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HomeMy WebLinkAboutTPM20-0001 Conditions of ApprovalButte County Department of Development Services   April 14, 2021  Agenda Report – Troy Keenan TPM20-0001  Page 1 of 8  ATTACHMENT A: DRAFT ZONING ADMINISTRATOR DETERMINATION WITH CONDITIONS OF APPROVAL BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN21-0004 TENTATIVE PARCEL MAP TPM20-0001 (Troy Keenan) A tentative parcel map to divide a 5.0-acre parcel, in the VLDR (Very Low Density Residential – 1.0-acre minimum) zone and VLDR (Very Low Density Residential) General Plan designation, into four lots (1.0 acres each) and one designated remainder. The project parcel contains a primary residence, accessory residence, garage, ground-mount solar array and shed. The project parcel fronts Nord Avenue, a publicly maintained paved road. The parcel frontage is unimproved without curb, gutter, and sidewalk. Future residences will be served by onsite well and septic systems. APN 042-020-098 April 14, 2021 I.The Zoning Administrator has considered Section 15061 (b) (3) Common Sense Exemption in accordance with the California Environmental Quality Act (CEQA), and adopts the Exemption with the following findings: A.Section 15061 (b) (3) applies to projects which can be seen with certainty that there is no possibility that the activity may have significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. B.On the basis of the whole record before the Zoning Administrator, there is no substantial evidence that the Tentative Parcel Map for Troy Keenan, Planning Division File No. TPM20-0001 would have a significant effect on the environment. C.The custodian of the record is the Department of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. II.Approves Tentative Parcel Map TPM20-0001 for Troy Keenan, subject to the conditions found in Exhibit “A” and the following findings: A.The proposed map is consistent with the VLDR (Very Low Density Residential, 1.0- acre minimum) zone. Proposed lots meet minimum parcels sizes and will support single-family residential development, consistent with purpose and allowed uses in the VLDR zone (BCC §24- 18E and §24-19). B.The project is substantially consistent with applicable Goals and Policies of the Butte County General Plan based on the consistency review in the staff report. In addition, Butte County Department of Development Services   April 14, 2021  Agenda Report – Troy Keenan TPM20-0001  Page 2 of 8  there is no substantial evidence in the whole record to support any of the findings in Government Code Section 66474 requiring denial of the tentative parcel map. C.The design and improvements of the proposed parcel map are consistent with County standards and policies provided all conditions of project approval are met. Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the project analysis and proposed project conditions. Design and improvements of the Proposed Parcel Map are consistent with County standards and policies. Conditions to meet City of Chico standards shall be placed as a condition for all future infrastructure and utilities. D.The project site is physically suitable for the use and density of the proposed development. The proposed parcel sizes are consistent with the minimum parcel size requirement of the VLDR (1.0-acre minimum) zone. Existing and proposed single-family residences are consistent with the primary allowed land uses in the VLDR zone. E.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 parcel map provided the attached conditions are met. No easements will be abandoned with the proposed TPM. F.The project site is not located within an earthquake fault zone. As noted in the initial study for the project, there is only one known active fault within Butte County and it is located approximately 20 miles to the east. G.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. No adverse or detrimental effects to the environment or public health, safety, and welfare have been identified as resulting from the project, from agency and departmental review, or from staff analysis. H.The roads in the project area have the capacity to handle the increase in vehicular traffic generated by the project. The addition of four residential dwellings would have a negligible effect on local or regional traffic. Approved By: Pete Calarco Date: April 14, 2021 Butte County Department of Development Services   April 14, 2021  Agenda Report – Troy Keenan TPM20-0001  Page 3 of 8  EXHIBIT A Tentative Parcel Map for Troy Keenan on APN 042-020-098, File # TPM20-0001: A request to divide a 5.0-acre parcel, in the VLDR (Very Low Density Residential – 1.0-acre minimum) zone and VLDR (Very Low Density Residential) General Plan designation, into four lots (1.0 acres each) and one designated remainder. The project parcel contains a primary residence, accessory residence, garage, ground-mount solar array and shed. The project parcel fronts Nord Avenue, a publicly maintained paved road. The parcel frontage is unimproved without curb, gutter, and sidewalk. Future residences will be served by onsite well and septic systems. I.Conditions of Approval: Planning Division None. Public Works A. STREETS 1.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." 2.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.” 3.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. 4.Prior to recordation of the parcel map, deed to Butte County in fee simple 32 feet of right-of- way from the physical centerline of Nord Avenue along the entire property frontage. 5.Prior to recordation of the parcel map, relinquish abutter's rights of access to Butte County along the Nord Avenue frontage of parcel 1 except at approved access points. 6.Prior to recordation of the parcel 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 parcel map. A minimum of five alternate names for each new street shall be submitted. 7.Prior to final road inspection, install all necessary traffic safety signs including stop signs. Butte County Department of Development Services   April 14, 2021  Agenda Report – Troy Keenan TPM20-0001  Page 4 of 8  8.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. 9.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. 10.Prior to recordation of the parcel map, construct or provide a performance, labor and material bond for construction of street frontage improvements on Nord Avenue. Construct a ½+ 12’ street section along the entire parcel frontage in conformance with City of Chico improvement standard S-18A, including curb, gutter, and detached sidewalk, 3″ Type A Hot Mix Asphalt, 12″ Class 2 aggregate base, prime coat, fog seal and 95 % relative compaction. Submit for approval roadway structural design and improvement plans to the Land Development Division prior to construction. An “R” value determination and other data may be required to support the section design. Submit a “Notice of Materials to be Used”, materials test results, and mix design in compliance with 2018 Caltrans Standard Specifications, Section 39, to the department of Public Works for approval at least 14 days prior to the start of paving operations. Testing of hot mix asphalt materials shall be performed by a qualified laboratory and test results shall be signed and stamped by a licensed civil engineer. Conduct material testing during construction and submit the results to Department of Public Works to ensure compliance with Standard Specifications, approved materials, and approved mix design. 11.Prior to recordation of the parcel map, provide approved access to each parcel being created. Construct or provide a performance, labor and material bond for construction of interior road in conformance with county improvement standard RS-7, 2″ Type A Hot Mix Asphalt, 8″ Class 2 aggregate base, prime coat, fog seal and 95 % relative compaction. Submit for approval roadway structural design and improvement plans to the Land Development Division prior to construction. An “R” value determination and other data may be required to support the section design. Submit a “Notice of Materials to be Used”, materials test results, and mix design in compliance with 2018 Caltrans Standard Specifications, Section 39, to the department of Public Works for approval at least 14 days prior to the start of paving operations. Testing of hot mix asphalt materials shall be performed by a qualified laboratory and test results shall be signed and stamped by a licensed civil engineer. Conduct material testing during construction and submit the results to Department of Public Works to ensure compliance with Standard Specifications, approved materials, and approved mix design. B. DRAINAGE 12.Prior to the recordation of the parcel map an engineered plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how stormwater runoff will be attenuated on site by detention facilities and conveyed to the nearest natural or publicly maintained drainage channel or Butte County Department of Development Services   April 14, 2021  Agenda Report – Troy Keenan TPM20-0001  Page 5 of 8  facility and shall provide developed-condition peak flow discharge not greater than 90% of the pre-development condition for all storm events, and no increase in stormwater volume over the design storm duration to said channel or facility. Detention facilities must either discharge to receiving channel with no backwater from the channel, or attenuate full stormwater volume onsite. Backwater condition is present when detention facility, with gravity flow, has an outlet elevation at or below the approved 100 year water surface elevation of the receiving channel. If used, stormwater pumps shall have redundant pump systems, back-up power, and discharge control mechanism(s) to prevent discharge during high flow events in receiving channel. Prior to final improvement inspection, the design dimensions and volume of detention facilities shall be confirmed using topographic land survey by the engineer of record. 13.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. 14.Prior to recordation of the parcel map, pay drainage impact fees per Article XI, Chapter 3 of Butte County Code. C.SMALL MUNICIPAL STORM SEWER SYSTEMS (MS4) REQUIREMENTS 15.Construction Phase: Prior to issuing a grading or a building permit, or prior to approval of improvement plans, submit an erosion and sediment control plan (ESCP) to Public Works department for approval. ESCP shall contain site-specific construction site Best Management Practices (BMPs). BMPs included in the ESCP must be in accordance with Section 50-19 of County Code, and/or consistent with the California Stormwater Quality Association BMPs. Revisions to an approved ESCP must be resubmitted for Department of Public Works approval prior to commencing with site work. A Storm Water Pollution Prevention Plan (SWPPP) developed pursuant to the construction stormwater general permit (CGP) may be submitted in lieu of the ESCP. Add a note on a map sheet that states: “Development activities resulting in soil disturbance shall submit an erosion and sediment control plan (ESCP) to the Department of Public Works for approval. ESCP shall contain appropriate site-specific construction site BMPs.” 16.Construction Phase: Coverage under the stormwater Construction General Permit (CGP) will be required by the State Water Resources Control Board if development activities result in ground disturbance, including clearing, excavation, filling, and grading of one or more acres or disturb less than one acre but are part of a larger common plan or development. Coverage under this General Permit must be obtained from the State Water Resources Control Board prior to starting construction. If coverage under the CGP is required, engineering plans shall show the Waste Discharge Identification (WDID) number on the title sheet of the plans and a copy of Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Land Development Division of the Public Works Department. Submit with improvement or grading plans the estimated areas to be disturbed to the Department of Public Works for Butte County Department of Development Services   April 14, 2021  Agenda Report – Troy Keenan TPM20-0001  Page 6 of 8  consistency with the SWPPP. Additionally, place a note on a map sheet that states: “The development of this parcel (or subdivision) map required coverage under the Stormwater Construction General 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 coverage under this permit. Development of individual lots may require an additional permit coverage.” 