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HomeMy WebLinkAboutZDN19-0012_TPM19-0005Zoning Administrator Decision (ZDN) 19-0012 TPM19-0005 Date: December 11, 2019 Page 1 of 7 BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN19-0012 December 11, 2019 TENTATIVE PARCEL MAP TPM19-0005 (C.F. Koehnen & Sons Orchards) A Tentative Parcel Map TPM19-0005, filed by C.F. Koehnen & Sons Orchards, to subdivide an 80-acre property situated in the AG-40 (Agriculture – 40-acre minimum parcel size) zone into two parcels of 40 acres. Assessor Parcel Number: 039-260-037 I. The Zoning Administrator has considered the Initial Study and Mitigated Negative Declaration in accordance with requirements of the California Environmental Quality Act (CEQA), and adopts the Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said Study identified potential significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; B. The Zoning Administrator has considered the Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Zoning Administrator, including the Initial Study and any comments received, there is no substantial evidence that the Tentative Parcel Map for C.F. Koehnen & Sons Orchards, Planning Division File No. TPM19-0005, with conditions and mitigations here attached, would have a significant effect on the environment. D. The custodian of the record is the Land Development Division of the Public Works Department. The location of the record is 7 County Center Drive, Oroville CA 95965. E. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c)(3)). III. Approves Tentative Parcel Map TPM19-0005 for C.F. Koehnen & Sons Orchards, subject to the conditions found in Exhibit “A”, including the addition of Condition No. 8, as recommended by the Butte County Public Works Department, and the following findings: A. The project is consistent with AG-40 (Agriculture, 40-acre minimum parcel size) zone, the Agriculture General Plan Land Use designation, as well as the Durham-Dayton-Nelson (D2N) Area Plan. The division will enable the creation of parcels of 40 acres in size that are capable of Zoning Administrator Decision (ZDN) 19-0012 TPM19-0005 Date: December 11, 2019 Page 2 of 7 supporting residential and commercial agricultural land uses permitted in the AG-40 zone. General Plan Goals and Policies applicable to the project are identified in the General Plan Consistency Review table, contained in the project’s agenda report. The findings in the table conclude that the project is consistent with each applicable goal and policy. B. The design and improvements of the proposed parcel map are consistent with County’s standards and policies, provided all conditions of project approval are complied with. The project is consistent with design and improvement standards established for on-site sewage disposal, domestic water from a groundwater well, and access. C. The project site is physically suitable for the type and density of the proposed development. The parcels are established at a density consistent with zoning, which is capable of supporting residential and commercial agricultural land uses permitted by the AG-40 zone. D. The design and improvements of the project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design and improvements of the project were evaluated with an Initial Study prepared pursuant to the California Environmental Quality Act. The Study did not identify any significant adverse impacts to the environmental caused by the project, provided that recommended mitigation measures are incorporated into the project. E. Approval of this project will not be detrimental to the public health, safety, and welfare. The project has been reviewed by County and State agencies for consistency with regulations established to protect the health, safety, and welfare of the public, including regulations relating to sewage disposal, domestic water, and access. Conditions are included with the project that would ensure that the project will not be detrimental to the public. F. 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 provided the attached conditions are met. A search of the preliminary title report for the subject property did not identify any public access easements that would conflict with the proposed design of the project. Approved By: Pete Calarco, Zoning Administrator Date: December 11, 2019 Zoning Administrator Decision (ZDN) 19-0012 TPM19-0005 Date: December 11, 2019 Page 3 of 7 EXHIBIT A Tentative Parcel Map for C.F. Koehnen & Sons Orchards on APN 039-260-037, File # TPM19-0005: An application for a Tentative Parcel Map to subdivide an 80-acre property situated in the AG-40 (Agriculture – 40-acre minimum parcel size) zone into two parcels of 40 acres. Wastewater disposal for each parcel would be provided by individual on-site septic systems. Domestic water service would be provided by a groundwater well. Both parcels have direct access to a County-maintained Road. I. CONDITIONS OF APPROVAL: Planning Division, Department of Development Services 1. Mitigation Measure AIR-1 The following best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third-party contractors during construction activities on the project site. These measures are intended to reduce criteria air pollutants that may originate from the site during the course of land clearing and other construction operations. Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than 10,000 Pounds • All on- and off-road equipment shall not idle for more than five minutes. Signs shall be posted in the designated queuing areas and/or job sites to remind drivers and operators of the five-minute idling limit. • Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited. • All construction equipment shall be maintained in proper tune according to the manufacturer’s specifications. Equipment must be checked by a certified mechanic and determined to be running in proper condition before the start of work. • Install diesel particulate filters or implement other CARB-verified diesel emission control strategies. • Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 100 feet of a restricted areas. • To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk hour emissions. Operational TAC Emissions • All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm). • Stationary sources shall comply with applicable District rules and regulations. Fugitive Dust Zoning Administrator Decision (ZDN) 19-0012 TPM19-0005 Date: December 11, 2019 Page 4 of 7 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 Zoning Administrator Decision (ZDN) 19-0012 TPM19-0005 Date: December 11, 2019 Page 5 of 7 persons shall be provided to the District prior to land use clearance for map recordation and finished grading of the area. Please note that violations of District Regulations are enforceable under the provisions of California Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation. Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on- site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 2. Mitigation Measure CUL-1 If grading activities reveal the presence of prehistoric or historic cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human skeletal remains) work within 50 feet of the find shall immediately cease until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. If human skeletal remains are encountered, State law requires immediate notification of the County Coroner (530.538.7404). If the County Coroner determines that the remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such remains. The provisions of this mitigation shall be followed during construction of all subdivision improvements, including land clearing, road construction, utility installation, and building site development. Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: The Department of Development Services and/or Public Works Department shall ensure the 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. 3. Mitigation Measure GHG-1 The project proponent shall implement the following measures during construction-related activities and at the time of development to offset the anticipated contribution of greenhouse gas emissions: • Prewire all new residential development to support photovoltaic system installation. • Install electrical vehicle outlets on external walls or in garages in all new residential development. Zoning Administrator Decision (ZDN) 19-0012 TPM19-0005 Date: December 11, 2019 Page 6 of 7 • Minimize equipment idling time during construction activities either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minutes. • Use clean or alternative fuel equipment during construction-related activities to improve fuel efficiency. Plan Requirements: The measure shall be placed on 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: 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 measure is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Planning Division will ensure that future residential development includes the applicable measures during Building Permit review. Building inspectors shall spot check and shall ensure compliance on-site. 4. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a CEQA Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Wildlife that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). 5. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. 6. Prior to recordation of the Parcel Map, the property owner shall record a declaration acknowledging the right to farm, pursuant to Chapter 35 of the Butte County Code (Agricultural Statement of Acknowledgement). 7. Place a note on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet that states: “A Declaration of Acknowledgement Right to Farm (Agricultural Statement of Acknowledgement) has been recorded on the parcels.” Land Development Division, Department of Public Works 8. Prior to recordation of the parcel map, deed to Butte County in fee simple 40 feet of right-of-way from the physical centerline of Durham Dayton Highway along the entire property frontage. The right-of- way shall be sufficient for the installation of county improvements standard S-5 at all street intersections. 9. Prior to recordation of the parcel 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. 10. Prior to plan grading, a construction storm water permit will be required by the State Water Resources Control Board for ground disturbance, including clearing, excavation, filling, and grading. The permit must be obtained from the State Water Resources Control Board prior to construction. Submit engineering estimate of area to the 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 Zoning Administrator Decision (ZDN) 19-0012 TPM19-0005 Date: December 11, 2019 Page 7 of 7 Discharge Identification (WDID) number on the title sheet of the plans and a copy of the erosion and sediment control plan shall be provided to the Land Development Division of the Public Works Department. If a construction storm water permit is required, place a note on an additional map sheet that states: “The development of this parcel map required a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. Development of individual lots may require an additional permit(s).” 11. Show all easements of record on the parcel map. 12. Prior to recordation of the parcel map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. 13. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Butte County Fire Department/Cal Fire 14. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 15. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and 20 feet wide for commercial, and 15 feet vertical clearance that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. Environmental Health Division, Public Health Department 16. Prior to building permit approval, the project proponent shall obtain an On-Site Wastewater Construction Permit and construct on-site sewage disposal facilities in compliance with Chapter 19, Butte County Code. The proposed system shall be designed by a Certified Designer and meet specifications within the Butte County Onsite Wastewater Manual. If a non-discharging sewage disposal system is utilized, business operations shall be limited to non-retail low water use activities in accordance with Butte County Code, Section 19-7 C (10), and the Butte County On-site Wastewater Manual, Part Three, Chapter 16. 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.