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HomeMy WebLinkAbout22-004AC614A FLTSTIW 1'V-!7159K1TT1A--S11'�1K - I I AND MODIFYING CONDITION NO. 16 • THE SHELTON/JACKSON TENTATIVE SUBDIVISION MAP (TSM20-0003) WHEREAS, the applicants, Matt Shelton and Mike and Julie Jackson, have requested approval for a Tentative Subdivision Map to subdivide 9.56 -acres, two parcels, into eight parcels of 1+ acres in size, located on the east side of Garner Lane, at the intersection of Garner Lane and Kittyhawk Drive, in the unincorporated area of Butte County, Assessor Parcel Numbers: 047-710-008 and 047-710-009; and WHEREAS, on October 28, 2021, the Butte County Planning Commission considered evidence and testimony on TSM20-0003, and approved the project by a 5-0 vote; and WHEREAS, the Planning Commission's decision to approve the project also, approved Condition No. 16, which requires street and frontage improvements along Garner Lane; and, WHEREAS, on November 5, 2021, Matt Shelton and Mike and Julie Jackson, filed an appeal of the Manning Commission's approval of Condition No. 16, in, accordance with Butte County Code (BCC) section 20-66; and WHEREAS, Condition No. 16 reflects the requirements for road construction; and WHEREAS, at a noticed public hearing held on December 14, 2021, the Board of Supervisors considered the applicant's appeal, evidence, and testimony on Condition No. 16; and WHEREAS, at the December 14, 2021 Board of Supervisors Hearing, a motion of intent was approved to grant the appeal with modifications to Condition No, 16, NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors, hereby takes the following action: L Grants the applicants request to modify the NCSP road standards for Garner Lane improvements per the following findings: A. That there are special circumstances or conditions of topography or size or shape or location or existing development affecting the property, which CirCLInIStanCeS, conditions or development existed at the time the application for the map was determined or deemed to be complete. The existing PG&E power poles limit the ability to widen the northbound lone along the parcel frontage from 12 to 18 feet. The applicant has agreed to widen the lone to 15 feet. Based on the existing improvements on portions of Garner Lone along the parcel frontage, the road standard, with the concurrence of Butte County Public Works, will be reduced from 5 -inch Type A Hot Mix Asphalt overlay to 3 -inch Type A Hot Mix Asphalt overlay. B. That the granting of the modification will not he detrimental to the public welfare or injUriOUS to other property in the territory in which the property is situated. The modification of Condition No, 16 will provide a consistent improvement to Garner Lane in the project area. The modification will not be detrimental or injurious to the general public or surrounding properties in the project vicinity. 11. Grants the appeal modifying Condition No. 16 for the matt Shelton and Mike and Julie Jackson Tentative Subdivision Map (TSM20-0003), as shown on Exhibit "A." PASSED AND ADOPTED by the Butte County Board of Supervisors this 11"' day of January, 2022, by the following vote: AYES: Supervisors Lucero, Ritter, Kimmelshue, Teeter and Chair Connelly NOES: None ABSENT: None NOT VOTING: None Bill Connelly, Chair Butte County Board of Supervisors ATTEST: Andy Pickett, Chief Administrative Officer and Clerk of the Board of Supervisors By: beput� Exhibit "A" Condition No. 16: Prior to recordation of the final map, construct or provide a performance, labor and material bond for construction of street frontage improvements on Garner Lane. Frontage improvements on Garner Lane shall be completed in accordance with either option 1 or option 2 as follows: Option 1: Construct a % + 12 foot street section along the entire property frontage in conformance with county improvement standard NCSP-3 (North Chico Specific Plan Type A -IV), 5" Type A Hot Mix Asphalt, 14" Class 2 aggregate base, prime coat, fog seal and 95% relative compaction. Option 2: Widen Garner Lane northbound to 15 -feet wide with 5 -inches Type A Hot Mix Asphalt over 14 -inches Class 2 aggregate base from the southerly edge of the property to the northerly edge of the property. Apply a 3 -inch Type A Hot Mix Asphalt overlay, 12 -feet wide on Garner Lane northbound from the southerly edge of the property to the northerly edge of the property. Apply a 3 -inch Type A Hot Mix Asphalt overlay over the entire road way, varying between 12 -feet wide and 23 -feet wide, on Garner Lane southbound from the southerly edge of the property to the northerly edge of the property.