HomeMy WebLinkAboutMEXT15-0003_ZA Agenda Report_TSM08-0004_WALSH Department of Development Services Tim Snellings, Director
Pete Calarco, Assistant Director
7 County Center Drive T: 530.538.7601
Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
MEMORANDUM
TO: The Zoning Administrator
FROM: Development Services, Planning Division
SUBJECT: MEXT15-0003 Extension of Time for TSM08-0004 (Walsh)
DATE: December 2, 2015
ATTACHMENTS:
A. Zoning Administrator Decision approving MEXT15-0003 (Walsh) with Exhibit A
Conditions of Approval
B. Extension Request dated October 12, 2015
C. Adopted Resolution PC09-53
D. Planning Commission Minutes – November 12, 2009
E. Approved Tentative Parcel Map
Staff Recommendation:
Staff is recommending approval, extending the expiration date of TSM08-0004 (Walsh) for six
years to November 12, 2021.
Executive Summary:
The applicant is requesting a 6-year time extension for an approved Tentative Subdivision Map
(TSM08-0004), set to expire November 12, 2015. The Tentative Map allows the applicant to divide
a 6.6-acre parcel into (4) parcels ranging in size from 1.21 to 2.02 acres. The 6.6-acre parcel (APN:
055-300-054) is currently zoned VLDR (Very Low Density Residential, 1-acre minimum parcel
size).
Provisions for a tentative map time extension are set forth in Butte County Code §20-68, which
requires that an extension of time must be made prior to the expiration of the approved or
conditionally-approved map, and that the Zoning Administrator, based on good cause, may extend
the approval for an additional period beyond the expiration, provided the total extension of time
does not exceed a total of six years [as set forth in Government Code Section 66452.6(e)]. An
application for an extension of time shall be reviewed by the Zoning Administrator, who will
determine whether the map presently conforms to the requirements of a tentative parcel map, at
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which point, the Zoning Administrator may approve an extension, approve with conditions that
would cause the map to conform to present requirements, or disapprove. In the event that an
approved tentative map is revised to conform to current requirements, the most recently approved
tentative map shall constitute the only recognized map for further action in consideration of filing
the map. Any extension of time application involving an addition to, or modification or deletion
of, the conditions of approval or involving a controversial matter will be heard by the advisory
agency (i.e. Planning Commission).
Analysis:
The Tentative Subdivision Map was originally approved and a Mitigated Negative
Declaration was adopted for the project on November 12, 2009, providing two years to
record the final map.
The map received two automatic two year extensions from the State in 2011 and 2013. The
Tentative Subdivision Map was set to expire November 12, 2015. The request for this
extension of time was made October 12, 2015 prior to the expiration date of the approved
tentative parcel map.
The applicant is requesting a six (6) year extension to record the map, extending the
expiration date to November 12, 2021. Section 66463.5 (c) of the Subdivision Map Act
provides “upon the application by the subdivider to extend that map, the map shall
automatically be extended for 60 days or until the application for the extension is approved,
conditionally approved, or denied, whichever occurs first.”
The California Environmental Quality Act, section 15162, identifies:
Subsequent environmental review shall be undertaken when substantial changes in the
project description, substantial changes to the circumstances under which the project is
undertaken, or new information of substantial importance cause new significant
environmental effects or substantial increase in the severity of previously identified
environmental effects.
No change to the project, circumstances under which the project is undertaken, or the
physical environment have occurred that would cause new environmental effects or an
increase in severity of environmental effects beyond that evaluated by the previously
adopted IS/MND. The physical effects to the environment are the same between the
map extension now being heard and the project evaluated in the previously adopted
Initial Study/Mitigated Negative Declaration. No subsequent environmental review is
required for the project.
The request for extension was circulated to County departments for comments and possible
changes to the original conditions of approval. The Environmental Health Division, and
Cal-Fire/Butte County Fire had no revisions. The Public Works Department had minor
revisions to Conditions of Approval, see below.
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Amended Changes from Public Works:
Condition #10:
Prior to the recordation of the final 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.
Condition #11:
Prior to or concurrently with the recordation of the final map, relinquish abutter’s rights of access
to Butte County along the Pentz Road frontage of parcel 1. Relocate driveway access to Street A.
Condition #23:
Prior to recordation of the final map, a preliminary soils report or acceptable soils waiver letter
prepared by a registered design professional and based upon adequate testing shall be submitted
to the Department of Public Works Land Development Division and Department of
Development Services Building Division for review and approval.
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ATTACHMENT A
ZONING ADMINISTRATOR DECISION ZDN15-00XX
December 2, 2015
APPROVING MAP EXTENSION MEXT15-0003 (Walsh)
I. The Zoning Administrator has reviewed and considered MEXT15-0003 for Robert J. and
Suzanne R. Walsh, in accordance with Chapter 20 Subdivisions, Section 20-68 Extension
of Time, of the Butte County Code for Assessor’s Parcel Number 055-300-054, and finds:
A. The Planning Commission previously approved Tentative Subdivision Map
TSM08-0004 (Walsh) and adopted an Initial Study/Mitigated Negative Declaration
on November 12, 2009 with an expiration date of November 12, 2015.
