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Butte County Department of Development Services
September 21, 2022 Agenda Report – Royal TPM22-0005 Page 1 of 18
BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – September 21, 2022
Applicant: Larry Royal Location: The project site has the situs
address of 2552 Clark Road,
Butte Valley, CA 95965, and
is located east of Clark Road, approximately 10 miles north of the City of Oroville via
SR-191 & SR-70.
Owners: Larry Royal
File #: TPM22-0005
Request: Tentative Parcel Map to divide a 305± acre property into four parcels (40±, 40±, 120±, and 100± acres).
Supervisor District: 5
Parcel Size: 305± acres
Planner: Austin Forde
Assistant Planner
G.P.: Agriculture, Retail Attachments
Zoning: AG-40 (Agriculture, 40 acre minimum)
G-C (General Commercial,
10,000 sq. ft. minimum)
A: Draft Zoning Administrator
Decision with attached Conditions of Approval
Zone Date: November 6, 2012 (AG-40) &
August 25, 2020 (G-C)
B: Vicinity Map and Zoning Map
APN: 041-120-134 C: Tentative Parcel Map
RECOMMENDATION
Staff recommends the Zoning Administrator adopt a CEQA Guidelines Section 15061 Common Sense Exemption pursuant to the California Environmental Quality Act (CEQA) and approve the Tentative Parcel Map, subject to the findings and conditions in Attachment A of this report.
EXECUTIVE SUMMARY
The project proposes to divide a 305± acre property, encompassing both an AG-40 and G-C zone, and both Agriculture and Retail General Plan designations, into four lots of 40± to 120± acres. The subject parcel is developed with a n existing commercial use called the “Earthworm Soil Factory”, a
retail farm store.
The subject parcel fronts on Clark Road/SR-191 and Durham-Pentz Road. The parcel frontage is unimproved without curb, gutter, and sidewalk. Resultant Parcel 1 will encompass the existing
commercial use and retain access from Clark Road, while Resultant Parcel 2 will have access from a
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September 21, 2022 Agenda Report – Royal TPM22-0005 Page 2 of 18
separate, future encroachment. Resultant Parcels 3 & 4 will have access from a future shared encroachment from Durham-Pentz Road.
PROJECT DESCRIPTION:
Direction General Plan Designation Zoning Existing Land Use(s)
North Agriculture, Retail AG-40, G-C Commercial
East Agriculture AG-40 Residential, Agricultural
South Agriculture AG-160 Agricultural
West Rural Residential, Retail RCR-10, G-C Vacant, Telecommunications
• The project proposes to divide a 305± acre property, encompassing 304± acres of AG-40 and 1.16± acres of G-C zoning, with Agriculture and Retail General Plan designations, into four lots
of 40± acres, 40± acres, 120± acres, and 100± acres.
• The subject parcel in its current configuration was created by Lot Line Adjustment (Reference
Number #LLA19-0019), recorded on November 10, 2020, in which 1.16± acres of G-C zoning (rezoned by GPA/REZ19-0002) was exchanged between the adjacent lot to the northwest, APN: 041-120-128, and the subject parcel under a previous APN: 041-120-129.
• The subject parcel lies at the intersection of Clark Road/SR 191 and Durham-Pentz Road, both County-maintained public roads. The parcel frontage is unimproved without curb, gutter, and
sidewalk.
• The subject parcel is currently developed with a commercial use, the Earthworm Soil Factory,
encompassing a store building and a number of accessory structures.
• Future residential development will be served by on-site wells and septic systems. Existing
well and septic systems upon Resultant Parcel 1 will continue serving the commercial use. Individual well and septic systems will serve future residential uses upon Resultant Parcels 2, 3 & 4, with Minimum Usable Wastewater Areas to be located outside of riparian setbacks indicated on the plat.
