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HomeMy WebLinkAboutTPM18-0002_Conditions of Approval Tentative Parcel Map for Dudley and Judith Clark on APN 047-100-202; File # TPM18-0002: An application for a Tentative Parcel Map to subdivide a 40.15 acre parcel into two lots: 20.08 (Parcel 1) and 20.07 acres (Parcel 2). I. CONDITIONS OF APPROVAL: 1. Mitigation Measure AIR-1: The following best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third-party contractors during construction activities on the project site. These measures are intended to reduce criteria air pollutants that may originate from the site during the course of land clearing and other construction operations. Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than 10,000 Pounds • All on- and off-road equipment shall not idle for more than five minutes. Signs shall be posted in the designated queuing areas and/or job sites to remind drivers and operators of the five- minute idling limit. • Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited. • All construction equipment shall be maintained in proper tune according to the manufacturer’s specifications. Equipment must be checked by a certified mechanic and determined to be running in proper condition before the start of work. • Install diesel particulate filters or implement other CARB-verified diesel emission control strategies. • Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 100 feet of a restricted areas. • To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk hour emissions. Operational TAC Emissions • All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm). • Stationary sources shall comply with applicable District rules and regulations. Fugitive Dust Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses near a construction site. Dust complaints could result in a violation of the District’s “Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following is a list of measures that may be required throughout the duration of the construction activities: • Reduce the amount of the disturbed area where possible. • Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. An adequate water supply source must be identified. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. • All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved alternative method will be used. • Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. • Exposed ground areas that will be reworked at dates greater than one month after initial grading should be sown with a fast-germinating non-invasive grass seed and watered until vegetation is established. • All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the Butte County Air Quality Management District. • All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with local regulations. • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. • Post a sign in prominent location visible to the public with the telephone numbers of the contractor and the Butte County Air Quality Management District - (530) 332-9400 for any questions or concerns about dust from the project. All fugitive dust mitigation measures required should be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend period when work may not be in progress. The name and telephone number of such persons shall be provided to the District prior to land use clearance for map recordation and finished grading of the area. Please note that violations of District Regulations are enforceable under the provisions of California Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation. 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 placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services 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. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 2. Mitigation Measure BIO-1 Prior to future grading or development on Parcel 1, wetlands within the designated development area on Parcel 1 shall be mapped utilizing approved USACE methodologies to determine the nature and extent of each wetland feature by a qualified biologist. A 250-foot development avoidance ‘No Disturbance’ buffer shall be established around the edge of wetland resources. The width of the buffer may be reduced if the biologist verifies the absence of Vernal Pool Fairy Shrimp in the wetland resource. However, in no case shall the buffer be reduced to less than 50 feet. Wetland resources and the established development avoidance buffer area shall be delineated on development and/or grading plans. If future construction activities on the resultant parcels would affect the identified wetland resources or the established buffer area, the project proponent shall either obtain appropriate permits from the USACE, pursuant to Section 404 and 401 of the Clean Water Act, or obtain a letter from USACE that states the areas of disturbance would not impact jurisdictional features. Mitigation requirements for the fill of waters of the U.S. will be implemented through an onsite restoration plan, and/or an In Lieu Fund and/or a certified conservation bank with a Service Area that covers the proposed project area. These agreements, certifications and permits may be contingent upon successful completion of the CEQA process. Plan Requirements: On-site wetland resources shall be mapped with an avoidance buffer recommended by a qualified biologist. The wetland resource and buffer area shall be shown on any future grading or development plans. This measure shall be recorded on an additional map sheet of the Parcel Map. Timing: Requirements of the condition shall be adhered to prior to grading or development within the development area of Parcel 1. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure the mitigation measure is recorded on an additional map sheet of the Parcel Map. Department of Development Services and Public Works Department shall ensure the condition is met prior to development or grading activities. 