B. The applicant is requesting a six (6) year extension to November 12, 2021 to
complete the conditions of approval and record the map.
C. The request for map extension was referred to various affected public and private
agencies, County departments, and referral agencies for review and comments.
D. A duly noticed public hearing was held on December 2, 2015; and
II. Approves Map Extension MEXT15-0003 for Robert J. and Suzanne R. Walsh, subject to
the following findings:
A. The request for map extension was made in a timely manner on October 12, 2015,
prior to the expiration date of the conditionally approved tentative map.
B. The extension of time is granted until November 12, 2021 for good cause, namely
for more time in order to complete subdivision improvement requirements, comply
with the conditions of approval, and record the final map.
C. The underlying map which is now being extended conforms to the tentative
subdivision map approved by the Butte County Planning Commission on
November 12, 2009 with the adoption of Resolution PC09-53,
D. Mitigation Measures and Conditions from TSM08-0004 in Exhibit A of Resolution
PC09-53 are carried forward with the map extension.
E. No change to the project, circumstances under which the project is undertaken, or
the physical environment had occurred that would cause new environmental effects
or an increase in severity of environmental effects. No subsequent environmental
review is required.
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EXHIBIT A
Tentative Subdivision Map for Robert Walsh (Diamond Ridge Estates 2) on APN 055-300-
054, File # TSM08-0004: A Tentative Subdivision Map to divide a 6.6-acre parcel into four (4)
parcels ranging in size from 1.21 to 2.02 acres.
I. CONDITIONS OF APPROVAL:
Planning Division
1. Mitigation Measure #1:
Place a note on the final map or on an additional map sheet to be recorded with the final
map that states: “All exterior residential dwelling lighting and street lighting (if installed)
are to be shielded so as to direct light downward. This will reduce illumination of the night
sky as well as indirect illumination of surrounding parcels.”
Plan Requirements: This note shall be placed on all building and site development plans.
If a homeowners association is formed, the condition shall be a requirement of the
Covenants, Conditions and Restrictions (CC&Rs).
Timing: The provisions of this mitigation measure shall be complied with at all times.
Monitoring: The Department of Development Services and the Department of Public
Works shall ensure that the note is placed on the final map or on an additional map sheet
to be recorded with the final map and on all building and site development plans. Building
inspectors shall spot check and shall ensure compliance on-site.
2. Mitigation Measure #2:
The following measures shall apply to all development activities on the project
site. Additionally, a note shall be placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet that states: “Dust generated by
the development activities shall be kept to a minimum and retained on-site. Follow the air
quality control measures listed below:
Control Dust
a) During clearing, grading, earth moving, excavation, or transportation of cut or fill
materials, water trucks or sprinkler systems are to be used to prevent dust from leaving
the site and to create a crust after each day’s activities cease.
b) During construction, water trucks or sprinkler systems shall be used to keep all areas
of vehicle movement damp enough to prevent dust from leaving the site. At a
minimum, this would include wetting down such areas in the later morning and after
work is completed for the day and whenever wind exceeds 15 miles per hour.
c) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil
binders to prevent dust generation.
d) On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads.
e) Haul vehicles transporting soil into or out of the property shall be covered.
f) Existing roads and streets adjacent to the project shall be cleaned at least once per day
if dirt or mud from the project site has been tracked onto these roadways, unless
conditions warrant a greater frequency.
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g) Other measures may be required as determined appropriate by the BCAQMD or
Department of Public Works in order to control dust.
Post Contact Information
h) Post a publicly visible sign with the telephone number and person to contact regarding
dust complaints. This person shall respond and take corrective action within 24
hours. The telephone number of the Butte County Air Quality Management District
shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and
Fugitive Dust Emissions).
Other Construction Practices
i) Maintain all construction equipment in proper tune according to manufacturer’s
specification.
j) Where feasible, give preference to utilizing the following equipment:
Electric equipment
Substitute gasoline-powered for diesel-powered equipment
Alternatively fueled construction equipment on site such as compressed natural gas
(CNG), liquid natural gas (LNG), propane, or biodiesel.
Equipment that has Caterpillar pre-chamber diesel engines, as practical.
Diesel construction equipment meeting the California Air Resources Board’s
(CARB) 1996 or newer certification standard for off-road heavy-duty diesel
engines.
k) Construction workers shall park in designated parking area(s) to help reduce dust
emissions.”
3. Mitigation Measure #3:
Show on a separate document which is to be recorded concurrently with the map or on an
additional map sheet a 100-foot “No Development Area” measured from the west bank of
the creek situated to the east of the project site. Place a note on a separate document which
is to be recorded concurrently with the map or on an additional map sheet that states: “No
development including structures, dumping, fill material, vegetation removal and/or
excavation, shall occur within the “No Development Area” as depicted. Limited vegetation
removal necessary for flood and fire control is permissible within the “No Development
Zone”; however, all living and thriving native trees shall be retained and all vegetation
removal shall be approved by the Department of Fish and Game prior to removal.”
