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HomeMy WebLinkAboutTPM20-0013 Approval Letter Department of Development Services Paula M. Daneluk, AICP, Director Pete Calarco, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds July 14, 2021 Kristine M. Busse-Dohm 75 Sunshine Road Chico, CA 95973 Re: Zoning Administrator Approval – TPM20-0013 (Kristine M. Busse-Dohm); APN: 047-300-114 Dear Applicant: At the Zoning Administrator meeting held on July 7, 2021, your request for a Tentative Parcel Map was approved. Should you desire to appeal any of the decision by the Zoning Administrator, you must do so in writing, prior to 4:00 p.m., Monday, July 26, 2021 to the: Department of Development Services Planning Division 7 County Center Drive Oroville, California, 95965 The appeal fee of $674.00 must be paid at that time. If you do not appeal within the 10 calendar-day appeal period, the action of the Zoning Administrator 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 (916) 849-9929, or by email at aforde@buttecounty.net between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Austin Forde, Assistant Planner /Enclosure/ ATTACHMENT A: DRAFT ZONING ADMINISTRATOR DETERMINATION WITH CONDITIONS OF APPROVAL BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN20-XXXX TENTATIVE PARCEL MAP TPM20-0013 (Kristine M. Busse-Dohm) The project proposes to divide a 5.43-acre parcel, in the VLDR (Very Low Density Residential – 1.0-acre minimum) zone, VLDR (Very Low Density Residential) General Plan designation, and SR-1 (Suburban Residential - 1.0 acre minimum) North Chico Specific Plan zone, into two lots of 4.38 and 1.048 acres. The subject parcel contains a residence, pool, pool house, agricultural buildings, and multiple accessory structures. The subject parcel fronts Sunshine Road, a privately maintained paved road. The parcel frontage is unimproved without curb, gutter, and sidewalk. Future residences will be served by existing onsite well and septic systems. APN 047-460-031 July 7, 2021 I. The Zoning Administrator has considered Section 15061 (b) (3) Common Sense Categorical Exemption in accordance with the California Environmental Quality Act (CEQA), and adopts the Categorical Exemption with the following findings: A. Section 15061 (b) (3) applies to projects which can be seen with certainty that there is no possibility that the activity may have significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. B. On the basis of the whole record before the Zoning Administrator, there is no substantial evidence that the Tentative Parcel Map for Kristine M. Busse-Dohm, Planning Division File No. TPM20-0013 would have a significant effect on the environment. 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. II. Approves Tentative Parcel Map TPM20-0013 for Kristine M. Busse-Dohm, 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 zone (BCC Section 24-18E and Section 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) and SR-1(1.0-acre minimum) zones. Existing and proposed single-family residences are consistent with the primary allowed land uses in the VLDR and SR-1 zones. 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 map. F. The project site is not located within an earthquake fault zone. There is only one known active fault within Butte County and it is located approximately 28 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 addition of one residential dwelling would have a negligible effect on local or regional traffic. Approved By: Pete Calarco, Assistant Director Date: July 7, 2021 EXHIBIT A Tentative Parcel Map for Kristine M. Busse-Dohm on APN 047-460-031, File # TPM20-0013: A request to divide a 5.43-acre parcel, in the VLDR (Very Low Density Residential – 1.0-acre minimum) zone, VLDR (Very Low Density Residential) General Plan designation, and SR-1 (Suburban Residential - 1.0 acre minimum) North Chico Specific Plan zone, into two lots of 4.38 and 1.048 acres. The subject parcel contains a residence, pool, pool house, agricultural buildings, and multiple accessory structures. The subject parcel fronts Sunshine Road, a privately maintained paved road. The parcel frontage is unimproved without curb, gutter, and sidewalk. Future residences will be served by existing onsite well and septic systems. I. CONDITIONS OF APPROVAL: Planning Division 1. Prior to recordation of the parcel map, show a 300’ agricultural buffer setback for residential structures on the map, applied from the lot line between the subject parcel and the adjacent parcel to the north (APN: 047-330-010). Non-residential structures may be constructed within this buffer pursuant to zoning setbacks. Public Works A. STREETS 1. All access rights shall be reserved by deed per county ordinance, offered for dedication, and depicted on the parcel map. Place the following note on the parcel map: “approved road name is a nonexclusive easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered for dedication to the County of Butte.” B. DRAINAGE 1. Prior to the recordation of the parcel map an engineered plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how stormwater runoff will be attenuated on site by detention facilities and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide developed condition peak flow discharge not greater than 90% of the pre- development condition for all storm events, and no increase in stormwater volume over the design storm duration to said channel or facility. Detention facilities must either discharge to receiving channel with no backwater from the channel, or attenuate full stormwater volume onsite. Backwater condition is present when detention facility, with gravity flow, has an outlet elevation at or below the approved 100 year water surface elevation of the receiving channel. If used, stormwater pumps shall have redundant pump systems, back-up power, and discharge control mechanism(s) to prevent discharge during high flow events in receiving channel. If leach trenches are designed to retain stormwater runoff from a 100 year storm event, the soil saturated hydraulic conductivity (Ksat) shall be used as the soil percolation rate. Prior to final improvement inspection, the design dimensions and volume of detention facilities shall be confirmed using topographic land survey by the engineer of record 2. Prior to the recordation of the parcel map, and until a FEMA flood zone is established with base flood elevations in this basin, the lowest floor elevations for any structures shall be either two (2) feet above the applicant submitted and the department approved 100-year floodplain elevation, or four (4) feet above the highest adjacent grade. Show on the additional map sheet the final grade elevations (by contours), of the approved 100 year water surface elevations, or the minimum finished floor elevations, and the location of an accepted NVGD (National Vertical Geodetic Datum) benchmark and a temporary benchmark on-site. 3. Prior to recordation of the parcel map in accordance with Butte County Code Section 26-25 either: a. Show or note the existing regulatory flood plain on the map; or b. Establish the regulatory flood plain and then show it on the map. C. COMPLIANCE WITH BUTTE COUNTY STORMWATER ORDINANCE Developments located inside Butte County MS4 permitted area: 1. Construction Phase: Prior to issuing a grading or a building permit, or prior to approval of improvement plans, submit an erosion and sediment control plan (ESCP) to Public Works department for approval. ESCP shall contain site-specific construction site Best Management Practices (BMPs). BMPs included in the ESCP must be in accordance with Section 50-19 of County Code, and/or consistent with the California Stormwater Quality Association BMPs. Revisions to an approved ESCP must be resubmitted for Department of Public Works approval prior to commencing with site work. A Storm Water Pollution Prevention Plan (SWPPP) developed pursuant to the construction stormwater general permit (CGP) may be submitted in lieu of the ESCP. Add a note on a map sheet that states: “Development activities resulting in soil disturbance shall submit an erosion and sediment control plan (ESCP) to the Department of Public Works for approval. ESCP shall contain appropriate site-specific construction site BMPs.” 2. Construction Phase: Coverage under the stormwater Construction General Permit (CGP) will be required by the State Water Resources Control Board if development activities result in ground disturbance, including clearing, excavation, filling, and grading of one or more acres or disturb less than one acre but are part of a larger common plan or development. Coverage under this General Permit must be obtained from the State Water Resources Control Board prior to starting construction. If coverage under the CGP is required, engineering plans shall show the Waste Discharge Identification (WDID) number on the title sheet of the plans and a copy of Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Land Development Division of the Public Works Department. Submit with improvement or grading plans the estimated areas to be disturbed to the Department of Public Works for consistency with the SWPPP. Additionally, place a note on a map sheet that states: “The development of this parcel (or subdivision) map required coverage under the Stormwater Construction General Permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require coverage under this permit. Development of individual lots may require an additional permit coverage.” 3. Post Construction: Implement post-construction Best Management Practices (BMPs) consistent with State Water Resources Control Board Order 2013-0001-DWQ to control the volume, rate, and potential pollutant load of stormwater runoff, including, but not limited to, requirements to minimize the generation, transport and discharge of pollutants. Develop and submit a Post Construction Stormwater Management Plan (PCSMP) that identifies BMP stormwater treatment system(s) designed to reduce or eliminate stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment system(s) and/or hydromodification measures. Design and sizing requirements shall comply with the Post-Construction Stormwater Management Program (section E.12) requirements of State Water Resources Control Board Order 2013-0001-DWQ. Hydromodification measures are required for Regulated Projects that create and/or replace one acre or more of impervious