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HomeMy WebLinkAboutTPM21-0001 Approval Letter Department of Development Services Paula M. Daneluk, AICP, Director Pete Calarco, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds July 30, 2021 Sherrie Slagle 3874 Foothill Boulevard Oroville, CA 95966 Re: Zoning Administrator Approval – TPM21-0001 (California Engineering Company); APN: 079-270-071 Dear Applicant: At the Zoning Administrator meeting held on July 28, 2021, your request for a Tentative Parcel Map was approved. Should you desire to appeal any of the decision by the Zoning Administrator, you must do so in writing, prior to 4:00 p.m., Monday, August 9, 2021 to the: Department of Development Services Planning Division 7 County Center Drive Oroville, California, 95965 The appeal fee of $674.00 must be paid at that time. If you do not appeal within the 10 calendar-day appeal period, the action of the Zoning Administrator is final. Once the approval has become final, please contact the Butte County Public Works Department to complete the conditions of approval and record the Parcel Map. Public Works is located at 7 County Center Dr., Oroville, CA 95965, or can be reached by phone at 530.538.7681. Should you have any questions regarding this matter, please contact me at (916) 849-9929, or by email at aforde@buttecounty.net between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Austin Forde, Assistant Planner /Enclosure/ ATTACHMENT A: DRAFT ZONING ADMINISTRATOR DETERMINATION WITH CONDITIONS OF APPROVAL BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN21-0012 TENTATIVE PARCEL MAP TPM21-0001 (California Engineering Company, Inc.) The project proposes to divide an 18.0-acre parcel, in the RR-5 (Rural Residential – 5.0-acre minimum) zone and RR (Rural Residential) General Plan designation into two lots of approximately 12.0 and 6.0 acres. The subject parcel contains two permitted single-family dwellings and four accessory structures. The subject parcel fronts Foothill Boulevard, a County-maintained paved road. The parcel frontage is unimproved without curb, gutter, and sidewalk. Future residences will be served by existing onsite well and septic systems. APN 079-270-071 July 28, 2021 I. The Zoning Administrator has considered Section 15061 (b) (3) Common Sense Exemption in accordance with the California Environmental Quality Act (CEQA), and adopts the Exemption with the following findings: A. Section 15061 (b) (3) applies to projects which can be seen with certainty that there is no possibility that the activity may have 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. B. On the basis of the whole record before the Zoning Administrator, there is no substantial evidence that the Tentative Parcel Map for California Engineering Company, Inc., Planning Division File No. TPM21-0001 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 TPM21-0001 for California Engineering Company, Inc., subject to the conditions found in Exhibit “A” and the following findings: A. The proposed map is consistent with the RR-5 (Rural Residential, 5.0-acre minimum) zone. Proposed lots meet minimum parcel sizes and widths and support single-family residential development, consistent with the purpose of and allowed uses in the RR-5 zone (BCC sec. 24-18 C and sec. 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 RR-5 (5.0-acre minimum) zone. Existing and proposed single-family residences are consistent with the primary allowed land uses in the RR-5 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 map. 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 5 miles to the northeast. 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 one or two residential dwellings would have a negligible effect on local or regional traffic. No such development is proposed at this time. Approved By: Pete Calarco, Assistant Director Date: July 28, 2021 EXHIBIT A Tentative Parcel Map for California Engineering Company, Inc. on APN 079-270-071, File # TPM20-0001: A request to divide an 18.0-acre parcel, in the RR-5 (Rural Residential – 5.0-acre minimum) zone and RR (Rural Residential) General Plan designation into two lots of approximately 12.0 and 6.0 acres. The subject parcel contains two permitted single-family dwellings and four accessory structures. The subject parcel fronts Foothill Boulevard, a County-maintained paved road. The parcel frontage is unimproved without curb, gutter, and sidewalk. Future residences will be served by existing onsite well and septic systems. I. CONDITIONS OF APPROVAL: Public Works A. STREETS 1. 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 nonexclusive 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.” 2. Prior to recordation of the parcel map, demonstrate to the Department of Public Works that there is approved access conforming to county code to each parcel from a publicly maintained road. 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 5. It appears that egress/ingress location onto Windfall Way and the unnamed road don’t provide adequate sight distance. Prior to recordation of the parcel map, remove and/or trim bushes and trees along the parcel frontage on Foothill Blvd to ensure adequate sight distance at egress/ingress locations in accordance to the latest version of Caltrans Highway Design Manual. Prior to parcel map approval, dedicate a sight distance easement at the unnamed road. C. COMPLIANCE WITH BUTTE COUNTY STORMWATER ORDINANCE Developments located outside Butte County MS4 permitted area: 1. Coverage under the stormwater Construction General Permit (CGP) 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 or disturbs less than one acre but are part of a larger common plan or development. Coverage under this General Permit must be obtained from the State Water Resources Control Board prior to starting construction. If coverage under the CGP is required, engineering plans shall show the Waste Discharge Identification (WDID) number on the title sheet of the plans and a copy of Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Land Development Division of the Public Works Department. Submit with improvement or grading plans the estimated areas to be disturbed to the Department of Public Works for consistency with the SWPPP. Additionally, place a note on a map sheet that states: “The development of this parcel (or subdivision) map required coverage under the Stormwater Construction General 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 coverage under this permit. Development of individual lots may require an additional permit coverage.” D. PARCEL MAP 1. Show all records of easement on the parcel map. 2. 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. 3. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Public Health Department Environmental Health Division 1. Prior to recordation, place the following note on the parcel map: “Existing ditch is cement-lined and requires a 50-foot setback for all structures”. Agricultural Commissioner’s Office 1. New residential development will be subject to a review under BCC sec. 24-56.1 – Residential Setback from Orchards and Vineyards. 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.