HomeMy WebLinkAboutRA20-0002 ResolutionATTACHMENT A RESOLUTION PC21 -
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION FINDING THAT ABANDONMENT RA20-0002 (KAMARA) IS CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN
WHEREAS, the Planning Commission has considered Abandonment RA20-0002 for Amadu Kamara, to abandon a portion of the public service easement west of Fig Street between Gold Avenue and Lakeland Boulevard in Oroville in accordance with the Butte County General
Plan and California Government Code section 65402; and
WHEREAS, said abandonment was referred to various affected public and private
agencies, County departments, and referral agencies for review and comments; and
WHEREAS, a noticed public hearing was held on November 18, 2021; and
WHEREAS, the configuration of the proposed abandonment was modified per discussion between the applicant, adjacent property owners, County staff, and the Butte County Planning Commission as set forth under this resolution; and
WHEREAS, the 20’ public service easement between Lots 1 & 10 and the northern 10’
portion of the 20’ public service easement between Lots 2 & 9 of Block 15 of the Western Pacific Addition will be abandoned for Amadu Kamara, and the southern 10’ portion of the 20’ public service easement between Lots 2 & 9 will be abandoned for Russell Grimenstein; and
WHEREAS, the Planning Commission passed a “Motion of Intent” to reflect the modification, and a noticed public hearing was scheduled on December 9th, 2021; and
WHEREAS, the Planning Commission has considered a memorandum from the Department of Public Works and a report from the Department of Development Services, Planning Division.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING COMMISSION:
I.Finds this project is categorically exempt from the California EnvironmentalQuality Act (CEQA) provisions under Section 15305 of the CEQA Guidelines. Theproject abandonment is a minor alteration in land use limitations in areas with
average slopes of less than twenty percent.
A.Because the project is exempt from the provisions of CEQA, the paymentof fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5is not required.
B.The custodian of the record is the Department of Development Services.
The location of the record is 7 County Center Drive, Oroville CA 95965.
II.Reports to the Board of Supervisors at the request of Amadu Kamara that
abandonment of a portion of the public service easement west of Fig Street,
between Gold Avenue and Lakeland Boulevard, is consistent with the Butte County
General Plan as follows:
A.The abandonment request is consistent with the Butte County General
Plan because it does not conflict with any adopted element, goal, or policyof the General Plan or the General Plan designation of Medium DensityResidential.
Goal LU-G2 Provide for orderly, well-planned, and balanced growth thatmaintains private property rights.
LU-P2.2 Economic use and value of private property shall be maintained.
Existing roadways adequately serve the affected properties. The
Butte County Public Works Department has determined that there is no need for the subject public service easement to provide access in the future. The abandonment would not alter residential
access to residential uses along Bonite and Fig Streets, which are
privately maintained roadways.
Goal CIR-6 Support a balanced and integrated road and highway network that maximizes the mobility of people and goods in a safe, efficient
manner.
The current privately maintained roadway configuration, which would be slightly modified with approval of RA20-0002, provides access and mobility in a safe and efficient manner. No need has
been identified for the public service easement as a public right-
of-way, nor has any deficiency been identified with the existing
roadway pattern. The proposed abandonment will not have an adverse impact on the overall integrated road and highway network because no existing or planned improvements are located
within the subject easement.
Goal CIR-7 Develop a transportation system that is consistent with and will support existing and proposed patterns and densities of land use and that encourages efficient land utilization.
CIR-P7.2 Existing road capacity available within the County road system shall be used to serve future development, unless construction of a new road will enhance circulation opportunities.
RA20-0002 supports the existing residential land use pattern by
vacating and abandoning an existing public service easement that
is neither required for access to nearby residential uses nor is developed with utility infrastructure. The subject easement is not
identified in the Circulation Element of the Butte County General
Plan.
B.Existing roadways adequately serve affected properties. The Butte CountyPublic Works Department has determined that there is no need for thesubject public service easement to provide access to the public in the
future. The current physical road configuration most practically serves
the existing residences.
DULY PASSED AND ADOPTED this 9th day of December 2021, by the following vote:
AYES:
______________________________
Henry Schleiger, Chair Planning Commission County of Butte, State of California
NOES: ABSENT: ABSTAIN:
ATTEST:
_____________________________ Michal Hanson, Secretary Planning Commission County of Butte, State of California