3. Mitigation Measure BIO-2 Prior to construction activities on Parcel 1, the project proponent shall use exclusionary fencing to mark the boundaries of intermittent creeks, seasonal drainages, wetlands, swales, and vernal pools that are to be avoided. The exclusionary fencing shall be maintained in place throughout construction. Additional permitting conditions required by regulatory agencies may be required as a result of the permitting process. Plan Requirements: The mitigation shall be recorded on an additional map sheet to the Parcel Map, and noted on future development and grading plans. Timing: Requirements of the condition shall be adhered to prior to construction activities, and throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the mitigation measure is recorded on an additional map sheet of the Parcel Map, and noted on future development and grading plans. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 4. Mitigation Measure BIO-3 If project construction activities, including site grubbing and vegetation removal, occur during the nesting season for birds protected under the Migratory Bird Treaty Act (MBTA) and California Department Fish & Game Code (CDFC) (approximately February 1 – August 31), the project proponent shall retain a qualified biologist to perform preconstruction surveys for nesting bird species. Surveys to identify active bird nests shall be conducted within and 250 feet around the footprint of proposed construction site. The survey shall be conducted within 7 days prior to the initiation of construction activities. In the event that an active nest is observed, a species protection buffer shall be established. The species protection buffer will be defined by the qualified biologist based on the species, nest type and tolerance to disturbance. Construction activity shall be prohibited within the buffer zones until the young have fledged or the nest fails. Nests shall be monitored by a qualified biologist once per week and a report submitted to the Butte County Department of Development Services. Plan Requirements: Perform protocol-level surveys for migratory birds protected by the California Department Fish & Game Code and the Migratory Bird Treaty Act. This measure shall be recorded on an additional map sheet to the Parcel Map. Timing: Requirements of the condition shall be adhered to prior to and during construction activities planned to occur during nesting seasons for CDFC and MBTA species (between February 1 and August 31). Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the mitigation measure is recorded an additional map sheet of the Parcel Map. Department of Development Services shall ensure the condition is met at the time of construction activities. 5. Mitigation Measure CUL-1 If grading activities reveal the presence of prehistoric or historic 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 50 feet of the find shall immediately cease until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. If human skeletal remains are encountered, State law requires immediate notification of the County Coroner (530.538.7404). If the County Coroner determines that the 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. The provisions of this mitigation shall be followed during construction of all subdivision improvements, including land clearing, road construction, utility installation, and building site development. Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: The Department of Development Services and/or Public Works Department shall ensure the mitigation measure is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. State law requires the reporting of any human remains. 6. Mitigation Measure GHG-1 The project proponent shall implement the following measures during construction-related activities and at the time of development to offset the anticipated contribution of greenhouse gas emissions: • Prewire all new residential development to support photovoltaic system installation. • Install electrical vehicle outlets on external walls or in garages in all new residential development. • Minimize equipment idling time during construction activities either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minutes. • Use clean or alternative fuel equipment during construction-related activities to improve fuel efficiency. Plan Requirements: The measure shall be placed on an additional map sheet which is to be recorded with the Parcel Map. This note shall also be placed on all building and site development plans. Timing: Shall be implemented prior to issuance of building permits for residential development. Construction-related measures shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the mitigation measure is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Planning Division will ensure that future residential development includes the applicable measures during Building Permit review. Building inspectors shall spot check and shall ensure compliance on-site. Department of Development Services 7. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a CEQA Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Wildlife that the project is exempt from the fee requirement. If a required fee is not paid for a 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)). 8. The approved use shall be developed and maintained in substantial conformance with the approved tentative parcel map on file with the Butte County Planning Division. Minor changes to the approved map may be allowed subject to the approval of the Director of Development Services, if found to be in substantial conformance to the approved project. 9. Prior to recordation of the Parcel Map, the applicant shall pay any outstanding project-related processing fees. 10. The property owner shall record a declaration acknowledging the right to farm, pursuant to Chapter 35 of the Butte County Code (Agricultural Statement of Acknowledgement). 11. Place a note on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet that states: “A Declaration of Acknowledgement Right to Farm (Agricultural Statement of Acknowledgement) has been recorded on the parcels.” 