17.Post Construction: Implement post-construction Best Management Practices (BMPs) consistent with State Water Resources Control Board Order 2013-0001-DWQ to control the volume, rate, and potential pollutant load of stormwater runoff, including, but not limited to, requirements to minimize the generation, transport and discharge of pollutants. Develop and submit a Post Construction Stormwater Management Plan (PCSMP) that identifies BMP stormwater treatment system(s) designed to reduce or eliminate stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment system(s) and/or hydromodification measures. Design and sizing requirements shall comply with the Post- Construction Stormwater Management Program (section E.12) requirements of State Water Resources Control Board Order 2013-0001-DWQ. Hydromodification measures are required for Regulated Projects that create and/or replace one acre or more of impervious surface. The Department of Public Works approval of the PCSMP is precedent to improvement plan approval. Regulated projects are defined in State Water Resources Control Board Order 2013-0001-DWQ and are generally considered as new and redevelopment projects on public or private land that fall under the planning and permitting authority of the and are within the MS4 area that create or replace greater than or equal to 5,000 square feet of impervious area, excluding: a) detached single family residences that are not part of a common plan of development; b) interior remodels; c) routine maintenance or repair; or d) a Linear Underground/Overhead Utility Projects unless the project has a discrete location of that has 5,000 square feet or more of newly constructed contiguous impervious area. 18.Post Construction: Prior to improvement plan approval, Regulated Projects shall submit a Stormwater Facilities Operations and Maintenance (O&M) Plan that identifies the operations, maintenance, and inspection requirements of all stormwater Best Management Practices (BMPs) treatment system(s) and hydromodification measures identified in the approved PCSMP. All public and private stormwater treatment system(s) and hydromodification measures shall be protected, inspected, and maintained to ensure continuous and fully effective performance as designed. A maintenance and inspection schedule for both dry and wet season BMPs shall be in writing, and a record shall be kept that includes the dates of inspection or maintenance, whether BMPs were inspected or maintained, a description of any maintenance activity, and the name of the inspector or maintenance foreman. Place a note on a map sheet to state: “The owners or operators of facilities required to implement post-construction BMPs shall enter into a written maintenance agreement with the County or other formal maintenance entity such as a County Service Area, Home Owners Association for maintenance of such features. Regulated Projects shall grant site access to Butte County or other formal maintenance entity for the Butte County Department of Development Services   April 14, 2021  Agenda Report – Troy Keenan TPM20-0001  Page 7 of 8  sole purpose of implementing and performing measures in the O&M plan for the installed stormwater treatment system(s) and hydromodification measures.” 19.Post Construction: Stormwater Trash Treatment Control Devices BMPs: Prior to final improvement inspection, Install stormwater trash treatment control devices (Devices). Devices installed shall meet Full Capture System requirements and shall be designed in accordance with the following criteria: i.Appropriately sized to treat not less than the peak flowrate resulting from a 1-year, 1- hour storm event (design storm) or at least the same peak flows from the corresponding storm drain; ii.Do not bypass trash below the design storm under maximum operational loading conditions; and iii.Trap all particles that are 5 mm or greater up to the design flow or at least the same peak flows from the corresponding storm drain; and do not have a diversion structure present upstream such that a portion of the peak flow is not treated to trap all particles 5 mm or greater. Location(s) and specifications of Devices selected shall be shown on improvement plans. Devices shall be certified by the State Water Resources Control Board prior to installation. Prior to installation of any certified Devices, the local mosquito vector control district should be contacted to ensure the installation conforms to the District’s visual inspection, treatment, and vector breeding minimizing guidelines. Devices shall be protected, inspected, and maintained to ensure continuous and fully effective performance as designed. Place a note on a map sheet to state: “The owners or operators of facilities required to install trash treatment control devices shall enter into a written maintenance agreement with the County or other formal maintenance entity such as a County Service Area, Home Owners Association for maintenance of such devices.” D. PARCEL MAP 20. Show all easements of record on the parcel map. 21. 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. 22. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Public Health Department Environmental Health Division None. Butte County Department of Development Services   April 14, 2021  Agenda Report – Troy Keenan TPM20-0001  Page 8 of 8  Cal Fire/Butte County Fire 23.Construction, installation, or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with current adopted California Fire Code and current Butte County Improvement Standards, whichever is stricter. 24.Pressurized water for fire protection is available within 1,000 feet of the created parcels. In lieu of bearing the cost of installing a fire hydrant(s), the developer may pay into the fire department hydrant fund. The amount paid is based on the length of the street frontage of the created parcels. The amount paid is established at $1.72 per frontage foot. 25.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. 26.All roadways shall meet current maximum length of cul-de-sac standard. Processing Fees 27.Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. 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.