HomeMy WebLinkAbout21-174RESOLUTION DENYING THE APPEAL AND
DENYING THE TENTATIVE PARCEL MAP (TPM19-0002) FOR GEORGE NICOLAUS
WHEREAS, the applicant, George Nicolaus, has requested approval for a Tentative Parcel! Map (TPM19-00,02) to
divide 52.72 acres into four parcels (three at 1.011 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 at Anjou Court
and Magness Court, approximately 2,000 feet north of Wilson Landing Road, north and: west of Chico. Assessor Parcel
Numbers: 047-260-199 and 047-260-197. The property is located in the North Chico Specific Plan and is designated SR-
I/NCSP (Suburban Residential, 1 -acre minimum:/North Chico Specific Plan); zoned VLDR (Very Low Density Residential, 1 -
acre minimum); and is designated as Very Low Density Residential by the General Plan; the area directly east of State
Highway 99 is designated OS/NSCP (Open Space/North Chico Specific Plan); and is zoned RC (Resource Conservation); and
WHEREAS, the topography of the project site area is generally flat, with a gradual slope from northeast to
southwest. The nearest waterway is Keefer Slough, which is located approximately 750 feet northeast of the project site;
and
WHEREAS, the project site is located in a FEMA Flood Zone A (special flood hazard area subject to inundation by
the 1% annual flood chance, no base flood elevations determined) and unshaded Flood Zone X (areas to be determined
to be outside the 0.2% annual chance floodplain) as shown on National Flood Insurance Program Flood Insurance Rate
Map 0600700320 E, January 6, 2011; and
WHEREAS, the existing floodplain management maps and prior analysis conducted by the Federal Emergency
Management Agency (FEMA) and the California Department of Water Resources (DWR) in this area did not accurately
represent floodplain activities or accurately identify areas impacted by large storm events. This region is currently in the
process being updated by FEMA and DWR to remail existing flood zones to more accurately reflect current flood risks.
WHEREAS, on April 22, 2021 and May 20, 2021, the Butte County Planning Commission considered evidence and
testimony for TPM19-0:002 at duly -noticed public hearings; and
WHEREAS, on Mlay 20, 2021, the Butte County Planning Commission did not approve the Project by a majority
vote, but reached a tie vote of 2-2 which is deemed a denial of the project; and,
WHEREAS, on May 27, 2021, George Nicollaus (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 held on July 20, 2021, the Board of Supervisors considered the appeal
with the record as a whole including the record of the Planning Commission meetings; staff report; appellant's appeal,
evidence, and testimony; and evidence and testimony from public comment on the proposed project; and
WHEREAS, the record includes the following documents prepared by licensed Professional Engineers:
Letter dated November 27, 2019 from Don Trieu, Professional Engineer, MBK Engineers to Osha Meserve;
subject: Flood Comments on Proposed North Chico Specific Plan Development Projects
Technical Memorandum dated October 26, 2020 from Daniel Kerns, Professional Engineer, Provost and
Pritchard, subject: Nicolaus Family Trust, 2002 Preliminary Hydrology, Hydraulic and Flooding Analysis for K-1
Tentative Parcel Map.
Letter dated January 13, 2020 from Don Trieu, Professional Engineer, MBK Engineers to Osha Meserve, subject:
Comments on Butte County Board of Supervisors Agenda Item 5.05, January 14, 2020 — "Introduction and
Adoption of an Interim Urgency Ordinance Establishing a Temporary Moratorium on the Issuance of Building
Permits for New and Expanded Structures and Land use Approval within the North Chico Area'
Letter dated April 8, 2021 from Don Trieu, Professional Engineer, MBK Engineers to Osha Meserve, subject:
Comments on Butte County Notice of Intent to Adopt an Initial Study/Mitigated Negative Declaration (IS/MND),
Tentative Parcel Map TPM19-002
Letter dated April 12, 2021 from Daniel Kerns, Professional Engineer, Provost and Pritchard regarding TPM19-
002 — Response to MBK Engineers Letter of Comments on Butte County Notice of Intent to Adopt an Initial
Study/Mitigated Negative Declaration
WHEREAS, at the July 20, 2021 appeal hearing, the Board of Supervisors made a Motion of Intent directing staff
to prepare findings to deny the appeal and the project.
NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors hereby makes the following findings
and takes the following action:
The Board finds that the topography of the project site area is generally flat, with a gradual slope from
northeast to southwest. The nearest waterway is Keefer Slough, which is located approximately 750 feet
northeast of the project site. Keefer Slough experienced overtopping flows on a recurring basis. The areas in
which it overtopped in prior years were in undeveloped lands near the proposed project site. In 2019,
significant flooding occurred at multiple locations along Keefer Slough. One of the locations of this flooding
was the existing Autumn Park Subdivision, immediately adjoining the proposed project. The project site and
the existing Autumn Park Subdivision experienced shallow overbank flows that filled the existing retention
pond and backed up into the storm drain system of the two westerly cul-de-sacs of the subdivision, Anjou
Court and Magness Court. Residents of the Autumn Park Subdivision provided extensive written and oral
testimony of the flooding and danger to their homes, as well as photographs of the flooding.
II. The Board received hydrologic and hydraulic analysis (Technical Memorandum dated October 26, 2020 from
Daniel Kerns, Professional Engineer, Provost and Pritchard, subject: Nicolaus Family Trust, 2002 Preliminary
Hydrology, Hydraulic and Flooding Analysis for K-1 Tentative Parcel Map) that analyzed the potential for future
flooding in the area. While the analysis identified improvements that would result in local impacts to levels
"at or below pre -development levels", the analysis did not include a regional analysis of Keefer Slough and
possible water surface elevations of 100 -year recurrence interval channel events.
The Board of Supervisors hereby denies the appeal and denies Tentative Parcel Map TPM19-0002 pursuant
to Government Code section 66474(c) that provides the basis for denial of a parcel map if the site is not
physically suitable for the type of development. The Board of Supervisors finds that the project site is not
physically suitable for the type of development based on the following independent and separate reasons:
a. Prior occurrences of flooding in the area;
b. Inadequate analysis of 100 -year regional flood depths of Keefer Slough and the surrounding
floodplain resulting from the project;
c. Other historical flooding events and testimony regarding existing flooding and drainage problems
at the project site and surrounding area.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 9th day of November, 2021, by the following vote:
AYES: Supervisors Lucero, Ritter and Kimmelshue
NOES: Supervisor Teeter and Chair Connelly
ABSENT: None
NOT VOTING: None
Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
Andy Pickett, Chief Administrative Officer
and Cerl< of the Board of Supervisors
By:
Deputy