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HomeMy WebLinkAboutZDN20-0004_TPM18-0006Zoning Administrator Decision (ZDN) 20-0004 TPM18-0006 Date: June 10, 2020 Page 1 of 13 BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN20-0004 June 10, 2020 TENTATIVE PARCEL MAP TPM18-0006 (Carole Kelly Lotti) Tentative Parcel Map to subdivide a 40.59 acre property situated in the FR-20/AC/DH (Foothill Residential – 20-acre minimum/Airport Compatibility Overlay/Deer Herd Migration Overlay) zone into one parcel of 20.00 acres (Parcel 1) and a 20.59 acre Designated Remainder. Assessor Parcel Number: 047-230-060 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 Carole Kelly Lotti, Planning Division File No. TPM18-0006, 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. F. Revisions to the Draft IS/MND do not constitute a substantial revision, and therefore, do not require recirculation, pursuant to CEQA Guidelines §15073.5. 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 TPM18-0006 for Carole Kelly Lotti, subject to the conditions found in Exhibit “A” and the following findings: A. The project is consistent with the FR-20/AC/DH (Foothill Residential – 20-acre minimum/Airport Compatibility Overlay/Deer Herd Migration Overlay) zone, and the Foothill Residential General Plan Land Use designation. The division will enable the creation of parcels 20 acres in size that are capable of Zoning Administrator Decision (ZDN) 20-0004 TPM18-0006 Date: June 10, 2020 Page 2 of 13 supporting residential and limited agricultural land uses permitted in the FR-20/AC/DH 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. Density of the resultant parcels are consistent with zoning, and are physically capable of supporting residential and limited agricultural land uses permitted by the FR-20/AC/DH 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: June 10, 2020 Zoning Administrator Decision (ZDN) 20-0004 TPM18-0006 Date: June 10, 2020 Page 3 of 13 EXHIBIT A Tentative Parcel Map for Carole Kelly Lotti on APN 047-230-060, File # TPM18-0006: An application for a Tentative Parcel Map to subdivide a 40.59 acre property situated in the FR-20/AC/DH (Foothill Residential – 20-acre minimum/Airport Compatibility Overlay/Deer Herd Migration Overlay) zone into one parcel of 20.00 acres (Parcel 1) and a 20.59 acre Designated Remainder. 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 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 Zoning Administrator Decision (ZDN) 20-0004 TPM18-0006 Date: June 10, 2020 Page 4 of 13 “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. Zoning Administrator Decision (ZDN) 20-0004 TPM18-0006 Date: June 10, 2020 Page 5 of 13 Please note that violations of District Regulations are enforceable under the provisions of California Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation. Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 2. Mitigation Measure BIO-1 Pre-construction protocol-level surveys shall be conducted during the appropriate survey window for the following species: Butte County checkerbloom, Red Bluff dwarf rush, and Vernal pool fairy shrimp. If any sensitive species will be impacted, as determined by a qualified biologist, the project either will be redesigned to avoid the population(s) to the maximum extent practicable or the species will be mitigated by the purchase of credits at an agency approved mitigation bank or other mitigation. For those populations to be fully avoided, the following measures shall be implemented: 1. During the planning stages of the project, the known populations in the project area will be included in the engineering drawings and all construction activities will be conducted to avoid the populations. Complete avoidance will be achieved by establishing and maintaining a 100-foot buffer for plant species, and 250-foot buffer for wetland species, and preventing any changes to on- site drainage patterns that could de-water or introduce water to known populations. However, a smaller buffer may be used if detailed topographic information shows that the local hydrology drains away from the wetlands and plants in question. 2. Prior to the start of construction activities within the project area, exclusionary fencing shall be erected around the buffer zones of the populations that will be completely avoided. If necessary, a qualified botanist shall be present to assist with locating known populations. The exclusionary fencing shall be periodically inspected throughout each period of construction and be repaired as necessary. All pedestrian and vehicular entry into the completely avoided areas delineated by the fencing shall be prohibited during construction. If complete avoidance of a population of the federally, state or CNPS ranked species is not feasible, then a species-specific determination will be made by CDFW for state only listed species and by CDFW and USFWS for jointly listed species and the County and CDFW for CNPS ranked species as to the appropriate mitigation measures to be employed. These measures will likely include habitat preservation at a ratio of 2:1 (mitigation area to impacted area). Note that preservation requirements are not additive for each species present (i.e., an area occupied by one listed-plant species requires that same amount of habitat preservation as an