HomeMy WebLinkAboutTSM18-0003 Memo to PW 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
MEMORANDUM
TO: Public Works – Land Development Division FROM: Mark Michelena SUBJECT: TSM18-0003 (Garden Oak Estates); APN 078-090-043 & -044) – Jeff Ashlock DATE: January 24, 2019
TSM18-0003 was approved by the Planning Commission on January 24, 2019. Enc. Approval Letter Conditions of Approval Approved Map
buttecounty.net/dds
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
January 24, 2019
Mr. Jeff Ashlock
517 Cheyenne Lane
San Jose, CA 95123
Re: Planning Commission Approval - TSM18-0003 (Garden Oak Estates - Ashlock);
APNs: 078-090-043 & -044
Dear Mr Ashlock:
At the regular meeting of the Butte County Planning Commission held January 24, 2019, your request
for a Tentative Subdivision Map was approved. Should you desire to appeal any of the decision by
the Planning Commission, you must do so in writing, prior to 5:00 p.m., Monday, February 4, 2019
to the:
Clerk of the Board
25 County Center Drive
Oroville, California, 95965
The appeal fee of $726.00 must be paid at that time. If you do not appeal within the 10 calendar-day
appeal period, or no one else files an appeal, the action of the Planning Commission is final.
Once the approval has become final, please work with your surveyor and contact the Butte County
Public Works Department to complete the conditions of approval and record the Subdivision Map.
Public Works is located at 7 County Center Dr., Oroville, CA 95965, or can be reached by phone at
530.538.7266. You have two (2) years to record the map, or prior to the map expiring, you can submit
in for a map extension. Map extensions should be filed a minimum of 30 days prior to expiration.
Should you have any questions regarding this matter, please contact me at (530) 552-3683, or by email
at mmichelena@buttecounty.net between 8:00 a.m. and 4:00 p.m., Monday through Friday.
Sincerely,
Mark Michelena, Senior Planner
Enc.
Cc. Wes Gilbert
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 2 of 18
3. Mitigation Measure #3: Air Quality Control Measures
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, and each application for a building permit for new construction, 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.
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. Idling time shall not exceed to 10 minutes for any diesel engine.
k. Where feasible, give preference to utilizing the following equipment:
• Electric equipment
• Substitute gasoline-powered for diesel-powered equipment
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 3 of 18
• 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 CARB’s 1996 or newer certification
standard for off-road heavy-duty diesel engines.
l. Construction workers shall park in designated parking area(s) to help reduce dust emissions.”
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.
4. Mitigation Measure #4: Nesting Migratory Birds and Raptors Prior to initiation of any ground disturbing/construction activities during the nesting season (1
March and 15 September), the area within 0.5 mile of the proposed disturbed area must be surveyed by a qualified biologist for active raptor and migratory bird nests during the appropriate nesting period for the species. All raptor and migratory bird nests on the project site should be avoided until young have fledged in accordance with the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712; Ch. 128; July 13, 1918; 40 Stat. 755) as amended.
A. If an active nest is located within 0.5 mile of the project site, a biologist will monitor the nest weekly during construction to evaluate potential disturbance to nesting from construction activities. The monitor will have the authority to stop construction if it appears to be resulting in nest abandonment or forced fledging. Following a review of the breeding pair's behavior, CDFG will determine whether project activities in the area may continue
during the nesting season and, if so, the conditions under which they may continue.
B. If an active nest occurs in a tree scheduled for removal, the species of bird using the nest will be determined. The nest tree will be preserved until it is outside of the breeding season for that species or until the young have fledge. If construction cannot be delayed until the end of the breeding season, guidance from CDFG shall be requested.
Plan Requirements: A qualified biologist must be retained to survey the area for active nests prior to project related disturbances.
Timing: Prior to construction.
Monitoring: The Butte County Department of Development Services
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 4 of 18
5. Mitigation Measure #5: Vernal Pool Invertebrates
Impacts to special status shrimp habitat shall be avoided to the maximum extent practicable.
These listed species include Branchinecta conservatio (Conservancy fairy shrimp),
Branchinecta longiantenna (longhorn fairy shrimp), Lepidurus packardi (vernal pool tadpole shrimp), and Branchinecta lynchi (vernal pool fairy shrimp).
Less than one quarter of acre of habitat will be affected, including habitat that is filled or
otherwise destroyed (directly affected) and habitat indirectly affected by the project. Habitat
indirectly affected includes all habitat supported by destroyed upland areas and swales, and all habitat otherwise damaged by loss of watershed, human intrusion, introduced species, and pollution caused by the project. If the reach of indirect effects cannot be determined definitively, all habitat within 250 feet of proposed development may be considered indirectly
affected.
A. For every acre of habitat directly or indirectly affected, at least two vernal pool credits will be dedicated within a USFWS-approved preservation bank, or, based on USFWS evaluation of site-specific conservation values, three acres of vernal pool habitat may be preserved on the project site or on another non-bank site approved by the USFWS.
B. For every acre of habitat directly affected, at least one vernal pool creation credit will be
dedicated within a USFWS-approved habitat mitigation bank, or, based on USFWS evaluation of site-specific conservation values, three acres of vernal pool habitat will be created and monitored on the project site or on another non-bank site as approved by the USFWS.
C. If habitat is avoided (preserved) on site, then a USFWS-approved biologist (monitor) will
inspect any construction-related activities at the proposed project site to ensure that unnecessary take of listed species or destruction of their habitat does not occur. The biologist will have the authority to stop all activities that may result in such take or destruction until appropriate corrective measures have been completed. The biologist also
will be required to immediately report any unauthorized impacts to the USFWS and the
California Department of Fish and Game.
D. Single rail fencing will be placed and maintained around any avoided (preserved) vernal pool or vernal swale habitat to prevent impacts from vehicles.
E. All construction personnel will receive instruction regarding the presence of listed species
and the importance of avoiding impacts to these species and their habitat.
F. The applicant will ensure that activities that are inconsistent with the maintenance of the suitability of remaining habitat and associated on-site watershed are prohibited. This includes, but is not limited to: (i) alteration of existing topography or any other alteration or uses for any purposes, including the exploration for or development of mineral
extraction; (ii) placement of any new structures on these parcels; (iii) dumping, burning,
and/or burying of rubbish, garbage, or any other wastes or fill materials; (iv) building of any new roads or trails; (v) killing, removal, alteration, or replacement of any existing native vegetation; (vi) placement of storm water drains; (vii) fire protection activities not required to protect existing structures at the project site; and (viii) use of pesticides or other
toxic chemicals.
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 5 of 18
G. Before implementation of each proposed project, the USFWS will be supplied with a 7.5
minute U. S. Geological Survey topographic map that clearly delineates the project area
and habitat contained within this area.
Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the final map.
Timing: Prior to fill or any wetlands on site.
Monitoring: The Butte County Department of Development Services shall ensure that vernal
pool mitigation credits have been purchased according to USFWS specifications before wetland fill occurs. Butte County building inspectors shall ensure compliance with fencing requirements on-site.
6. Mitigation Measure #6: Oak Trees
The applicant/developer shall satisfy one of the following:
A. 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 any development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip-line of trees within the area of ground disturbance and trees subject
to changes in hydrologic regime) 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 that includes:
1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a);
2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated.
It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees
shall be maintained for a period of seven years after they are planted. If any of the replanted
oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted;
3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte
County Ordinance, if any, shall be submitted to and approved by the Director of
Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals;
4) Oak Tree protection measures for trees to be retained within the project site shall be
included in construction specifications. Each oak tree to be 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. 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, unless
authorized by Oak Tree Mitigation Plan; and
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 6 of 18
5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed
to and approved by the Director of Development Services or his/her designee.; or
B. 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 any development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip-line of trees within the area of ground disturbance and trees subject
to changes in hydrologic regime) the developer shall be consistent with the County’s adopted
oak mitigation ordinance.; or
C. 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 any development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally
includes the canopy drip-line of trees within the area of ground disturbance and trees subject
to changes in hydrologic regime) the project shall be consistent with all avoidance and minimization measures and the applicant shall pay applicable in lieu fees to mitigate for blue oak woodland impacts as provided in the adopted Butte County Resource Conservation Plan.
Plan Requirements: No vegetation removal, grading, road construction, or other earthwork
resulting in the removal or encroachment upon oak trees on the project site shall be permitted
until the mitigation measure is satisfied by the applicant/developer completing one of the specified measures to the satisfaction of the Director of Development Services or his/her designee.
Timing: Requirements of the condition shall be satisfied 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.
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 actions necessary to verify this measure have been satisfied have been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site.
7. Mitigation Measure #7: Cultural Resource Protection
Place a note on a separate document which is to be recorded concurrently with the Final Map or on an additional map sheet and on all building and site development plans that states: “Should grading activities reveal the presence or 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. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine 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 note shall be followed during construction of all subdivision
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 7 of 18
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 development activities.
Monitoring: 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.
8. Mitigation Measure #8: SWRCB Permitting
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.
9. Mitigation Measure #9: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “To the extent feasible, the developer shall implement the
following measures at the time of development to offset the anticipated contribution of
greenhouse gas emissions from residential development:
• Support expansion of renewable energy systems
o Prewire all new residential development to support photovoltaic system
installation.
• Support efficiency in vehicles and landscaping equipment
o Install electrical vehicle outlets on external walls or in garages in all new residential development.
o Incorporate outdoor electrical outlets to encourage the use of electric appliances
and tools.
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 8 of 18
• Improve fuel efficiency of equipment during construction-related activities
o Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minute.
o Use clean or alternative fuel equipment.”
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: This measure 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 note 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.
10. Mitigation Measure #10: Lot Grading
Lots shall be graded to direct runoff to storm drain facilities within the public right-of-way or to stormwater retention basins situated within the lot. No lot-to-lot runoff shall be permitted.
Plan Requirements: All grading plans shall show drainage runoff consistent with the above requirement.
Timing: Requirements of the condition shall be reflected in final grading plans and all custom
lot development. Conditions shall be adhered to throughout all grading/excavating and construction/landscaping periods.
Monitoring: The Department of Development Services shall spot check to ensure monitoring compliance.
11. Mitigation Measure #12:
Houses built on lots adjacent to Ophir Road shall include measures (i.e construction of walls , windows and other measures) capable of attenuating external noise to at or below the 45 Ldn/CNEL (Community Noise Equivalent Level).
Plan Requirements: The note shall be placed as a condition of final map approval and shall
be shown on all building plans for residential construction on lots adjacent to Ophir Road.
Timing: Requirements of the condition shall be shown on building plans for residential construction on affected lots. The condition shall be satisfied prior to final inspection.
Monitoring: The Department of Development Services shall spot check to ensure monitoring compliance.
12. Mitigation Measure #13:
Buildings developed on commercial lots shall include windows with a Sound Transmission Class (STC) rating of at least 30 dB.
Plan Requirements: The note shall be placed as a condition of final map approval and shall be shown on all building plans for commercial development.
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 9 of 18
Timing: Requirements of the condition shall be shown on building plans for residential
construction on affected lots. The condition shall be satisfied prior to final inspection.
Monitoring: The Department of Development Services shall spot check to ensure monitoring compliance.
13. Mitigation Measure #14: Construction activities shall be limited to between the hours of 7AM and 7PM with no
construction activity on Sundays or holidays. The primary contractor shall be responsible for
ensuring that all construction equipment is properly tuned and maintained. When feasible, existing power sources, such as power poles, or clean fuel generators should be used, rather than temporary power generators. Minimize idling time to 10 minutes.
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: The mitigation shall be applicable during all construction activities.
Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. The Department
of Development Services shall investigate all complaints of excess construction-related noise.
