STAFF REPORT March 3, 2015 PRJ #2014-007 PM #4201 CZ #2014-007 GENERAL PLAN DESIGNATIONS (Exhibit A): SITE: MDR (Medium Density Residential) Designation SURROUNDING: MDR (Medium Density Residential) Designation ZONING (EXHIBIT B) SITE: PROPOSED: AR-5 (Agricultural Rural 5 Acre) District RRS (Residential Rural Single Family) District SURROUNDING: AR-5 (Agricultural Rural 5 Acre) District LAND USE: SITE: Rural Residential SURROUNDING: Rural Residential, Agricultural SIZE OF PROPERTY (EXHIBIT C): 14.38 Acres ACCESS (EXHIBIT C): The property is accessed from Thiel Court off of Road 16. WILLIAMSON ACT: The property involved in this proposal is not subject to a Williamson Act (Agricultural Preserve) contract. BACKGROUND AND PRIOR ACTIONS: In 2004, Parcel Map 3965 was recorded creating the current parcel configuration. PROJECT DESCRIPTION: The application is for a division of 14.38 acres into 4 parcels and a remainder parcel, a rezone from AR-5 (Agricultural Rural-5Acre) District to RRS (Residential Rural Single Family) District. A lot line adjustment has also been submitted to alter the current parcel configuration to allow for the proposed parcel map. The lot line adjustment has been conditionally approved pending approval of the rezone to allow for the smaller parcel sizes. The lot line adjustment map is attached as EXHIBIT G. ORDINANCES/POLICIES: Madera County County Code 18.14 governs allowed uses within the RRS (Residential Rural Single Family) district. JB Madera County County Code 17.72 governs the requirements for processing and reviewing parcel maps. ANALYSIS: The project site is located just south of the City of Chowchilla city limits. The applicant consulted with the City prior to application submittal. No concerns or comments were given by the City on this application. The proposed rezone is 2
STAFF REPORT March 3, 2015 PRJ #2014-007 PM #4201 CZ #2014-007 consistent with the current General Plan designation of MDR (Medium Density Residential). There are parcels in the surrounding vicinity with the same district as what is being proposed (RRS). A lot line adjustment has also been submitted to adjust the current parcel configuration to allow for the proposed parcel map to proceed. Approval of the lot line adjustment is a ministerial action. The adjustment was not included as part of this project because it is exempt from the Subdivision Map Act as per Section 66412 of the Government Code. Current configuration After LLA JB 3
STAFF REPORT March 3, 2015 PRJ #2014-007 PM #4201 CZ #2014-007 After Parcel Map There are single family dwelling units in existence on the parcels. The proposed parcel map will divide one of the parcels which will be created as a result of the proposed lot line adjustment that was submitted concurrently with this application. All the parcels proposed will be one acre and larger. There is also a remainder parcel proposed which is allowed as per Section 66424.6 of the Subdivision Map Act. The area is generally flat. There is both agricultural and rural residential development in the surrounding area. Septic tanks and individual wells are currently in use and will be allowed as per the Environmental Health Division s requirements. Access will taken from Thiel Court, which was constructed as a condition of Parcel Map 3965. An access easement will be provided to proposed Parcel D ; however, it also has direct access to Road 15 in case of an emergency. Since a Mitigated Negative Declaration has been authorized for this project under the provisions of Section 711.4(c) of the Fish and Game Code, an Environmental Document Application/Filing Fee is required in conjunction with the processing of this project and the filing of the required Notice of Determination. In addition, a fifty dollar ($50.00) County Administrative Fee must be included. A single check made payable to the County of Madera is required. (The fee is to be submitted to the Planning Department.) State law (Section 21089(b) of the Public Resources Code) provides that project approval is not operative or final until these Fish and Game fees are paid. Comments were received from the Road, Fire, and Environmental Health Departments, as well as the Assessor s Office, Caltrans, and the Golden Valley Unified School District. JB 4
STAFF REPORT March 3, 2015 PRJ #2014-007 PM #4201 CZ #2014-007 GENERAL PLAN CONSISTENCY STATEMENT: The proposed zone district of RRS (Residential Rural Single Family) is consistent with the underlying General Plan designation of MDR (Medium Density Residential). The MDR designation allows for single family detached and attached homes, duplexes, triplexes, fourplexes, garden apartments, mobilehome parks, group quarters, bed-and-breakfast establishments, public and quasi-public uses, and similar and compatible uses. The RRS zone district allows for single family dwelling units by right. The minimum parcel size is one acre. The proposed zone district is consistent with the general plan designation. FINDINGS The Madera County Parcel Map Ordinance requires that the following findings of fact must be made by the Planning Commission to recommend approval of this entitlement: 1. The proposed map is consistent with applicable general and specific plans. This proposal includes a rezone to RRS (Residential Rural Single Family) District to create consistency. The proposed parcel sizes meet the one acre minimum parcel size of the proposed zone district. 