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HomeMy WebLinkAbout13-031RESOLUTION NO. 13-031 WHEREAS, the Board of Supervisors has considered the appeal of the Development Review Committee denial of Tentative Parcel Map TPM 02-23 by the applicant, Larry Bradley, in accordance wi#h Chapter 20; Subdivisions, of the Butte County Code on Assessor's Parcel Number 040-150-112; and WHEREAS, said reap was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, duly noticed public hearings were held on October S, 2002, December 10, 2002, January 14, 2003, January 2$, 2003, February 11, 2003, August 17, 2004, January 29, 2013, February 12, 2013 and February 26, 2013; and WHEREAS, the Board of Supervisors has considered public comments, reports from the Planning Division, the action from the Development Review Committee, and the appeal letter on record: NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: [. 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 potentially significant environmental effects and included mitigation measures that would mitigate such effects below signifcant 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 Larry Bradley, Planning Division File No. TPM 02-23, with conditions and mitigations here attached, would have a significant effect on the environment. The custodian of the record 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. II. 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, UnIe55 the project proponent provides verification from the Cali#orn'ra 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 focal permits issued for the project will be invalid (Section 711.4 (c)(3)). RESOLUTION OF THE BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA GRANTING AN APPEAL OF THE DEVELOPMENT REVIEW COMMITTEE'S DENIAL OF TENTATIVE PARCEL MAP TPM 02-23 (LARRY BRADLEY} Ill. Grants the appeal and approves Tentative Parcel Map TPM 02-23 for Larry Bradley, subject to the conditions found in Exhibit "A" and the following findings: A. The Orchard & Field Crops land use designation identified parcels sizes of 5 to 19.9 acre parcels to be conditionally consistent. There were three criteria that had to be satisfied in order to create parcels less than 20 acres (see Attachment B LUE-48 of the 1979 Land Use Element of the General Plan). OFC Conditional Criteria 1: Predominant existing parcel sizes range from 5 to 10 acres. The table below identifies parcel sizes !n the surrounding area of the project. !t identl~es that a majority of the surrounding projects are less than 10 acres. # of Parcels # of Average Parcel Location Parcel Sizes [ess than 10 Parcels Size acres Immediately Adjacent 10 0.9 to 77.5 acres 22.4 acres 5 (50%) '/4-Mile Radius 62 0.65 to 77.5 acres 6.5 acres 54 (87%) '/rMile Radius 159 0.24 to 92.58 acres 6.2 acres 137 (87%) 1-Mile Radius 439 0.16 to 643.62 acres 8.6 acres 375 (85 %} Staff has provided four data sets (see above tablet: immediately Adjacent;l--mile radius; ~--m!!e radius; and a 1-mile radius far the Board's consideration. (NOTE: Acreage data used is from the Butte County G!S Parcel layer, which calculates parcel size based on polygon size.) L} immediately Adjacent Aarcels. 10 parcels were assessed, ranging in size from 0.9 to 77:5 acres, averaging 22.4 acres. 5 (5035) of the 10 parcels are less than 10 acres. (b) Parcels within 'e mile radius from the site. 62 parcels were assessed, ranging in size from O.G5 to 77.5 acres, averaging 6.5 acres in size. 54 (8795) of the 62 parcels are less than 10 acres. c Parcels within ~ mile radius. 159 parcels were assessed, ranging in size from 0.24 to 92.58 acres, averaging 6.2 acres. 137 (87~J of the 159 parcels are less than 10 acres. ld1 Parcels within 1 mile radius from the site. 439 parcels were assessed, ranging in size from 0.15 to 643.52 acres, averaging 8.6 acres in size. 375 (8535) of the 439 parcels are less than 10 acres. OFC Conditional Criteria 2: Adjacent to or in the general vicinity of urban boundaries. The project site is located between the Durham and Chico Urban Areas. !t !s located approximately 1.5 miles east of Durham Urban Area and approximately 2 miles south of the Chico Urban Area. The project site is located approximately 5.3 miles south of the City of Chico. Usable sewage disposal areas as required by Appendix 1/!1 of the Butte County Subdivision Ordinance have been proved to exist on all of the proposed parcels. Domestic water would be obtained from private wells. There are adequate ground water supplies in the project area due to the project's location above large valley aquifers. OFG Gonditinna! Criteria 3: Present status of agricultural production will not be significantly impaired. The project site !s currently used for agricultural production (almond orchard). The owner will continue the agriculture use. The project includes a mitigation measure (see mitigation measure #1 in Section 4.2J that designates residential development areas to allow the continued agricultural use one site and a residential buffer from adjacent agricultural uses. The project is not expected to result in any impacts to agriculture production. fi. 