14. Mitigation Measure #15: Proportional Roadway and Intersection Improvement Fees The project developer shall either:
1. Pay fees proportional to the project’s fair share of costs of needed roadway and intersection improvements for those intersections and roadways within the Las Plumas and surrounding
area warranting improvements due to project-related or cumulative traffic impacts and
2. Participate in funding an Impact Study and paying the fee identified; or
3. Pay fees as approved by other County fee program to fund needed roadway and intersection improvements.
Plan Requirements: This requirement shall be placed as a condition of final map approval
and satisfied prior to final map recordation.
Timing: Prior to recordation of final map for proportional fair share costs, or prior to issuance of building permit for other County fee programs. Requirements of the condition shall be reflected in final plans. Requirements of the condition shall be reflected in final plans.
15. Mitigation Measure #16: Frontage Improvement
The project developer shall be required to construct all road frontage improvements on or
before construction begins on commercial and residential units. Frontage improvements may be constructed in a phased manner with each phase of project development. Frontage improvements along Ophir Road shall extend to the easternmost project access in order to remain consistent with Butte County objectives to preserve the rural character of the area.
Plan Requirements: The note shall be placed as a condition of final map approval.
Timing: Requirements of the condition shall be reflected in final plans. Conditions shall be adhered to throughout all construction periods.
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 10 of 18
Monitoring: The Department of Public Works shall review improvements to ensure
compliance.
16. Mitigation Measure #17: Interior Signage Stop signs shall be placed at each exit from the project site to Ophir Road and Lincoln Boulevard.
Plan Requirements: The note shall be placed as a condition of final map approval.
Timing: Requirements of the condition shall be reflected in final plans. Conditions shall be
adhered to throughout all construction periods.
Monitoring: The Department of Public Works shall check to ensure compliance prior to issuance of any Building Permits.
17. Mitigation Measure #18: Driveway Limitations
The northernmost Lincoln Boulevard driveway and the westernmost Ophir Road driveway
shall be limited to right turns only due to potentially problematic left turns near the Lincoln Rd/Ophir Rd intersection. Signage indicating this limitation shall be installed along these driveways so as to be clearly visible to exiting traffic.
Plan Requirements: The note shall be placed as a condition of final map approval.
Timing: Requirements of the condition shall be reflected in final plans. Conditions shall be
adhered to throughout all construction periods.
Monitoring: The Department of Development Services shall work with the applicant/developer and the UAIC to ensure a tribal monitor is given the opportunity to be on site during all ground disturbing activities.
18. Mitigation Measure #19: Tribal Monitoring
Place a note on the final map and all building and site development plans for new construction as follows:
“Prior to commencement of ground disturbing activities on the project site the applicant shall notify the United Auburn Indian Community (UAIC) if they have indicated that the
project site lies within their traditional and culturally affiliated area. If so, the UAIC shall
be given the option to have a tribal monitor present during all ground disturbing activities associated with the development of the project.”
Plan Requirements: This measure shall in incorporated in the conditions of approval for the project and the note shall be placed on all building and site development plans for new
construction.
Timing: This measure shall be implemented during all site development activities.
Monitoring: The Department of Development Services shall work with the applicant/developer and the UAIC to ensure a tribal monitor is given the opportunity to be on site during all ground disturbing activities.
19. Mitigation Measure #20: Capacity/Mitigation Agreement
Prior to recording the Final Map and following completion of a capacity impact study, the Applicant/Developer shall enter into a Capacity/Mitigation Agreement or functional equivalent with SC-OR and LOAPUD, or other means as approved by SC-OR and LOAPUD,
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 11 of 18
in provision of future wastewater treatment and disposal services. If the Applicant decides to
proceed with development of the project and secure wastewater collection and treatment
services, the Applicant shall meet with SC-OR and LOAPUD and negotiate the scope of required improvements, the timing of improvements, the financing and construction of improvements, and all other requirements of SC-OR and Collector roughly proportional to the impact of the proposed project.
Plan Requirements: Submit executed Capacity/Mitigation Agreement or functional
equivalent to the Department of Public Works.
Timing: The executed Capacity/Mitigation Agreement or functional equivalent shall be submitted prior to recordation of the Final Map.
