HomeMy WebLinkAbout09-153Resolution
RESOLUTION OF THE BOARD OF SUPERVISORS,
COUNTY OF BUTTE, STATE OF CALIFORNIA
GRANTING THE APPEAL REGARDING CONDITION #19 IMPOSED BY THE
PLANNING COMMISSION ON TENTATIVE SUBDIVISION MAP OS-0007,
(Mead Brothers Partnership)
WHEREAS, the Board of Supervisors has considered an appeal of Public Works
Condition of Approval #19 of approved Tentative Subdivision Map 08-0007, which
divides +/-3.13 -acre APN 039-260-060 into three (3) one-acre minimum parcels and +/-
127-acre APN 039-260-058 into three {3} 40-acre minimum parcels; and
WHEREAS, conditionally approved Tentative Subdivision Map TSM08-0007 is
located within the Durham-Dayton-Nelson (D2N) Planning Area adopted by resolution
79-222 on October 30, 1979; and
WHEREAS, the Durham-Dayton-Nelson Planning Area requires urban standards
for developments of less than one (1) acre; and
WHEREAS, the inclusion of condition #19 in approval of TSM08-0007 by the
Planning Commission on August 27, 2009 was appealed in a timely manner and with the
appropriate fees; and
WHEREAS, a duly noticed public hearing of the Board of Supervisors was held
on October 13, 2009; and
WHEREAS, the Board of Supervisors has considered public comments, and a
report from the Planning Division, memorandum from the Public Works Department, the
recommendation from the Planning Commission and the appeal letter on record.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors:
I. Grants the appeal to modify Public Works Condition of Approval #19 on
Tentative Subdivision Map TSM08-0007, and amends Condition of Approval #I9
to read as follows:
Prior to the recordation of the final map, construct or provide a
performance bond and labor and material bond for the
construction of a %+ 12' street section on Reinemer Road to an
RS-3B county improvement standard excluding rolled curb, gutter,
and sidewalk, 3 "AC, 8 "AB, prime coat, fog seal and 95 % relative
compaction. Submit design to the Land Development Division for
approval prior to construction. "R" value determination and
other data may be required to support the section design. Form a
zone of benefit or other approved maintenance entity within the
county's permanent road division for operation and maintenance
of street and storm drain facilities.
The granting of this appeal is subject to the following findings:
A. 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 parcel rnap, was determined or
deemed to be complete.
There are currently no curb, gutter and sidewalk road frontage
improvements in or near the general vicinity of the project.
B. Requiring RS-3B county improvement standard for the development
of the three lots of TSMOS-0007 on APN 039-260-060 would
adequately ensure that such development will not be detrimental to
public health or injurious to other properties in the territory in which
the property is situated.
C. Given the ambiguity in applying the Durham -Dayton -Nelson
Planning Area, Urban Reserve Policy (D2N) the Public Works
Department does not object to an exception to the urban improvements
required by the D2N plan regarding this appeal.
DULY PASSED AND ADOFTED this 13th day of October, 2009, by the
following vote:
AYES: Supervisozs Dolan, Kz.rk, Lambert, Yamaguchi, and Chair ConnelYy
NOES: None
ABSENT: None
ABSTAIN: None
~~
Bill Connelly, Chair
Butte County Board o~
Supervisors
ATTEST: