HomeMy WebLinkAboutTPM20-0002 Agenda Report
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 1 of 18
BUTTE COUNTY ZONING ADMINISTRATOR
AGENDA REPORT – September 23, 2020
Applicant: Margaret Johnson Location: The project site is located on the north side of Bell Road, approximately 3,000 feet west of Chico city limits.
Owners: Andrew, Courtney, Stephen and Margaret Johnson
File #: TPM20-0002
Request: Tentative Parcel Map to divide
a 5.06-acre property into two parcels (2.53 acres each).
Supervisor District: 2
Parcel Size: 5.06 acres
Planner: Tristan Weems Associate Planner
G.P.: VLDR (Very Low Density
Residential) Attachments
Zoning: VLDR 2.5 (2.5 acre minimum) A: Draft Zoning Administrator Decision with attached Conditions of Approval
B: Vicinity Map and Zoning
Map
APN: 042-010-085 C: Tentative Parcel Map
I. EXECUTIVE SUMMARY
The project proposes to divide a 5.06-acre parcel, in the VLDR 2.5 (Very Low Density Residential – 2.5-acre minimum) zone and VLDR (Very Low Density Residential) General Plan designation, into two lots (2.53 acres each). The project parcel is undeveloped. The project parcel fronts on Bell
Road, a publicly maintained paved road, approximately 3,000 feet west of the City of Chico city
limits. The parcel frontage is unimproved without curb, gutter, and sidewalk. Future residences will be served by onsite well and septic systems.
Pursuant to Butte County Code, Section 24-56.1 –Residential Setback from Orchards and Vineyards, a 70-foot residential setback will be established from the proposed property line
separating proposed parcel 1 from the neighboring 1-acre walnut orchard. The proposed setback
would apply to any future residential dwellings constructed on the resultant parcels, including guesthouses. The proposed setback was reviewed by the Agricultural Commissioner’s Office on July 1, 2020, and is recommended for approval by the Zoning Administrator. Upon approval, the 70-foot residential setback will be represented on the recorded parcel map labeled, “Residential
Setback from Orchards and Vineyards.”
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 2 of 18
The proposed private access easement will be construction in conformance with county
improvement standard RS-8 LD-III, 20 feet wide with 4″ of CL II aggregate base and single
sealcoat.
Staff recommends the Zoning Administrator adopt the Categorical Exemption §15061 (b)(3) “Common Sense” exemption pursuant to the California Environmental Quality Act (CEQA) and approve the Tentative Parcel Map, subject to findings and conditions in Attachment A of this
report.
II. PROJECT DESCRIPTION:
Direction General Plan Designation Zoning Existing Land Use(s)
North Very Low Density Residential VLDR 2.5 Residential
South Very Low Density Residential VLDR Residential
East Very Low Density Residential VLDR 2.5 1 acre of Walnuts/Residential
West Very Low Density Residential VLDR 2.5 Residential
• The project proposes to divide a 5.06-acre parcel, in the VLDR 2.5 (Very Low Density Residential – 2.5-acre minimum) zone and VLDR (Very Low Density Residential) General Plan
designation, into two lots (2.53 acres each).
• A four lot Parcel Map Book for the Nichols Family, Book 103 Pages 29-32, Lot 4, recorded May 16, 1986 created the existing lot in its current configuration.
• The project parcel fronts on Bell Road a publicly maintained paved road. The parcel frontage is
unimproved without curb, gutter, and sidewalk.
• Future residences will be served by onsite well and septic systems.
• The property is not located within the City of Chico Sphere of Influence (this area encompasses
the properties south of Bell Road). City of Chico Development Services and Public Works
Directors, whom declined to comment on the project, verified the location of the parcel not within the City of Chico Sphere of Influence.
• The Chico Area Greenline is located directly to the south of the project parcel, and this parcel is
located on the “Agricultural side of the Chico Area Greenline” pursuant to the General Plan. Land
Divisions that meet current parcel minimums within the Very Low Density Zone district are not impacted by the Greenline policies (LUP13.4, Butte County Memo dated October 2, 2015).
III. SITE CHARACTERISTICS:
• The project parcel is undeveloped.
• The topography of the project area is relatively flat, with a gentle northwesterly slope and an elevation range of approximately 160-165 feet above sea level.
• The cleared project site vegetation consists primarily of tall grasses and forbs.
• The property has been previously graded.
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 3 of 18
• Bell Road borders the parcel to the south with residential uses to the north, east and west, and with
residential to the south. There is a one-acre walnut orchard to the southeast.
• There are no waterways on or adjacent to the project site.
• According to Federal Emergency Management Agency (FEMA) floodplain mapping of the
project area, the parcel is located within the X (unshaded) Flood Zone. The areas of minimal flood hazard, which are the areas outside the Special Flood Hazard Area (SFHA) and higher than the elevation of the 0.2-percent-annual-chance flood, are labeled Zone C or Zone X (unshaded). (https://www.fema.gov/flood-zones)
• The site is not within an airport compatibility zone.
IV. ANALYSIS:
Zoning Consistency
Butte County Code §24-18 E. (Very Low Density Residential-2.5 Acre)
The Very Low Density Residential zoning designation allows for single-family homes and related
uses in residential neighborhoods within the county. Permitted residential uses in the VLDR zones
include single-family homes, small residential care homes, crop cultivation, animal grazing, limited agricultural uses, on-site agricultural product sales, and private stables. The VLDR zone also conditionally permits non-residential uses compatible with a residential setting, including public and quasi-public uses, golf courses, park and recreational facilities, personal services, large
residential care homes, medical offices and clinics. The minimum permitted parcel size for this
zone is 2.5 acres.
The proposed project includes two 2.53-acre parcels, which are consistent with the minimum parcel size criteria of the VLDR-2.5 zone.
Butte County Code §24-56.1 (Residential Setbacks for Orchards and Vineyards)
The proposed project includes a 70-foot residential setback from a one-acre walnut orchard located adjacent to the project site, pursuant to Section 24-56.1 of the Butte County Zoning Ordinance. In consultation with the Agricultural Commissioner, a minimum 70-foot residential setback is recommended on the northwestern side of proposed parcel 1. The presence of the internal drive access easement (width of 50’ from the affected property line) between the orchard and the affected
proposed parcel 1 would provide a minimum 50-foot separation between the residential and agricultural uses. In addition to the 50-foot separation, future residential dwellings constructed on the resultant parcels near this internal access easement would be setback 20-feet, pursuant to Table 24-20-2 of the Butte County Zoning Ordinance, bringing the total setback from the northern orchard to a minimum of 70 feet.
Implementation of the residential setbacks together with the presence of the internal access easement and implementation of existing Butte County policies and regulations identified above would ensure that potential impacts to adjacent agricultural lands are less than significant and are in compliance with Butte County Code.
General Plan Consistency
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 4 of 18
General Plan goals and policies were evaluated in the context of the proposed project. Fourteen goals
and 25 policies were identified as being applicable to the project. The following table identifies each
applicable goal and policy, and a review of the project’s consistency with each policy.
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 5 of 18
General Plan 2030 Goals and Policies Consistency Review
AGRICULTURE ELEMENT
GOAL AG-5. Reduce conflicts between urban and agricultural uses and between
habitat mitigation banking and agricultural uses.
Consistent. This goal is more specifically reviewed in the discussion of the policies
below.
AG-P5.3. The Zoning Ordinance shall require that a buffer be established on property proposed for residential development in order to protect lands designated Agriculture by the General Plan and zoned Agriculture under
the Zoning Ordinance from incompatible use conflicts. The desired standard shall be 300 feet, but may be adjusted to address unusual circumstances.*
Consistent. No agricultural-zoned property is located adjacent to the project site. Surrounding property currently has an active orchard, but is situated in the VLDR-2.5 zone.
AG-P5.3.2 The Zoning Ordinance shall require a setback between a new residence and an existing active orchard or vineyard
that locates the residence as far away from the orchard or vineyard as practicable, taking into account adjacent agricultural uses and practices, provided it does not limit the density permitted by the residential zone, and in no case is less than 25 feet. The setback
shall be imposed on the parcel developing with residences and shall be reviewed by the Zoning Administrator in consultation with the Agricultural Commissioner as to width. The
setback shall be subject to a public hearing.
Consistent. The proposed project includes a 70-foot residential setback from orchards located on the project site, established
pursuant to Section 24-56.1 of the Butte County Zoning Ordinance. In consultation with the Agricultural Commissioner, a 70-foot residential setback is proposed on the adjacent resultant northeastern parcel 1 side. The presence of the 50’ internal access
easement and the required 20’ building setback line between orchards between the residential and agricultural uses meets the required 70’ residential setback.
WATER RESOURCE ELEMENT
GOAL W-2. Ensure an abundant and sustainable water supply to support all
uses in Butte County.
Consistent. This goal is more specifically reviewed in the discussion of the policies
below.
W-P2.8. The County supports Area of Origin water rights, the existing water right priority system and the authority to make water management decisions locally to meet the county's current and future needs, thereby protecting Butte County's communities, economy and environment.
Consistent. Future land uses will utilize established vested rights to underlying groundwater resources to meet water needs.
W-P2.9. Applicants for new major
development projects, as determined by the Department of Development Services, shall
demonstrate adequate water supply to meet the needs of the project, including an
evaluation of potential cumulative impacts to surrounding groundwater users and the
environment.*
Consistent. The availability of water
resources to serve future development on the project site would be evaluated by Butte
County Environmental Health upon application for a development permit.
GOAL W-3. Effectively manage groundwater resources to ensure a long-
term water supply for Butte County.
Consistent. This goal is more specifically reviewed in the discussion of the policies
below.
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 6 of 18
General Plan 2030 Goals and Policies Consistency Review
W-P3.3. The County shall protect groundwater recharge and groundwater quality when considering new development
projects.*
Consistent. Future development would result in only a minor increase in impervious surfaces from the construction of concrete
foundations and driveways. Thus, the proposed project would not cause a measureable reduction in surface infiltration or a decrease in deep percolation to the underlying aquifers. At the time of development, proposed improvements will be
evaluated by the Butte County Public Works Department to ensure that stormwater runoff is appropriately retained on-site to allow for groundwater recharge and improved water quality.
GOAL W-4. Promote water conservation as an important part of a long-term and
sustainable water supply.
Consistent. This goal is more specifically reviewed in the discussion of the policies
below.
W-P4.6. New development projects shall
adopt best management practices for water use efficiency and demonstrate specific water conservation measures.*
Consistent. Future development would be subject to California Green Building Standards Code and other California regulations, which contains specific measures for water conservation of residential and non-residential buildings.
GOAL W-5. Protect water quality through effective stormwater management. Consistent. This goal is more specifically reviewed in the discussion of the policies below.
W-P5.2. New development projects shall identify and adequately mitigate their water
quality impacts from stormwater runoff.*
Consistent. At the time of development, proposed improvements will be evaluated by
the Butte County Public Works Department to ensure that stormwater runoff is appropriately retained on-site to allow for groundwater recharge and improved water quality.
CONSERVATION AND OPEN SPACE ELEMENT
GOAL COS-2. Promote green building, planning and business. Consistent. This goal is more specifically reviewed in the discussion of the policies
below.
COS-P2.2. New development shall comply
with Green Building Standards adopted by the California Building Standards Commission at the time of building permit application, including requirements about low- or no- toxicity building materials.
Consistent. Cal Green development measures will be applied in the design of future development, at the time of the building permit application.
GOAL COS-7. Conserve and enhance habitat for protected species and sensitive biological communities.
Consistent. This goal is more specifically reviewed in the discussion of the policies below.
COS-P7.3. Creeks shall be maintained in
their natural state whenever possible, and creeks and floodways shall be allowed to function as natural flood protection features during storms.*
Consistent. The project site does not contain
any creek or floodways.
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 7 of 18
General Plan 2030 Goals and Policies Consistency Review
COS-P7.4. New development projects shall mitigate their impacts in habitat areas for protected species through on- or off-site
habitat restoration, clustering of development, and/or project design and through the provisions of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) within the HCP/NCCP Planning Area, upon the
future adoption of the HCP/NCCP.*
Consistent. No native habitat was identified on the project site or surrounding area. The property had been extensively disturbed by
previous grading.
COS-P7.5. No new development projects shall occur in wetlands or within significant riparian habitats, except within the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area where such
development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP.*
Consistent. No riparian habitat was identified on the project site or surrounding area. The property had been extensively disturbed by previous grading activity.
COS-P7.6. New development projects shall include setbacks and buffers along riparian corridors and adjacent to habitat for protected species, except where permitted in the Butte
Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area and where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP.*
Consistent. No native habitat was identified on the project site or surrounding area. The property had been extensively disturbed by previous grading activity.
COS-P7.8. Where sensitive on-site biological
resources have been identified, construction employees operating equipment or engaged in any development-associated activities involving vegetation removal or ground disturbing activities in sensitive resource areas shall be trained by a qualified biologist
and/or botanist who will provide information on the on-site biological resources (sensitive natural communities, special-status plan and wildlife habitats, nests of special-status birds, etc.), avoidance of invasive plan introduction and spread, and the penalties for not complying with biological mitigation requirements and other State and federal regulations.*
Consistent. No native habitat was identified
on the project site or surrounding area. The property had been extensively disturbed by previous grading activity.
GOAL COS-9. Protect identified special-status plant and animal species. Consistent. This goal is more specifically reviewed in the discussion of the policies
below.
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 8 of 18
General Plan 2030 Goals and Policies Consistency Review
COS-P9.1. A biological resources assessment shall be required for any proposed development project where special-
status species or critical habitat may be present. Assessments shall be carried out under the direction of Butte County. Additional focused surveys shall be conducted during the appropriate season if necessary. Upon adoption of the Butte
Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP), assessment requirements of the HCP/NCCP shall be implemented for
development projects within the HCP/NCCP area.*
Consistent. No native habitat was identified on the project site or surrounding area. The property had been extensively disturbed by
previous grading activity.
GOAL COS-17. Maintain and enhance the
quality of Butte County's scenic and visual resources.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P17.1. Views of Butte County's scenic resources, including water features, unique geologic features and wildlife habitat areas, shall be maintained.*
Consistent. No scenic resources were identified within the project area that would be adversely impacted by the proposed project, including any substantial water features,
unique geological features, or wildlife habitat areas.
LAND USE ELEMENT
GOAL LU-4 Provide high-quality housing in a range of residential densities and
types.
Consistent. This goal is more specifically reviewed in the discussion of the policies
below.
LU-P4.1 - The integrity and stability of
existing residential neighborhoods shall be promoted and preserved.
Consistent. The project area consists of
single-family residential and accessory agricultural uses within the Very Low Density 2.5 (VLDR 2.5) zone and residentially zoned parcels with residences and a small orchard. Surrounding parcels range in size from 0.47 acres up to 5.99 acres.
HEALTH AND SAFETY ELEMENT
GOAL HS-1. Maintain an acceptable noise environment in all areas of the county. Consistent. This goal is more specifically reviewed in the discussion of the policies
below.
HS-P1.1. New development projects
proposed in areas that exceed the land use compatibility standards in Tables HS-2 and HS-3 shall require mitigation of noise impacts.*
Consistent. No substantial transportation or non-transportation noise sources have been identified in the project area.
HS-P1.2. Noise from transportation sources
shall not exceed land use compatibility standards in Table HS-2.*
Consistent. No substantial transportation or non-transportation noise sources have been identified in the project area.
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 9 of 18
General Plan 2030 Goals and Policies Consistency Review
HS-P1.9. The following standard construction noise control measures shall be required at construction sites in order to minimize construction noise impacts: (a.) Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. (b.) Locate stationary noise-generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a construction project area. (c.) Utilize quiet air compressors and other stationary noise-generating equipment where
appropriate technology exists and is feasible.*
Consistent. Noise generated by construction activities associated with the project are temporary, intermittent and separated from
noise sensitive receptors. Noise control measures are standard in the construction industry and are commonly used to minimize noise impacts to surrounding uses. Additionally, construction activities would be consistent with the County's Noise Control
Ordinance.
GOAL HS-3. Prevent and reduce flooding. Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
HS-P3.2. Applicants for new development projects shall provide plans detailing existing drainage conditions and specifying how runoff will be detained or retained on-site and/or conveyed to the nearest drainage facility and
shall provide that there shall be no increase in the peak flow runoff to said channel or facility.*
Consistent. Future development permits are reviewed by the County Public Works Department, and may require drainage and stormwater detention plans as a condition of permit approval.
HS-P3.3. All development projects shall include stormwater control measures and site design features that prevent any increase in the peak flow runoff to existing drainage
facilities.*
GOAL HS-11. Reduce risks from wildland and urban fire. Consistent. This goal is more specifically reviewed in the discussion of the policies
below.
HS-P11.1. Fire hazards shall be considered
in all land use and zoning decisions, environmental review, subdivisions review and the provision of public services.
Consistent. The project is not located in a Fire Hazard Severity Zone or a State Responsibility Area, and therefore, would not be exposed to a significant wildland fire risk.
HS-P11.4. 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.
Consistent. The project meets current fire safe standards. Permits for new development would be reviewed by County Fire and Building Departments to ensure that projects have adequate water storage, access, defensible space, building construction, and other fire protection standards. GOAL PUB-13. Plan adequate wastewater infrastructure to serve new development. Consistent. This goal is more specifically reviewed in the discussion of the policies below.
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 10 of 18
General Plan 2030 Goals and Policies Consistency Review
PUB-P13.3. New development projects shall demonstrate the availability of a safe, sanitary and environmentally sound wastewater
system.
Consistent. Permits for new development projects are reviewed by the Butte County Division of Environmental Health to ensure
the availability of safe, sanitary and environmentally sound wastewater system is provided. Wastewater systems are reviewed in compliance with Chapter 19 of Butte County Code (On-Site Wastewater Systems).
PUB-P13.2. For development projects that will rely on on-site wastewater systems, applicants shall provide detailed plans demonstrating that the system will be adequate to serve the project.
BUTTE COUNTY DEPARTMENTS AND OTHER AGENCIES REVIEW
Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the project analysis and proposed project conditions.
Butte County Assessor’s Office
No comment. Butte County Cal-Fire
“Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the current adopted California Fire Code and current Butte County Improvement Standards, whichever is stricter.
Prior to building construction, provide an all-weather access of at least 10 feet wide for residential,
and 20 feet wide for commercial, and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures.” Butte County Environmental Health Division
The applicants have conducted and cleared the pre-application process for this project. There is room and replacement leach area for both parcels as proposed. Butte County Public Works
Comments were provided and included below. The Northeast Information Center
Conducted a review and returned the comment that no Prehistoric or Historic sites have been
recorded within the project area. Due to the prior disruption to the soils located at the project site,
no further archeological analysis or mitigation is deemed necessary.
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 11 of 18
V. CATEGORICAL EXEMPTION FROM CEQA
In compliance with Section 15061 (b)(3) Common Sense Exemption, this project is categorically
exempt from CEQA review. The Common Sense Exemption stipulates that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Staff finds upon review of the site using the California Natural Diversity Database none fell within
any identified range or area of sensitive species or habitats. The parent parcel is not within a deer herd migration overlay, scenic resource, scenic highway overlay, City of Chico Sphere of Influence, nor is it located within Agricultural Land. The site has been disturbed and does not contain any cultural resources, nor is it near or adjacent to a creek or waterway, it does not contain
oak woodlands, has been previously developed, is relatively flat (sloping three feet across the
entire parent parcel).
The parent parcel is not located within the Watershed Protection Overlay zone, nor is it near any identified fault lines, there is a very low risk of landslide and erosion hazard potential. The parent parcel is located in FEMA flood zone “X” or undefined/unshaded/not applicable.
Staff therefore finds with certainty that there is no possibility that the activity in question may have
a significant effect on the environment, and not subject to CEQA.
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 12 of 18
ATTACHMENT A: ZONING ADMINISTRATOR DETERMINATION WITH CONDITIONS OF APPROVAL
BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN20-XXXX TENTATIVE PARCEL MAP TPM20-0002
(Margaret Johnson)
A tentative parcel map to divide a 5.06-acre parcel, in the VLDR 2.5 (Very Low Density Residential – 2.5-acre minimum) zone and VLDR (Very Low Density Residential) General Plan designation, into two lots (2.53 acres each). The project parcel is undeveloped. The project parcel fronts Bell
Road, a publicly maintained paved road. The parcel frontage is unimproved without curb, gutter, and
sidewalk. Future residences will be served by onsite well and septic systems.
APN 042-010-085
September 23, 2020
I. The Zoning Administrator has considered the Section 15061 (b)(3) Categorical Exemption for Common Sense Exemption in accordance with the California Environmental Quality Act (CEQA), and adopts the Categorical Exemption with the following findings:
A. Upon review of the site using the California Natural Diversity Database none fell
within any identified range or area of sensitive species or habitats. The parent parcel
is not within a deer herd migration overlay, scenic resource, scenic highway overlay, City of Chico Sphere of Influence, nor is it located within Agricultural Land. The site has been disturbed and does not contain any cultural resources, nor is it near or adjacent to a creek or waterway, it does not contain oak woodlands, has
been previously developed, is relatively flat (sloping three feet across the entire
parent parcel).
The parent parcel is not located within the Watershed Protection Overlay zone, nor is it near any identified fault lines, there is a very low risk of landslide and erosion hazard potential. The parent parcel is located in FEMA flood zone “X” or
undefined/unshaded/not applicable.
B. On the basis of the whole record before the Zoning Administrator, there is no substantial evidence that the Tentative Parcel Map for Margaret Johnson, Planning Division File No. TPM20-0002 would have a significant effect on the environment.
C. The custodian of the record is the Department of Public Works. The location of the
record is 7 County Center Drive, Oroville CA 95965.
II. Approves Tentative Parcel Map TPM20-0002 for Margaret Johnson, subject to the conditions found in Exhibit “A” and the following findings:
A. The proposed map is consistent with the VLDR 2.5 (Very Low Density Residential, 2.5-acre minimum) zone.
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Proposed lots meet minimum parcels sizes and will support single-family residential
development, consistent with purpose and allowed uses in the VLDR 2.5zone (BCC
§24-18E and §24-19).
B. The project is substantially consistent with applicable Goals and Policies of the Butte County General Plan based on the consistency review in the staff report. In addition, there is no substantial evidence in the whole record to support any of the findings in
Government Code Section 66474 requiring denial of the tentative parcel map.
C. The design and improvements of the proposed parcel map are consistent with County standards and policies provided all conditions of project approval are met.
Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the project analysis and proposed project
conditions. Design and improvements of the Proposed Parcel Map are consistent with
County standards and policies.
D. The project site is physically suitable for the use and density of the proposed development.
The Proposed Parcel sizes are consistent with the minimum parcel size requirement of
the VLDR 2.5 (2.5-acre minimum) zone. Existing and proposed single-family
residences are consistent with the primary allowed land uses in the VLDR zone.
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.
No easements will be abandoned with the proposed TPM.
F. The project site is not located within an earthquake fault zone.
There is only one known active fault within Butte County and it is located approximately 20 miles to the southeast.
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.
No adverse or detrimental effects to the environment or public health, safety, and
welfare have been identified as resulting from the project, from agency and departmental review, or from staff analysis.
H. The roads in the project area have the capacity to handle the increase in vehicular traffic
generated by the project.
The addition of two residential dwellings would have a negligible effect on local or
regional traffic.
