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HomeMy WebLinkAbout18-185 r. F �r r /!, /r� ri ,. ,r/ ,...,,. .lY� / �/,,.,,// /r/c i/ i///; �. re� ,�ri. / „✓ r �- /v/// err.,//,i. r// /r�i/. // � �/ r Jr r r � ,;/ �., ,.,,u r r,✓/- ! , / / r/r, r r ,.r /, r, r r, r r ti ✓r /r r i , ll r r//� r /r r./, -. / .... ,/,,, ,r�r- /C//J%i�/�/c%/��i/ r�1,, WON Resolution No. 18-1$5 RESOLUTION ADOPTING AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION; MAKING FINDINGS AND DENYING THE APPEAL APPROVING TENTATIVE SUBDIVISION MAP(CLUSTERED (DEVELOPMENT) TSM17-0001 FOR NELS LEEN WHEREAS, Nells Leen (Applicant) has applied for a,Tentative Subdivision Map to divide two parcels totaling±18.5 acres into 19 parcels(18 residential lots and one open space lot) ranging in size from 0.20 acres to 12,02 acres in the VLDR- 1 (Very Low Density Residential 1-acre minimum) zone; and WHEREAS, the project site is located at 1232 Stanley Avenue, on the south side of Stanley Avenue, one-quarter mile east from Dayton Road, in the unincorporated area of Butte County south of the City of Chico; and WHEREAS, parcels surrounding the project site consist of single family residences and agricultural uses on parcels zoned VLDR to the north and east,a walnut orchard on a 146 acre parcel zoned Agriculture to the south across Comanche Creek, and a mobile home park to the west;and WHEREAS,the project site includes two parcels (APNs 039-370-019 &039-090-061)to be divided; and WHEREAS, at a noticed public hearing on July 26, 2018 and September 27, 2018,. the Planning Commission approved Tentative Subdivision Map TS17-0001 on a 3 - 1 vote; and WHEREAS, an appeal of the Planning Commission's September 27, 2018 approval was filed in a timely manner with the Clerk of the Board of Supervisors by Sara Knowles of Leland, Morrissey & Knowles, on behalf of Dr. David Gallo and IMr. Tom Hall; and WHEREAS, the Board of Supervisors has considered Tentative Subdivision Map TSM17-0001 including the November 6, 2018 staff report of the Department of Development Services,the appeal, the record of proceedings before the Planning Commission, all oral and written public comments received and responses thereto, and the Mitigated Negative Declaration prepared for the project in accordance with the California Environmental Quality Act(CEQA); and WHEREAS, the Board of Supervisors has considered the applicant's request for a tentative subdivision map to utilize the clustered development ordinance pursuant to Article Ill, Division 8,of Chapter 24 of Butte County Code including the use of the Density Incentive provision to allow for an additional maximum density of 15 percent for a total of 21 logs; and WHEREAS, pursuant to the requirements of Butte County Code section 24-56.1 the Board of Supervisors has considered the request to establish a residential dwelling setback from the existing orchard along the eastern property lines of Parcels 12-16 and the northern property line of Parcel 10, of Tentative Subdivision Map TSM17-0001, from the adjacent active orchard) located on APN 039-370-102.The Department of Development Services, in consultation with the Agricultural Commissioner's Office, has recommended a 50-foot setback; and WHEREAS, said Tentative Subdivision Map was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on November 6, 2018, and the Board of Supervisors has considered Tentative Subdivision Map TSM17-0001 staff report of the Department of Development Services, the record of proceedings before the Planning Commission, all public comments received and responses thereto, and the Mitigated Negative Declaration prepared forthe project in accordance with the California Environmental Quality Act(CEQA); and WHEREAS,at the November 6, 2018 hearing,the Board of Supervisors on a 4-1 vote, made a Motion of Intent to approve the project without the density incentive and reduce the number of residential lots from 21 to 18; and WHEREAS, at the December 11, 2018 hearing,the Board of Supervisors held a continued public hearing. NOW,THEREFORE,BE IT RESOLVED that the Butte County Board of Supervisors hereby takes the following actions and makes the following findings: I. Adopts the Initial Study and Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with CEQA. Said study identified no significant environmental effects with inclusion of recommended mitigation measures. B. The Board of Supervisors has considered the Mitigated Negative Declaration,together with comments received during the review process. C. Consistent with the holding of the California Supreme Court in California Building industry Association v. Bay Area Air Management District (52 CaLO 369 (20.15)), finds "that ordinary CEQA analysis is concerned with a project's impact on the environment,rather than with the environment's impact on a project and its users or residents." D. On the basis of the whole record before the Board of Supervisors,there is no fair argument based on substantial evidence that Tentative Subdivision Map TSM17-0001 may have a significant impact on the environment. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. E. The Initial Study and Mitigated Negative Declaration reflects the independent judgment and analysis of Butte County, which is the Lead Agency. F. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required prior to filing a Notice of Determination for the project, unless verification from the California Department of Fish and Game is provided that the project is exempt from the fee requirement. If a required fee is not paid for the 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)). II. Establishes a setback for residential development from the existing orchard located on APN 039-370-102 (1768 Walnut Tree Lane) in order to reduce interference and conflict with the preexisting agricultural operations while providing for the development potential allowed by residential zones of 50 feet along the eastern property lines of Parcels 12-16 and from the northern property line of Parcel 10, consistent with the requirements of§24.56.1 of Butte County Code. Ill. Denies the appeal in part and approves Tentative Subdivision Map TSM17-0001 to divide two parcels totaling ±18.5 acres into 19 parcels (18 residential lots and one open space lot) ranging in size from 0.20 acres to 12.02 acres in the VLDR-1 (Very Low Density Residential 1-acre minimum) zone, subject to the conditions found in Exhibit"A" with the following findings: A. The proposed map is consistent with the VLDR-1 zone and with the VLDR General Plan land use designation as supported by General Plan policies regarding clustered developments and Chapter 24, Article III, Division 8, Clustered Development of Butte County Code. 1. The clustered development proposed is consistent with the requirements of Division 8 of Article III of the Zoning Ordinance. Section 24-85 of Butte County Code establishes the purpose of clustered developments as: "...to facilitate the retention of natural resources, open space (a minimum of 40 percent of the total project site must be dedicated as permanent open space to qualify as a Clustered Development), and wildlife habitat; avoid hazardous areas; and further implement the goals and policies of the General Plan." The clustering of the homes to the northern portion of the project site allows for the creation of a 12.02-acre open space lot that will allow for protection of agricultural uses, natural resources and habitat area. Uses and activities within the open space area will be consistent with Butte County Code section 24-90(G) and regulated by the required Open Space Management Plan and will be compatible with the open space land. 2. The proposed map is consistent with the following Chico Area Greenline policies of the adopted Butte County General Plan 2030: LU-P13.1- Maintain the Chico Area Greenline,which shall be located as shown on Figure LU-7. LU-11313.4 - Allow residential land uses on the Agricultural Side of the Chico Area Greenline only within those areas designated for VLDR and Rural Residential use on the Official Chico Area Greenline Map shown in Figure LU-7. 3. The clustered development and 12.02 acre open space area provides additional protection of lands designated in the Butte County General Plan and zoned for Agriculture by limiting allowed uses within the 300-foot agricultural buffer and requiring an open space management plan for the 12.02-acre open space lot adjacent to lands in the AG-40 (Agriculture —40-acre minimum) zone. 4. The proposed map is substantially consistent with applicable objectives, policies, general land uses, and programs specified of the Butte County General Plan 2030 based on the consistency review in the staff report. The proposed map, together with the provisions for its design and improvement, is consistent with the Butte County General Plan 2030. The proposed map is compatible and in harmony with the objectives,policies,general land uses and programs specified in the General Plan (Sequoyah Hills Homeowners Association v. City of Oakland, 23 Ca1.App.4th 704 (1993)). B. The proposed map is consistent with the requirements of Butte County Code, Article III, Division 8 (Clustered Development) as discussed in the staff report. The proposed map is consistent with the specific objectives of section 24-85 of Butte County Code as follows: 1. Provide an incentive to create quality residential developments, particularly where special conditions exist that prevent the attainment of the maximum permitted density of a property that could otherwise be attained through conventional subdivision design. The project site is unable to divide to the standard 1-acre size parcel of the VLDR Zone due to the requirement for the 300 foot agricultural (residential development) buffer from the southern property of APN 039-090-061, which is adjacent to agriculturally designated land. The agricultural buffer restricts approximately 12.02 of the 18.5 acres of the subject property (64 percent of the total property). The clustered development allows for the project to achieve the intended density of the VLDR zone. The Board considered the requested density incentive and determined the project's density of 1.13 dwelling units is not consistent with the 1 dwelling unit per acre of the Very Low Density Residential General Plan Land Use designation. 2. Require the preservation of environmentally sensitive areas (e.g., wetlands and special status species habitat), productive agricultural and timber lands, and important cultural and scenic resources. The proposed map includes approximately 12.02 acres of open space area. This area is identified as Lot A. A portion of the designated open space area includes the 300 foot agricultural buffer. The open space area will also protect the identified sensitive habitat and riparian areas adjacent to Comanche Creek. 3. Facilitate innovative development concepts that achieve greater consistency with the Butte County General Plan. The proposed clustered development will result in a reduction in conflicts between urban and agricultural uses in support of General Plan Goal AG-5 by locating all the residential development to be more than 300 feet from adjacent agricultural designated lands required by section 24-83 of Butte County Code in support of General Plan Policy AG-P5.3. 4. Provide permanent open space for a variety of natural resource purposes. As documented in the Initial Study and Mitigated!Negative Declaration, the proposed open space area will help protect sensitive biological and cultural resources located on Lot "A"and adjacent prime agricultural lands. 