surface. The Department of Public Works approval of the PCSMP is precedent to improvement plan approval. Regulated projects are defined in State Water Resources Control Board Order 2013-0001-DWQ and are generally considered as new and redevelopment projects on public or private land that fall under the planning and permitting authority of the and are within the MS4 area that create or replace greater than or equal to 5,000 square feet of impervious area, excluding: a) detached single family residences that are not part of a common plan of development; b) interior remodels; c) routine maintenance or repair; or d) a Linear Underground/Overhead Utility Projects unless the project has a discrete location of that has 5,000 square feet or more of newly constructed contiguous impervious area. 4. Post Construction: Prior to improvement plan approval, Regulated Projects shall submit a Stormwater Facilities Operations and Maintenance (O&M) Plan that identifies the operations, maintenance, and inspection requirements of all stormwater Best Management Practices (BMPs) treatment system(s) and hydromodification measures identified in the approved PCSMP. All public and private stormwater treatment system(s) and hydromodification measures shall be protected, inspected, and maintained to ensure continuous and fully effective performance as designed. A maintenance and inspection schedule for both dry and wet season BMPs shall be in writing, and a record shall be kept that includes the dates of inspection or maintenance, whether BMPs were inspected or maintained, a description of any maintenance activity, and the name of the inspector or maintenance foreman. Place a note on a map sheet to state: “The owners or operators of facilities required to implement post-construction BMPs shall enter into a written maintenance agreement with the County or other formal maintenance entity such as a County Service Area, Home Owners Association for maintenance of such features. Regulated Projects shall grant site access to Butte County or other formal maintenance entity for the sole purpose of implementing and performing measures in the O&M plan for the installed stormwater treatment system(s) and hydromodification measures.” 5. Post Construction: Stormwater Trash Treatment Control Devices BMPs: Prior to final improvement inspection, Install stormwater trash treatment control devices (Devices). Devices installed shall meet Full Capture System requirements and shall be designed in accordance with the following criteria: i. Appropriately sized to treat not less than the peak flowrate resulting from a 1-year, 1-hour storm event (design storm) or at least the same peak flows from the corresponding storm drain; ii. Do not bypass trash below the design storm under maximum operational loading conditions; and iii. Do not bypass trash below the design storm under maximum operational loading conditions; and Location(s) and specifications of Devices selected shall be shown on improvement plans. Devices shall be certified by the State Water Resources Control Board prior to installation. Prior to installation of any certified Devices, the local mosquito vector control district should be contacted to ensure the installation conforms to the District’s visual inspection, treatment, and vector breeding minimizing guidelines. Devices shall be protected, inspected, and maintained to ensure continuous and fully effective performance as designed. Place a note on a map sheet to state: “The owners or operators of facilities required to install trash treatment control devices shall enter into a written maintenance agreement with the County or other formal maintenance entity such as a County Service Area, Home Owners Association for maintenance of such devices.” When leach trenches are used to retain 100% of stormwater runoff on-site, trash treatment control devices are not required. D. Parcel Map 1. Show all easements of record on the parcel map. 2. 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. 3. Pay the recording fees in effect at the time the parcel map and related documents are recorded. 4. Prior to recordation of the parcel map, pay North Chico Specific Plan Area development impact fees per Article XVII, Chapter 3 of Butte County Code. 5. Prior to recordation of the parcel map, pay all applicable assessments established by affected assessment districts, in full. Public Health Department Environmental Health Division 1. Prior to recordation of the parcel map, indicate the parcels’ Minimal Usable Wastewater Area (MUWA) on the tentative map. 2. Prior to recordation of the parcel map, show the location of both parcels’ wells on the tentative map. 3. Prior to recordation, place a note on an additional map sheet indicating that “Future well development will require nitrate testing”. Cal Fire/Butte County Fire 1. Construction, installation, or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the current adopted California Fire Code and current Butte County Improvement Standards, whichever is stricter. 2. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and 20 feet for commercial, and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. 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.