Plan Requirements: The note shall be placed on a separate document which is to be
recorded concurrently with the map or on an additional map sheet. This note shall also be
shown on building and site development plans.
Timing: The requirements of this mitigation measure shall be adhered to at all times.
Monitoring: The Planning Division and the Public Works Department shall ensure that
the note is placed on a separate document which is to be recorded concurrently with the
map or on an additional map sheet. The Department of Development Services shall ensure
that the note is placed on all building and site plans. Building inspectors shall spot check
and shall ensure compliance on-site.
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4. Mitigation Measure #4:
Place a note on a separate document which is to be recorded concurrently with the map or
on an additional map sheet that states: Prior to the issuance of any development permit
(including, but not limited to grading permit, well permit, septic system permit, and
building permit), an Oak Tree Mitigation Plan prepared by a certified arborist, registered
professional forester, botanist or landscape architect shall be submitted for review and
approval by the Director of Development Services or his/her designee. The Oak Tree
Mitigation Plan shall be prepared in accordance with the following:
1) The Oak Tree Mitigation Plan shall show the location of all oak trees deemed
suitable for retention, and all oak trees to be removed, in those areas proposed
for development, using the factors set out below;
2) Factors used to assess suitability of existing oak trees shall include health,
location (in relation to proposed improvements and adjacent residences), and
size of the tree. Trees deemed to be unsafe or unhealthy shall be removed;
3) The applicant shall minimize the removal of oak trees deemed suitable for
retention;
4) A minimum of 3 native oak trees of 5 gallons or larger size shall be planted for
each like species of oak tree removed that is greater than or equal to 5 inches
diameter at breast height (DBH). The trees shall be planted in areas deemed
appropriate by the Oak Tree Mitigation Plan, considering future lot
development, interference with foundations, fencing, roadways, driveways, and
utilities. Trees planted shall be protected from livestock and other animals.
Replanting oak trees on-site cannot account for more than one-half of the
mitigation. If no suitable location for off-site oak tree planting exists, mitigation
shall be completed by one or more of the following: establishing conservation
easements, contributing funds for off-site oak woodlands conservation (i.e.,
Oak Woodlands Conservation fund administered by the California Wildlife
Conservation Board), and/or other mitigation measures developed by Butte
County.
5) Each oak tree preserved shall be surrounded by a tree zone identified by the drip
line of the tree. An orange plastic fence or other suitable type of fence shall be
used to identify the tree zone during construction activities;
6) No vegetation removal, soil disturbance, or other development activities shall
occur within the tree zone in order to protect root systems and minimize
compaction of the soil;
7) If any private or public subdivision road easement interferes with the tree zone
of any tree deemed suitable for retention, the tree zone can be reduced to
accommodate the easement.
Plan Requirements: No vegetation removal, grading, road construction, or other
earthwork shall be permitted until the Oak Tree Mitigation Plan is submitted and
approved.
Timing: The Oak Tree Mitigation Plan shall be submitted prior to any development
activity or the issuance of any grading, building, septic, or well permit, or the approval of
any improvement plans on the parcels.
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Monitoring: The Butte County Department of Development Services and Department of
Public Works shall ensure that the note is placed on a separate document which is to be
recorded concurrently with the map or on an additional map sheet. At the time of septic,
well, or building permit application, the Development Services Department will reference
this requirement on any grading, building, septic, or well permit site plans and verify that
an Oak Tree Mitigation Plan has been submitted to and approved by the Director of
Development Services or his/her designee. Butte County building inspectors shall ensure
compliance on-site.
5. Mitigation Measure #5:
Prior to any development activity, including grading, vegetation removal, or other soil
disturbance activities, and prior to recordation of the final map, the applicant/developer
shall have an archaeological survey prepared by a qualified professional archaeologist. A
copy of the completed survey report shall be submitted to the Planning Division for review
and approval.
Plan Requirements: N/A
Timing: This measure shall be completed prior to any development activity and prior to
recordation of the final map.
Monitoring: The developer shall be responsible for submitting the archaeological survey
report to the Planning Division. The Planning Division shall be responsible for reviewing
the archaeological survey report. The Public Works Department shall not record the final
map until such time as the archaeological survey report is reviewed and approved by the
Planning Division.
6. Mitigation Measure #6:
Place a note on a separate document which is to be recorded concurrently with any future
map or on an additional map sheet and all building and site development plans that states:
“Should grading activities reveal the presence of cultural resources (i.e., artifact
concentrations, including arrowheads and other stone tools or chipping debris, cans, glass,
etc.; structural remains; human skeletal remains), work within 150 feet of the find shall
cease immediately until a qualified professional archaeologist can be consulted to evaluate
the resources and implement appropriate mitigation procedures. Should human skeletal
remains be encountered, State law requires immediate notification of the County Coroner.
Should the County Coroner determine that such remains are in an archaeological context,
the Native American Heritage Commission in Sacramento shall be notified immediately,
pursuant to State law, to arrange for Native American participation in determining the
disposition of such remains.”
Plan Requirements: This note shall be placed on a separate document which is to be
recorded concurrently with the parcel map or on an additional map sheet and on all building
and site development plans.
Timing: This measure shall be implemented during site preparation and construction.
Monitoring: The Department of Development Services shall ensure that the note is placed
on a separate document which is to be recorded concurrently with the map or on an
additional map sheet. The Department of Development Services shall ensure that the note
is placed on all building and site development plans. Should cultural resources be
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discovered, the landowner/developer shall notify the Planning Division and a professional
archaeologist. The Planning Division shall coordinate with the landowner/developer and
appropriate authorities to avoid damage to cultural resources and determine appropriate
action.
Land Development Division
7. Mitigation Measure #7:
Prior to any grading on the site, a Construction Storm Water Permit will be required by the
State Water Resources Control Board if the project results in a disturbance (including
clearing, excavation, filling, and grading) of one or more acres. The Permit must be
obtained from the State Water Resources Control Board prior to construction. If a
Construction Storm Water Permit is required, place a note on an additional map sheet that
states: “The development of this Final Map required a construction storm water 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 a permit. Development of
individual lots may require an additional permit(s).”
Plan Requirements: A copy of the approved Storm Water Pollution Prevention Plan
(SWPPP) shall be attached to all building and site development plans.
Timing: The requirements of the approved Storm Water Pollution Prevention Plan shall
be adhered to at all times.
Monitoring: The applicant or his/her successors, heirs, assigns are responsible for ensuring
compliance with the Storm Water Pollution Prevention Plan. The California Regional
Water Quality Control Board and the Butte County Public Works Department will respond
to any storm water runoff problems.
8. Mitigation Measure #9:
Prior to recordation of the final map, a plan for a permanent solution for drainage shall be
submitted to and approved by the Department of Public Works. The drainage plans shall
detail existing drainage conditions and shall specify how drainage waters shall be detained
or retained onsite and/ or conveyed to the nearest natural or publicly maintained drainage
channel or facility and shall provide that there shall be no increase in the peak flow runoff
to said channel or facility. If storm drainage facilities serve new public roads, the developer
must complete the formation of a county service area (CSA), zone of benefit within a
permanent road division (PRD), or other Department of Public Works approved entity prior
to recordation of the final map. The formation process will require the developer to fund
the service until the beginning of the first fiscal year in which service charges can be
collected and agree to an annual maximum service charge to ensure continued operation of
the facilities.
Plan Requirements: Submit drainage plans and calculations to the Department of Public
Works for review and approval.
Timing: The drainage plan shall be submitted and approved prior to approval of the
improvement plans, and the required drainage improvements constructed or bonded for
construction prior to recordation of the Final Map.
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Monitoring: The Department of Public Works shall ensure that the required plan is submitted
and ensure that the drainage improvements are constructed or bonded for construction prior
to recordation of the Final Map
9. All access rights shall be reserved by deed per county ordinance, offered for dedication,
and depicted on the final map. Place the following note on the final map: “approved road
name is a non-exclusive 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.”
10. Prior to recordation of the final 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.
11. Prior to recordation of the final map, relinquish abutter's rights of access to Butte County
along the Pentz Road frontage of parcel 1. Relocate driveway access to Street A.
12. Prior to recordation of the final 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 final map. A minimum of five alternate
names for each new street shall be submitted.
13. Prior to final road inspection, install all necessary traffic safety signs including stop signs.
14. Prior to recordation of the final map, obtain an encroachment permit and remove existing
driveway approach to Pentz Road per the terms of the encroachment permit.
15. Provide a cul-de-sac designed and constructed as specified in the county improvement
standards. The final map shall show the cul-de-sac.
16. Prior to the recordation of the final map, construct or provide a performance bond and labor
and material bond for the construction of a full street section on Street A to an RS-2C
county improvement standard with rolled curb, gutter, and sidewalk, 3″ AC, 12″ AB, prime
coat, fog seal and 95 % relative compaction. Submit design to the Land Development
Division for approval prior to construction. “R” value determination and other data may
be required to support the section design. Form a zone of benefit or other approved
maintenance entity within the county’s permanent road division for operation and
maintenance of interior street and storm drain facilities.
17. Street lighting shall be provided in accordance with Butte County requirements, accepted
design criteria, and recommendations of Pacific Gas & Electric Company. Where the
County has determined that it is not detrimental to health and safety, the developer may
choose to only install electrical outlets for streetlights. If streetlights are to be installed,
the annual energy costs shall be funded through a county service area (CSA), zone of
benefit within a permanent road division (PRD), or other entity as approved by the public
works director. The developer must complete the formation of the CSA, zone of benefit
within a PRD, or other approved entity prior to recordation of the final map. The formation
process will require the developer to fund the service until the beginning of the first fiscal
year in which service charges can be collected and to agree to an annual maximum service
charge to ensure continued operation of the facilities.
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18. Prior to the recordation of the Final Map, obtain an encroachment permit and construct a
standard S-18B road approach in accordance with County Improvement Standards.
Adequate sight distance at the intersection of access road and Pentz Road shall be provided.
19. Prior to final improvement inspection by the Department of Public Works, all new drain
inlets shall be labeled with the county approved drain marker per county standard S-40.
Improvement plans shall show and/or note the requirements for labeling inlets pursuant to
county standard S-40.
20. Show all easements of record on the final map.
21. Prior to or concurrently with the recordation of the final 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.
22. Pay the recording fees in effect at the time the final map and related documents are
recorded.
23. Prior to recordation of the final map, a preliminary soils report letter prepared by a
registered design professional and based upon adequate testing shall be submitted to the
Department of Public Works Land Development Division and Department of Development
Services Building Division for review and approval.
24. Prior to recordation of the final map, submit plans to the Land Development Division for
the installation and construction of a gate and road improvements in conformance with
Butte County Code Section 20-50.5. Construct or provide a performance bond and labor
and material bond for the construction prior to recordation of the final map.
CalFire/Butte County
25. Mitigation Measure #8:
A pressurized community water system for fire protection is required. The specific locations
and fire flow requirements shall be in accordance with the Fire Department specifications and
to the satisfaction of the County Fire Chief. Average required hydrant spacing 500 feet,
hydrant size 6 inches, and residual fire flow 1,000 gpm. Submit plans to the Fire Department
for review and approval prior to construction.
Plan Requirements: Place a note on a separate document and recorded concurrently with
the Final map or an additional map sheet stating that “Prior to construction, a pressurized
community water system for fire protection is required. Bonding could be allowed with
approval of the Fire Chief.”
Timing: The pressurized community water system shall be installed and approved prior to
the issuance of building permits, or bonded if approved by the Fire Chief.
Monitoring: The Butte County Fire Department/California Department of Forestry and Fire
Prevention is responsible for ensuring that the pressurized community water system is
installed and inspected. The Department of Development Services shall not issue any
building permits until the pressurized community water system is functioning, or bonded
if approved by the Fire Chief.
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26. Construction, installation or development of buildings and/or roads, driveways, gates and
bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—
Public Resources Code 4290, 4291 and current Butte County Improvement Standards,
whichever is stricter.”
27. Prior to building construction, provide an all-weather access of at least 10 feet wide 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.
28. Place a note on a separate document, which is to be recorded concurrently with the 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.
Environmental Health Division
29. Identify on the map or on an additional map sheet a 100-foot leach field free setback from
each existing well within 100 feet of property lines.
30. Identify on the map or on an additional map sheet a 100-foot leach field free setback from
the high water line of the creek on lots 3 and 4.
31. Identify on the map or on an additional map sheet unsuitable sewage disposal areas.
32. Prior to recordation of the Final Map, provide a letter or other documentation from Del Oro
Water Company stating that they are willing and able to supply domestic water to lots 1
through 4.
33. Place a note on the Final Map or on an additional map sheet that states, “Development of
lots 1 though 4 will require connection to a public water supply.”
Processing Fees
34. Prior to recordation of the Final Map, pay any outstanding project-related processing fees,
and/or Department of Fish and Game fees.
County Counsel
35. If this entire matter or any finding, action or condition of this matter is appealed to the
Board of Supervisors, the applicant or any other developer/operator other than the applicant
agrees to indemnify the County of Butte from liability or loss related to the approval of this
project and agrees to sign an indemnification agreement in a form approved by County
Counsel before the Board's appeal hearing. If the application is not appealed, this condition
is deemed satisfied.
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
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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.
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ATTACHMENT B
Map Extension Request
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ATTACHMENT C
Adopted Resolution PC09-53
RESOLUTION 09-53
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
APPROVING TENTATIVE SUBDIVISION MAP TSM08-0004 (WALSH)
WHEREAS, the Planning Commission has considered Tentative Subdivision Map TSM08-
0004 for James Walsh, in accordance with Chapter 20, Subdivisions, of the Butte County Code on
Assessor’s Parcel Number 055-300-054; and
WHEREAS, the Planning Commission has considered a Mitigated Negative Declaration in
accordance with the California Environmental Quality Act; 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 was held on November 12, 2009; and
WHEREAS, the Planning Commission has considered all public comments and a report from
the Planning Division.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission:
I. Adopts a Mitigated Negative Declaration with the following findings:
A. An Initial Study was completed in compliance with the California Environmental
Quality Act. Said study identified potentially significant environmental effects and
included mitigation measures that would mitigate such effects to a level of less than
significant.
B. The Planning Commission has considered the Mitigated Negative Declaration, together
with comments received during the review process.
C. On the basis of the whole record before the Planning Commission, including the Initial
Study and all comments received, there is no substantial evidence that the Tentative
Subdivision Map (Planning Division File No. TSM08-0004) would have a significant
impact on the environment. The custodian of the record is the Land Development
Division of the Public Works Department. The location of the record is 7 County
Center Drive, Oroville CA 95965.
D. The Mitigated Negative Declaration reflects the independent judgment and analysis of
Butte County, which is the Lead Agency.
II. Finds that the collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR
753.5 is required prior to filing a Notice of Determination for the project, unless the project
proponent provides verification from the California Department of Fish and Game that the
project is exempt from the fee requirement. If a required fee is not paid for the project, the
project will not be operative, vested or final and any local permits issued for the project will
be invalid (Section 711.4 (c) (3)).
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III. Approves Tentative Subdivision Map TPM08-0004 for James Walsh, subject to the conditions
found in Exhibit “A” and the following findings:
A. The project is consistent with the Low Density Residential General Plan land use
designation.
B. The proposed map is consistent with the Butte County General Plan’s Goals and
Policies, particularly Land Use Element Polices:
3.2.a. Residential densities shall be correlated to soil, slope and other natural site
characteristics.
3.2.b. Correlate residential densities to availability of water and sewage disposal and
proximity to other public facilities.
3.2.c. Relate residential densities to intensity and compatibility of adjacent uses.
3.2.d. Balance residential densities with traffic-carrying capacities of existing and
proposed circulation plans.
7.1.a. Consider fire hazards in all land use and zoning decisions, environmental
review, subdivision review and the provision of public services.
C. The project and existing use are consistent with the AR-1 (Agricultural Residential 1-
acre minimum) zone.
D. The design and improvements of the proposed subdivision are consistent with County
standards and policies provided all conditions of project approval are complied with.
E. The project is physically suitable for the use and density of the proposed development
because the majority of the project site does not contain steep slopes, there are no
drainage courses on the site, and the soils on the site are adequate for individual, on-
site septic systems.
F. The design and improvements of the project will not cause public health or safety
problems due to the large parcel sizes, and because the project site does not contain
any physical characteristics that could cause health or safety concerns with the
provided mitigations.
G. 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.
H. The project site is not located within an earthquake fault zone, a 100-year flood zone,
or an Airport Compatibility Zone. Compliance with Butte County Code Chapter 26
will ensure safety of structures and residents.
J. 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.
K. The project would not cause a significant impact to any residential or agricultural areas
adjacent to the project site.
Page 17 of 23
L. The roads in the project area have the capacity to handle the existing vehicular traffic
currently generated by the project; no additional development is proposed and therefore
no additional traffic will be generated by the project.
DULY PASSED AND ADOPTED this 12th day of November, 2009, by the following vote:
AYES: Commissioners Becker, Moore, Wilson and Vice-Chair Nelson
NOES:
ABSENT: Chair Marin
ABSTAIN:
_________________________________
Chair
Planning Commission
County of Butte, State of California
ATTEST:
_____________________________
Tim Snellings, Secretary
Planning Commission
County of Butte, State of California
Page 18 of 23
ATTACHMENT D
Planning Commission Minutes
■ BUTTE COUNTY PLANNING COMMISSION ■ ACTION MINUTES ■ NOVEMBER 12, 2009 ■ PAGE 1 ■
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR | PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
ADMINISTRATION * BUILDING * PLANNING
BUTTE COUNTY PLANNING COMMISSION
AGENDA
November 12, 2009
TIME: 9:00 a.m.
Meeting was called to order at 9:04 am by Vice-Chair Nelson.
PLACE: Board of Supervisors' Room
County Administration Center
25 County Center Drive
Oroville, CA 95965
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL - Commissioners Becker, Moore, Nelson, Wilson and Chair Marin
Present: Commissioners Becker, Moore, Wilson and Vice-Chair Nelson
Absent: Chair Marin
County staff in attendance:
County Counsel: Felix Wannenmacher, County Counsel
Development Services: Chuck Thistlethwaite, Planning Division Manager
Stacey Jolliffe, Principal Planner
Mark Michelena, Senior Planner
Kim McMillan, Administrative Assistant, Senior
Environmental Health: Doug Fogel, Program Manager
Public Works: Eric Schroth, Associate Civil Engineer
III. ACCEPTANCE OF AGENDA - Commission members and staff may request additions,
deletions, or changes in the Agenda order.
A motion to accept the agenda was made by Commissioner Wilson and seconded by
Commissioner Moore.
Ayes: Commissioners Becker, Moore, Wilson and Chair Nelson
Noes: None
Absent: Chair Marin
Abstain: None
■ BUTTE COUNTY PLANNING COMMISSION ■ ACTION MINUTES ■ NOVEMBER 12, 2009 ■ PAGE 2 ■
IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA
(Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from
taking action on any item presented if it is not listed on the Agenda).
None.
V. PUBLIC HEARINGS The Chair will call for staff comments. The hearing will be opened to the
public for proponents, opponents, comments, and rebuttals. The hearing will be closed to the public and
Page 19 of 23
discussion confined to the Commission. The Commission will then make a motion and vote on the item.
It is requested that public initiated presentations be limited to a maximum of 5 minutes so that all interested
parties will have an opportunity to address the Commission. Following your presentation, please print your
name and address on the speakers sheet so that the record will be accurate.
The recommendation of County staff is indicated below. It is only a recommendation and has not yet been
considered by the Planning Commission. Copies of the Staff Report are available at the Planning Division
Office between 8:00 a.m. and 12:00 p.m. Monday through Friday, or on the Butte County Department of
Development Services website at http://tinyurl.com/2009agendas
A. TPM07-0004 (Continued from meeting of October 22, 2009)
Name: Aida L. Merrill (formerly Oswood)
Project: Tentative Parcel Map
Planner: Mark Michelena APN: 068-341-027 Zoning: A-R/H-C
Location: The project parcel is located at 3864 Olive Highway (0.30 mile east of the
Olive Highway and Arbol Avenue intersection), east of the City of Oroville.
Proposal: 1.) A Tentative Parcel Map to divide a 10.39± acre parcel into two parcels;
one at 0.98 acres and the other at 9.41 acres. The site is developed with an existing
single-family dwelling, accessory structures, 60 RV sites, 5 mobilehomes, a laundromat,
office and undeveloped campground on the 9.41 acre parcel. 2.) An exception request to
frontage improvements (Condition #5).
Recommendation: Denial of the exception request and Approval of the tentative parcel
map, subject to conditions.
There is a 10-day appeal period on decisions with the Clerk of the Board.
A motion to approve the project, removing Cal-Fire Condition #11 and granting the
exemption request to frontage improvements (Condition #5), with a finding that the
granting of the exemption would not be detrimental to public welfare or injurious to
other property in the territory in which the property is located was made by
Commissioner Wilson and seconded by Commissioner Becker.
Ayes: Commissioners Becker, Wilson and Chair Nelson
Noes: Commissioner Moore
Absent: Chair Marin
Abstain: None
B. UP08-0006
Name: Kuehner Project: Use Permit
Planner: Stacey Jolliffe APN: 062-730-009 Zoning: U
Location: 10 Menzie Lane (cross street: Bald Rock Road); Berry Creek,
Proposal: The project is a Use Permit to allow an existing 800 square foot (sf)
■ BUTTE COUNTY PLANNING COMMISSION ■ ACTION MINUTES ■ NOVEMBER 12, 2009 ■ PAGE 3 ■
building plus a 14 sf expansion with a 346 sf storage building to be used as a
café/restaurant; open daily between the hours of 6:00 AM to 9:00 PM. The applicant
has requested that requirements for frontage improvements be waived.
Recommendation: Find the project categorically exempt from CEQA per a class 3
exemption, grant the request for waiver of requirements of County improvement
standards, and approve Use Permit UP08-0006, subject to conditions.
There is a 10-day appeal period on decisions with the Clerk of the Board.
A motion to find the project categorically exempt from CEQA per a class 3
exemption, grant the request for waiver of requirement of County improvement
standards, and approve UP08-0006, subject to conditions and findings was made by
Commissioner Wilson and seconded by Commissioner Becker.
Page 20 of 23
Ayes: Commissioners Becker, Moore, Wilson and Chair Nelson
Noes: None
Absent: Chair Marin
Abstain: None
C. UP06-0017
Name: Omnipoint Communications Project: Use Permit
Planner: Stacey Jolliffe APN: 069-360-008 Zoning: AR-1
Location: 135 Riverview Drive, (east side of Riverview Drive, 0.2-mile north of its
intersection with, the Gleness Drive) east of the City of Oroville.
Proposal: Construct and operate a 120’ wireless communications tower with 12
panel antennas and associated ground equipment.
Recommendation: Deny the Use Permit without prejudice.
There is a 10-day appeal period on decisions with the Clerk of the Board.
A motion to deny UP06-0017 without prejudice was made by Commissioner Moore
and seconded by Commissioner Becker.
Ayes: Commissioners Becker, Moore, Wilson and Chair Nelson
Noes: None
Absent: Chair Marin
Abstain: None
D. TPM09-0003
Name: Edward & Richard Fish Project: Tentative Parcel Map
Planner: Mark Michelena APN: 063-040-060 Zoning: TM-5 & TM-
20
Location: The project parcel is located approximately 0.3 miles east of State
Highway 32 (Deer Creek Highway) at 5053 Schott Road, Forest Ranch. Portion of
the NE ¼ of Section 5, T23N, R3E, MDB&M.
Proposal: A Tentative Parcel Map to divide a 40.03-acre parcel into two parcels
(20.01 and 20.02 acres). The applicants have also requested an exception to length of
a cul-de-sac (Butte County Code 20-133).
Recommendation: Adopt a Mitigated Negative Declaration prepared pursuant to
■ BUTTE COUNTY PLANNING COMMISSION ■ ACTION MINUTES ■ NOVEMBER 12, 2009 ■ PAGE 4 ■
CEQA and approve the Tentative Parcel Map, subject to conditions.