2. The design or improvements of the proposed subdivision is consistent with applicable general and specific plans. The proposed rezone will allow for the proposed parcel sizes. 3. The site is physically suitable for the type of development. No development is proposed as part of this project. The proposed parcel sizes meet the required minimum parcel size of one acre. 4. The site is physically suitable for proposed density or development. The proposed parcel sizes meet the required minimum parcel size of one acre. 5. The design of the subdivision or the proposed improvements is not likely to cause serious public health problems. No improvements are required as part of this project. By complying with all statutes and codes of the responsible agencies, the impacts to public health will be less than significant. 6. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. The proposal is a minor division of land. No species of concern exist on the project site. The surrounding area is predominantly agriculture and rural residential in use. JB 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless subject to section 66414.01 of the Government Code which indicates that a tentative map, or 5
STAFF REPORT March 3, 2015 PRJ #2014-007 PM #4201 CZ #2014-007 a parcel map for which a tentative map was not required, if an environmental impact report was prepared with respect to the project and a finding was made pursuant to paragraph (3) of the subdivision (a) of section 21081 of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. There are no easements on the property in which the public at large has access through. 8. The parcel map committee may approve the map if it finds that alternate easements, for access or use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. No easements will be affected or created as a result of this project. RECOMMENDATION: Staff recommends approval of Parcel Map #4201, Rezone #2014-007 subject to conditions, Mitigated Negative Declaration #2015-02 and the Mitigation Monitoring Program. CONDITIONS: See attached Conditions Monitoring Program ATTACHMENTS: 1. Exhibit A, General Plan Map 2. Exhibit B, Zoning Map 3. Exhibit C, Assessor s Map 4. Exhibit D, Tentative Parcel Map 5. Exhibit E, Aerial Map 6. Exhibit F, Topographical Map 7. Exhibit G, Lot Line Adjustment Map 8. Exhibit H, Operational Statement 9. Exhibit I, Environmental Health Division Comments 10. Exhibit J, Public Works Department Comments 11. Exhibit K, Initial Study 12. Exhibit L, Mitigated Negative Declaration JB 6
CONDITIONS OF APPROVAL PROJECT NAME: PRJ-BdS #2014-007 (CZ #2014-007 & PM #4201) PROJECT LOCATION: Southeast corner of Thiel Court and Road 16 (15120 Thiel Court), Chowchilla PROJECT DESCRIPTION: Division of 14.38 acres into four parcels and one remainder parcel (1.00 acre, 1.39 acres, 1.13 acres, 1.20 acres) and a rezone to allow the parcel sizes APPLICANT: Benchmark Engineering CONTACT PERSON/TELEPHONE NUMBER: (831) 464-5021 No. Condition Department/Agency Verification of Compliance Initials Date Remarks ENVIRONMENTAL HEALTH DEPARTMENT Each individual parcel(s) must have its own sewage disposal system and *water well, and maintain County required setbacks [Madera County 1 Code 14.20]. *If parcels are on shared water well a Shared Water Well Agreement document must be submitted to our division prior to Final Map. The owner/operator must obtain all the necessary Environmental Health Division permits prior to any construction activities on site and must 2 comply with Madera County Code(s) Title 13 and 14 throughout the property development as it pertains to the Sewage Disposal System(s) and Water System(s). FIRE DEPARTMENT No comments PLANNING DEPARTMENT 1 The final map will require the notarized signature(s) of the property owner(s). 2 The final map will require the completion of the applicant's certificate. 3 Place an Applicant Notary Public's certificate on the final parcel map. 4 The final map will require the completion and signature of the property owner's Notary Public. 5 The final map will require the signature and seal of the project engineer/surveyor. 6 The final map will require completion of the surveyor's certificate. 7 Place all other required certificates on the final parcel map as per Madera County Code Chapter 17.72. Pursuant to the California Government Code (Subdivision Map Act), the signature(s) of the beneficiary(ies) and/or trustee(s) under deed(s) of 8 trust, if any, must be provided on the map and on any necessary documents required by the map process, such as offers of dedication. Pursuant to the California Government Code (Subdivision Map Act), public utilities or public entities whose easements are affected by this map have thirty (30) days to determine if the map will unreasonably interfere with the free and complete exercise of the easements. A copy of 9 the map and the easement(s) must be sent by certified mail to the affected public utility or entity by your project surveyor/engineer. Either a copy of the surveyor/engineer s notice to the utility/entity with a copy of the dated certified return receipt or a letter of consent to the recording of the map from the utility/entity must be provided to the Planning Department prior to final map approval. Supply the Planning Department with a land division guarantee (current within 30 days) covering the entire parcel proposed for division, as 10 well as any portion of road right-of-way being offered for dedication to the County of Madera. 11 Identify this proposal as Parcel Map #4201. 12 All parcels proposed by this division must be identified as a parcel with a numerical value (i.e., parcel #1, parcel #2, etc.). 13 The final parcel map shall indicate gross and net acreages for all parcels being created. 14 Place a north arrow on the final map. 15 Place a vicinity map on the final map. The final map shall utilize a written and graphic scale of 1 inch = 100 feet (or larger), unless written authorization is received from the Planning 16 Department to deviate therefrom. The final map shall indicate all structures which exist on the property with setback distances to the nearest two property lines. If there are no 17 structures, add a note so stating. 18 The final map shall indicate type of structures together with their dimensions. Under the provisions of County Code Section 17.72.187, prior to final map recordation the applicant or his authorized agent will provide the 19 Planning Director with Will Serve letters from the appropriate water, wastewater, power, and telephone companies. 20 The final map shall indicate the proposed division lines by means of short dashed lines. As per the Quimby Act and Title 15 of the Madera County Code, the applicant shall pay $2,183.83 in park fees 21 The final parcel map shall indicate a driveway location for each parcel being created. The driveway shall be a minimum of ten (10) feet in 22 width and must be located within the road frontage of the parcel it serves. Each location is subject to inspection and approval. Place the appropriate offer of dedication certificate(s) on that portion of road right-of-way which was offered for dedication to the County of Madera prior to submission of this proposal. The certificate shall read as follows, as appropriate: a. For offers of dedication recorded prior to January 1, 1990: " 60 '-wide road right-of-way previously offered for dedication to the County of Madera in Book? at page?, Madera County Official Records." 23 1. and/or b. For offers of dedication recorded on or after January 1990: " 60 '-wide road right-of-way previously offered for dedication to the County of Madera as Instrument #? -?, Madera County Official Records." 1
No. Condition The final map will require the completion of all data (i.e., record data, notes, original acreage, references, previous grant deeds and/or offers 24 of dedication, etc.). 25 The final map shall require letters of approval from the Assessor, Road, and Environmental Health Departments. Payment of all payable liens (estimated taxes, pending supplemental taxes, supplemental taxes, current taxes, delinquent taxes, and/or 26 penalties, etc.), if any, must be made to the County of Madera prior to review by the County Counsel's Office. A recording fee, based upon the number of final map pages, shall be supplied to the Planning Department and made payable to the County of 27 Madera for use in final map recordation. A Notice of Right-to-Farm shall be recorded simultaneously with the approved final parcel map in compliance with Madera County Code 28 Section 6.28.060. A separate $17.00 recording fee shall be supplied to the Planning Department by check made payable to the County of Madera for use in recording the required notice. Each addressable structure shall have its address posted on it. If the posted address is not visible from the roadway to which the address is 29 issued, the address shall also be posted at the intersection of that roadway and the driveway serving the structure. Multiple addresses shall be posted on the same post. 30 This proposal must complete processing within two (2) years of lead agency tentative approval. 