5. Reduce infrastructure requirements by reducing the length of streets and water and sewer lines and by potentially reducing street width requirements. The lengths of streets, water and utility lines in the clustered development proposed by Tentative Subdivision Map TSM17-000.1 will be reduced compared with the one-acre minimum size lots proposed on the some property by Tentative Subdivision Map TSM17-0001. C. Consistent with the requirements of section 24-83 of Butte County Code in support of General Plan Policy AG-P5.3, the proposed map includes a 300-foot agricultural buffer (residential setback) from the southerly parcel boundary of APN 039-090-061, which is adjacent to agriculturally designated land. D. The design and improvements of the proposed parcel map are consistent with County standards and policies provided all conditions of project approval are complied with. E. The 18.5-acre project site is physically suitable for the single family residential use and the 0.97 unit per acre density of the proposed development. F. The project development is restricted to one dwelling per parcel to protect public health and safety based on the following findings: 1. The wastewater disposal area as designed and proposed on the map will not accommodate the increase of wastewater flow that would occur if more than one equivalent dwelling unit(EDU)per parcel were allowed and still be in compliance with the Onsite Wastewater Manual and Butte County Code Chapter 19 (On-Site Wastewater Systems). 2. Section 19-17(A.) declares that "all violations of Butte County Code Chapter 19 and the Onsite Wastewater Manual are determined to be unlawful and declared to be detrimental to public health, safety and welfare, and are public nuisances." 3. The wastewater system is limited in its design to accommodate the proposed 18 residential dwelling units with up to four bedrooms each. The leach lines are designed to handle the flow generated by the proposed 18 residential dwellings with up to four bedrooms each.The proposed system is not designed or sized to accommodate second dwellings on each parcel. 4. Septic tank sizing and leach field sizing are predetermined by the wastewater design flow. Allowing second dwellings/accessory dwelling units would require completely different infrastructure, including the leach lines and the distribution of the wastewater into the leachfield area and require going outside the prescribed easement area for wastewater. S. Allowing second dwellings would require a redesign of the community wastewater treatment and disposal system. 6. Second dwellings would exceed the capacity that Butte County Environmental Health could permit under the Local Agency Management Program approved by the Central Valley Regional Water Quality Control Board. 7. The wastewater system is a septic tank effluent pump (STEP) system which is designed to handle a maximum amount of wastewater, which is equivalent to one dwelling unit per parcel. G. The proposed project's Initial Study and Mitigated Negative Declaration analyzed potential environmental impacts to both plants and wildlife and determined that with included mitigations the project would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. H. The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision map provided the attached conditions are met. I. The project parcels are located outside the Urban Flood Protection Overlay Zone and residential development will be located outside of the identified 100-year floodplain. J. The project site is not located within an earthquake fault zone and on lands with low potential for liquefaction and seismically induced landslides. K. Approval of this project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with. L. The buffers from adjacent orchards and agriculturally designated lands will help protect future residents of the project site from exposure to significant impacts related to agricultural practices. In addition, disclosure of the requirements of Chapter 35 of Butte County Code, the Right to Farm Ordinance, for disclosures acknowledging the right to farm as part of the development approval and to future buyers of real property will help protect adjacent agricultural uses. M. The roads in the project area have the capacity to handle the increase in vehicular traffic generated by the project. In 2017, Butte County Department of Public Works gathered traffic and accident data for the roadways in the vicinity of the project site. That data indicated that between 2009 and 2015 there were no reported accidents on Stanley Avenue or any of the other local streets in the Orchard- Marian-Diamond-Stanley neighborhood and only three accidents on Dayton Road in this area. Of the three accidents on Dayton only one was close to the Stanley/Dayton intersection but was not related to traffic trying to turn into or out of Stanley Ave but was related to a turning movement at a driveway on the west side of Dayton just north of the Stanley/Dayton intersection.All of the accidents were in general the result of inattentiveness or reckless driving. As for traffic volumes on the local streets in the Stanley avenue neighborhood they are all extremely low with Stanley Ave having an Average Daily Trips of 289 based on 2013 counts. Public Works reviewed their data sets to see if there have been any significant changes since their last look in 2017 and nothing has occurred in the way of traffic volumes.There have been three additional accidents in the area one on Dayton 100 feet north of Mari�n Ave. due to unsafe speed, another on Dayton Road south of the Mobile Horne park due to improper turning movements and the last on Mclntosh halfway between Dayton and Diamond Ave at a right angle curve in,the road which was due to unsafe speed.These changes are not significant in our professional judgement. N. There is no substantial evidence in the whole record to support any of the findings in Government Code §66474 requiring denial of the Tentative Subdivision Map (Clustered Development) as follows: 1. The proposed map as aipprovedand conditioned is consistent with applicable general and specific plans esspecified inSection 65451. 