There is a 10-day appeal period on decisions with the Clerk of the Board.
A motion to adopt a Mitigated Negative Declaration, grant the exception request to
Butte County Code 20-133 regarding cul-de-sac requirements and approve the
Tentative Parcel Map for Richard and Edward Fish subject to conditions that
include clarification of language regarding Condition #4 to read that nondevelopment
areas will allow for the removal of brush for fire purposes and Timber
Harvesting plans, prepared pursuant to CEQA was made by Commissioner Wilson
and seconded by Commissioner Moore.
Ayes: Commissioners Becker, Moore, Wilson and Chair Nelson
Noes: None
Absent: Chair Marin
Abstain: None
E. TSM07-0009
Name: Michael Dequine & Associates, Inc/Hemstalk Enterprises, Inc.
Project: Tentative Subdivision Map
Page 21 of 23
Planner: Mark Michelena APN: 079-300-046 Zoning: A-R
Location: The site is located on the east side of Oakvale Avenue across from Tucker
Avenue, approximately 1.4 miles southeast of the city of Oroville and 1.1 miles south
of State Route 162.
Proposal: Tentative Subdivision Map to divide a 5.31-acre parcel into thirteen (13)
residential parcels ranging in size from 8,104 square feet to 22,251 square feet and
one 8,369 square foot open space/detention pond lot.
Recommendation: Adopt the Mitigated Negative Declaration prepared pursuant to
CEQA and approve the Tentative Subdivision Map, subject to conditions.
There is a 10-day appeal period on decisions with the Clerk of the Board.
A motion to adopt a Mitigated Negative Declaration prepared pursuant to CEQA and
approve TSM07-0009, subject to conditions was made by Commissioner Wilson and
seconded by Commissioner Becker.
Ayes: Commissioners Becker, Moore, Wilson and Chair Nelson
Noes: None
Absent: Chair Marin
Abstain: None
F. TSM08-0004
Name: Robert Walsh Project: Tentative Subdivision Map
Planner: Mark Michelena APN: 055-300-054 Zoning: AR-1
Location: East side of Pentz Road, approximately 0.2 miles north of Largo Vista Way,
south of the Town of Paradise (Section 31, T22N, R4E, MDB&M)
Proposal: Tentative Subdivision Map to divide a 7.9-acre parcel into four lots ranging
in size between 1.09 and 2.07 acres, served by individual septic system and public water
(Del Oro Water Company).
■ BUTTE COUNTY PLANNING COMMISSION ■ ACTION MINUTES ■ NOVEMBER 12, 2009 ■ PAGE 5 ■
Recommendation: Adopt the Mitigated Negative Declaration prepared pursuant to
CEQA and approve the Tentative Subdivision Map, subject to conditions.
There is a 10-day appeal period on decisions with the Clerk of the Board.
A motion to adopt the Mitigated Negative Declaration prepared pursuant to CEQA
and approve the Tentative Subdivision Map, replacing the old oak tree mitigation
language with the current oak tree ordinance subject to conditions was made by
Commissioner Wilson and seconded by Commissioner Moore.
Ayes: Commissioners Becker, Moore, Wilson and Chair Nelson
Noes: None
Absent: Chair Marin
Abstain: None
VI. GENERAL BUSINESS - This section of the agenda is to be utilized by the Planning Commission
and Director of Development Services on items of interest, general discussion, or items for which staff has
been directed to do research and bring back to the Commission. Items may not always be addressed at
every hearing, but will always be listed as part of the agenda.
A. Directors’ Report
2010 Planning Commission Calendar was presented to the Planning Commission.
B. Status Report on Butte County General Plan 2030
Chuck Thistlethwaite presented the Commission with the 65th update of the Butte
County General Plan 2030.
C. Status Report on Interim Amendments to Butte County Code
Page 22 of 23
None.
D. Update on Recent Board of Supervisors’ Actions
Chuck Thistlethwaite briefed the Planning Commission on the new Lighting
Ordinance and Generator Noise Ordinance that was recently adopted by the
Board of Supervisors.
E. Legislative Case Law Update
The Revised Statement of Decision on Dry Creek Coalition of Butte County, et al.
vs. Butte County Board of Supervisors et al. mine was discussed by Felix
Wannamacher.
F. Planning Commission Concerns
None.
■ BUTTE COUNTY PLANNING COMMISSION ■ ACTION MINUTES ■ NOVEMBER 12, 2009 ■ PAGE 6 ■
VII. COMMUNICATIONS - Communications received and referred. (Copies of all communications are
available in the Planning Division Office.)
VIII. MINUTES
A. October 22, 2009 Meeting
Motion to approve the October 22, 2009 action minutes was made by Commissioner
Moore and seconded by Commissioner Becker.
Ayes: Commissioners Becker, Moore and Chair Nelson
Noes: None
Absent: Chair Marin
Abstain: Commissioner Wilson
IX. ADJOURNMENT
Meeting adjourned at 12:07 pm
Page 23 of 23
ATTACHMENT E
Approved Tentative Subdivision Map