31 The final map shall be processed in accordance with Title 7 of the California Government Code and Title 17 of the Madera County Code. Corrective comments pertinent to the final map may be stipulated upon review of the final map for compliance with the aforementioned 32 conditions. PUBLIC WORKS DEPARTMENT 1 2 Parcel A, B, and C will access along Thiel Court which is an offered 60 ft road. Parcel D will have access to Road 15 which is a Minor Road requiring 60 ft of right of way. There is currently 30 ft of right of way on the project side thus not requiring any additional right of way. All driveway approaches accessing the site shall be built to a Residential County Standard. Any construction within the County road of right-ofway will require an Encroachment Permit from the Public Works Department. Once this permit is secured, the applicant may commence with construction. The subject property is not within, or adjacent to, a Maintenance District or Service Area administered by the Public Works Department. The proposed development does not appear to be located within a flood prone area. Developer shall provide private on site sewer and water systems to both parcels. Each of the parcels shall provide and maintain its own drainage system and all on-site runoff shall be contained on site. The subdivider shall provide flood control or drainage systems within his land division to carry storm runoff both tributary to and originating within the land division in accordance with the flood control practices established by the county. Post development drainage flow shall be limited to the predevelopment rate. Areas known to be dangerous by reason of geological conditions, unstable subsurface conditions, ground water or seepage conditions, flood hazard, inundation, erosion or any other dangerous condition shall not be divided except under restrictions as to use of all or any part thereof. Said portions shall be clearly shown and so stated on or in an additional document or additional map sheet recorded at the same time as the final map. The applicant shall submit a grading, drainage plan to the Public Works Department for review and approval. This plan shall identify onsite retention for any increase in storm water runoff generated by the proposed development. The grading, drainage plan shall be prepared by a licensed professional. All National Pollution Discharge Elimination System (NPDES) storm water regulations and standards shall be met. It is possible that the quality of storm water may be affected by pollutants. The applicant shall mitigate any impacts associated with storm water contamination caused by this project. A Storm Water Pollution Prevention Plan (SWPPP) is required for all projects 1-acre or more of site disturbance. All stabilized construction on and off site access locations shall be constructed per the latest edition of the California Stormwater Quality Association (CASQA) details to effectively prevent tracking of sediment onto paved areas. All BMPS to be inspected weekly and before and after each rain event. Repair or replace as necessary. The contractor shall abide all of the laws, ordinances, and regulations associated with the NPDES and the Clean Water Act. Contractor shall be responsible for locating all underground utilities prior to the start of any work by contacting Underground Service Alert (USA) 48 hours prior to any excavation at 1-800-227-2600 Contractor shall be responsible for contacting the appropriate party in advance of any work for necessary inspections in compliance to these plans, standard plans and standard specifications. ASSESSOR'S OFFICE 1 The applicant shows all improvements on applicants land. 2 The applicant files 1 Completed Assessor s Form AO 93 regarding the Subdivision/Parcel Map improvements. Department/Agency Verification of Compliance Initials Date Remarks 2
No. Condition Department/Agency Verification of Compliance Initials Date Remarks 3
No. Condition Department/Agency Verification of Compliance Initials Date Remarks 4
RD 15 RD 15 1/2 EXHIBIT A VLDR HWY 233 Chowchilla CC HDR HDR THIEL CT < MDR VLDR AVE 24 AR OS RER OS AR ± GENERAL PLAN MAP
EXHIBIT B Chowchilla RRS THIEL CT < RD 15 AR-5 AVE 24 ARE-40 ± ZONING MAP
ASSESSOR S MAP EXHIBIT C
EXHIBIT E THIEL CT < RD 15 AVE 24 Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community ± AERIAL MAP
RD 15 RD 15 1/2 EXHIBIT F HWY 233 THIEL CT < AVE 24 RD 15 3/4 ± Copyright: 2013 National Geographic Society AVE 23 1/2 TOPOGRAPHICAL MAP
EXHIBIT H
R ESOURCE MANAGEMENT Environmental Health Department Jill Yaeger, Director A GENCY.., EXHIBIT I 2037 West Cleveland Avenue Madera, CA 93637 (559) 675-7823 M EMORANDUM TO: FROM: Jamie Bax Environmental Health Department DATE: February 24, 2015 RE: Benchmark Engineering, Inc. - Project - BdS - Chowchilla (026-240-064-000) Comments TO:Planning Department FROM:Environmental Health Division DATE: January 8, 2015 RE:Project: PRJ#2014-007 Benchmark Engineering, Inc. - Chowchilla, APN 026-240-064 Environmental Health Division comments/conditions: Each individual parcel(s) must have its own sewage disposal system and *water well, and maintain County required setbacks [Madera County Code 14.20]. *If parcels are on shared water well a Shared Water Well Agreement document must be submitted to our division prior to Final Map. The owner/operator must obtain all the necessary Environmental Health Division permits prior to any construction activities on site and must comply with Madera County Code(s) Title 13 and 14 throughout the property development as it pertains to the Sewage Disposal System(s) and Water System(s). If there are any questions or comments regarding this information or for copies of any Environmental Health Permit Applications please contact our department at (559) 675-7823, M-F, 8:00 am to 5:00 pm. Page 1 of 1