Approved By: Pete Calarco
Date: September 23, 2020
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 14 of 18
EXHIBIT A
Tentative Parcel Map for Margaret Johnson on APN 042-010-085, File # TPM20-0002: A request to divide a 5.06-acre parcel, in the VLDR 2.5 (Very Low Density Residential – 2.5-acre minimum) zone and VLDR (Very Low Density Residential) General Plan designation, into two lots (2.53 acres each). The project parcel is undeveloped. The project parcel fronts Bell Road, a publicly-maintained
paved road. The parcel frontage is unimproved without curb, gutter, and sidewalk. Future residences
will be served by onsite well and septic systems.
I. Conditions of Approval:
Planning Division
None.
Public Works
STREETS
1. Prior to 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."
2. All access rights shall be reserved by deed per county ordinance, offered for dedication, and
depicted on the parcel map. Place the following note on the parcel map: “approved road name is a non-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.”
3. 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 for approval prior to recordation of the parcel map. A minimum of five alternate names for each new street shall be submitted.
4. 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 845, maintenance of the traffic
safety signs shall be shared by those properties with a legal interest in them." 5. Prior to recordation of the parcel map, submit road and drainage improvement plans to the Land Development Division for the installation of a standard S-18B road approach in
accordance with county improvement standards. Obtain an encroachment permit and construct
the road approach prior to recordation of the parcel map. Adequate sight distance at the
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intersection of access road and shall be provided. Right-of-way required for construction of
road approach and roadside drainage shall be provided.
6. Provide a cul-de-sac or building free turn around area designed and constructed as specified in the county improvement standards. The parcel map shall show the cul-de-sac or building free turn around area.
7. Prior to recordation of the parcel map, provide approved access to parcels 1 and 2 from a county maintained road or from a state highway. Construct or provide a performance, labor and material bond for construction of improvements to access road in conformance with county improvement standard RS-8 LD-III, 20 feet wide with 4″ of CL II aggregate base and single
sealcoat.
DRAINAGE 8. Prior to recordation of the parcel map, drainage plans and calculations shall be submitted to
and approved by the Department of Public Works. Engineering plans shall detail existing
drainage conditions and specify how storm water runoff will be either detained or retained onsite and/ or conveyed to the nearest natural drainage channel or publicly maintained facility. Engineering calculations shall show there is no increase in peak flow runoff leaving the property. If storm drainage facilities serve new public roads, the developer must complete the
formation of a county service area (CSA), zone of benefit within a permanent road division
(PRD), or other Department of Public Works approved entity prior to recordation of the parcel map. The formation process will require the developer to fund the service until the beginning of the first fiscal year in which service charges can be collected and agree to an annual maximum service charge to ensure continued operation of the facilities.
9. Prior to final improvement inspection by the Department of Public Works, all new drain inlets shall be labeled with the county approved drain marker per county standard S-40. Improvement plans shall show and/or note the requirements for labeling inlets pursuant to county standard S-40.
10. Prior to grading, a construction storm water permit will be required by the State Water Resources Control Board if the project results in ground 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. Submit engineering estimate of
area to be disturbed to the Department of Public Works for review and approval. If a
construction storm water permit is required, engineering plans shall show the Waste Discharge Identification (WDID) number on the title sheet of the plans and a copy of the erosion and sediment control plan shall be provided to the Land Development Division of the Public Works Department. 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).”
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 16 of 18
PARCEL MAP
11. Show all easements of record on the parcel map. 12. Prior to 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. 13. Pay the recording fees in effect at the time the parcel map and related documents are recorded.
Public Health Department Environmental Health Division
None. Cal Fire/Butte County Fire
14. Construction, installation, or development of buildings and/or roads, driveways, gates and
bridges on parcels/lots shall comply with current adopted California Fire Code and current
Butte County Improvement Standards, whichever is stricter. 15. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and 20 feet wide for commercial, and vertical clearance of 15 feet that will allow
for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of
all structures. Processing Fees
16. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees.
II. NOTATION
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.
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 17 of 18
ATTACHMENT B: VICINITY MAP
Butte County Department of Development Services
September 23, 2020 Agenda Report – Margaret Johnson TPM20-0002 Page 18 of 18
ATTACHEMENT C: TENTATIVE PAREL MAP