equivalent area occupied by two or more listed plant species). Before impacting a state-listed species, the project proponent will need to obtain an incidental take permit pursuant to California Fish and Game Code Section 2081(b). For jointly listed plant species Zoning Administrator Decision (ZDN) 20-0004 TPM18-0006 Date: June 10, 2020 Page 6 of 13 CDFW may issue a consistency determination pursuant to Fish and Game Code Section 2080.1 provided that the terms of the federal biological opinion and/or incidental take statement will minimize and fully mitigate the impacts of the taking. Restoration and protection of habitat shall be the focus of mitigation efforts for impacts to listed species; however, measures may also include salvaging the seeds of the plants with subsequent replanting in nearby suitable habitat. A detailed restoration and monitoring plan will be developed by a qualified botanist and will contain, at a minimum, the following information: 1. Location of areas on- or off-site to restore plant populations. 2. A description of the propagation and planting techniques to be employed in the restoration effort. 3. A timetable for implementation of the restoration plan. 4. A monitoring plan and performance criteria. 5. A description of remedial measures to be performed if initial restoration measures are unsuccessful in meeting the performance criteria. 6. A description of site maintenance activities to occur after restoration activities (e.g., weed control, irrigation, and control of herbivory by livestock and wildlife). Plan Requirements: The mitigation shall be placed on a separate document that is to be recorded concurrently with the map or on an additional map sheet. Timing: Requirements of the condition shall be adhered to before 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 measure is met at the time of development and during construction activities. 3. Mitigation Measure BIO-2 To minimize impacts to bat species protected by the California Fish and Game Code (CFGC), the following are recommended avoidance and minimization measures: • If mature trees are removed and/or fallen, activities should be conducted between September 16 and March 15, outside of the bat maternity seasons. Trees shall also be removed at dusk to minimize impacts to roosting bats. Plan Requirements: The mitigation shall be recorded on an additional map sheet to the Parcel Map, and noted on future development and grading plans. Timing: Requirements of the condition shall be adhered to prior 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 recorded on an additional map sheet of the Parcel Map, and noted on future development and grading plans. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 4. Mitigation Measure BIO-3 Zoning Administrator Decision (ZDN) 20-0004 TPM18-0006 Date: June 10, 2020 Page 7 of 13 If project construction activities, including ground disturbance or vegetation removal, occur during the nesting season for birds protected under the Migratory Bird Treaty Act (MBTA) and California Department Fish & Game Code (CDFC) (approximately February 1 – August 31), the project proponent shall retain a qualified biologist to perform preconstruction surveys for nesting bird species. Surveys to identify active bird nests shall be conducted within and 250 feet around the footprint of the proposed construction site. The survey shall be conducted within 7 days prior to the initiation of construction activities. If an active nest is observed, a species protection buffer shall be established. The species protection buffer will be defined by the qualified biologist based on the species, nest type and tolerance to disturbance. Construction activity shall be prohibited within the buffer zones until the young have fledged or the nest fails. Nests shall be monitored by a qualified biologist once per week and a report submitted to the Butte County Department of Development Services. Plan Requirements: Perform protocol-level surveys for migratory birds protected by the California Department Fish & Game Code and the Migratory Bird Treaty Act. This measure shall be recorded on an additional map sheet to the Parcel Map. Timing: Requirements of the condition shall be adhered to prior to and during construction activities planned to occur during nesting seasons for CDFC and MBTA species (between February 1 and August 31). Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is recorded as an additional map sheet of the Parcel Map. Department of Development Services shall ensure the condition is met at the time of construction activities. 