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HomeMy WebLinkAboutTPM19-0001_COA_Approved  Butte County Department of Development Services   Conditions of Approval – TPM19-0001 / Christian DeMarais  Page 1 of 8  Tentative Parcel Map for Christian DeMarais on APN 007-420-064, File # TPM19-0001: An application for a Tentative Parcel Map to divide 8.62-acre property located in the General Industrial (GI) zone and the North Chico Specific Plan Light Industrial (M-1) zone into two parcels. Parcel 1 would be 5.47 acres; Parcel 2 would be 3.15. I. CONDITIONS OF APPROVAL: Planning Division, Department of Development Services 1. Mitigation Measure AIR-1 If warranted based on the scope of the proposed future development on Parcel 2, perform a project specific air quality impact evaluation to determine whether emissions would exceed BCAQMD significance criteria. 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 during review and prior to approval of a future development application on Parcel 2. 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. With approval of the development application, future monitoring requirements would be determined by DDS staff. 2. 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.  Butte County Department of Development Services   Conditions of Approval – TPM19-0001 / Christian DeMarais  Page 2 of 8  • Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 100 feet of a restricted areas. • To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk hour emissions. Operational TAC Emissions • All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm). • Stationary sources shall comply with applicable District rules and regulations. Fugitive Dust Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses near a construction site. Dust complaints could result in a violation of the District’s “Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following is a list of measures that may be required throughout the duration of the construction activities: • Reduce the amount of the disturbed area where possible. • Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. An adequate water supply source must be identified. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. • All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved alternative method will be used. • Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. • Exposed ground areas that will be reworked at dates greater than one month after initial grading should be sown with a fast-germinating non-invasive grass seed and watered until vegetation is established. • All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the Butte County Air Quality Management District. • All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site.  Butte County Department of Development Services   Conditions of Approval – TPM19-0001 / Christian DeMarais  Page 3 of 8  • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with local regulations. • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. • Post a sign in prominent location visible to the public with the telephone numbers of the contractor and the Butte County Air Quality Management District - (530) 332-9400 for any questions or concerns about dust from the project. All fugitive dust mitigation measures required should be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend period when work may not be in progress. The name and telephone number of such persons shall be provided to the District prior to land use clearance for map recordation and finished grading of the area. Please note that violations of District Regulations are enforceable under the provisions of California Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation. Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Mitigation Measure BIO-1 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 proposed construction site. The survey shall be conducted within 7 days prior to the initiation of construction activities. In the event that an active nest is observed, a species protection buffer shall be established. The species protection buffer will be defined by the qualified biologist based on the species, nest type and tolerance to disturbance. Construction activity shall be prohibited within the buffer zones until the  Butte County Department of Development Services   Conditions of Approval – TPM19-0001 / Christian DeMarais  Page 4 of 8  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 an additional map sheet of the Parcel Map. Department of Development Services shall ensure the condition is met at the time of construction activities. 4. 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. 5. 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: • 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.  Butte County Department of Development Services   Conditions of Approval – TPM19-0001 / Christian DeMarais  Page 5 of 8  • 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. 6. Mitigation Measure NOI-1: To reduce construction-generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine-driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction.” Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on the building permit site plan. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction-related noise. 7. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a CEQA Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Wildlife that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). 8. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees.  Butte County Department of Development Services   Conditions of Approval – TPM19-0001 / Christian DeMarais  Page 6 of 8  Land Development Division, Department of Public Works 9. 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." 10. 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: “Hedstrom Way 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.” 11. 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. 12. Prior to recordation of the parcel map, provide street name signs per requirements of the Department of Public Works. 13. Prior to final road inspection, install all necessary traffic safety signs including stop signs. For all non- publicly maintained access roads, a note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map stating: "No public entity shall be responsible for the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them." 14. Provide a cul-de-sac or building free turn around area designed and constructed as specified in the county improvement standards. The parcel map shall show the cul-de-sac or building free turn around area. 15. Prior to recordation of the parcel map, construct or provide a performance, labor and material bond for construction of street frontage improvements on Hedstrom Way. Construct a ½+ 12’ street section along the parcel frontage to the eastern parcel boundary of APN 007-420-002 in conformance with county improvement standard NCSP-6, including vertical curb, gutter, and sidewalk, 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. 16. Prior to recordation of the parcel 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 parcel 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.  Butte County Department of Development Services   Conditions of Approval – TPM19-0001 / Christian DeMarais  Page 7 of 8  17. 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. 18. Prior to grading, a construction storm water permit will be required by the State Water Resources Control Board if the project results in ground disturbance, including clearing, excavation, filling, and grading of one or more acres. The permit must be obtained from the State Water Resources Control Board prior to construction. Submit engineering estimate of area to be disturbed to the Department of Public Works for review and approval. If a construction storm water permit is required, engineering plans shall show the Waste Discharge Identification (WDID) number on the title sheet of the plans and a copy of the erosion and sediment control plan shall be provided to the Land Development Division of the Public Works Department. If a construction storm water permit is required, place a note on an additional map sheet that states: “The development of this parcel map required a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. Development of individual lots may require an additional permit(s).” 19. Show all easements of record on the parcel map. 20. 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. 21. Pay the recording fees in effect at the time the parcel map and related documents are recorded. 22. Prior to recordation of the parcel map, pay North Chico Specific Plan Area development impact fees per Article XVII, Chapter 3 of Butte County Code. Butte County Fire Department/Cal Fire 23. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the current adopted California Fire Code and current Butte County Improvement Standards, whichever is stricter. 24. 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 all structures. 25. Ensure all roadways meet current maximum length of cul-de-sac requirements. Environmental Health Division, Public Health Department 26. Prior to recordation, identify on the map sheet a Minimum Usable Wastewater Area (MUWA) for resultant parcel 2 of 20,000 square feet and MUWA for resultant parcel 1 of 10,000 square feet. Also include the note: The approved wastewater dispersal system for parcel 1 (replacement) and parcel 2 (new and replacement systems) are for a pressure distribution system with application rate of .6 gpd/ft2. 27. Prior to recordation, place the statement on the Final Map that “There is no evidence that domestic water is available for parcels 2.  Butte County Department of Development Services   Conditions of Approval – TPM19-0001 / Christian DeMarais  Page 8 of 8  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.