COUNTY OF MADERA DEPARTMENT OF PUBLIC WORKS JOHANNES J. HOEVERTSZ DIRECTOR EXHIBIT J 2037 West Cleveland Avenue Madera, CA 93637-8720 (559) 675-7811 Road (559) 675-7817 Engineering (559) 675-7820 Special Districts MEMORANDUM DATE: TO: FROM: SUBJECT: February 24, 2015 Jamie Bax Madera County Engineering Department Benchmark Engineering, Inc. - Project - BdS - Chowchilla (026-240-064-000) Comments DATEJanuary 12, 2015 TOJamie Bax, Planning Department FROMPhu Duong, Public Works Department SUBJECTPRJ#2014-007, PM#4201, CZ#2014-007 (APN 026-240-064) Benchmark Engineering, Inc. The Public Works department has reviewed the PRJ#2014-007, PM#4201, CZ#2014-007 with APN 060-020-012 located at the southeast corner of Road 15 and Thiel Court. The following requirements must be satisfied prior to County approval of the final improvement plans. 1.Parcel A, B, and C will access along Thiel Court which is an offered 60 ft road. Parcel D will have access to Road 15 which is a Minor Road requiring 60 ft of right of way. There is currently 30 ft of right of way on the project side thus not requiring any additional right of way. 2.All driveway approaches accessing the site shall be built to a Residential County Standard. Any construction within the County road of right-of-way will require an Encroachment Permit from the Public Works Department. Once this permit is secured, the applicant may commence with construction. 3.The subject property is not within, or adjacent to, a Maintenance District or Service Area administered by the Public Works Department. 4.The proposed development does not appear to be located within a flood prone area. 5.Developer shall provide private on site sewer and water systems to both parcels. Each of the parcels shall provide and maintain its own drainage system and all on-site runoff shall be contained on site. The subdivider shall provide flood control or drainage systems within his land division to carry storm runoff both tributary to and originating within the land division in accordance with the flood control practices established by the county. Post development drainage flow shall be limited to the predevelopment rate. Areas known to be dangerous by reason of geological conditions, unstable subsurface conditions, ground water or seepage conditions, flood hazard, inundation, erosion or any other dangerous condition shall not be divided except under restrictions as to use of all or any part thereof. Said portions shall be clearly shown and so stated on or in an additional document or additional map sheet recorded at the same time as the final map. Page 1 of 2
6.The applicant shall submit a grading, drainage plan to the Public Works Department for review and approval. This plan shall identify onsite retention for any increase in storm water runoff generated by the proposed development. The grading, drainage plan shall be prepared by a licensed professional. 7.All National Pollution Discharge Elimination System (NPDES) storm water regulations and standards shall be met. It is possible that the quality of storm water may be affected by pollutants. The applicant shall mitigate any impacts associated with storm water contamination caused by this project. A Storm Water Pollution Prevention Plan (SWPPP) is required for all projects 1-acre or more of site disturbance. 8.All stabilized construction on and off site access locations shall be constructed per the latest edition of the California Stormwater Quality Association (CASQA) details to effectively prevent tracking of sediment onto paved areas. All BMPS to be inspected weekly and before and after each rain event. Repair or replace as necessary. The contractor shall abide all of the laws, ordinances, and regulations associated with the NPDES and the Clean Water Act. 9.Contractor shall be responsible for locating all underground utilities prior to the start of any work by contacting Underground Service Alert (USA) 48 hours prior to any excavation at 1-800-227-2600 Contractor shall be responsible for contacting the appropriate party in advance of any work for necessary inspections in compliance to these plans, standard plans and standard specifications. If you have any questions please contact Phu Duong at 559-675-7811. Page 2 of 2
MND # 2015-02 MITIGATION MONITORING REPORT No. Mitigation Measure Monitoring Phase Aesthetics Enforcement Agency Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Agricultural Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Mineral Resources Noise Population and Housing Public Services Recreation As per the Quimby Act and Title 15 of the Madera County 1 Code, the applicant shall pay $2,183.83 in park fees Transportation and Traffic Utilities and Service Systems 1