Monitoring: The Department of Public Works shall ensure that the required executed
Capacity/Mitigation Agreement or functional equivalent is submitted prior to recordation of
Final Map.
20. Mitigation Measure #21: SC-OR Progress Monitoring and Reporting Prior to issuance of Building Permits, the County, with consultation with SC-OR, shall ensure that periodic monitoring of actual growth rates and available wastewater collection and
treatment capacities has occurred. Should rates of development substantially change from
estimates used in the 2009 Capacity Study, SC-OR may require the applicant/developer to fund an update of the Capacity Study.
Plan Requirements: Submit periodic re-evaluation of available capacity as compared to actual project buildout and area growth to the Department of Public Works. If re-evaluation
determines substantial changes in growth estimates as compared to those used in the initial
study, an updated Capacity Study may be required prior to issuance of additional Building Permits.
Timing: Periodic re-evaluation of project progress shall occur at a minimum of every 2 years during phased construction.
Monitoring: The Department of Development Services shall ensure that the required periodic
re-evaluations are submitted prior to issuance of building permits.
21. Mitigation Measure #22: Construction or Modification of Sewer Collection Facilities Prior to recordation of Phased Final Maps, the applicant/developer shall construct new and/or modify existing sewer collection facilities according to plans and specifications in
conformance with LOAPUD Improvement Standards and Policies. Construction of facilities
may proceed along a phased implementation design with approval from LOAPUD.
Plan Requirements: LOAPUD shall approve plans and specifications prior to issuance of building permits.
Timing: Applicant shall submit approved plans prior to recordation of Final Map.
Monitoring: The Department of Development Services shall ensure that the required plans
are submitted prior to approval of the Final Map. Field inspections shall verify compliance.
22. Mitigation Measure #23: Water Main Extension Prior to recordation of first Phased Final Map, the 12” water main (from the South Feather Water and Power Agency’s existing main along Lincoln Boulevard) along the Ophir Road
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 12 of 18
frontage of APN 078-090-043 to the easternmost project access point along Ophir Road, shall
be installed or bonded for construct or provide a performance bond and labor and material
bond for the construction as approved by South Feather Water and Power Agency.
Plan Requirements: South Feather Water and Power Agency shall approve plans and specifications prior to issuance of recordation of the first Phase.
Timing: Applicant shall complete prior to recordation of Final Map
Monitoring: The Department of Development Services shall ensure that the improvements
are installed or bonded for prior to recordation of the first Phased Map.
23. The Department of Development Services (DDS) is responsible for monitoring the landowner’s compliance with all map conditions of approval as detailed above. As the cost of ongoing monitoring of Mitigation Measures and Conditions of Approval is not included in the
County’s map application fees, the cost of DDS staff time directly related to the monitoring of
compliance with map conditions of approval will be billed to and borne by the landowner at the established DDS Planning Division hourly rate. The current fee amount established in Butte County Code and implementing resolutions for Mitigation Measure and Condition of Approval Monitoring (currently $1,124.64) shall be paid within 30 days of the date of project approval.
Regarding the monitoring of relevant mitigation measures and conditions of approval after
approval and/or recordation of the map, the landowner shall maintain this fee with DDS in an amount (not to exceed the established maximum) at a level determined by the Director to ensure adequate ongoing mitigation measure and condition of approval monitoring. Mechanisms which may be used by the County to address failure by the landowner to maintain
the adequate fee amount may include but are not limited to ”stop work” orders, denial of
building permits and/or certificates of occupancy, revocation of project approval and imposition of performance bonds at the discretion of the Director of DDS.
24. Prior to recordation of the Final Map, the owner shall execute a declaration acknowledging
Butte County’s Right-to-Farm Ordinance pursuant to Butte County Code Section 35-8. This
note shall be recorded by the Director of the Department of Development Services in the Office of the County Recorder upon the granting of the development approval. 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 the full text of the Declaration Acknowledging Right to Farm per Section
35-8.
