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HomeMy WebLinkAbout09-127RESOLUTION No. RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF BUTTE, STATE OF CALIFORNIA GRANTING THE APPEAL FROM APPLICANTS GLEN & ANNETTE SURGE OF THE PLANNING COMMISSION'S CONDITION OF APPROVAL #9 ON TENTATIVE PARCEL MAP 07-0008, REQUIRING IMPROVEMENTS TO ACCESS ROADS BETWEEN THE PARCEL AND A COUNTY MAINTAINED ROAD. WHEREAS, the Board of Supervisors has considered an appeal of condition #9 of Tentative Parcel Map 07-0008, which divides an approximately 13.5-acre parcel, zoned M-R, into two parcels of 8.5 and 5 acres in size, on Assessor's Parcel Number 072-410-016; and WHEREAS, Condition #9 required the improvement of Fire Camp Road, Sandra Lane and Shirley Lane to the parcel being divided, to RS-$ LD-1 County Improvement Standard; and WHEREAS, the inclusion of condition #9 in approval of said map by the Planning Commission on January 29, 2009, was appealed by applicants Glen And Annette Burge in a timely manner and with the appropriate fees; and WHEREAS, a duly noticed public hearing was held on Apri121, 2009; and WHEREAS, the Board of Supervisors has considered public comments, and a report from the Planning Division, memorandum from the Public Works Department and Cal FirelButte County Fire, the recarnmendation from the Planning Commission and the. appeal letter on record; and WHEREAS, the Board passed a motion of intent directing staff' to prepare this final resolution. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: I. Grants the applicant's appeal to amend Planning Commission's Condition #9 of approved Tentative Parcel Map TPM07-0008, pursuant to the fallowing amended Condition of Approval and findings: A. The following condition of approval shall replace Condition #9 as referenced above: Prior to recordation of the Parcel Map construct turnouts in conformance with PRC 4290 where the road narrows and a cul-de-sac at the end of the road to ensure a fire truck can turn around. B. There is a special condition of topography affecting the property, which existed at the time the application for the parcel map was determined or deemed to be complete, which justifies the above amendment of map Condition of Approval #9. 1. Fire Camp Road, providing access to the east portion of the parcel, is appraximately 0.7-mile in length. The road is graded gravelldirt, and averages appraximately 12-feet to 14-feet wide. Several portions of Fire Camp Road within 0.25-mile of Black Bart Road are approximately 8-feet to 12-feet wide; the amended condition of approval above requiring construction of turnouts in conformance with PRC 4290 where the road narrows and a cul-de-sac at the end of the road to ensure a fire truck can turn around is determined to adequately serve public purposes. 2. Sandra Lane and Shirley Lane, providing access to the western side of the parcel in combination with a portion of Fire Camp Raad, are approximately 0.7-mile in total length. Sandra Lane and Shirley Lane are approximately 0.25-mile in length. Sandra Lane and Shirley Lane are graded gravel/dirt, and averages approximately 12-feet to 14-feet wide; the amended condition of approval above requiring construction of turnouts in conformance with PRC 4290 where the road narrows and a cul-de-sac at the end of the road to ensure a fire truck can turn around is determined to adequately serve public purposes. C. Amended Condition of Approval #9 above for road improvements is adequate to ensure traffic safety and orderly development. D. That the granting of the exception will not be detrimental to public health or injurious to other properties in the territory in which the property is situated. DULY PASSED AND ADOPTED this 11th day of August, 2009, by the following vote: AYES: Supervisors Dolan, dirk, Lamberti, Yamaguchi, and Chair Conne~,J.y NOES: None ABSENT: None ABSTAIN: None Sill Connelly, Chair Butte County Board of Supervisors