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 1fi~ acres. The densities currently established by the existing zoning on Orchard and Field Crops lands shall be the minimum lot size allowable. Further subdivision of Orchard and Field Crops lands are discouraged. The project site is adjacent to agriculture and rural residential uses. The existing agricultural uses to the north, south and west w!!! not be impacted by the proposed project. The project has conditions that require a residential buffer from surrounding agriculture uses as we!! as a condition that identifies home site areas. 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. The proposed project would not change housing and development patterns in the area in a substantial way. There are several parcels of similar or smaller size adjacent to, and nearby the project site. 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 primary 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 locate residers#ial lands where limited agricultural uses and farm animals are allowed, to avoid conflicts with agricultural operations. The project will be required to record the right to farm statement as a condition of map. Any conflicts between residences and agricultural uses already exist, or will be mitigated and will not be exacerbated 6y the division into four parcels. The applicant met with the Agriculture Commissioner's office on the proposed project and the Agriculture Commissioner identified appropriate home site areas and agricultural buffers on the project so as to not impact surrounding agricultural uses. C. The proposed map is consistent with the following Durham-Dayton-Nelson Goals and Policies: GOAL 1 -Provide a circulation and transportation system coordinated with land use to ensure streets and roads are safe, efficient and enhance the Planning Area's overall design and appearance. Policy 1 -Design local residential streets for access to properties and for discouraging through, non- localtraffic. The project will use existing county-maintained roads far access. One parcel, with the existing residence, has access off of Durham-Dayton Highway. While the other two parcels will have access off of Esquon Road. Esquon Road it is not a major connecting route to the north. Esquon Road primarily serves the parcels with direct access from Durham-Dayton Highway and Oro Chico Highway. People travelling north and south through the area tend to use Midway, Oro Chico Highway ar State Route 99. Policy 2 -Utilize effective traffic control devices which would regulate flow, provide adequate turning movements and promote pedestrian and vehicle safety. The project has a condition of approval that will require a stop sign at the end of the proposed cul-de- sac. The additional, up to 40, daily traffic trips will not impact traffic flow or add significant traffic onto Esquon Road. The additional, up to 50, daily traffic trips will oat impact flaw ar add significant traffic onto Durham-Dayton Highway. Policy 4 -Restrict residential development from locating adjacent to streets carrying or expected to carry 10,000 vehicle trips per day because a# adverse noise levels. The proposal would cause a very minor increase in vehicular traffic in the area. The proposal will result in the potential increase of six additional residences in the area. Each home has the potential to generate approximately 10 vehicle trips per day, although in Tura! areas the number of vehicle trips is usually less. This number of vehicle trips !s not expected to significantly impact the local circulation system. Esquon Road, Durham-Dayton Highway and surrounding roads, with a Level of Service of "C" or better, have sufficient capacity to safely handle the increase in traffic generated by the project. There is good sight vision of oncoming traffic at the proposed location for new driveway accesses. A standard County road approach will have to be constructed at each driveway location. GOAL 5 -Protect and maintain areas of native vegetation which include riparian forest, valley freshwater marsh, valley oak woodland, vernal pools, annual grasslands and designated natural areas. Such areas deserve protection as part of the heritage of the communities, for the way such areas add to the aesthetic environment, and as important examples of the diversity of habitats and the wildlife they support with the Planning Area as the State. Policy 1-- Review all projects in accordance with the California Environmental Quality Act to ensure no plant or animal species is endangered by the proposed project. The California Natural Diversity Database (CNDDB Rarefied 2, Government 1/erslon, 2010) was reviewed to determine if any special status species or habitats occur on the project site or in the project area. The CNDDB showed no occurrences of any special status species or habitats on the project site or in the immediate project area (0.5 mile radius). The nearest identified listed species see table below, were located approximately 0.6G miles west of the project site. The proposed project site, based an the use of the site as an orchard does not contain any vernal pools. GOAL 7 -Limit potential threats to human health and property which may result from natural environmental hazards. Policy 1 -Protect the capacity of #loodplain and prevent flood damage and associated public relief expenditures created by construction of residential structures in