25. Prior to recordation of the final map for Phase 1, the applicant/developer must complete the formation of a CSA, LLD or other approved maintenance entity for landscaping and maintenance for Lots E, F, G & H. The formation process will require the applicant/developer to fund the service until the beginning of the first fiscal year in which services can be collected
for the maintenance entity and agree to an annual maximum service charge to ensure continued
maintenance of the landscaping. Public Works
26. 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.”
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 13 of 18
27. 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.
28. Prior to recordation of the final map, deed to Butte County in fee simple 48 feet of right-of-way from the physical centerlines of Ophir Road and Lincoln Boulevard along the entire property frontage. The right-of-way shall be sufficient for the installation of county improvement standard S-5 at all street intersections.
29. Prior to recordation of the final map, relinquish abutter’s rights of access to Butte County along
the Ophir Road and Lincoln Boulevard frontage of parcel except at approved access points.
30. 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.
31. Prior to final road inspection, for each phase, install all necessary traffic safety signs including stop signs.
32. Prior to recordation of the final map, obtain an encroachment permit and improve all new and
existing driveway approaches to publicly maintained roads as specified in the county
improvement standards and the terms of the encroachment permit.
33. Provide cul-de-sacs designed and constructed as specified in the county improvement standards. The final map shall show the cul-de-sacs. Provide a temporary cul-de-sac at the east end of Street “B” for Phase 1.
34. Prior to recordation of the final map, construct or provide a performance, labor and material
bond for construction of street frontage improvements on Ophir Road and Lincoln Boulevard. Construct a ½+ 12’ street section along the entire parcel frontage in conformance with county improvement standard RS-2A with center turn lane, two-lane directional travel, bike lane, vertical curb, gutter, and detached 5’ sidewalk with 6’ planter strip and 4″ AC, and 16″ AB,
prime coat, fog seal and 95 % relative compaction. Provide sufficient right-of-way for
proposed construction. 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.
35. Prior to recordation of each phase of the final map, construct or provide a performance, labor
and material bond for construction of phased interior streets in conformance with county
improvement standard RS-2B, including rolled curb, gutter, and detached sidewalk with 6’ planter strip, 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 (PRD) for operation
and maintenance of interior streets and storm drain facilities.
36. 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
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 14 of 18
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.
37. Prior to recordation of the final map, construct or provide a performance bond and labor and
material bond for the construction of a 6 foot high masonry sound wall along Ophir Road. The wall should be articulated with pilasters and cap blocks to provide an attractive appearance and be located at the rear of the residential parcels to provide a landscaping strip between the wall and walking area. Submit design to the Land Development Division for approval prior to
construction. 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 maintenance entity for landscaping 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 for the maintenance entity and agree to
an annual maximum service charge to ensure continued maintenance of the facilities.
38. Prior to recordation of the final map, construct or provide a performance bond and labor and material bond for the construction of a landscaping strip within the public right-of-way adjacent to Ophir Road. Submit design to the Land Development Division for approval prior to construction. 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 maintenance entity for landscaping 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 for the maintenance entity and agree to an annual maximum service charge to ensure continued maintenance of the facilities.
39. Mitigation Measure #11: Drainage Plan Requirements
Prior to recordation of the final map, drainage plans and calculations shall be submitted to and approved by the Department of Public Works. Engineering 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 drainage channel or publicly maintained facility. Engineering
calculations shall provide show there is no increase in the peak flow runoff leaving the
property. 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.
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 15 of 18
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.
40. 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.
41. 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 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).”
42. Show all easements of record on the final map.
43. Prior to 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.
44. Pay the recording fees in effect at the time the final map and related documents are recorded.
45. Prior to recordation of the final map, a preliminary soils report 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. Butte County Fire Department/CAL Fire
46. Prior to construction of single-family dwellings, a pressurized community water system for
fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Required hydrant spacing, hydrant size and residual fire flow shall comply with the California Fire Code. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to each phased map recordation.
Submit plans to the Fire Department for review and approval prior to construction.
47. Prior to construction multi-family dwellings and commercial development, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Required hydrant spacing, hydrant size and residual fire flow shall comply with the California Fire Code. Fire hydrant identification, road reflectors or
post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to each
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 16 of 18
phased map recordation. Submit plans to the Fire Department for review and approval prior to
construction.
