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MAP (TPM19-0009)
WHEREAS, the applicant, Gini Piero, has requested approval for a Tentative Parcel Map to subdivide a 10.04 -acre
property into two parcels of 5.02 acres, located on the north side of Bryden Way at the northeast corner of the Bethridge
Road intersection of the Locatelli Subdivision (Lot 21), in the unincorporated area of Butte County, Assessor Parcel
Number: 027-010-025; and
WHEREAS, on September 24, 2020, the Butte County Planning Commission considered evidence and testimony
on TPM19-0009, and approved the project by a 5-0 vote; and
WHEREAS, the Planning Commission's decision to approve the project also approved Condition No. 22, which
states: "Prior to Parcel Map recording, obtain an encroachment permit and improve the existing road encroachment of
Bryden Way onto Dunstone Drive or Bethridge Road onto Dunstone Drive to the County's 5-18A standard, as specified in
the county improvement standard and the terms of the encroachment permit.'., and,
WHEREAS, on November 20, 2020, Gini Fiero, filed an appeal of the Planning Commission's approval of Condition;
No. 22, in accordance with Butte County Code (BCC) section 20-66 et seq., based on: 1) the property owners of the original
subdivision improved the roads and encroachments; 2) the subsequent property owners have neglected to maintain the
roads in proper repair, therefore causing the conditions of the road to become what they are today; and 3) the estimated
cost of required improvements are nearly the same value of the subject property; and
WHEREAS, at a noticed public hearing on January 12, 2021, the Board of Supervisors considered the applicant's
appeal, evidence, and testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors hereby takes the following
actions and makes the following findings:
Findings of consistency contained in Butte County Code section 20-66(d):
1. The proposed change in the conclition(s) will not adversely affect or cause a modification of the findings
and determination made in the environmental review process.
The creation of one additional parcel will not adversely affect traffic circulation or otherwise adversely
affect the environment. All other conditions and findings related to the Planning Commission's approval
of TPM19-0009, will remain.
2. The proposed change in the condition(s) will not bring about an inconsistency to the general plan, or to
the zone or to any specific plans for the property in questions.
The Planning's Commission findings related to the project's consistency with the General Plan and zoning
will not be affected with the removal of Condition No. 22.
3. The facts are presented giving good and sufficient reason why the conditioni(s) in question were not
appealed within the ten (10) day period.
Additional time was required by the appellant to gather the necessary supporting evidence, including
obtaining a cost estimate of said improvements required by the condition.
4. The parcel map or final map or other required documents have not been recorded.
The parcel map associated with TPM19-0009 has not been recorded.
IL Approves the appeal of Condition No. 22, of the Tentative Parcel Map for Fiero (TPM 19-0009), subject to the
following findings:
vote:
1. The requirement of Condition No. 22 to construct offsite improvements prior to recording the parcel map
violates California Government Code section 66411.1, which restricts the imposition of offsite
improvements for parcel maps until the resultant parcel is developed.
2. The costs associated with the requirement to make offsite improvements to a public road connection
exceeds the value of the resultant parcel created by the Project, and therefore Condition No. 22 is not a
reasonable requirement as required under the State Subdivision Map Act.
3. The proposed creation of one additional parcel for the future development of a single-family residence
would not generate traffic levels that cause a substantial impact to the area roadways.
4. Offsite improvements under Condition No. 22 would largely benefit the landowners of the Locatelli
Subdivision that currently use Bryclen Way and Bethridge Road to access, their properties, and the
requirement is not proportional to the project's traffic contribution to the area roadways.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 12" day of January, 2021, by the following
AYES: Supervisor Lucero, Ritter, Kimmelshiue, Teeter, and Chair Connelly
NOES: None
ABSENT: None
ABSTAIN: None B�U,
Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
Andy Pickett, Chief Administrative, Officer
and Clerk of the Board of Supervisors
By:
Deput'r//