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HomeMy WebLinkAbout10-066~esolut~ion A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS DENYING THE APPEAL OF TENTATIVE PARCEL MAP TPM48-0048 WHEREAS, on February 25, 2010, the Butte County Planning Commission held a noticed public hearing, considered a report from staff, received public testimony, adapted a Mitigated Negative Declaration pursuant to the California Environmental Quality Act, and approved Tentative Parcel Map TPM08-0008 far Gard Anderson on Assessor's Parcel Number 039-060-137 with findings and conditions; and WHEREAS, on March 8, 2010, Bob & Joann Boelens and Jarald & Cindy Davidson filed a timely appeal of the Planning Commission's February 25, 2010 approval of Tentative Parcel Map TPM08-0008; and WHEREAS, on April 27, 2010, the Board of Supervisors held a noticed public hearing and considered the appeal of Tentative Parcel Map TPM08-0008 in accordance with Chapter 20, Subdivisions, of the Butte County Code; and WHEREAS, the Board of Supervisors considered an initial study and mitigated negative declaration in accordance with the California Environmental Quality Act; and WHEREAS, said tentative parcel map application TPM08-0008 was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, the Board of Supervisors considered the appellants' comments and concerns, public comments, and a report from the PIanning Division. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: I. Denies the appeal, far the reasons discussed in detail in the staff report, upholding the Planning Commission's approval of TPM08-0008 for Gard Anderson. TL 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 environmental effects and included mitigation measures that would mitigate such effects below signif cant levels; B. The Board of Supervisors has considered the Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, there is no substantial evidence that the Tentative Parcel Map for Gard Anderson, Planning Division File No. TPM08-0008, with the conditions and mitigations here attached, would have a significant effect on the environment. The custodian of the retard 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 the County, which is the Lead Agency. ITT. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verifcation 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 a 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}). IV. Finds that the project site is subject to the requirements of Butte County Code section 24-286 regarding Agricultural-Residential buffers because it is bath within and surrounded by land in the OFC Orchard and Field Crap general plan land use designation. Butte County Code section 24-286 normally requires that a 300' buffer be established between the property lines of existing and new parcels and any new residential uses. Based on the adjacency of the east boundary of the site to the City of Chico, the location of the existing residences on proposed Parcel 3 and on surrounding adjacent parcels, the Director of the Department of Development Services has recommended, and the Board of Supervisors has made, a determination of "unusual circumstances" pursuant to Butte County Cade Section 24-286(c} and (d) and the Buffer Guidelines, in support of amending the normal 300' buffer distance. Instead of the normal buffer, a condition of approval of this map requires that one-acre homesite locations as approved by the Board of Supervisors be delineated and labeled on the Parcel Map prior to recordation. V. Approves Tentative Parcel Map TPMOS-0008 for Gard Anderson, subject to the conditions found in Exhibit "A" and the following f ndings: A. The proposed map is consistent with the Agricultural 20-acre minimum {A-20} zone and consistent with the Orchard and Field Crops (OFC) General Plan land use designation. B. The proposed map is consistent with the following Butte County General Plan Agricultural Element Goals and Policies: GOAL 1 Maintain parcel sizes that ensure the long-term preservation, conservation and continuity of those general plan areas identified as Orchard and Field Crops and Grazing and Open Lands. Policy 1.6 Limit the minimum parcel sizes for new land divisions, in areas identified as Orchard and Field Crops on the General Plan Land Use Map, to not less than the existing zoning designations from 5 to 160 acres. The densities currently established by the existing zoning on Orchard and Field Craps lands shall be the minimum lot size allowable. Further subdivision of Orchard and Field Craps lands are discouraged. GOAL 2 Conserve and stabilize agricultural land uses at city and community boundaries in order to protect agricultural lands from encroachment and conversion to urban uses. Policy 2.1 Agriculture shall not be made inviable by the economic impacts of urban development. GOAL 3 Support the management of agricultural lands in an efficient, economical manner, with minimal conflict from non-agricultural uses. Policy 3.1 Apply the County's Right to Farm Ordinance to all non- agricultural land use approvals, including building permits, within or adjacent to designated agricultural areas. Policy 3.5 The primazy purpose of the Orchard and Field Crop and Grazing and Open Lands land use categories shall be for agricultural production, related processing, and services in support of agriculture. Residential uses, such as the farmer's home, in these categories are secondary uses and are permitted on a limited basis to assist and support agriculture. Policy 3.6 Carefully Iocate residential lands where limited agricultural uses and farm animals are allowed, to avoid conflicts with agricultural operations. C. The design and improvements of the proposed parcel map are consistent with County standards and policies provided all conditions of project approval are complied with. D. The project site is physically suitable for the use and density of the proposed development. 