• The subject parcel is prima rily zoned Agriculture and adjoins Agriculturally-zoned parcels to
the north, east, and south. Future residential development will be subject to a 300 ft. agricultural buffer per Butte County Code sec. 24-83 – Agricultural Buffer Setbacks. The Butte County Ag. Commissioner’s Office has conditioned that this setback be indicated from existing and newly-created property lines on the final recorded map. Residential building sites are
available outside of the applicable 300 ft. Agricultural Buffer.
• No portions of the subject parcel are located within any specific plan, overlay zone, Airport
Compatibility Zone, or City’s Sphere of Influence.
SITE CHARACTERISTICS:
• The topography of the subject parcel consists of relatively level land with a 5% or less average slope.
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• The project site consists primarily of cleared grassland habitat intersected by a blue line stream in Fallager Creek. No oak trees are proposed for removal by the project.
• The subject parcel is bounded by low density residential, agricultural, and commercial uses to the north and west, and low-density residential and agricultural uses to the south and east.
• Per Butte County Code sec. 24-78 – Use Regulations, a 50-foot riparian setback will be applied
from the on-site “blue line” stream for new development.
• Vernal Pool habitat exists on-site, though buildable homesite areas are indicated outside of the
bounds of these habitat features.
• According to Federal Emergency Management Agency (FEMA) floodplain mapping of the
project area, the 305± acre parcel is located in an area of minimal flood hazard, and is labeled Zone X (unshaded). (https://www.fema.gov/flood-zones)
ANALYSIS: Zoning Consistency
Butte County Code §24-12 A. (Agriculture (AG))
The purpose of the AG zone is to support, protect, and maintain a viable, long-term agricultural sector in Butte County. Standards for the AG zone maintain the vitality of the agricultural sector
by retaining parcel sizes necessary to sustain viable agricultural operations, protecting
agricultural practices and activities by minimizing land-use conflicts, and protecting agricultural
resources by regulating land uses and development intensities in agricultural areas. Permitted uses include crop cultivation, animal grazing, stock ponds, and agricultural processing. More intensive agricultural activities, such as animal processing, dairies, hog farms, stables, forestry
and logging, and mining and oil extraction, are permitted with the approval of a Conditional Use Permit. One (1) single-family home and one (1) accessory dwelling unit is permitted on each legally established parcel within the AG zone, and residential uses for agricultural employees are permitted as an accessory use within the AG zone. The minimum permitted parcel size in the
AG zone ranges from twenty (20) acres to one hundred sixty (160) acres. The AG zone implements the Agriculture land use designation in the General Plan.
Butte County Code §24-21 A. (General Commercial (G-C))
The purpose of the G-C zone is to allow for a full range of retail, service, and office uses to serve residents, workers, and visitors. Standards for the GC zone are intended to ensure that a diversity
of commercial uses are available within convenient locations throughout the county. Permitted uses include general retail, personal services, professional offices, restaurants, gas and service stations, hotels and motels, and other similar commercial uses. Multiple-family dwellings , vehicle repair, light manufacturing, and warehousing and storage are permitted in the GC zone
with the approval of a Conditional Use Permit. Single-family homes are not permitted in the GC zone. The maximum permitted floor area ratio in the GC zone is four-tenths (0.4).
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The GC zone implements the Retail and Office land use designation in the General Plan.
The portions of the proposed project entirely within the AG-40 zone will include one (1) 40± acre parcel (Resultant Parcel 2), one (1) 120± acre parcel (Resultant Parcel 3), and one (1) 100± acre
parcel (Resultant Parcel 4), which are consistent with the minimum parcel area standard (40 acres) of the AG-40 zoning designation. The proposed parcel widths of 1150’, 3000’, and 1400’,
respectively, are consistent with the minimum parcel width standard (65 ft.) of the AG-40 zoning designation. Resultant Parcel 1, totaling 40± acres, will and be consistent with the minimum parcel area standards of the G-C zoning designation (10,000 sq. ft.) and the AG-40 zoning designation (40 acres). The proposed parcel width of 850 ft. is consistent with the minimum parcel width
standard of both zones (65 ft.).