5. Mitigation Measure BIO-4 Place the following note to be recorded on an additional map page of the Parcel Map 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 applicant/developer shall complete one of the following measures to the satisfaction of the Director of Development Services or his/her designee: A. An Oak Tree Evaluation Plan shall be prepared by a qualified professional having experience in California Oak Woodlands and is either a certified arborist, qualified wildlife biologist or registered professional forester shall be submitted for review and approval by the Director of Development Services or his/her designee that includes the following: 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 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; Zoning Administrator Decision (ZDN) 20-0004 TPM18-0006 Date: June 10, 2020 Page 8 of 13 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. Prior to construction or surface disturbance, a protective fence or brightly colored staked boundary shall be placed 5 feet beyond the established critical rooting zone (CRZ) of the oak or group of oaks being protected. A warning sign shall be prominently displayed on each fence. The sign should be a minimum of 16 x 24 inches, brightly colored and be visible, even from vehicles. The sign must indicate that the CRZ is a restricted area. Orange safety triangles may suffice if other signage cannot be constructed. A high visibility plastic mesh fence is recommended to maximize the visibility of protected tree areas. Wire with bright-colored flags placed at equal intervals can also be a suitable barrier so long as it maintains high visibility. Protective fencing shall remain in place until final inspection by the qualified professional. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and 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. Provide proof of compliance with the adopted Butte County Oak Woodland Mitigation Ordinance currently under preparation; or C. Provide proof of compliance with all required avoidance and minimization measures, and payment of all applicable fees to mitigate for blue oak woodland impacts as provided in the Butte Regional Conservation Plan, as adopted by Butte County. 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 an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site. 6. Mitigation Measure BIO-5 Place the following note to be recorded on an additional map page of the Parcel Map that states: Zoning Administrator Decision (ZDN) 20-0004 TPM18-0006 Date: June 10, 2020 Page 9 of 13 Before any development activity or the issuance of any permit or approval that would result in ground disturbing activity, wetland features including drainage channels within the project site shall be mapped utilizing approved methodologies to determine the nature and extent of each feature. A minimum 50- foot development avoidance ‘No Disturbance’ buffer shall be established around the outer edge of on- site wetland features unless a larger buffer area is required due to the presence of federally, state or CNPS ranked species. Wetland features and the development avoidance buffer area shall be mapped in the engineering drawings of development plans. If future construction activities on the resultant parcels would affect the identified wetland features or buffer area, the project proponent shall either obtain appropriate permits from federal and State agencies, pursuant to Section 404 of the Clean Water Act, or obtain a letter from the agencies that states the areas of disturbance is in compliance with the applicable regulations. Mitigation requirements for the fill of waters of the U.S. will be implemented through an onsite restoration plan, and/or an In Lieu Fund and/or a certified conservation bank with a Service Area that covers the proposed Project area. These agreements, certifications, and permits may be contingent upon successful completion of the CEQA process. Plan Requirements: Wetland features, including drainage channels, shall be surveyed by a qualified biologist. A minimum 50-foot development avoidance buffer area shall be established around the wetland feature. This mitigation shall be noted on a separate document recorded concurrently with the parcel map. Timing: Requirements of the condition shall be satisfied before 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. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 7. 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 the 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 that 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. Zoning Administrator Decision (ZDN) 20-0004 TPM18-0006 Date: June 10, 2020 Page 10 of 13 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. 8. Mitigation Measure CUL-2 Prior to ground disturbing activities, or prior to issuance of development permits, the project proponent shall present a final proposal identifying the location of the proposed activities to the Butte County Department of Development Services (DDS) for review and approval. The location of the proposed development activities shall not be located within 50 feet of identified archaeological resources (GE- 19005, GE-19006, and GE-PBM001), which shall be verified through consultation with Butte County DDS and/or a qualified archaeologist. If activities will be within 50 feet, the project proponent shall install exclusion fencing around eligible or potentially-eligible cultural resources, and proposed activities shall be monitored by a qualified archeologist during initial ground disturbing activities to avoid disturbance of the cultural resources. If avoidance is not possible, further archaeological testing of the resources and consultation with the Native American Community is recommended, prior to any project-related ground disturbing activities. Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map, and on an additional map sheet recorded with the map. This note shall be shown on all site development and building plans. Timing: This measure shall be implemented prior to all ground disturbing activities and prior to the issuance of development permits. 