the (loodplain. The project site has been identified within a 100-year flood plain (l=EMA map # 06-000700520 C, tune 8, 1998). Pursuant to Butte County Code section 2b-25, dwelling units must be built above the 100-year flood plain. !n order to implement that code section, a condition of approval (Mitigation Measure #&J specifies that prior to recordation of the Map, the applicant must establish 100 year flood plain elevations and the Lowest floor elevations for any structures and show the elevations (by contours) and the location of an accepted benchmarks. D. The project was analyzed under the General Plan and zoning at the time the project was deemed complete (March 2002). E. The project is consistent with General Plan Goals and Policies, including the Agricultural Element, at the time the project was deemed complete (March 2002j. F. The project includes a condition that limits one dwelling per parcel until such time the parcel is no longer designated as Agriculture by the General Plan and zoning. G. 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. H. The project site is physically suitable for the use and density of the proposed development. I. The design and improvements of the project will not conflict with easements acquired by the public a# large for access through or use of property within the proposed parcel map provided the attached conditions are met. J. The project site is not located within an earthquake fault zone. K. Approval ofi this project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with. L. The future residents of the project site would not be exposed to any significant impacts related to agricultural practices. M. The roads in the project area have the capacity to handle the increase in vehicular traffic generated by the project. PASSED AND ADOPTED by the Butte County Board of Supervisors this 26th day of February by the following votes: AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly NOES: None ABSENT: None -,~ , n,~ NOT VOTING: None ~CX.~ 7 ~ BILL CONNELLY, Chair Butte County Board of Supervisors ATTEST: Paul~~lah , ;h) f Adm' istrative Offi er and Clerk of he Board of Supervisors Attachments: Exhibit A -Tentative Parcel Map TPM 02-23 Conditions of Approval. EXHIBIT A Tentative Parcel Map for Larry Bradley on APN 040-150-112, File # TPM 02-23: An application for a Tentative Pazcel Map to divide a 34.6 acre parcel into three 10+ acre size parcels I. CONDITIONS OF APPROVAL: Planning Division 1. Mitigation Measure_# 1: Residential development areas, as identified by Exhibit 4.2-1, shall be shown on the final map. Plan Requirements: The residential development area shall be shown on the fmal map and on building and site development plans. Timing: Requirements of the condition shall be adhered to at all times. Monitoring: The Planning Division and the Public Works Department shall ensure that the residential development area placed on the map. The Planning Division shall check building planslsite plans to ensure that residential structures are located in the designated development area. 2. Miti~atron Measure # 2: 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 ar 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 tracks or sprinkler systems shall be used to keep all azeas 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. Sail 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. £ 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. Post Contact Information h. Post a publicly visible 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 199b or 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. 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. 3. Mitigation Measure # 3: Place a note on a separate document which is to be recorded concurrently with the Final Map ar on an additional map sheet that states: "Should grading activities reveal the presence of prehistoric or historic 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 immediately cease until a qualified professional archaeologist can be consulted to evaluate the find 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 the 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." The provisions of this note shall be followed during construction of all subdivision improvements, including land clearing, road construction, utility installation, and building site development. Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: The Department of Development Services and/or Public Works Department shall ensure the 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 landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. State law requires the reporting of any human remains. 4. Mitigation Measure # 4: Prior to recordation of the Final Map, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Cade §26-25. Show on the additional map sheet the elevations {by contours} and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1988) benchmark and a temporary benchmark on-site. Plan Requirements: Submit plans and calculations to the Department of Public Works for review and approval. Timing: The plan shall be submitted and approved prior to approval of the improvement plans. Benchmazks must be identified prior to recordation. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and implemented prior to recordation of the Parcel Map. 5. Mitigation Measure # S: 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 or holidays; B. Use best available noise suppression devices and properly maintain and muffle diesel engine-driven construction equipment; C. Construction equipment shall not be idled 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 entrance(s) 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 map or on an additional map sheet and shall be shaven on all site development and building plans. Timing: The mitigation shall be applicable during all 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. 6. 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: "Na second dwellings shall be allowed until the parcels are no longer designated as Agriculture by the general plan and zoning. 7. Prior to or concurrently with the recordation of the Final Map, record a Declaration Acknowledging Right To Farm (Agricultural Statement of Acknowledgement). 8. Place a Hate on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "A Declaration Acknowledgement Right to Farm (Agricultural Statement of Acknowledgement) has been recorded on the parcels." 9. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "All buildings shall be setback per Butte County Code requirements at the time of building permit application." Public Works 10. 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 Esquan Road and 40 feet of right-of--way from the physical centerline of Durham Dayton Highway 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 Durham Dayton Highway frontage of Parcel 3 except at approved access paint. i2. Prior to recordation of the parcel map, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specif ed in the county improvement standards and the terms of the encroachment permit. 13. Place a note on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet stating: "After adoption of the Central Valley Flood Protection Plan by the Central Valley Flood Protection Board pursuant to Section 9612 of the Water Code and after the amendments of the Butte County General Plan and Zoning Ordinance required by Sections 65302.9 and 65860.1 of the Government Code have became effective, Butte County will be prohibited from approving any discretionary permit or entitlement or any ministerial permit that would result in the construction of a new residence on any lot or parcel depicted on this map unless the county makes one of the fmdings required by Section 65962 of the Government Code regarding flood protection. Such findings must be based on substantial evidence. it shall be the responsibility of the owner of the lot or parcel, or the agent of the owner, to provide any and all information requested by the County in order for the County to be able to make the required findings." 14. Prior to recordation of the parcel map in accordance with Butte County Code Section 26- 25 either: a. Show or note the existing regulatory flood plain on the map; or b. Establish the regulatory flood plain and then show it on the map. 15. 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 permit(s)." 16. Show all easements of record on the Parcel Map. 17. Prior to ar 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. 1 S. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Butte County Fire/California Department of Fores 19. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with current Butte County Improvement Standards. 20. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating, "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 or 13R is required" is to be added to all affected building plans or, as amended by code, to the satisfaction of the Fire Chief. 21. Prior to building construction, provide anall-weather access of at least 10 feet wide for residential, and 20 feet wide for commercial, 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 22. Place a note on the final map or additional map sheet stating: "Reports that may have been conditions of approval on the tentative map and a list of current county requirements for building site are on file and available for review in the Butte County Department of Development Service and Butte County Public Health Department Environmental Health division files." 23. New and replacement wastewater treatment and dispersal systems shall meet the requirements of Section 26-26 of the Butte County code {flood hazard protection). 24. Water wells proposed for installation in the 100-year flood plain shall meet the construction requirements of Section 23B-9c of the Butte County Code. Processing Fees 25. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. County Counsel 26. If this matter or any finding, action or condition of this matter is challenged in any other action or forum, the applicant or any other developerloperator other than the applicant agrees to defend, indemnify and hold harmless the County of Butte from the liability or loss related to the approval of this project in the subsequent action or forum and agrees to sign an indemnification agreement in a form approved by County Counsel. II. N~TAT~ON A. Minor changes may be approved administratively by the Directors of Development Sezvices, 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.