12. The applicant shall delineate the ‘Future Development Area’ for Parcel 1 and Parcel 2 on an additional information sheet recorded with the Parcel Map. A notation shall be placed on the Parcel Map information sheet, which shall read: “Surface disturbances associated with the development of the parcel is limited to the designated development area, including, but not limited to, the development of residences, accessory structures, on-site wastewater disposal systems, wells, and access driveways. Modification of the development area is subject to discretionary review and approval by the Butte County Planning Commission, and may be subject to additional environmental review, pursuant to the California Environmental Quality Act. ” 13. The applicant shall establish a 50-foot buffer on both sides of the ephemeral drainage channel through Parcel 1. The channel and buffer area shall be mapped and noted on an additional map sheet of the Parcel Map. Land Development Division, Department of Public Works 14. 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." 15. All access rights shall be reserved by deed per county ordinance, offered for dedication, and depicted on the parcel map. Place the following note on the parcel 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.” 16. Prior to recordation of the parcel 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. 17. 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. 18. 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." 19. Prior to recordation of the parcel map, place a note on the parcel map or on an additional map sheet that states: Prior to issuance of a building permit on Parcel 2, the applicant shall 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. 20. Prior to recordation of the parcel map, provide approved access to Parcel 2 from a county maintained road or from a state highway. Construct or provide a performance, labor and material bond for construction of improvements to access road in conformance with county improvement standard RS- 8 LD-II, 20 feet wide with 4″ of CL II aggregate base, or to an alternative design standard that is in compliance with California Fire Safe Standard’s and approved by Butte County Fire/CDF 21. Prior to grading, a construction storm water permit 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. The permit must be obtained from the State Water Resources Control Board prior to construction. Submit engineering estimate of area to be disturbed to the Department of Public Works for review and approval. If a construction storm water permit is required, engineering plans shall show the Waste Discharge Identification (WDID) number on the title sheet of the plans and a copy of the erosion and sediment control plan shall be provided to the Land Development Division of the Public Works Department. If a construction storm water permit is required, place a note on an additional map sheet that states: “The development of this parcel 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).” 22. Show all easements of record on the parcel map. 23. 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. 24. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Environmental Health Division, Public Health Department 25. Prior to building permit approval, the project proponent shall obtain an On-Site Wastewater Construction Permit and construct on-site sewage disposal facilities in compliance with Chapter 19, Butte County Code. The proposed system shall be designed by a Certified Designer and meet specifications within the Butte County Onsite Wastewater Manual. If a non-discharging sewage disposal system is utilized, business operations shall be limited to non-retail low water use activities in accordance with Butte County Code, Section 19-7 C (10), and the Butte County On-site Wastewater Manual, Part Three, Chapter 16. 26. Within 30 days of storing hazardous materials at or above reporting quantities, project proponent shall submit a complete Hazardous Material Business Plan (HMBP) and Inventories into the California Environmental Reporting System (CERS) in accordance with California Health and Safety Code (HSC) Chapter 6.95, Article 1 (§25500-§25519) and California Code of Regulations (CCR) Title 19, Division 2, Chapter 4, Article 4. The project proponent shall comply with all applicable requirements of HMBP state laws and regulations including, but not limited to, initial and annual employee training, annual submittal of the HMBP in CERS and re-submittal of the HMBP in CERS within 30-days of a change of hazardous material formulation, type or quantity. Butte County Public Health Department, Environmental Health Division is the regulatory oversight agency for the HMBP program and will perform CERS submittal reviews and compliance inspections. 27. Prior to storing petroleum at the project facility in quantities greater than or equal to 1,320 gallons in aboveground tanks/containers greater than or equal to 55-gallons, the project proponent shall prepare and implement a Spill Prevention, Control, and Countermeasure (SPCC) Plan in accordance with the California Aboveground Petroleum Storage Act (APSA) as required in HSC Chapter 6.67 (§25270- §25270.13). The project proponent shall submit APSA information in the California Environmental Reporting System (CERS) and comply with all applicable requirements of the SPCC including, but not limited to, initial and annual employee training, SPCC review and updates and tank inspections. Butte County Public Health Department, Environmental Health Division is the regulatory oversight agency for the APSA program and will perform CERS submittals reviews and review the SPCC during compliance inspections. Butte County Fire Department/Cal Fire 28. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the current adopted California Fire Code, the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 29. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and 20 feet wide for commercial, and 15 feet vertical clearance that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. 30. Place a note on a separate document, which is to be recorded concurrently with the Parcel or 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. All flammable vegetation and fuels caused by site development and construction, road and driveway construction and/or fuel modification must be removed, chipped, buried or burned prior to completion of building permit. 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.