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HomeMy WebLinkAbout10-014A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS DENYING AN APPEAL ON THE DENIAL WITHOUT PREJUDICE OF TENTATIVE PARCEL MAP TPM09-0002 WHEREAS, the Butte County Planning Commission considered Tentative Parcel Map TPM09- 0002, on Assessor's Parcel Numbers 040-030-084 and 040-030-093 in accordance with Chapter 20, Subdivisions, of the Butte County Code, for lames Miller; and WHEREAS, the Planning Commission considered the project to be incomplete; and WHEREAS, the Planning Commission considered the project to be Statutorily Exempt under Section 15270 (a} in accardance with the California Environmental Quality Act; and WHEREAS, the Planning Camrr~ission held a duly noticed public hearing on said project on September 24, 2009; and WHEREAS, said map was referred to various affected public and private agencies, County depaxtments, and referral agencies for review and comments; and WHEREAS, the Planning Commission considered public comments and a staff report from the Planning Division; and WHEREAS, the Planning Cammission thereafter denied without prejudice the Tentative Parcel Map per Butte County Planning Cammission Resolution 09-42; and WHEREAS, an appeal from lames Millex of the Planning Commission's denial of the project on Qctober 5, 2009 was received in a timely manner and with the appropriate fees; and WHEREAS, a duly noticed public hearing of the Board of Supervisors was held on November 10, 2009 and continued open to January 12, 2010; and WHEREAS, the Board of Supervisors has considered public comments, reports from the Planning Division, the findings of Planning Commission, and the appeal letter on record. NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors: I. Finds the project is Statutorily Exempt from environmental review under CEQA Guidelines Section 15270(a}. This section states that the California Environmental Quality Act exempts projects which a public agency rejects or disapproves. li. Denies the appeal from lames Miller on the Planning Commission's September 24, 2009 denial without prejudice of Tentative Parcel Map TPM09-0002, by making the following findings of fact: A. The project is inconsistent with future extension of Speedway Avenue. The parcel map layout is not consistent with future connectivity of Speedway Avenue to Entler Avenue as adopted by the Board of Supervisors and recorded on 154 M 41, note 12, sheet 4. Right-of--way dedication for the extension of Speedway Avenue would be a condition of approval. B. Three of the proposed parcels on the tentative map, with the right-o£ way for the Speedway Avenue extension, would not meet the minimum parcel size of the zone. Staff requested a redesign of the project to show the right~of--way dedication and new lot layout showing minimum parcel size and useable sewage disposal area. The applicant has chosen not to redesign the project. C. The Butte County Department of Public Works has deemed this project as incomplete until the project is redesigned so as to show Speedway Avenue right-of--way and the right angle connection of the project's access cul-de-sac. The applicant has requested this project be taken forward to public hearing without providing the information requested, thus leaving the Board of Supervisors unable to decide this application upon its merits. DULY PASSED AND ADOPTED this 12th day of January, 2010, by the following vote: AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly NOES: None ABSENT: None ABSTAIN: NO~1e BILL CONNELLY, Chaa Board of Supervisors County of Butte, State of California ATTEST: Scar and By: