Loading...
HomeMy WebLinkAboutTPM21-0003 Approval LetterDepartment of Development Services Paula M. Daneluk, AICP, DirectorPete Calarco, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds September 23, 2021 Merry and Robert Grisak 364 Ward Boulevard Oroville, CA 95966 mlgrisak@gmail.com Re: Planning Commission Approval – TPM21-0003 (Grisak); APN: 068-130-026 Dear Applicant: At the Planning Commission meeting held on September 23, 2021, your request for a Tentative Parcel Map and exception request was approved. Should you desire to appeal any of the decision by the Planning Commission, you must do so in writing, on the appropriate form, prior to 5:00 p.m., Monday, October 4, 2021 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $746.00 must be paid at that time. If you do not appeal within the 10 calendar-day appeal period, the action of the Planning Commission 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 530.552.3685, or by email at tweems@buttecounty.net between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Tristan Weems, AICP Associate Planner Cc: Mike Evans, Designer /Enclosure/ ATTACHMENT A: PLANNING COMMISSION RESOLUTION WITH CONDITIONS OF APPROVAL RESOLUTION RESOLUTION No. PC21-12 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING AN EXCEPTION REQUEST TO IMROVEMENT STANDARDS AND TENTATIVE PARCEL MAP TPM21-0003 (Robert and Merry Grisak) WHEREAS, the Planning Commission has considered Tentative Map TPM21-0003 by Robert and Merry Grisak to split their 8.81 acre Very Low Density Residential parcel into three parcels; and WHEREAS, said tentative parcel map application was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on September 23, 2021; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I.Finds this project is exempt from the California Environmental Quality Act (CEQA) provisions under Section 15061 (b) (3) Common Sense Exemption in accordance with theCalifornia Environmental Quality Act (CEQA), and adopts the Exemption with the followingfindings: 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, nor isit located within Agricultural Land. The site has been disturbed and does not containany cultural resources, nor is it near or adjacent to a creek or waterway, it does notcontain oak woodlands, has been previously developed, is relatively flat (sloping forty feet across the entire 8.81 acre parent parcel). The parent parcel is not located within the Watershed Protection Overlay zone, nor isit near any identified fault lines, there is a low to moderate risk of landslide andmoderate risk of erosion hazard potential. The parent parcel is located in FEMA floodzone “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 Robert and Merry Grisak,Planning Division File No. TPM21-0003 would have a significant effect on theenvironment. 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. D. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. II. Approves an Exception request pursuant to Butte County Code Section 20-4, with the following findings: 1. There are special circumstances or conditions of topography or size or shape or location or existing development affecting the property, which circumstances, conditions or development existed at the time the application for the map was determined or deemed to be complete. The resultant lots will each maintain the Single Family dwelling use and no new net development is proposed. All development is existing, no new development is proposed, in addition it is not anticipated that the proposed parcel division will increase traffic volume and there are no similar existing urban improvements in the vicinity of the project site. 2. Granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The existing paved road width and condition is adequate for the existing improvements on the proposed parcels, as determined by Butte County Public Works and the City of Oroville. III. Approves Tentative Parcel Map TPM21-0003 for Robert and Merry Grisak, subject to the conditions found in Exhibit “A” and the following findings: A. The proposed map is consistent with the VLDR (Very Low Density Residential, 1.0-acre minimum) zone. Proposed lots meet minimum parcels sizes and will support single-family residential development, consistent with purpose and allowed uses in the VLDR 1.0 zone (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 (1.0-acre minimum) zone. Existing 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, the Cleveland Hills Fault, within Butte County and it is located approximately 2 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 creation of two new lots with no additional residences proposed provides a negligible effect on local or regional traffic. DULY PASSED AND ADOPTED this 23th Day of September 2021, by the following vote: AYES: Commissioners Donati, Hansen, Roethler, Flicker and Chair Schleiger NOES: ABSENT: ABSTAIN: ______________________________ Henry Schleiger, Chair Planning Commission County of Butte, State of California ATTEST: _____________________________ Michal Hanson, Secretary Planning Commission County of Butte, State of California EXHIBIT A Tentative Parcel Map for Robert and Merry Grisak on APN 068-130-026, File # TPM21-0003: The project proposes to divide an 8.81-acre parcel, in the VLDR (Very Low Density Residential – 1.0-acre minimum) zone and VLDR (Very Low Density Residential) General Plan designation, into three lots (1.1, 1.1 and 6.1 acres each). The project will result in the creation of two net new parcels. The parent parcel is zoned Very Low Density Residential (VLDR 1.0 acre minimum) and located on the southwestern corner of Ward Boulevard and Canyon Drive in Oroville. I. Conditions of Approval: Planning Division 1. Prior to recordation of the Parcel Map, the Applicant must demonstrate a 20’ setback from all property lines to the nearest structures, including the three remaining residences. Public Works A. STREETS 2. Prior to recordation of the parcel map, deed to Butte County in fee simple 30 feet of right-of- way from the physical centerline of Canyon Dr. and Ward Blvd. along the entire property frontage. 3. Prior to recordation of the parcel map, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the county improvement standards and the terms of the encroachment permit. Driveways shall be installed away from the Canyon Dr. and Ward Blvd intersection such that to provide safe traffic movement. B. PARCEL MAP 4. Show all easements of record on the parcel map. 5. 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. 6. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Public Health Department Environmental Health Division 7. Place a note on the approved Map: Reserve area has been identified by test pits for parcel 1 and parcel 2. Both reserve areas must be mound systems sized for a minimum three-bedroom home. The mound basal area is 1,800 square feet due to a 0.2 application rate and the mound infiltration area is 410 square feet due to a 1.0 application rate. Cal Fire/Butte County Fire 8. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 9. Prior to recordation of the parcel map applicant must comply with Cal Fire/Butte County Fire standard that if within 1000’ or closer of a fire hydrant, applicant may forego hydrant installation and payment shall be made into the South Feather Water and Power hydrant fund at the current rate per lineal foot of street frontage. Processing Fees 10. 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.