Consistency of Project with General Plan Goals and Policy:
• Policy LU-P4.1 - The integrity and stability of existing residential neighborhoods shall be
promoted and preserved.
The project’s setting consists of primarily commercial, agricultural, and low density single-family
residential uses within the Agriculture (AG-40, AG-160), General Commercial (G-C) and Rural Country Residential (RCR-10) zones. Surrounding parcels range in size from 3.84 acres up to 640
acres.
General Plan 2030 Goals and Policies Consistency Review
WATER RESOURCE ELEMENT
GOAL W-2. Ensure an abundant and sustainable water supply to support all
uses in Butte County.
Consistent. This goal is more specifically reviewed in the discussion of the policies
below.
W-P2.9. Applicants for new major
development projects, as determined by the Department of Development Services, shall demonstrate adequate water supply to meet the needs of the project, including an evaluation of potential cumulative impacts to surrounding groundwater users and the environment.*
Consistent. The resultant parcels will be
served by on-site well and septic, to the satisfaction of Butte County Environmental Health.
GOAL W-3. Effectively manage groundwater resources to ensure a long-
term water supply for Butte County.
Consistent. This goal is more specifically reviewed in the discussion of the policies
below.
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General Plan 2030 Goals and Policies Consistency Review
W-P3.3. The County shall protect groundwater recharge and groundwater quality when considering new development projects.*
Consistent. Future development would result in only a minor increase in impervious surfaces from the construction of concrete foundations and driveways. Thus, the proposed project would not cause a measureable reduction in surface infiltration or a decrease in deep percolation to the underlying aquifers. At the time of development, proposed improvements will be evaluated by the Butte County Public Works Department to ensure that stormwater runoff is appropriately retained on-site to allow for groundwater recharge and improved water quality. GOAL W-4. Promote water conservation as an important part of a long-term and sustainable water supply.
Consistent. This goal is more specifically reviewed in the discussion of the policies below.
W-P4.6. New development projects shall adopt best management practices for water use efficiency and demonstrate specific water conservation measures.*
Consistent. Future development would be subject to California Green Building Standards Code and other California regulations, which contains specific measures for water conservation of residential and non-residential buildings. GOAL W-5. Protect water quality through effective stormwater management. Consistent. This goal is more specifically reviewed in the discussion of the policies below.
W-P5.2. New development projects shall identify and adequately mitigate their water quality impacts from stormwater runoff.
Consistent. At the time of development, proposed improvements would be evaluated by the Butte County Public Works Department to ensure that stormwater runoff is appropriately retained on-site to allow for groundwater recharge and improved water quality. Additionally, roadway drainage improvements have been conditioned.
CONSERVATION AND OPEN SPACE ELEMENT
GOAL COS-2. Promote green building,
planning and business.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P2.2. New development shall comply with Green Building Standards adopted by the California Building Standards Commission at the time of building permit application, including requirements about low- or no- toxicity building materials.
Consistent. Cal Green development measures will be applied in the design of future development, at the time of the building permit application.
GOAL COS-7. Conserve and enhance habitat for protected species and sensitive
biological communities.
Consistent. This goal is more specifically reviewed in the discussion of the policies
below.
COS-P7.4. New development projects shall
mitigate their impacts in habitat areas for protected species through on- or off-site habitat restoration, clustering of development,
Consistent. Vernal Pool habitat is located on-
site, but proposed development/home sites are located away from such features.
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General Plan 2030 Goals and Policies Consistency Review and/or project design and through the provisions of the Butte Regional Habitat
Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) within the HCP/NCCP Planning Area, upon the future adoption of the HCP/NCCP.* COS-P7.5. No new development projects shall occur in wetlands or within significant riparian habitats, except within the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP.*
Consistent. Building sites located away from wetland and riparian areas are noted on the revised plat.