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 and on an additional map sheet. The project proponent shall notify the Department of Development Services- Planning Division and/or a professional archaeologist to ensure proposed activities will avoid damage to eligible and/or potentially-eligible cultural resources. 9. Mitigation Measure GHG-1 The project proponent shall implement the following measures during construction-related activities and at the time of development to offset the anticipated contribution of greenhouse gas emissions: • Prewire all new residential development to support photovoltaic system installation. • Install electrical vehicle outlets on external walls or in garages in all new residential development. • Minimize equipment idling time during construction activities either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minutes. • Use clean or alternative fuel equipment during construction-related activities to improve fuel efficiency. Plan Requirements: The measure shall be placed on an additional map sheet which is to be recorded with the Parcel Map. This note shall also be placed on all building and site development plans. Zoning Administrator Decision (ZDN) 20-0004 TPM18-0006 Date: June 10, 2020 Page 11 of 13 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. 10. Prior to recordation of the Parcel Map, the property owner shall record an Avigation Easement/Notice of Proximity of Airport, associated with the Chico Municipal Airport. The form and content of the easement and notice shall be to the satisfaction of the City of Chico. 11. 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)). 12. 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). 13. 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.” 14. Prior to recordation of the Parcel Map, a note shall be shown on an additional map sheet of the parcel map that states: “Designated Remainder is not created for sale, lease or financing. Prior to sale, lease or financing of the Remainder, or issuance of any development permit, the property owner shall obtain a Certificate of Compliance, in accordance with Butte County Code.” Land Development Division, Department of Public Works 15. Prior to recordation of the parcel map, provide a fully executed road maintenance agreement for all non-publicly maintained access roads on the county approved form. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map stating: "In accordance with Civil Code Section 845, maintenance of the road as shown hereon shall be shared by those properties with a legal interest in it." 16. All access rights shall be reserved by deed per county ordinance, offered for dedication, and depicted on the parcel map. Place the following note on the parcel map: “approved road name is a non-exclusive easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered for dedication to the County of Butte.” 17. Prior to recordation of the parcel map, demonstrate to the Department of Public Works that there is approved access conforming to county code to each parcel from a publicly maintained road. 18. 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 Cohasset Highway along the entire property frontage. 19. Prior to recordation of the parcel map, relinquish abutter's rights of access to Butte County along the frontage of parcel 1 and the Designated Remainder except at approved access points. Zoning Administrator Decision (ZDN) 20-0004 TPM18-0006 Date: June 10, 2020 Page 12 of 13 20. For all non-publicly maintained access roads, a note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map stating: "No public entity shall be responsible for the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them." 21. 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 Discharge Identification (WDID) number on the title sheet of the plans and a copy of the erosion and sediment control plan shall be provided to the Land Development Division of the Public Works Department. If a construction storm water permit is required, place a note on an additional map sheet that states: “The development of this parcel map required a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. Development of individual lots may require an additional permit(s).” 22. Show all easements of record on the parcel map. 23. Prior to recordation of the parcel map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. 24. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Butte County Fire Department/Cal Fire 25. 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. 26. 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. 27. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, “Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. 28. Prior to any lot clearing activity or cutting of trees, contact the Butte Area Forester at (530) 872-6353 to determine the need for a less than 3 acre conversion exemption permit or a timber harvest plan. 29. Ensure all roadways meet current maximum length of cul-de-sac requirements. Environmental Health Division, Public Health Department 30. 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, Zoning Administrator Decision (ZDN) 20-0004 TPM18-0006 Date: June 10, 2020 Page 13 of 13 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.