1. Butte County Board of Supervisors December 6, 2016
APPEAL OF PRESSURIZED WATER SYSTEM REQUIREMENT FOR TENTATIVE SUBDIVISION MAP TSM (Kevin Thomas)
Butte County Board of Supervisors
December 6, 2016

2. Vicinity Map
9086 Goodspeed Street in the southern portion of Durham.

3. TSM (Thomas)
Tentative Subdivision Map proposes four parcels ranging in size from one to about 1.7 acres in size and a designated remainder parcel.
A previous Tentative Parcel Map TPM was purchased and recorded by the applicant which led to this land division being a Tentative Subdivision Map under the Subdivision Map Act.
Because this is a Tentative Subdivision Map, Butte County Improvement Standards (Chapter 13 Fire Standards) requires the provision of a pressurized water system and hydrant to serve the subdivision.

4. Aerial View – Distance to Hydrant
Aerial view shows the Tentative Subdivision Map. The nearest water main and hydrant is located at Goodspeed and Via Calle Court, 850 feet north of Walnut Grove Drive and Goodspeed. The distance to where the hydrant is located in the subdivision is approximately 1,300 feet.

5. Surrounding General Plan and Zoning

6. September 22, 2016 Planning Commission Action
Approved Tentative Subdivision Map TSM for Kevin Thomas to divide 6.29 acres into four parcels and a designated remainder, not less than one acre in size in the VLDR-1.0 zone subject to conditions including Condition of Approval No 23 (COA No. 23) requiring provision of a pressurized water system.

7. Condition of Approval #23 for Pressurized Water System
23. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is 800 feet, hydrant size 6 inches, and residual fire flow of 1,000 GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction.
Applicant is appealing the Planning Commission’s imposition of Condition of Approval #23 requiring a pressurized community water system for fire protection.

8. Exception Request for No Pressurized Water System/Hydrant
Butte County Improvement Standards for Fire Protection requires system with more than four lots under 3 acres in size.
In 2015, applicant recorded Tentative Parcel Map TPM adjacent to this property.
Under the Subdivision Map Act, Tentative Subdivision Map TSM created the fifth through eighth lots by this subdivider, which triggered requirement for pressurized water system.
Applicant's exception request noted another subdivider could divide the property without the same requirement.

9. Exception Request for No Pressurized Water System/Hydrant
Applicant's exception request noted another subdivider could divide the property without the same requirement.
Butte County has a dedicated fund for water hydrants in the Durham Irrigation District (DID) at a cost of $1.72 per linear foot of parcel frontage. The applicant has agreed to pay the DID fire hydrant fee for the four parcels and designated remainder to be created by TSM

10. Findings to Grant Exception Request (BCC §20-4)
That there are special circumstances or conditions of topography or size or shape or location or existing development affecting the property, which circumstances, conditions or development existed at the time the applications for the map was determined or deemed to be complete; and
That the granting of the exception will not be detrimental to the public welfare or injurious to other properties in which the property is situated.

11. Special Circumstances
Applicant recorded the final parcel map for TPM , creating four parcels and a designated remainder on adjacent land. TSM created the fifth through eighth lots triggering the requirement for the pressurized water system.
The distance from the end of the existing water main and the parcels created by TSM is 1350'. Two of the proposed parcels, and the designated remainder parcel, already have wells and would likely not connect.

12. Special Circumstances (cont.)
The proposed subdivision would enable the construction of four new primary residential units and, possibly, five secondary residential units on parcels ranging in size from 1.0 to 1.7 acres in the VLDR .
Applicant notes this is an infill project completely surrounded by existing residential units and cannot be further divided. The proposed parcels are one acre or larger and the proposed structures will be on private wells and have sprinkler systems.

13. Special Circumstances (cont.)
In case of fire in the subdivision, water for firefighting purposes would be provided via water trucks dispatched with other fire equipment.
Project is within a Local Responsibility Area for fire response.

14. Not Detrimental to Public Welfare or Injurious to Other Property
Fire equipment dispatched in South Durham includes a water truck for the provision of water for firefighting purposes.
Project is within a Local Responsibility Area for fire response.
The proposed parcels are one acre in size or larger and proposed structures will be on private wells and be have sprinkler systems.

15. Not Detrimental to Public Welfare or Injurious to Other Property (cont
The roadway design of Walnut Grove Drive provides safe and adequate access for fire equipment to the project parcels.

16. Staff Recommendation:
Grant the appeal to delete Condition of Approval No. 23 and approve the exception request for a pressurized water system with approval of Tentative Subdivision Map TSM Action Requested Adopt resolution and authorize the Chair to sign.