COS-P7.8. Where sensitive on-site biological resources have been identified, construction employees operating equipment or engaged in any development-associated activities involving vegetation removal or ground disturbing activities in sensitive resource areas shall be trained by a qualified biologist and/or botanist who will provide information on the on-site biological resources (sensitive natural communities, special-status plan and wildlife habitats, nests of special-status birds, etc.), avoidance of invasive plan introduction and spread, and the penalties for not complying with biological mitigation requirements and other State and federal regulations.*
Consistent. Vernal Pool habitat is located on-site, but proposed development/home sites are located away from such features.
GOAL COS-9. Protect identified special-status plant and animal species. Consistent. This goal is more specifically reviewed in the discussion of the policies below.
COS-P9.1. A biological resources assessment shall be required for any proposed development project where special-status species or critical habitat may be present. Assessments shall be carried out under the direction of Butte County. Additional focused surveys shall be conducted during the appropriate season if necessary. Upon adoption of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP), assessment requirements of the HCP/NCCP shall be implemented for development projects within the HCP/NCCP area.*
Consistent. Vernal Pool habitat is located on-site, but proposed development/home sites are located away from such features.
GOAL COS-17. Maintain and enhance the quality of Butte County's scenic and visual resources.
Consistent. This goal is more specifically reviewed in the discussion of the policies below.
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General Plan 2030 Goals and Policies Consistency Review
COS-P17.1. Views of Butte County's scenic resources, including water features, unique geologic features and wildlife habitat areas, shall be maintained.*
Consistent. No portion of the project area has been identified as a scenic resource.
LAND USE ELEMENT
GOAL LU-4 Provide high-quality housing in a range of residential densities and types.
Consistent. This goal is more specifically reviewed in the discussion of the policies below.
LU-P4.1 - The integrity and stability of existing residential neighborhoods shall be promoted and preserved.
Consistent. The project’s setting consists of primarily commercial, agricultural, and low density single-family residential uses within the Agriculture (AG-40, AG-160), General Commercial (G-C) and Rural Country Residential (RCR-10) zones. Surrounding parcels range in size from 3.84 acres up to 640 acres.
HEALTH AND SAFETY ELEMENT
GOAL HS-1. Maintain an acceptable noise environment in all areas of the county. Consistent. This goal is more specifically reviewed in the discussion of the policies below.
HS-P1.1. New development projects proposed in areas that exceed the land use compatibility standards in Tables HS-2 and HS-3 shall require mitigation of noise impacts.*
Consistent. No substantial transportation or non-transportation noise sources have been identified in the project area.
HS-P1.2. Noise from transportation sources shall not exceed land use compatibility standards in Table HS-2.*
Consistent. No substantial transportation or non-transportation noise sources have been identified in the project area.
HS-P1.9. The following standard construction noise control measures shall be required at construction sites in order to minimize construction noise impacts: (a.) Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. (b.) Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. (c.) Utilize quiet air compressors and other stationary noise-generating equipment where appropriate technology exists and is feasible.*
Consistent. Construction activities associated with future development would be consistent with the County's Noise Control Ordinance.
GOAL HS-3. Prevent and reduce flooding. Consistent. This goal is more specifically reviewed in the discussion of the policies below.
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General Plan 2030 Goals and Policies Consistency Review
HS-P3.2. Applicants for new development projects shall provide plans detailing existing drainage conditions and specifying how runoff will be detained or retained on-site and/or conveyed to the nearest drainage facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility.*
Consistent. Future development permits would be reviewed by the County Public Works Department, and may require drainage and stormwater detention plans as a condition of permit approval.
HS-P3.3. All development projects shall include stormwater control measures and site design features that prevent any increase in the peak flow runoff to existing drainage facilities.*
GOAL HS-11. Reduce risks from wildland and urban fire. Consistent. This goal is more specifically reviewed in the discussion of the policies below.