2. The design or improvement of the proposed subdivision is consistent with,applicable general and specific plans. 3. The site isphysically suitable for the type mfdevelopment. 4. The site isphysically suitable for the proposed density ofdevelopment. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage mrsubstant[aiUVand avoldabKyinjure fishoruvNdOfemrtheirhabitat. 6. The design ofthe subdivision and type Vfimprovements isnot likely tocause serious public health problems. 7. The design ofthe subdivision and the type ofimprovements will not conflict with easements, acquired by the pub�|icat large, for access through or use of, property within! the proposed subdivision. PASSED AND ADOPTED bythe Butte County Board nfSupervisors this 11mday ofDecember,2O1Q,hythe following vote: AYES: Supervisors Connelly, VVaih|,Teeter, and Chair Lambert NOES:Supervisor Kirk ABSENT: None ABSTAIN: None Steve Lamlbqj5:�/Chair Butte County Board ofSupervisors ATTEST: Shari McCracken, Chief Administrative Officer andre Bo o Supervisors EXHIBIT A Tentative Subdivision Map for Nels leen on APN 039-370-019 & 039-090-061 File # TSM17-0001: An application for a Tentative Subdivision Map (Clustered Development) to divide an approximately 18.5-acre property into 19 parcels(18 residential lots and one open space lot)ranging in size from 0.20 acres to 12.02 acres. The 18 clustered residential lots range in size from 0.20 to 0.75 acres and the open space lot is shown as Lot A (12.02 acres). The parcels will be served by California Water Service Companyfor domestic water and a community wastewater system. Lots will be served by a new on-site cul-de-sac, off of Stanley Avenue; with full urban improvements including curb, gutter, sidewalk and drainage disposal. Pursuant to the requirements of Butte County Code§24-56.1 (Residential Setback from Orchards and Vineyards),a residential dwelling setback from an adjacent active orchard on.APN 039-370-102 of 50 feet is required along the eastern property lines of Parcels 12-16 and from the northern property line of Parcel 1b. Pursuant to`Butte County Code §2483,the proposed map includes a 300-foot agricultural buffer from the southerly parcel boundary of APN"039-090-061. 1. CONDITIONS Of APPROVAL: Planning Division 1. Mitigation Measure#1 Construction Air Emissions Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "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 CARE-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 CARE 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 final reap 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#2 (Valley Elderberry Longhorn Beetle) 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 construction activities in any areas within potential valley elderberry longhorn beetle habitat, a qualified biologist shall flag, fence, or by other highly visible means identify buffer zones at least 20 feet wide surrounding the drip line of blue elderberry (Sambucus nigra ssp. caerulea) with at least one stem with a diameter at ground level of one inch or greater. The visibly defined buffer zones shall be maintained throughout the duration of construction." Plan Requirements:The above-referenced mitigation shall be placed on a separate document which is to be recorded concurrently with the final map or on an additional map sheet. Timing:Requirements_of..the._.condition_ shall be adhered to prior to,constructior�_._.activities_...a_nd_.._.. .... ._...._. ... 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. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 3. Mitigation Measure#3(Temporary Fencing 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 construction activities, the project proponent shall use exclusionary fencing to mark the boundaries of elderberry shrubs plus a 20-foot buffer,that are to be avoided.The project proponent shall also mark the boundaries of riparian vegetation,which are to be avoided, plus a 50-foot buffer. The exclusionary fencing shall be maintained in place throughout construction." Plan Requirements:The above-referenced mitigation shall be placed on a separate document which is to be recorded concurrently with the final map or on an additional map sheet. 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 note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 4. Mitigation Measure#4 Northwestern Pond Turtle Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states:"If a northwestern pond turtle is observed in the project area during construction activities, the contractor will temporarily halt construction until the turtle has moved itself to a safe location outside the construction limits. If construction is to occur during the nesting season (late June-July), a pre-construction survey will be conducted by a qualified biologist to locate any northwestern pond turtles or their nests. This survey will be conducted within 500 feet of Comanche Creek no more than two days prior to the start of construction. If a pond turtle nest is located, the biologist will flag the site and determine whether construction activities can avoid affecting the nest. If the nest cannot be avoided, a no-disturbance buffer zone will be established around the nest in coordination with CDFW.The no-disturbance buffer will remain in place until the young have left the nest." Plan Requirements:The above-referenced mitigation shall be placed on a separate document which is to be recorded concurrently with the final map or on an additional map sheet. 