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TO DENY TENTATIVE PARCEL MAP (TPM19-0002) FOR GEORGE NICOLAUS
WHEREAS, the applicant, George Nicolaus, has requested approval for a Tentative Parcel Map (TPM19-0002) to
divide 52.72 acres into four parcels (three at 1.01 acres and one at 1.19 acres) and a 48.5 -acre remainder parcel. The
project parcels are located on the east side of State Highway 99 and west of the Autumn Park Subdivision, approximately
2,000 feet north of Wilson Landing Road, north and west of Chico. Assessor Parcel Numbers: 047-260-1919 and 047-260-
197; and
WHEREAS, an Initial Study and Mitigated Negative Declaration was prepared for the Project, in accordance with
the California Environmental Quality Act (CEQA), which was circulated for a 30 -day review that was duly -noticed to
surrounding property owners and published in the Chico Enterprise Record; and,
WHEREAS, on April 22, 2021 and May 20, 2021, the Butte County Planning Commission considered evidence and
testimony for TPM19-0002 at duly -noticed public hearings; and
WHEREAS, on May 20, 2021, the Butte County Planning Commission denied the Project by a vote of 2-2; and,
WHEREAS, on May 27, 2021, George Nicolaus (Appellant/Applicant), filed an appeal of the Planning Commission's
denial, in accordance with Butte County Code (BCC) section 24-265 et seq.; and
WHEREAS, at a duly -noticed public hearing was held on July 20, 2021, at which the Board of Supervisors
considered the appellant'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:
Adopts a Mitigated Negative Declaration with the following findings:
An Initial Study was completed in compliance with CEQA. Said Study identified potentially significant
environmental effects and included mitigation measures that would mitigate such effects below
significant levels.
2. The Board of Supervisors has considered the Mitigated Negative Declaration, together with comments
received during the review process.
3. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any
comments received, there is no substantial evidence that the Tentative Parcel Map, Planning Division
File No. TPM19-0002, with conditions and mitigations here attached, would have a significant effect on
the environment.
4. The custodian of the record is the Department of Public Works. The location of the record is 7 County
Center Drive, Oroville CA 95965,
5. The Mitigated Negative Declaration reflects the independent judgment and analysis of Butte County,
which is the Lead Agency.
I!. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice
of Determination for the project, unless the project proponent provides verification from the California
Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not
paid for a project, the project will not be operative, vested or final and any local permits issued for the project
will be invalid (Section 711.4 (c)(3)).
III. Approves Tentative Parcel Map TPM19-0002 subject to the following findings and the conditions of approval
found in Exhibit "A":
A. The proposed map is consistent with the Very Low Density Residential 1 -acre minimum zone and with the
Very Low Density Residential General Plan land use designation.
B. The proposed map is consistent with the Suburban Residential 1 -acre minimum (SR -1) zoning of the North
Chico Specific Plan.
C. The proposed map is substantially consistent with applicable Goals and Policies of the Butte County
General Plan and the North Chico Specific Plan based on a consistency review in the April 22, 2021
Planning Commission staff report.
D. The proposed map includes residential setbacks per the requirements of Butte County Zoning Code §24-
56.1 (Residential Setback from Orchards and Vineyards). The setback was determined in consultation with
the Agricultural Commissioner's Office.
E. The design and improvements of the proposed parcel map are consistent with County standards and
policies provided all conditions of project approval are complied with.
F. The project site is physically suitable for the use and density of the proposed development.
G. The proposed project's initial study/mitigated negative declaration analyzed potential environmental
impacts to both plants and wildlife and determined that with included mitigations the project would not
cause substantial environmental impacts.
H. 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 subdivision map provided the attached
conditions are met.
I. The project parcels are located outside the Urban Flood Protection Overlay Zone.
J. The project site is not located within an earthquake fault zone.
K. 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.
L. The future residents of the project site would not be exposed to any significant impacts related to
agricultural practices.
M. The roads in the project area have the capacity to handle the increase in vehicular traffic generated by
the project.
N. There is no substantial evidence in the whole record to support any of the findings in Government Code
§66474 requiring denial of the Tentative Parcel Map.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 20" day of July, 2021, by the following vote:
AYES: Supervisors Lucero, Ritter and Kimmelshue
NOES: Supervisor Teeter and Connelly
ABSENT: None
ABSTAIN: None
Bill Connelly, Chair 01
Butte County Board of Supervisors
Andy Pickett, Chief Administrative Officer
and Cjerk of the Board of Supervisors
By:
Deputy