48. 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 any point on all structures.
49. Pressurized community water system must be installed and operational prior to combustible
building materials arriving on site. Environmental Health Division
50. Prior to recordation of the first phase of the subdivision map, annexation into the Lake Oroville Area Public Utility District is required.
51. Place a note on the each final phased map or on an additional map sheet that states, “Each and every new lot shall be connected to public sewer and water.”
52. Prior to recordation of the each final phased map, applicant/developer shall meet all
requirements/conditions for service providers, LOAPUD, SC-OR and SFPWA, as listed
below.
Lake Oroville Area Public Utility District
53. Prior to recordation of the first phased map, the applicant/developer shall be required annexation into the District.
54. This project will be required to provide a mainline extension, a regional pump station and force
main facilities with capacity to serve the much larger basin, which includes this project. The
pump station and pipelines must be constructed to District standards. The District will consider a phased design that allows expandability to meet the future growth needs of the basin.
55. All design and construction of the sewer collection system must comply with LOAPUD standards.
56. Sewer service will be available upon request after the applicant/developer has accomplished
the following:
• Mutual approval of a Mitigation Agreement by applicant/developer, LOAPUD and SC-OR;
• Preparation of plans and specification, in conformance with LOAPUD Improvement Standards and Policies;
• Acquiring and granting all necessary easements to LOAPUD
• Payment of applicable fees;
• Mutual approval of a Development Agreement by applicant/developer and LOAPUD Board of Directors; and
• Construction or modification of required sewer collection facilities, including any sewer
line size increases in accordance with approved plans and specifications.
57. To obtain sewer service for each Equivalent Dwelling Unit (EDU) the applicant/developer must complete the following:
• Execution of a LOAPUD permit and payment for each and every EDU of the current:
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 17 of 18
a. Capacity charge,
b. Connection Fee, and
c. SC-OR Regional Facility Charge (RFC)
• Preparation of plans and specification, in conformance with LOAPUD Improvement Standards and Policies;
South Feather Water & Power
58. All necessary on- and off-site components of the project’s water distribution infrastructure must be completed, including all necessary augmentations to South Feather Water & Power Agency’s existing infrastructure, in accordance with the Agency’s Rules & Regulations Governing Water Service and the requirements of the Agency’s General Manager, prior to
provision of potable water service.
59. In addition to the onsite domestic water distribution system the developers will be required to install, they will also be required to extend a 10” water main from the Agency’s existing main within the Lincoln Boulevard right of way extending along the Ophir Road frontage of APN 078-090-043.
60. A maximum-demand fire-flow analysis for all project phases shall be prepared by a professional engineer to the satisfaction of South Feather Water & Power Agency’s General Manager in conjunction with design of the improved plans for the project’s first phase.
61. The developer shall bear all expense for augmentations to and extensions of South Feather Water & Power Agency’s existing water distribution system, as may be required by the
Agency’s General Manager.
62. The developer shall comply with all requirements of South Feather Water & Power Agency’s Rules & Regulations Governing Water Service, including payment of all relevant fees and charges. Pacific Gas & Electric
63. If the proposed project is adjacent/or within PG&E owned property and/or easements, the
developer shall work with PG&E to ensure compatible uses and activities near our facilities.
64. An engineering deposit may be required to review plans for a project depending on the size, scope, and location of the project and as it relates to any rearrangement or new installation of PG&E facilities.
65. Any proposed uses within the PG&E fee strip and/or easement, may include a California Public
Utility Commission (CPUC) Section 851 filing. This requires the CPUC to render approval for
a conveyance of rights for specific uses on PG&E’s fee strip or easement. PG&E will advise if the necessity to incorporate a CPUC Section 851filing is required. Processing Fees
66. Prior to recordation of the Final Map, pay any outstanding project-related processing fees.
Butte County Department of Development Services
Conditions of Approval – Ashlock (Garden Oak Estates) Subdivision TSM18-0003 Page 18 of 18
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.
Feet
1:600.0001
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