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Home My WebLink About22-190Resolution No. 22-190 A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS UPHOLDING THE APPEAL AND APPROVING 0717TRIWIIIINIS 11 GIM III WHEREAS, the Board of Supervisors has considered Tentative Parcel Map TPM22-0005 for Larry Royal, in accordance with Chapter 20; Subdivisions, of the Butte County Code on Assessor's Parcel Number 041-120-134; and WHEREAS, said map was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing of the Zoning Administrator was held on September 21, 2022; and WHEREAS, the Zoning Administrator continued the project off the agenda to allow the applicant to address modifications of the project; and, WHEREAS, the Zoning Administrator referred the project to the Planning Commission; and, WHEREAS, said map was revised and re -circulated to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, at a duly noticed public hearing on November 10, 2022, the Butte County Planning Commission considered evidence and testimony on TPM22-0005, and denied the, project by a 4-1 vote; and WHEREAS, on November 10, 2022, Larry Royal filed an appeal of the Planning Commission's denial of the Larry Royal Tentative Parcel Map (TPM22-0005); and WHEREAS, at a duly noticed public hearing on December 13, 2022, the Board of Supervisors considered the applicant's appeal, evidence, and testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors hereby takes the following actions and makes the following findings: Considers Section 15061(b)(3), Common Sense Exemption, in accordance with the California Environmental Quality Act (CEQA)l, and adopts the Exemption with the following findings: 1. Section 1S061 (b)(3) applies to projects where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. 2. on the basis of the whole record before the Board of Supervisors, 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. 3. The custodian of record is the Department of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. ll. Approves Tentative Parcel Map (TPM22-0005) for Larry Royal, subject to the Conditions found in Exhibit "A" and the following findings: 1. The project is consistent with the applicable AG -40 (Agriculture, 40 -acre minimum parcel size) and G -C (General Commercial) zone and the Agricultural and Retail General Plan Land Use designations, as well as with the policies of the other elements of the General Plan. Proposed lot meets minimum parcel area and width standards and will support commercial and agricultural development, consistent with the purpose of and allowed uses in the AG -40 and G -C zones (Butte County Code sec. 24-12 A, sec. 24-13 & 24-21 A). 2. The design and improvements of the proposed subdivision map are consistent with the County's standards and policies, provided all conditions of project approval are complied with. Resultant Parcel 1 conforms to the applicable design and improvement standards in Butte County Code Chapter 20 and the Butte County Improvement Standards. 3. The project site is physically suitable for the type and density of the proposed development. The size and configuration of Resultant Parcel 1 will allow for future development consistent with the applicable zoning density, and the resultant parcel is developed with an existing commercial and agricultural business. 4. The design and improvements of the Project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Project was evaluated under the California Environmental Quality Act, and on the basis of the record before the Board of Supervisors, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, pursuant to Section 15061 (b) (3), Common Sense Exemption, of the CEQA Guidelines. 5. Approval of this project will not be detrimental to the public's health, safety, and welfare. The Project has been reviewed by County, local, and State agencies for consistency with regulations established to protect the public's health, safety, and welfare, including regulations relating to sewage disposal (sewer), domestic water supply, access, and the protection of agricultural land. Conditions are included with the Project that would ensure that the Project will not be detrimental to the public. 6. 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 subdivision, provided the attached conditions are met. There are no conflicts with the project's proposed design related to public access. PASSED AND ADOPTED by the Butte County Board of Supervisors this 13th day of December, 2022, by the following vote: AYES: Supervisors Kimmelshue, Teeter and Chair Connelly NOES: Supervisor Ritter ABSENT: None ABSTAIN: None Bill Connelly, Chair Butte County Board of Supervisors ATTEST: Andy Pickett, Chief Administrative Officer andf the Board of VS�e isors By: Cl 15 \j eputy" EXHIBIT A Tentative Parcel Map for Larry Royal on APN: 049-120-134, File # TPM22-0005: A parcel map on a 301.5± acre property, encompassing 300.3± acres of AG -40 and 1.16± acres of G -C zoning, with Agriculture and Retail General Plan designations, into one parcel of 40± acres and a designated remainder of 260± acres. The subject parcel is currently developed with a commercial use, the Earthworm Soil Factory, encompassing a store building with agricultural facilities and a number of accessory structures thatwill be captured by Resultant Parcel 1. 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 retain access from Clark Road/SR-191. Resultant Parcel 1 will be served by existing on-site well and septic systems. I. CONDITIONS OF APPROVAL: Public Works A STREETS Prior to the recordation of the Parcel Map, the location of any driveway access points onto Durham Pentz Road for Parcel 1 shall be approved by Public Works and shown on the Parcel Map. Adequate sight distance shall be demonstrated prior to the recordation of the Parcel Map 2. Prior to the issuance of building and improvement permits, obtain an encroachment permit and improve the roadway drainage for a driveway approach onto Durham-Pentz Road for Parcel 1. Driveway encroachments and drainage improvements shall be constructed as specified in the county improvement standards and the terms of the encroachment permits. 3. Prior to the recordation of the Parcel Map, relinquish the abutter's rights of access to Butte County along the Durham -Peutz Road for the portions of the frontage of Parcel 1 that has not been identified on the Parcel Map as driveway access areas. 4. If applicable, obtain an encroachment permit from Caltrans for any additional accesses onto State Route 191. B. COMPLIANCE WITH BUTTE COUNTY STORMWATER ORDINANCE 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 ■ Butte County Department of Development Senrices 0 0 November 10, 2022 0 Agenda Report —TPM22-00051 Larry Royal 0 Page 16 0 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. 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 and A.3. Public Health Department Environmental Health Division 1. f=inal Map must show the existing well and septic development on Parcel 1. Butte County Fire Department/CAL FIRE 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 ■ Butte County Department of Development Services ■ 0 November 10, 2022 0 Agenda Report — TP M22-0005/ Larry Royal 0 Page 17 0 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 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 ■ 0 November 10, 2022 0 Agenda Report —TPM22-00051 Larry Royal ■ Page 18 0 ATTACHMENT B: VICINITY MAP E Butte County Department of Development Services N November 10, 2022 0 Agenda Report — TPM22-0005/ Larry Royal N Page 19 0 ATTACHMENT B3 (+CONT[)): ZONING MAP ■ Butte County Department of Development Services ■ 0 November 10, 2022 ■,Agenda Report TPM22-0005/ Larry Royal N Page 20 ■ ATTACHMENT C: TENTATIVE PARCEL MAP M Butte County Department of Development Seances M ■ November 10, 2022 M Agenda Report — TPM22-0005/ Larry Royal M Page 21 M L Fu 0 Fn, is xf LY' Mi fl M Butte County Department of Development Seances M ■ November 10, 2022 M Agenda Report — TPM22-0005/ Larry Royal M Page 21 M