HS-P11.1. Fire hazards shall be considered in all land use and zoning decisions, environmental review, subdivisions review and the provision of public services.
Consistent. The project is located in the State Responsibility Area. Future construction, installation, or development of buildings and/or roads, driveways, gates and bridges on parcels/lots would comply with the current adopted California Fire Code and current Butte County Improvement Standards, whichever is stricter. HS-P11.4. New development projects shall meet current fire safe ordinance standards for adequate emergency water flow, emergency vehicle access, signage, evacuation routes, fuel management, defensible space, fire safe building construction and wildfire preparedness.
Consistent. The project meets current fire safe standards. Permits for new development would be reviewed by County Fire and Building Departments to ensure that projects have adequate water storage, access, defensible space, building construction, and other fire protection standards. GOAL PUB-13. Plan adequate wastewater infrastructure to serve new development. Consistent. This goal is more specifically reviewed in the discussion of the policies below.
PUB-P13.3. New development projects shall demonstrate the availability of a safe, sanitary and environmentally sound wastewater system.
Consistent. Permits for new development projects are reviewed by the Butte County Division of Environmental Health to ensure the availability of safe, sanitary and environmentally sound wastewater system is provided. Wastewater systems are reviewed in compliance with Chapter 19 of Butte County Code (On-Site Wastewater Systems).
PUB-P13.2. For development projects that will rely on on-site wastewater systems, applicants shall provide detailed plans demonstrating that the system will be adequate to serve the project.
Butte County Department of Development Services
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BUTTE COUNTY DEPARTMENTS AND OTHER AGENCIES REVIEW
Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the project analysis and proposed project conditions.
Butte County Agricultural Commissioner’s Office
The Agricultural Commissioner’s Office provided clearance for the project, applying a condition of approval, and noting that as the project site is zoned agriculturally, and bounded by Agricultural zoning to the north, east, and south, new residential development upon the resultant parcels will
be subject to BCC sec. 24-83 - Agricultural Buffer Setbacks. Adequate building sites exist on the proposed parcels necessary to accommodate the Agricultural Buffer Setback (300 ft.).
Butte County Fire/CAL FIRE
Butte County Fire Department/CAL FIRE provided both clearance for the project and conditions of approval as included below.
Butte County Environmental Health Division Environmental Health provided both clearance for the project and conditions of approval as included below.
Butte County Public Works
Public Works provided both clearance for the project and conditions of approval as included
below. The Northeast Information Center
The NEIC conducted a review and returned the comment that no Prehistoric or Historic sites have been recorded within the project area. No further archeological analysis or mitigation is deemed necessary.
CEQA EXEMPTION
In compliance with CEQA Guidelines Section 15061 (b) (3) Common Sense Exemption, this
project is exempt from CEQA review. The Common Sense Exemption dictates that 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.
Staff finds upon review of the site using the California Natural Diversity Database that no portion of the project site fell within any identified range or area of sensitive species or habitats. The
subject parcel is not within any Deer Herd Migration Area Overlay or Sphere of Influence, and no scenic resources are found on site, nor do any portions of the subject parcel intersect the Scenic Highway Overlay Zone. As the subject parcel is bounded by Agricultural (AG-40, AG-160) zoning
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on three sides, and will retain its own agricultural zoning, new residential development will be subject to a setback review per Butte County Code sec. 24-83 - Agricultural Buffer Setbacks.
The parcel has been partially developed, and has not been determined to contain any identifiable archaeological resources, though it does contain a “blue line” stream in Fallager Creek; future development projects within the riparian buffer will be subject to setbacks per BCC sec. 24-78 - Use
Regulations. There are vernal pools found on-site, identified from BCAG Landcover data, but the buildable home sites are located approximately 30 ft. away from such features. The subject parcel does not lie within a Watershed Protection Overlay Zone. The parcel primarily consists of previously cleared grassland habitat, and no oak trees are proposed for removal by the project. The subject
parcel’s topography consists of flat land averaging a 5% slope across the site. Furthermore, the subject parcel is not near any identified fault lines. There is a low risk of landslide and low erosion hazard potential throughout the site. The entirety of the subject parcel is undefined/unshaded/not applicable
and considered by FEMA to be in an area with minimal flood risk.
