchard
crops, far the past 100+ years. During that period, various agricultural pesticides may
have been used on the site. Please note that no determination has been made to confirm
that agricultural pesticide residues currently exist on this property. Owners should use
caution and seek appropriate technical assistance in developing residential uses on the
land."
Public Works, STREETS
9. 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 ar on an additional map sheet of the Parcel Map stating: "fin
accordance with Civil Cade Section 8~5, maintenance of the road as shown hereon shall
be shared by those properties with a legal interest in it."
10. All access rights shall be reserved by deed per county ordinance, offered for dedication,
and depicted on the Parcel Map. For each private access within the map boundary, place
the following note on the Parcel Map: "approved 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."
11. Prior to the recordation of the Parcel Map, demonstrate to the Department of Public
Works that there is an access easement conforming to county code to each parcel from a
publicly maintained road. Access to parcel 1, 4, 5 and 6 to be provided from Anita Road.
12. 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 the physical centerline of Anita Road along the
entire property frontage. The right-ofWway shall be sufficient far the installation of
county improvement standard S-5 at all street intersections.
13. Prior to recordation of the Parcel Map, provide street Warne signs per requirements of the
Department of Public Works. Street names shall be reviewed by the county address
coordinator and one name far each new street shall be recommended to the Board of
Supervisors for approval prior to recordation of the Parcel Map. A minimum of five
alternate names for each new street shall be submitted.
14. Prior to final road inspection, install all necessary traff c 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 an 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. lr~ accordance with Civil
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Code Section 845, maintenance of the traffic safety signs shall be shared by those
properties with a legal interest in them."
15. Place a note on a separate document which is to be recorded concurrently with the map or
on an additional map sheet that states the following: "Prior to issuance of a permit for a
new residential structure on Parcel 1, 4 or 5, obtain a county encroachment permit and
construct a standard S-18B road approach in accordance with county improvement
standards. Adequate sight distance at the intersection of access road and Anita Road
shall be provided."
16. Place a note on a separate document which is to be recorded concurrently with the map or
on an additional map sheet that states the following: "Prior to issuance of a permit for a
new residential structure an Pazcel 3, provide cul-de-sac or hammerhead turnaround
designed near the northwest corner of Parcel 3 and constructed as specified in the county
improvement standards.
17. Place a note an a separate document which is to be recorded concurrently with the map or
on an additional map sheet that states the following: "Prior to issuance of a permit for a
new residential structure on Parcel 3, provide approved access from Highway 99 to the
northwest corner of Parcel 3. Improve access road to RS-8 LD-1 ar standard in effect at
time of permit application, as determined by the Department of Public Works.
18. Place a note on a separate document which is to be recorded concurrently with the map or
on an additional map sheet that states the following: "Prior to issuance of a permit for a
new residential structure on Parcel 1, 4 or 5, provide approved access to each parcel from
Anita Road. Improve access roads to each parcel to RS-8 LD-I and provide a cul-de-sac
designed and constructed as specified in the county improvement standards. Prior to final
road inspection, install all necessary traffic safety signs including stop sign at Anita
Road."
Public Works, DRAINAGE
19. Prior to recordation of the Farrel Map, establish 100 year flood plain elevations and the
lowest floor elevations far any structures, in accordance with Butte County Code §2b-25.
Show on 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.
20. 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 Baard prior to construction. If a construction storm water
permit is required, place a Hate 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 are part of a larger common plan of
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development, also require a permit. Development of individual lots may require an
additional permits}."
Public Works, PARCEL MAP
21. Show all easements of record on the Parcel Map.
22. 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 $ of Chapter 4
of Division 2 of Title 7, of the California Government Code commencing with Section
66492.
23. Pay the recording fees in effect at the time the Parcel Map and related documents are
recorded.
Rock Creek Reclamation District
24. Prior to or concurrent with recordation of the Parcel Map, the owner will grant and record a
30' wide easement on the west side of Rack Creek to the Rock Creek Reclamation District,
commencing at the existing top of bank of Rock Creek for the District's continued operations
and for inspection of levee conditions throughout the year. Prior to recordation of the Parcel
Map, this easement is to be delineated on the map or on an additional map sheet.
Butte Coun Fire/California D artment of Fores
25. 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.
26. Place a note on a separate document to be recorded concurrently with the Parcel Map or an
additional map sheet stating that "Fire suppression sprinkler systems sha11 be installed in all
new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized
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
27. Prior to recordation, identify on the map sheet a 140-foot leach field free setback from each
existing well.
2$. Prior to recordation, identify on the map sheet a 100-foot leach field free setback from the
existin to of bank of the creek/perennial stream on Parcels 3, S, and 6_
Processing Fees
29. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees.
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Count Counsel
3Q. If this entire matter or any finding, action or condition of this matter is appealed to the
Board of Supervisors, the applicant or any other developer/operator other than the
applicant agrees to indemnify the County of Butte from liability ar loss related to the
approval of this project and agrees to sign an indemnification agreement in a form
approved by County Counsel before the Board's appeal hearing. If the application is not•
appealed, this condition is deemed satisfied.
II. NOTATION
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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