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Resolution No. 16-185
A RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF BUTTE, STATE OF CALIFORNIA,
MAKING FINDINGS AND GRANTING AN APPEAL TO DELETE CONDITION OF APPROVAL NO. 23 AND
APPROVE THE EXCEPTION REQUEST FOR A PRESSURIZED WATER SYSTEM WITH APPROVAL OF
TENTATIVE SUBDIVISION MAP TSM16-0001
WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 22, 2016
at which time the Planning Commission approved Tentative Subdivision Map TSM16-0001 to divide 6.29 acres
into four parcels and a designated remainder, not less than one acre in size in the Very Low Density Residential
(VLDR) zone at 9086 Goodspeed in the southern portion of the community of Durham.; and
W HEREAS, the Planning Commission denied the applicant's exception request to forgo a pressurized
water system and included Condition of Approval No. 23 in its approval, requiring a pressurized water system
prior to recordation of the final subdivision map; and
WHEREAS, applicant Kevin Thomas appealed the requirement of a pressurized water system imposed as
Condition of Approval No. 23 by the Planning Commission in its approval of the project; and
WHEREAS, a duly noticed appeal hearing was held by the Board of Supervisors on November 8, 2016
and continued to December 6, 2016; and
WHEREAS, the Board of Supervisors has considered the applicant's appeal, the recommendations of the
Butte County Fire Department and the Department of Development Services, the Planning Commission's
Resolution of approval for Tentative Subdivision Map TSM16-0001; public testimony and correspondence, and
the report from the Department of Development Services.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors:
I. Grants the exception to Butte County Improvement Standards 13.0 Fire Standards to forgo installation
of a pressurized water system with creation of the fifth parcel by the applicant, subject to the following
findings:
A. On behalf of applicant Kevin Thomas, project engineer Herb Votaw submitted a letter with the
exception request dated July 12, 2016, stating fully the grounds of the application and the facts
relied upon by the petitioner.
B. The exception request is consistent with applicable Butte County General Plan goals and policies,
including those of the Durham Dayton Nelson Plan. With the review by County Departments
including Butte Fire, approval of the exception request is consistent with General Plan Policy HS-
P11.4 which specifies that new development projects shall meet current fire safe ordinance
standards for adequate emergency water flow, emergency vehicle access, signage, evacuation
routes, fuel management, defensible space, fire safe building construction and wildfire
preparedness under the circumstances specified below.
C. 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
subdivision map, was determined or deemed to be complete. In totality these facts constitute a
special circumstance affecting the property which existed at the time the application for
Tentative Subdivision Map TSM16-0001 was determined to be complete.
1. The applicant recorded the final parcel map for Tentative Parcel Map TPM 03-14,creating
four parcels and a designated remainder on adjacent land. The prior Tentative Parcel
Map was not required to provide a pressurized water system under the Butte County
Improvement Standards. Under the Subdivision Map Act (Government Code section
66410 et seq.), Tentative Subdivision Map TSM16-0001 created the fifth, sixth, seventh
and eighth lots by this subdivider, which triggered the requirement in the Improvement
Standards for a pressurized water system (aka fire hydrant) for these additional lots.
2. The distance from the end of the existing water main and the phase 2 boundary is 1350'.
Placement of a fire hydrant would likely be another 200' for a central location. Two of
the proposed parcels, and the designated remainder parcel, already have wells and would
likely not connect to a public water system.
3. The proposed subdivision would enable the construction of four new primary residential
units and, possibly, five secondary residential units on approximately one and two acre
lots.
4. The proposed subdivision is an infill project completely surrounded by existing residential
units and cannot be further divided. The proposed parcels are one acre or larger and the
proposed structures will be on private wells and have sprinkler systems.
5. Given a fire within the subdivision, water for firefighting purposes would be provided via
water trucks dispatched with other fire equipment.
6. The project is within a Local Responsibility Area for fire protection.
D. That the granting of the exception will not be detrimental to the public welfare or injurious to
other property in the territory in which the property is situated.
1. Fire equipment dispatched in South Durham includes a water truck for the provision of
water for firefighting purposes.
2. The project is within a Local Response Area for emergency response.
3. The proposed parcels are one acre in size or larger and proposed structures will be on
private wells and have sprinkler systems.
4. The roadway design of Walnut Grove Drive provides safe and adequate access for fire
equipment to project parcels.
II. Grants the appeal and deletes Condition of Approval No. 23 requiring the installation of a pressurized
water system prior to recordation of the final map from the approval of TSM 16-0001 for Kevin Thomas,
and adds an alternative condition requiring the applicant to pay$1.72 per linear foot of parcel frontage
into the Durham Irrigation District fire hydrant fund for the four parcels and designated remainder
created by TSM16-0001 as shown in Exhibit A.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 6th day of December, 2016 by
the following vote:
AYES: Supervisor Wahl, Kirk, Teeter and Chair Connelly
NOES: Supervisor Lambert
ABSENT: None
NOT VOTING: None
i
°I 1 JO /1
BILL CONNELLY, Chal
Butte County Board of Supervisors
ATTEST:
Paul Hahn, Chief Administrative Officer and
Clerk of the Board of Supervisors
BY.,