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 parcel map provided the attached conditions are met. F. The portion of the project site proposed for development is not located within an earthquake fault zone or a 100-year flood zone. Only the 40-50' wide northernmost portion of the site adjacent to Comanche Creels is located in the AE FEMA-designated flood insurance rate zone that corresponds to a 100 year floodplain that are determined in the Flood Insurance Study by detailed methods. In most instances, Base Flood Elevations derived from the detailed hydraulic analyses are shown at selected intervals within this zone. Mandatory flood insurance purchase requirements apply. G. 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. H. The roads in the project area have the capacity to handle the increase in vehicular traffic generated by the project. DULY PASSED AND ADOPTED this 2'lth day of April, 2010, by the following vote: AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly NOES: None ABSENT: None ABSTAIN: None Bill Connelly, Char Butte County Board of Supervisors ATTEST: SCOTT TANDY, Interim Chief Administrative Officer and Clerk of the Bo7ard / B y~ EXHIBIT A Tentative Parcel Ma for Gard Anderson on APN 039-460-137 old APN 039-060- 004 File # TPMO$-000$: An application for a Tentative Parcel Map to divide two parcels totaling +/-g 1 acres into four parcels, each being 20 acres minimum in size. I. CONDITIONS OF APPROVAL: 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 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 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. All 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 and setback line 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. The project site is not located on a State or County scenic highway (Butte County Scenic Highway Map). This project would not affect a scenic vista nor would it have a demonstrable negative aesthetic effect. 2. Miti ation Measure # 2: (Section 4.3 Air Quality) 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 tracks 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 far the day and whenever wind exceeds I S 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 1 S 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 ar Department of Public Works in order to control dust. Post Contact Information h. Post a publicly vlslble 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 biodiesel. • Equipment that has Caterpillar pre-chamber diesel engines, as practical. • Diesel construction equipment meeting the CARB's 1996 yr newer certification standard for off-road heavy-duty diesel engines. k. Construction workers shall park in designated parking area(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. Monitaring: 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: Prior to recordation place a note and depict on the Parcel Map or on a separate plat attached to the parcel map, to be recorded concurrently with the Parcel Map the following: "A fifty {50) foot no development area at the northern boundary of the site adjacent to the Comanche Creek/Edgar Slough corridor. This mitigation measure is not intended to obviate the applicability of any State or federal regulation regarding wetlands and endangered species." Plan Requirements: The note and no-development area shall be placed on the parcel amp or on a separate plat as required by the Butte County Public Works Department, to be recorded concurrently with the parcel amp. Timing: This measure shall be implemented during site preparation, issuance of development permits, and construction. Monitoring: The Butte County Department of Development Services shall ensure that the note and no development area is placed and delineated on the parcel map or on a separate plat attached to and recorded concurrently with the parcel map. At the time of grading and/or building permit application, the Development Services Department will require referencing of this note on all site plans. Butte County Public Works and/or building inspectors shall ensure compliance on-site. 4. Miti ation Measure #4: (Section 4.5 Cultural Resources} 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 f nd shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notif cation of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native Americau Heritage Commission in Sacramento shall be notified Immediately, pursuant to State law, to arrange far Native American participation in determining the disposition of such remains." 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 and an all building and site development plans. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: The Planning Division 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 ar on an additional map sheet. The Department of Development Services shall ensure that this note is placed on all building and site development plans. Should cultural resources be discovered, the landownerldeveloper shall stop all work within 50 feet of the f nd and shall Immediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 5. Mitigation Measure #5: Prior to recordation of the Parcel Map, delineate, label and place a Hate on the Parcel Map or on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet, designated allowable one-acre {208' X 208'} Approved Homesite development locations on Parcels 1, 2, and 4, as approved by the Planning Commission. The Hate shall read as follows: "Residences allowed within approved homesites only, or as allowed by subsequently adopted County code." Plan Requirements: Place the required note upon the Parcel Map and all improvement plans. Timing: This measure shall be complied with prior to recordation of the Parcel Map. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on the Parcel Map or on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Butte County Departments of Environmental Health and Development Services will ensure that development permits for residences are issued only far locations which conform to Approved Homesites. 6. Place a note on a separate document which is to be recorded concurrently with the map or an an additional map sheet that states the full text of the County's Right to Farm Ordinance. 7. Prior to recordation of the Parcel Map, a Hate shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating: "This property is known to have been used for agricultural production, including orchard crops, for approximately 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 8. 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 or on an additional map sheet of the parcel map stating: "In accordance with Civil Code Section 845, maintenance of the road as shown hereon shall be shared by those properties with a legal interest in it." 9. All access rights shall be reserved by deed per county ordinance, offered for dedication, and depicted on the pazcel map. 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." 10. Prior to or concurrently with the recordation of the parcel map, deed to Butte County in fee simple 40 feet of right-of--way from the physical centerline of Hegan Lane along the entire property frontage. The right-of--way shall be sufFicient for the installation of county improvement standard S-5 at all street intersections. 11. Prior to or concurrently with the recordation of the parcel map, relinquish abutter's rights of access to Butte County along the Hegan Lane frontage of parcel 1 except at approved access point. 12. Prior to recordation of the parcel map, provide street name signs per requirements of the Department of Public Works. Street names shall be reviewed by the county address coordinator and one name for each new street shall be recommended to the Board of Supervisors far approval prior to recordation of the parcel map. A minimum of five alternate names for each new street shall be submitted. 13. Prior to final road inspection, install all necessary traffic 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 on 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. In accordance with Civil Code Section $45, maintenance of the traff c safety signs shall be shared by those properties with a legal interest in them." 14. Prior to the recordation of the parcel map, obtain an encroachment permit and construct a standard S-18B road approach in accordance with county improvement standards. Adequate sight distance at the intersection of access road and Hegan Lane shall be provided. Right-of--way required for construction of road approach and roadside drainage shall be provided. 15. Provide a cul-de-sac designed and constructed as specified in the county improvement standards. The parcel map shall show the cul-de-sac. 16. Prior to recordation of the parcel map, provide approved access to each parcel from a county maintained road or from a state highway. Improve access road to parcel being divided to RS-$ LD-II county improvement standard. DRAINAGE 17. Prior to recordation of the parcel map, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. 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. 18. 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. If a construction storm water 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 permits}." PARCEL MAP 19. Show all easements of xecord on the parcel map. 20. 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. 21. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Butte County FirelCalifornia Department of Forestry 22. Place a note on a separate document and recorded concurrently with the Parcel 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. 23. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of I S 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 Division 24. Prior to Parcel Map recordation, place a note on an additional map sheet that states that "Parcels 1, 2 will be provided water by a public water supply. Parcel 4 will be provided water either through provision of a well, proven to meet the minimum requirements of the division for an acceptable potable water supply, or provision of water from an approved public water supply system." 25. Prior to Parcel Map recordation, place a note on an additional map sheet that states that development of all parcels will be served by an individual septic system, installed under permit issued by Butte County Environmental Health. 26. Prior to Parcel Map recordation, indicate a 100' no-leach-area around each well. 27. Prior to Parcel Map recordation, indicate a 104' no-leach setback from the high water level of Edgar Slough. Pr~cessin~ Fees 2$. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. Cozen Counsel 29. If this entire matter or any f nding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developerloperator other than the applicant agrees to indemnify the County of Butte from liability or 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. NOTAT>CON 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.