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HomeMy WebLinkAboutTPM21-0005 Approval Letter Department of Development Services Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds February 16, 2022 Nicole Ledford 111 Mission Ranch Blvd. Suite 100 Chico, CA 95926 Re: Zoning Administrator Approval – TPM21-0005 (Dietz); APN: 063-130-024 Dear Applicant: At the Zoning Administrator meeting held on February 16, 2022, your request for a Tentative Parcel Map was approved. Should you desire to appeal the action of the Zoning Administrator, you must do so in writing, prior to 4:00 p.m., Monday, February 28, 2021 to the: Department of Development Services Planning Division 7 County Center Drive Oroville, California, 95965 The appeal fee of $737.45 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 Cc: Danny Dietz ATTACHMENT A: DRAFT ZONING ADMINISTRATOR DETERMINATION WITH CONDITIONS OF APPROVAL BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN22-0005 TENTATIVE PARCEL MAP TPM21-0005 (Danny Dietz) The project proposes to divide a 32.51± acre parcel, in the FR-5 (Foothill Residential – 5-acre minimum) zone and FR (Foothill Residential) General Plan designation, into four lots of 7.11±, 11.45±, 5.80±, & 8.13± acres, respectively. The subject parcel is undeveloped and fronts SR 32, a publicly- maintained paved highway, and Toll Gate Way, a privately-maintained paved roadway. The parcel frontage is unimproved without curb, gutter, and sidewalk. Future residences will be served by onsite well and septic systems. APN: 063-130-024 February 16, 2022 I. The Zoning Administrator has considered Section 15061 (b) (3) Common Sense Exemption in accordance with the California Environmental Quality Act (CEQA), and adopts the 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 Danny Dietz, Planning Division File No. TPM21-0005 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 TPM21-0005 for Danny Dietz, subject to the conditions found in Exhibit “A” and the following findings: A. The proposed map is consistent with the FR-5 (Foothill Residential, 5.0-acre minimum) zone. Proposed lots meet minimum parcel sizes and widths and support single-family residential development, consistent with the purpose of and allowed uses in the FR-5 zone (BCC sec. 24-18 (A) and sec. 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 FR-5 (5.0-acre minimum) zone. Existing and proposed single-family residences are consistent with the primary allowed land uses in the FR-5 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 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 15 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 four single-family residential dwellings would have a negligible effect on local or regional traffic. No such development is proposed at this time. Approved By: Curtis Johnson, Assistant Director Date: February 16, 2022 EXHIBIT A Tentative Parcel Map for Danny Dietz on APN: 063-130-024, File # TPM21-0005: The project proposes to divide a 32.51± acre parcel, in the FR-5 (Foothill Residential – 5-acre minimum) zone and FR (Foothill Residential) General Plan designation, into four lots of 7.11±, 11.45±, 5.80±, & 8.13± acres, respectively. The subject parcel is undeveloped and fronts SR 32, a publicly-maintained paved highway, and Toll Gate Way, a privately-maintained paved roadway. The parcel frontage is unimproved without curb, gutter, and sidewalk. Future residences will be served by onsite well and septic systems. I. CONDITIONS OF APPROVAL: Public Works Department A. STREETS 1. Prior to recordation of the parcel map, provide a fully executed road maintenance agreement for all non-publicly maintained access roads on the county approved form. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map stating: “In accordance with Civil Code Section 845, maintenance of the road as shown hereon shall be shared by those properties with a legal interest in it”. 2. Prior to recordation of the parcel map, demonstrate to the Department of Public Works that there is approved access conforming to county code to each parcel from a publicly maintained road. 3. Provide a cul-de-sac or building free turn around area designed and constructed as specified in the county improvement standards. The parcel map shall show the cul-de-sac or building free turn around area. 4. Prior to recordation of the parcel map, construct or provide a performance, labor and material bond for construction of the interior road in conformance with county improvement standard RS-8-LDII. Submit roadway improvement plans to the Land Development Division for approval prior to construction. If the existing condition of the Toll Gate Way meets RS-8- LDII, submit for approval an engineering report, signed and stamped by a licensed civil engineer, with adequate documentation indicating that the existing road condition (both physical geometry and design capacity) meets RS-8-LDII standard at minimum. Applicant to confirm with Caltrans whether or not an encroachment permit would be required for any improvement work on Toll Gate Way. 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. Public Health Department Environmental Health Division 1. Prior to recordation of final parcel map, show the following on the plat: location of MUWA for each parcel, proposed well locations, 50 ft. setback from cliff, SR 32 road easement setback, and a 50 ft. drainage setback. 2. Place the following comments on the final plat: “Maintain 50 ft. setback to septic from ditch to MUWA” “Maintain 50 ft. setback to septic from cliff” “Maintain setback from Highway 32 to MUWA” CAL FIRE/Butte County Fire 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations – Public Resources Code 4290, 4291, current adopted California Building and Fire Codes and current Butte County Improvement Standards, whichever is stricter. 2. Prior to building construction, provided an all-weather access of at least 10 feet wide for residential, and 20 feet wide for commercial, and 15 feet vertical clearance that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. 3. Place a note on a separate document, which is to be recorded concurrently with the Parcel of Final map, or on an additional map sheet stating, “Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. Butte County Agricultural Commissioner’s Office 1. Indicate 300 ft. Agricultural Buffer Setback for future development of residential structures on recorded parcel map. 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.