Staff therefore finds with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and is not subject to CEQA.
Butte County Department of Development Services
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ATTACHMENT A: DRAFT ZONING ADMINISTRATOR DETERMINATION WITH CONDITIONS OF APPROVAL
BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN22-XXXX
TENTATIVE PARCEL MAP TPM22-0005 (Larry Royal)
A parcel map on a 305± acre property, encompassing 304± acres of AG-40 and 1.16± acres of G-C zoning, with Agriculture and Retail General Plan designations, creating four lots of 40± acres, 40± acres, 120± acres, and 100± acres. The subject parcel is currently developed with a commercial use,
the Earthworm Soil Factory, encompassing a store building and a number of accessory structures. The subject parcel lies at the intersection of Clark Road/SR-191 and Durham-Pentz Road, both
County-maintained public roads. The parcel frontage is unimproved without curb, gutter, and sidewalk. Resultant Parcel 1 will encompass the existing commercial use and zone, and retain access
from Clark Road, while Resultant Parcel 2 will make access from a separate, future encroachment. Resultant Parcels 3 & 4 will have access from a future shared encroachment from Durham-Pentz Road. All resultant parcels will be served by on-site well and septic systems.
APN: 041-120-134 September 21, 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 Larry Royal, Planning
Division File No. TPM22-0005 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. The Zoning Administrator approves Tentative Parcel Map TPM22-0005 for Larry Royal,
subject to the conditions found in Exhibit “A” and the following findings:
A. The proposed map is consistent with the AG-40 (Agriculture, 40 acre minimum) and
G-C (General Commercial) zones.
Proposed lots meet minimum parcel areas and widths and support commercial,
agricultural, and single-family residential uses, consistent with the purpose of and
allowed uses in the AG-40 and G-C zones (BCC sec. 24-12 A & 24-21 A).
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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 area requirements
of the AG-40 (40-acre minimum) and G-C (10,000 sq. ft. minimum) zones. Future single-family residential development would be consistent with the primary allowed
land uses in the AG-40 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 would 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 10 miles to the east.
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 three residential dwellings and accessory uses would have a negligible
effect on local or regional traffic.
Approved By: Curtis Johnson, Assistant Director
Date: September 21, 2022
Butte County Department of Development Services
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EXHIBIT A
Tentative Parcel Map for Larry Royal on APN: 041-120-134, File # TPM22-0005:
A parcel map on a 305± acre property, encompassing 304± acres of AG-40 and 1.16± acres of G-C zoning, with Agriculture and Retail General Plan designations, creating four lots of 40± acres, 40±
acres, 120± acres, and 100± acres. The subject parcel is currently developed with a commercial use, the Earthworm Soil Factory, encompassing a store building and a number of accessory structures. The subject parcel lies at the intersection of Clark Road/SR-191 and Durham-Pentz Road, both County-maintained public roads. The parcel frontage is unimproved without curb, gutter, and
sidewalk. Resultant Parcel 1 will encompass the existing commercial use and zone, and retain access from Clark Road, while Resultant Parcel 2 will make access from a separate, future encroachment. Resultant Parcels 3 & 4 will have access from a future shared encroachment from Durham-Pentz
Road. All resultant parcels will be served by on-site well and septic systems.
I. CONDITIONS OF APPROVAL: Public Works
A. STREETS
1. Prior to the recordation of the Parcel Map, the locations of the driveway access points onto Durham-Pentz Road for Parcels 3 and 4 shall be approved by Public Works and shown on the Parcel Map. Adequate sight distance shall be demonstrated prior to recordation of the Parcel
Map
2. Access for Parcels 3 and 4 shall be limited to one shared encroachment onto Durham-Pentz Road. Access to parcels 3 and 4 shall be provided by a 50’ reciprocal access easement that shall be reserved by deed per county ordinance and depicted on the map prior to recordation.
