Butte County planning commission approves phased final map and time extension for Orchard Crest Estates amid neighbor drainage, access concerns

The Butte County Planning Commission on April 24 approved a map modification to allow phased recording of the Orchard Crest Estates subdivision and voted to extend the tentative map’s expiration after a public hearing in which neighbors raised concerns about drainage, road access and an improperly placed retaining wall.

Staff told the commission that the tentative map approved in 2024 allows 92 lots on a 21-acre site in the Thermolito area and recommended a six-year extension of the map’s expiration to Jan. 25, 2032 and a phased final map that would record the northern 46 lots first and the southern 46 lots afterward. Roland Hickel, senior planner in the Development Services Department, presented the staff report and recommended approval of the revised resolution included in commissioners’ packets.

The recommendation matters, staff said, because it preserves the tentative map approval while allowing the developer to record the subdivision in two phases. Roland Hickel said staff included a revised resolution for commission action.

Neighbors said the project’s construction to date and the proposed phasing raise immediate concerns. David Goyer, a property owner north of the site, said, “They are moving forward. They are not addressing the drainage.” Daryl Buis, who lives on Middlehoff Avenue north of the development, told the commission that Middlehoff is the only access for his neighborhood and said, “Our road is actually the only access we have in and out is, Middlehoff Avenue.” Holiday and family-safety concerns figured in several public comments: Gretchen Clinking Beard said new traffic would change a quiet neighborhood and could affect children who play near the roadway.

The developer spoke at the public hearing. Pedro Rowe said he is under contract to sell the first half of the subdivision to Chip Homes and explained the requested phasing and timing: “I’m selling these lots to Chip Homes, which we are under contractual obligation to deliver the first, the first half to, by May 30,” and said the second phase is under contract for “October 30, first of ’26.” He told the commission the developer intends to finish the project and does not plan a prolonged construction period.

Butte County Public Works staff and the developer addressed several technical concerns raised by neighbors. Kim Hunter, deputy director of Land Development for Butte County Public Works, said the county reviewed site work and has required corrective actions. On a specific question whether private property would be taken to widen Middlehoff, Hunter said, “There’s no private property will be taken. The county owns the right of way on both sides of the road.” Hunter said the planned improvements will be within the project frontage and that the rest of Middlehoff beyond the project frontage will remain in its current condition until future development or county projects address it.

Commissioners and staff acknowledged a retaining wall had been constructed incorrectly. The developer and his engineer told the commission the wood retaining wall was an error and that plans were revised to replace it with a concrete retaining wall in the correct location, and that drainage from the back lots will be piped to an on-site retention pond. The developer said the change has been approved by Public Works and will be implemented.

After public comment and commission discussion, a commissioner moved to adopt the resolution approving the Orchard Crest Estates map modification and to extend the tentative map expiration; another commissioner seconded the motion. The commission voted in favor; the clerk advised that an appeal may be filed within 10 days of the decision.

Votes at a glance

- Motion: Adopt resolution approving map modification to phase final map recording and approve map extension for Orchard Crest Estates (MEXT 25-1). - Mover: not specified in the hearing record. - Second: not specified in the hearing record. - Outcome: approved. - Vote tally: yes 5, no 0, abstain 0 (five commissioners were present for the hearing).

The commission’s approval preserves the tentative map while the developer implements corrected construction details and prepares phased final maps. Neighbors who spoke requested continued county oversight of drainage and road impacts; the commission and Public Works affirmed previously required corrections will be enforced and that further questions about improvements beyond the project frontage are for future planning or county action.