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HomeMy WebLinkAboutTPM20-0010 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 September 8, 2021 Michelle Yang Phiasy 3139 Oro Bangor Highway Oroville, CA 95966 michelleyang.phiasy@gmail.com Re: Zoning Administrator Approval – TPM20-0010 (Phiasy); APN: 078-270-040 Dear Applicant: At the Zoning Administrator meeting held on September 8, 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, September 20, 2021 to the: Department of Development Services Planning Division 7 County Center Drive Oroville, California, 95965 The appeal fee of $694.00 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 (530) 552-3685, or by email at tweems@buttecounty.net between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Tristan Weems, AICP Associate Planner Cc: Alan Mok, Engineer /Enclosure/ ATTACHMENT A: ZONING ADMINISTRATOR DETERMINATION WITH CONDITIONS OF APPROVAL BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN21-0014 TENTATIVE PARCEL MAP TPM20-0010 (Michelle Yang Phiasy) The project proposes to divide a 2.68-acre parcel, in the MDR (Medium Density Residential – 6,000-acre minimum) zone and MDR (Medium Density Residential) General Plan designation, into four 0.67 acre lots. The project will result in the creation of three net new parcels. The parent parcel is addressed 3139 Oroville Bangor Highway, Oroville situated approximately 2,000 linear feet south east of the Oroville City Limits, on the north eastern side of Oroville Bangor Highway. APN 078-270-040 September 8, 2021 I. The Zoning Administrator has considered the Section 15061 (b)(3) Exemption for Common Sense Exemption in accordance with the California Environmental Quality Act (CEQA), and adopts the Categorical Exemption with the following findings: A. Upon review of the site using the California Natural Diversity Database none fell within any identified range or area of sensitive species or habitats. The parent parcel is not within a deer herd migration overlay, scenic resource, scenic highway overlay, nor is it located within Agricultural Land. The site has been disturbed and does not contain any cultural resources, nor is it near or adjacent to a creek or waterway, it does not contain oak woodlands, has been previously developed, is relatively flat (sloping fourteen feet across the entire parent parcel). The parent parcel is not located within the Watershed Protection Overlay zone, nor is it near any identified fault lines, there is a very low risk of landslide and erosion hazard potential. The parent parcel is located in FEMA flood zone “X” or undefined/unshaded/not applicable. B. On the basis of the whole record before the Zoning Administrator, there is no substantial evidence that the Tentative Parcel Map for Michelle Yang Phiasy, Planning Division File No. TPM20-0010 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 TPM20-0010 for Michelle Yang Phiasy, subject to the conditions found in Exhibit “A” and the following findings: A. The proposed map is consistent with the MDR (Medium Density Residential, 6,000 square feet minimum) zone. Proposed lots meet minimum parcels sizes and will support single-family residential development, consistent with purpose and allowed uses in the MDR zone (BCC Section 24-18H, Section 24-19 Table 24-20-1). 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 MDR (6,000 square foot minimum) zone. Services for single-family residences are to be provided by SFWP and LOAPUD and residential uses are consistent with the primary allowed land uses in the MDR 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 TPM. 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 9 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 residential dwellings would have a negligible effect on local or regional traffic. Approved By: Pete Calarco Date: September 8, 2021 EXHIBIT A Tentative Parcel Map for Michelle Yang Phiasy on APN 078-270-040, File # TPM20-0010: The project proposes to divide a 2.68-acre parcel, in the MDR (Medium Density Residential – 6,000-acre minimum) zone and MDR (Medium Density Residential) General Plan designation, into four 0.67 acre lots. The project will result in the creation of three net new parcels. The parent parcel is addressed 3139 Oroville Bangor Highway, Oroville situated approximately 2,000 linear feet south east of the Oroville City Limits, on the north eastern side of Oroville Bangor Highway. I. Conditions of Approval: Planning Division 1. Existing Storage Building and Mobile Homes will be demolished prior to recordation of the map. Public Works A. STREETS 2. 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." 3. Prior to recordation of the parcel map, relinquish abutter's rights of access to Butte County along the Oroville Bangor HWY frontage of parcels C and D except at approved access points. 4. Prior to recordation of the parcel map, provide street name signs per requirements of the Department of Public Works. Street names shall be reviewed by the county address coordinator and one name for each new street shall be recommended to the Board of Supervisors for approval prior to recordation of the parcel map. A minimum of five alternate names for each new street shall be submitted. 5. Prior to final road inspection, install all necessary traffic safety signs including stop signs. For all non-publicly maintained access roads, 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: "No public entity shall be responsible for the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them." 6. 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. 7. Prior to recordation of the parcel map, construct or provide a performance, labor and material bond for construction of street frontage improvements on Oroville Bangor HWY. Construct a ½+ 12’ street section along the entire parcel frontage in conformance with county improvement standard RS-2B, 3″ Type A Hot Mix Asphalt, 12″ Class 2 aggregate base, prime coat, fog seal and 95 %relative compaction. Construction of curb, gutter, and sidewalks is required. Submit for approval a roadway structural design and improvement plans to the Land Development Division prior to construction. Adequate sight distance at the intersection of the access road and Oroville Bangor HWY shall be provided. Bushes and trees along the parcel frontage may have to be trimmed/removed to provide adequate sight distance. Submit a Notice of Materials to be Used, materials test results, and mix design in compliance with 2018 Caltrans Standard Specifications, Section 39, to the department of Public Works for approval at least 14 days prior to the start of paving operations. Testing of hot mix asphalt materials shall be performed by a qualified laboratory and test results shall be signed and stamped by a licensed civil engineer. Conduct material testing during construction and submit the results to Department of Public Works to ensure compliance with Standard Specifications, approved materials, and approved mix design. 8. Prior to recordation of the parcel map, construct or provide a performance, labor and material bond for construction of interior streets in conformance with county improvement standard RS-2C, 3″Type A Hot Mix Asphalt,12″ Class 2 AB, prime coat, fog seal and 95 % relative compaction. Construction of curb, gutter, and sidewalks is required. Submit for approval a roadway design and improvement plans to the Land Development Division prior to construction. Submit a Notice of Materials to be Used, materials test results, and mix design in compliance with 2018 Caltrans Standard Specifications, Section 39, to the department of Public Works for approval at least 14 days prior to the start of paving operations. Testing of hot mix asphalt materials shall be performed by a qualified laboratory and test results shall be signed and stamped by a licensed Civil engineer. Conduct material testing during construction and submit the results to Department of Public Works to ensure compliance with Standard Specifications, approved materials, and approved mix design. B. DRAINAGE 9. 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 the pre- development condition for all storm events, and no increase in stormwater volume over the design storm duration to said channel or facility. If infiltration trenches are designed to contain 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. C. COMPLIANCE WITH BUTTE COUNTY STORMWATER ORDINANCE Developments located outside Butte County MS4 permitted area: 10. 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 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.” C. PARCEL MAP 11. Show all easements of record on the parcel map. 12. 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. 13. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Cal Fire/Butte County Fire 14. If within 1000’ of a fire hydrant, applicant may forego hydrant installation and payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. Must be prior to recordation of the Parcel or Final map. 15. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the current adopted California Building Code, California Fire Code and current Butte County Improvement Standards, whichever is stricter. 16. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and 20 feet wide 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. Processing Fees 17. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. 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.