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 note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 5. Mitigation Measure#5 Western Red Bat 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 the start of construction activities, a survey for roosting bats or maternity roosts shall be conducted by a qualified biologist. The survey shall be performed within seven days prior to the initiation of construction adjacent to areas of appropriate roosting habitat. Accessible areas shall be surveyed during the appropriate time of day to maximize detectability of the species.The survey shall include the areas within 250 feet of the work area. If an active roost is found, no disturbance buffers will be established around the roost. The buffer will be 100 feet for a roost and 250 feet for a maternity roost, the limits of the work area will be clearly marked and a qualified biologist will be retained to monitor construction activities within the vicinity of the roost or maternity roost. If buffer reductions are requested and approved by CDFW,a monthly report shall be submitted to CDFW with information regarding monitoring results and reports will be submitted for the duration of construction activities within buffer areas." Plan Requirements:The above-referenced mitigation shall be placed on a separate document which is to be recorded concurrently with the final map or on an additional map sheet. 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 note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 6. Mitigation Measure#6(Migratory Birds/Nesting Raptors) Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "If construction activities on resultant parcels occurs during the nesting season for birds protected under the Migratory Bird Treaty Act and California Department Fish &Game Code(approximately March 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.At least one survey shall be conducted no more than 7 days prior to the initiation of construction activities. If ground disturbance or vegetation removal stops during the construction period for more than 15 days, another survey shall be conducted within 7 days prior to the continuation of construction activities. In the event that nesting raptors or birds protected by CDFC and MBIA are found in or within the footprint of proposed construction,the project proponent shall: 1. Locate and map the location of the nest site; 2. Establish a 250 feet no-disturbance buffer around all active nests; in the event bald eagles are found nesting in the survey area, a 1,000 foot no disturbance buffer shall be established; 3. Within 2 working days of the survey, prepare a report and submit to the County.The report will include the results of survey, location(s) of nests,and location of no disturbance buffers; 4. On-going weekly surveys shall be conducted to ensure that the no disturbance buffer is maintained; 5. Construction can resume when a qualified biologist has confirmed that the nest is no longer active." Plan Requirements:The above-referenced mitigation shall be placed on a separate document which is to be recorded concurrently with the final map or on an additional map sheet. Timing: Requirements of the condition shall be adhered to prior to construction activities, including road construction, and 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. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 7. Mitigation Measure#7 Swainson's Hawk Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Any ground disturbance or vegetation removal within the project area should be conducted during the non-breeding season (September 16 through February 28). If construction activities occur during the breeding season (March 1-September 15) then a pre- construction raptor survey will be conducted by a qualified biologist to identify any active Swainson's hawk nests within and in the vicinity of the BSA. The pre-construction survey will take place in accessible areas within a 0.5-mile radius of the area where construction activities would occur. The required survey radius may be reduced on a case-by-case basis if approved by CDFW, but in no case will be less than 500 feet.At least one survey will be conducted no more than one week prior to the initiation of construction. If no active nests are located, no further measures are necessary to avoid impacts to Swainson's hawk nests. If active nests are identified, the following measures will be implemented: 1. A no-disturbance buffer zone will be established around the nest.The width of the buffer will be determined by a qualified biologist in coordination with CDFW. Determination of the required width will consider the distance of the nest from construction activities, existing level of disturbance, etc. 2. A qualified biologist will monitor active nests within 500 feet(or the width of the buffer zone)of construction activities.The first monitoring event will coincide with the initial implementation of construction activities and monitoring will continue at least once a week until the young have fledged. If the biologist determines that construction is disturbing the birds and nest failure is possible, CDFW will be notified immediately. Measures to avoid nest failure will be implemented in coordination with CDFW and may include halting some or all construction activities until the young have fledged. For monitored nest sites, a monitoring report will be submitted to CDFW within two weeks after termination of monitoring activities." Plan Requirements:The above referenced mitigation shall be placed on a separate document which is to be recorded concurrently with the final map or an additional map sheet. Timing: Requirements of the condition shall be adhered to prior to construction activities. 