Place the following note on the final/parcel map: “Access to Parcels 3 and4 shall be provided by the non-exclusive access easement for ingress, egress, and public utility purposes, and to be reserved in deeds for the benefit of each parcel.”
A. Prior to the recordation of the parcel map, provide a fully executed driveway maintenance agreement for the shared portion of the driveway 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 driveway as shown hereon shall be shared by those properties with a legal interest in it." 3. Prior to the issuance of building and improvement permits, obtain an encroachment permit and
improve the roadway drainage for the driveway approach onto Durham-Pentz Road for Parcels 3 and 4. Driveway encroachments and drainage improvements shall be constructed as specified in the county improvement standards and the terms of the encroachment permits.
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4. Prior to recordation of the Parcel Map, obtain an encroachment permit and construct an access per the requirements of the permit for the existing unpermitted driveway encroachment onto
to Durham-Pentz Road located approximately 800 feet east of the intersection of State Route
191 and Durham-Pentz Road. As specified in the previously issued encroachment permit
PW19-0001 (expired), drainage improvements shall include the installation of an 18” culvert and any other measures required by the encroachment permit.
A. Use of the second access onto Durham-Pentz Road located approximately 915 feet east of the intersection of State Route 191 and Durham-Pentz Road shall be discontinued and the unpermitted encroachment shall be decommissioned.
5. Prior to the recordation of the Parcel Map, relinquish abutter's rights of access to Butte County along the Durham-Pentz Road for the portions of the frontages of Parcels 1, 3, and 4 that have
not been identified on the Parcel Map as driveway access areas.
6. Obtain an encroachment permit from Caltrans for additional access onto State Route 191. B. COMPLIANCE WITH BUTTE COUNTY STORMWATER ORDINANCE
1. Coverage under the stormwater Construction General Permit (CGP) will be required by the State. Water Resources Control Board if the project results in ground disturbance, including clearing, excavation, filling, and grading of one or more acres or disturbs 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 before 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 the 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, which is part of a larger common plan of development, also require coverage under this permit. Development
of individual lots may require an additional permit coverage.”
C. PARCEL MAP 1. Show all easements of record on the parcel map.
2. Prior to the recordation of the parcel map, pay in full any 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.
Butte County Department of Development Services
September 21, 2022 Agenda Report – Royal TPM22-0005 Page 15 of 18
4. Place a note on a separate document to be recorded concurrently with the map or on an additional map sheet of the final map regarding Conditions A.2, A.2(a) and A.3.
Public Health Department Environmental Health Division
1. Map must show Minimum Useable Wastewater Area (MUWA) of 10,000 square feet for
resulting parcels 2, 3 and 4 utilizing mound supplemental treatment with pressure distribution. Butte County Fire Department/CAL FIRE
1. Construction, installation, or development of buildings and/or roads, driveways, gates or bridges on parcels/lots shall comply with current adopted California Building Standard Codes, the California Fire Safe Regulations – Public Resources Code 4290, 4291 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 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 or
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
1. Indicate 300 ft. Agricultural Buffer Setback for future residential development from new and existing Agricultural parcel lines on recorded/final 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.
Butte County Department of Development Services
September 21, 2022 Agenda Report – Royal TPM22-0005 Page 16 of 18
ATTACHMENT B: VICINITY MAP
Butte County Department of Development Services
September 21, 2022 Agenda Report – Royal TPM22-0005 Page 17 of 18
ATTACHMENT B (CONTD): ZONING MAP
Butte County Department of Development Services
September 21, 2022 Agenda Report – Royal TPM22-0005 Page 18 of 18
ATTACHMENT C: TENTATIVE PARCEL MAP