HomeMy WebLinkAbout20-134Resolution, No. 20-134
WHEREAS, the applicant's representative, Northstar Designing Solutions, appealed to remove Condition #9 of
approved Tentative Parcel Map TPM19-0004; and
WHEREAS, a duly noticed Zoning Administrator public hearing was scheduled for June 101, 2020; and
WHEREAS, the Zoning Administrator referred the project to the Planning Commission; and
WHEREAS, duly noticed Planning Commission public hearings were held on June 25, 2020 and July 23, 2020; and
WHEREAS, at the July 23, 20'20 Planning Commission hearing, the Planning Commission adopted the initial Study
and Mitigated Negative Declaration, denied the exception request and approved Tentative Parcel Map TPM19-0004; and
WHEREAS, applicant filed an appeal to remove, Condition of Approval #91 on July 30, 2020; and
WHEREAS, said appeal was referred to Butte County Public Works and the City of Chico, Public Works for review
and comments; and
WHEREAS, a duly noticed public hearing was held on September 29, 2020, during which, the Board of Supervisors
has considered public comments, the recommendation of the Planning Commission, and a report from the Planning
Division.
NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors hereby takes the following action
and makes the following findings:
Grants the appeal and approves, the removal of Condition #9 of approved Tentative Parcel Map TPM19-0004
based on the following findings:
1. The situation that appears to create a special circumstance is that the, frontage improvements were not
required when the building permit was issued. This resulted in the installation, of a concrete driveway and
a significant area of asphalt, which has been newly installed but would need to be removed to
accommodate the installation of curb, gutter, and sidewalk. This would place an unreasonable burden on
the applicant.
2. The removal ofCondition #9does not create any situations that are detrimental tothe public mrinjurious
to other property or territory in which the property is situated. The existing storm drain network in the
area issurface drainage that is carried by roadside ditches. Had the area been developed over the years
with underground storm drainage, there would have been a more compelling reason to install curb and
gutter. Furthermore, it would not be reasonable to require the installation ofunderground storm drain
conveyances for this two lot parcel map. The existing drainage infrastructure is consistent with the types
of drainage facilities, in the area and is adequate.
PASSED AND ADOPTED by the Butte Gmmrty Board of Supervisors thiis 29th day of September, 2020, by the
following vote:
AYES: Supervisors Connelly, Lucem,Ritter, Teeter, and Chair Lambert
NOES: None
Steve Lambe0air
Butte County Board of Supervisors
Shari McCracken, Chief Administrative Officer
and Clerk mfthe Board of Supervisors