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. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 8. Mitigation Measure#8(Riparian Habitat) 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 recordation of the Tentative Subdivision Map, a 50-foot building setback shall be established from the top of the bank of Comanche Creek or the outer edge of the riparian vegetation,whichever is greater.The riparian vegetation and the building setback area shall be delineated on a separate document recorded concurrently with the Tentative Subdivision Map. No disturbance related to the development and use of residences, or allowed uses, within the buffer area is allowed except those that comply with Butte County Code §24-76 to 24-80 et seq. If future construction activities on the resultant parcels would affect the identified riparian vegetation, the project proponent shall obtain a Streambed Alteration Agreement from the CDFW, pursuant to Section 1602 of the CFGC." Plan Requirements: A 50-foot building setback area shall be established around riparian woodlands on the project site and delineated on a separate document recorded concurrently with the final map, together with the mitigation measure. Timing: Requirements of the condition shall be adhered to prior to Tentative Subdivision. Map recording and 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 note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 9. Mitigation Measure#9 Cultural Resources Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states:"Priorto any ground disturbance the developer shall arrange to have a qualified archaeologist conduct a minimum of four shovel pit tests within the boundaries of Parcels 2 and 3.The Mechoopda Tribe shall be notified of the time and date of the shovel pit testing to provide the opportunity to monitor excavation. Soil from the shovel test pits shall be screened through standard quarter inch mesh (hardware cloth). The results of the shovel pit tests will be reported to County Planning staff by the qualified archaeologist. If no subsurface evidence of prehistoric cultural resources is located, no additional mitigation is necessary under this measure.Should any prehistoric cultural resources be located, additional consultation with the Mechoopda Tribe, to determine the appropriate steps for recordation and recovery, shall occur before any construction related ground disturbance." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the final 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 note 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. 10. Mitigation Measure#10(Cultural Resources) 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 development on the resultant parcels, subsurface investigations shall take place. The property owner shall retain a qualified archaeologist to conduct the subsurface investigation.The investigation will consist of up to two shovel test pits per parcel.Soil from the shovel test pits will be screened through standard one-quarter inch mesh (hardware cloth). The Mechoopda Tribe will be notified to provide the opportunity to monitor excavation of the shovel test pits. Should any prehistoric cultural resources be located, the qualified archaeologist and the Mechoopda Tribe will determine the appropriate steps for recordation and recovery, prior to further ground disturbance. If no subsurface evidence of prehistoric cultural resources is located, no additional mitigation is necessary." 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 note 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 ensure subsurface investigations are performed prior to development on resultant parcels. 11. Mitigation Measure#11 (Cultural Resources) Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Should site development activities reveal the presence of prehistoric cultural resources(freshwater shells, beads, bone tool remnants, lithic materials, tools or grrnding rocks, etc:)or historic culturaFre5ources st uc"tura[Yerrfairts, re use-eposits, boale durrj09, etc.) the supervising contractor shall cease all work within the area of the find and notify County Planning staff. A qualified archaeologist shall be retained by the property owner to evaluate the significance of the find. Further,the Mechoopda Tribe will be notified to provide the opportunity to monitor evaluation of the find. Site work shall not resume until the qualified archaeologist conducts sufficient research,testing and analysis of the archaeological evidence to make a determination that the resource is either not cultural in origin or determine the appropriate steps for recordation and recovery, including recommendations for total data recovery,Tribal Monitoring,deposition protocol, or avoidance, if applicable. All measures deemed appropriate by County Planning staff shall be implemented pursuant to the terms of the qualified archaeologists report." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the final 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 note 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. 12. Mitigation Measure#12 (Cultural Resources) Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states:"If human remains are discovered,all work must immediately cease, and the local coroner must be contacted. Procedures for the discovery of human remains will be followed in accordance with provisions of the State Health and Safety Code,Sections 7052 and 7050.5 and the State Public Resources Code Sections 5097.9 to 5097.99. If the coroner determines that the remains are those of a Native American, the coroner shall contact the Native American Heritage Commission (NAHC) and subsequent procedures shall be followed, according to State Public Resources Sections 5097.9 to 5097.99, regarding the notification of the Native American Most Likely Descendant.The preceding requirements shall be incorporated into construction contracts and plans to ensure contractor knowledge and responsibility for proper implementation." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the final 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 note 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. 13. Mitigation Measure#13[Greenhouse Gas Emissions] Place a note on a separate document which is to be recorded concurrently with the final 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. • 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 minutes. 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 final map or on an additional map sheet. 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 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. 14. Place a note on the Final Map or additional map sheet stating:"To protect the public health and safety, no second dwellings or accessory dwelling units are permitted based on the design and capacity of the community wastewater system." 15. Place a note on the Final Map or additional map sheet stating: "The parcels created as part of a clustered development project cannot be further divided." 16. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states"Lot A is an open space lot and is not for residential development or allowed to be subdivided. Uses and open space requirements shall be consistent with Butte County Code §24-90(D.) & (G.) and the Open Space Management Plan prepared pursuant to Butte County Code §24-90(E.)". 17. Prior to the recordation of the map, an Open Space Management Plan shall be submitted to and approved by the Director of Development Services. The open space area(Lot"A")shall be maintained in accordance with the open space management plan,which shall include, at a minimum,each of the requirements under Butte County Code §24-90(E.). 18. A 300-foot Agricultural Buffer Setback shall be shown along the southerly parcel boundary of APN 039-090-061 on the recorded final map. 19. Place a note on the Final Map or additional map sheet stating: "Residential dwelling setbacks from the adjacent active orchard (APN 039-370-102) shall be a minimum of 50 feet along the eastern property lines of Parcels 12-16 and from the northern property line of Parcel 10. if the existing agricultural use (orchard) has been permanently removed, residential dwelling setbacks shall be as required by the Zoning Ordinance." 20. Prior to or concurrently with the recordation of the Final Map, record a Declaration Acknowledging Right To Farm (Agricultural Statement of Acknowledgement). 21. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "A Declaration Acknowledging Right to Farm (Agricultural Statement of Acknowledgement) has been recorded on the parcels." 22. Prior to recordation of the Final Map,the applicant/developer shall pay and maintain a Mitigation and Condition of Approval Monitoring retainer in the amount established by the applicable Butte County ..... ..---...-----M-aster Fee 5c.hed..ule_.(curr_ently$1,124..64).. - _ -------.....-- - - _ Public Works 23. 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." 24. Prior to recordation of the final map, deed to Butte County in fee simple 30 feet of right-of-way from the physical centerline of Stanley Ave. 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. 25. 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. 26. Prior to final road inspection, install all necessary traffic safety signs including stop signs. 27. Prior to recordation of the final map, submit road and drainage improvement plans to the Land Development Division for the installation of a standard S-18B road approach in accordance with county improvement standards. Obtain an encroachment permit and construct the road approach prior to recordation of the final map. Adequate sight distance at the intersection of access road and Stanley Avenue shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. 28. Provide cul-de-sacs designed and constructed as specified in the county improvement standards. The final map shall show the cul-de-sacs. 29. Prior to recordation of the final map,construct or provide a performance, labor and material bond for construction of street frontage improvements on Stanley Avenue. Construct a %Z+ 12' street section along the entire parcel frontage in conformance with county improvement standard RS-3B, including curb,gutter, 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. 30. Prior to recordation of the final map,constructor provide a performance, labor and material bond for construction of interior streets in conformance with county improvement standard RS-3B, including curb,gutter,and sidewalk,3"AC,12"AB,prime coat,fog seal,95%relative compaction,and 60'right- of-way width. 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. 31. Prior to recordation of the final map the developer shall construct or provide a performance, labor and material bond for construction of road improvements on Stanley Avenue. The amount of improvements that the developer shall pay for will be based on their fair share for improvements on Stanley Avenue as agreed upon by Butte County Public Works.Thefairshare will be determined based on the anticipated traffic generated by the project and its proportion to potential future development on Stanley times the overall costs to bring Stanley up to current standard from Dayton Road to the project boundary. Improvements shall be in conformance with county improvement standard RS-7, 20'wide,no curb,gutter,or sidewalk,2"AC,8"AB, prime coat,fog seal and 95%relative compaction. The developer shall submit improvement designs to the Land Development Division for approval prior to construction. "R" value determinations and other data may be required to confirm the minimum structural section design. 32. 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 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. 33. 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 specify how storm water runoff will be either detained or retained onsite and/ or conveyed to the nearest natural drainage channel or publicly maintained facility. Engineering calculations shall show there is no increase in 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. 34. 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. 35. Prior to recordation of the final map in accordance with Butte County Code Section 26-25 either: a. Show or note the existing regulatory flood plain on the map;or b. Establish the regulatory flood plain and then show it on the map. 36. 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)." 37. Show all easements of record on the final map. 38. 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. 39. Pay the recording fees in effect at the time the final map and related documents are recorded. 40. 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 California Department of Forest 41. Construction, installation or development of buildings and/or roads, driveways,gates and bridges on ........ ...._..._. _,_parcels/lois shall com_p!_y_w th the_current adopted Q fornia__Fire Code and current Butte_ County Improvement Standards,whichever is stricter. 42. Prior to construction, a pressurized water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is 500 feet (reduce by 100 feet on dead-end streets and roads), hydrant size 6 inches, and residual fire flow of 1000 GPM. Local water agency requirements for hydrants may be more restrictive. 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. 43. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and 20 feet wide for commercial,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. 44. Pressurized community water system must be installed and operational prior to combustible building materials arriving on site. Environmental Health Division 45. Place a note on the Final Map or additional map sheet stating:"Reports that may have been conditions of approval on the tentative map and a list of current requirements for building sites are on file and available for review in the Butte County Department of Development Services and Butte County Environmental Health Division files." 46. Provide a letter or other documentation from California Water Service Company indicating that they are willing and able to provide domestic water service to parcels 1-18. 47. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Development of parcels 1-18 will require connection to a public water supply." 48. MUWA(minimal useable wastewater area) must be shown for the community wastewater system on the design submittal by certified designer. A minimum ten (10)foot setback from the west property line will be maintained in designing the dispersal fields. The developer must complete the formation of a county service area (CSA), prior to recordation of the final map. 49. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "The maximum bedroom count for each resultant parcel will be four (4)with the maximum wastewater design flow from each parcel correlating with a four(4) bedroom home." 50. A county certified OM&M onsite wastewater specialist must be hired under contract to provide minimum maintenance and monitoring services to the proposed STEP community wastewater system designed for the development. 51. Homeowners, separate from the CSA, will be responsible for the maintenance and pumping of their individual septic tanks. Inspections of the septic tanks will be conducted by the certified OM&M onsite wastewater specialist to determine when the homeowners must have them pumped, depending an their use. All septic tanks must be set a minimum 50 feet from any private well. 52. The applicant shall establish a County Service Area (CSA) as the County approved public entity to manage the community wastewater system. 53. The community wastewater system will be managed by a County Service Area (CSA) with all necessary legal entitlements and financial assurances in place as per County and Butte Local Agency Formation Commission (LAFCo) requirements. 54. CSA annual service charges shall be established at the time of CSA formation to ensure financial viability of the CSA for the construction, operation and maintenance of the community wastewater system, including but not limited to annual operating costs such as utilities, supplies, sample testing and services. 55. The developer must establish a fund for the initial operation/maintenance and monitoring service provided to the community wastewater system. 56. A recorded easement must be created for the CSA and for all parcels and their owners using the community wastewater and the collection system located on separate parcels to allow for access to and for maintenance of and repair of the designated community wastewater area and replacement area located on Lot A. The easement shall be recorded superior to any liens and encumbrances. Processing Fees 57. Prior to recordation of the Final Map, pay any outstanding project-related processing fees. County Counsel 58. If this entire matter or any finding, action or condition of this matter is challenged in any other action or forum, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold harmless the County of Butte from liability or loss related to the approval of this project in the subsequent action or forum and agrees to sign an indemnification agreement in a form approved by County Counsel. IL 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.