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HomeMy WebLinkAbout2 TSM08-0006 Final Approved Conditions of Approval 2012-05-22_____________________________________________________________________________________________ Paradise Summit TSM08-0006 Conditions of Approval Planning Commission TSM08-0006 Approval: 04/26/2012 Board of Supervisors PUD08-0001 Approval: 05/22/2012 1 of 13 EXHIBIT 1 Tentative Subdivision Map for Wyckoff & Associates, LLC, Assessor’s Parcel Numbers: 055-300-013, 038, 099, 101, 102, 103, 109 and 055-310-023 File # TSM08-0006: An application for a phased Tentative Subdivision Map to subdivide +/-333 acres into 312 single- family residential parcels varying in size from 8,738 square feet (SF) to 32,099 SF within a +/- 137-acre area of the site, and various lots for open space uses with +/-195 acres of open space. I. CONDITIONS OF APPROVAL: Planning Division 1) Air Quality Project Commitment #1: The following measures shall apply to all development activities on the project site. Additionally, a note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: Dust generated by the development activities shall be kept to a minimum and retained on-site. Follow the air quality control measures listed below: Control Dust a) During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day’s activities cease. b) During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d) On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e) Haul vehicles transporting soil into or out of the property shall be covered. f) Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g) Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information a) Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). _____________________________________________________________________________________________ Paradise Summit TSM08-0006 Conditions of Approval Planning Commission TSM08-0006 Approval: 04/26/2012 Board of Supervisors PUD08-0001 Approval: 05/22/2012 2 of 13 Other Construction Practices a) Maintain all construction equipment in proper tune according to manufacturer’s specification. b) Where feasible, give preference to utilizing the following equipment: • Electric equipment • Substitute gasoline-powered for diesel-powered equipment • Alternatively fueled construction equipment on-site, such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has Caterpillar pre-chamber diesel engines, as practical. • Diesel construction equipment meeting the California Air Resources Board’s (CARB) 1996 or newer certification standard for off-road heavy-duty diesel engines. c) Construction workers shall park in designated parking area(s) to help reduce dust emissions.” d) Residential wood burning appliances, (including but not limited to fireplaces, woodstoves and fire pits) shall not be installed or utilized within the development. 2) Air Quality Project Commitment #2: Prior to approval of the first Final Map for development (not a large lot map), the applicant shall pay emission reduction fees to the satisfaction of the Butte County Air Quality Management District. 3) Biological Resources Project Commitment #3 (Butte County calycadenia): California Department of Fish and Game (CDFG) will be given advance notice of impacts to Butte County calycadenia on the Property, and will be granted access to the site for plant removal or seed collection. 4) Biological Resources Project Commitment #4 (Red Bluff dwarf rush): Areas known to support Red Bluff dwarf rush a CNPS list 1B plant, will be avoided with a minimum 100- foot set-back. During building and fuel break construction, environmentally sensitive area (ESA) fencing will be placed around avoidance areas including wetlands and known CNPS listed plant populations. 5) Biological Resources Project Commitment #5 (Pre-Construction Raptor Surveys): Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet and on all building and site development plans that states “If construction occurs between March 1 and September 15, the developer will engage the services of a qualified biologist to survey the project site and area within 250 feet of the site for nesting birds of prey and migratory birds, including Loggerhead Shrike and Yellow Warbler, no more than thirty days prior to the initiation of construction. Results of the pre- construction survey shall be submitted to the Butte County Development Services Department.” a) “If an active nest is located within 250 ft of the project study area, a qualified biologist will monitor the nest weekly during construction to evaluate potential nesting disturbance caused by construction activities. The biologist monitoring the site will immediately _____________________________________________________________________________________________ Paradise Summit TSM08-0006 Conditions of Approval Planning Commission TSM08-0006 Approval: 04/26/2012 Board of Supervisors PUD08-0001 Approval: 05/22/2012 3 of 13 notify the Department of Development Services of any potential nesting disturbance caused by construction activities. The Department of Development Services will have the authority to stop construction if construction appears to be resulting in nest abandonment or forced fledging.” b) “If an active nest occurs in a tree scheduled for removal, the species of bird using the nest will be determined by the qualified biologist. The biologist making the determination will immediately notify the Department of Development Services of any active nest in a tree scheduled for removal. The nest tree will be preserved until it is outside of the breeding season for that species or until the young have fledged. If construction cannot be delayed until the end of the breeding season, guidance from DFG shall be requested.” 6) Biological Resources Project Commitment #6 Oak Tree Replacement and Protection: A preliminary oak tree canopy analysis based on aerial photo overlays of the proposed project was conducted for the project site to estimate the total acreage of oak tree canopy present on-site and the what percentage of canopy would be removed during project construction. The canopy analysis estimated that approximately 32% of the oak trees on the site are located within the proposed residential development footprint and that 68% of the oak tree canopy will be preserved within open space areas (excluding areas of steep slopes). In addition, oak tree replacement resulting from residential development shall occur onsite and within the areas proposed for open space and deer/wildlife migration. The following Oak Tree Replacement and Protection criteria shall be applied to the areas proposed for residential development. Prior to final map recordation for individual development phases, the following shall be conducted and included on project Improvement Plans: An Oak Tree Replacement and Protection Inventory prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee, and shall be prepared in accordance with the following: a) A certified arborist, registered professional forester, or botanist shall prepare the Oak Tree Replacement and Protection Inventory to identify oak trees that are deemed suitable for retention. Factors used to assess suitability of existing oak trees shall include health, location (in relation to proposed improvements and adjacent residences), and size of the tree. Improvement Plans shall identify trees to be removed, including trees deemed to be unsafe or unhealthy; b) In those areas proposed for residential development, the Oak Tree Replacement and Protection Inventory shall show the location of all oak trees deemed suitable for retention, those to be retained, and all oak trees to be removed, using the factors set out below; c) Where feasible, the applicant shall minimize the removal of oak trees deemed suitable for retention; _____________________________________________________________________________________________ Paradise Summit TSM08-0006 Conditions of Approval Planning Commission TSM08-0006 Approval: 04/26/2012 Board of Supervisors PUD08-0001 Approval: 05/22/2012 4 of 13 d) The Oak Tree Replacement and Protection Inventory shall identify the number of trees that will be replaced per the following standard: A minimum of 3 native oak trees of 5 gallons or larger size shall be planted for each like species of oak tree removed that is greater than or equal to 5 inches diameter at breast height (DBH). The trees shall be planted in designated open space areas and within the Deer/Wildlife Migration Corridor. Plantings within the Deer/Wildlife Migration Corridor would be required to meet the criteria established by the California Department of Fish and Game’s letter, November 10, 2009, refer to Project Commitment #8 for specifics. e) The Oak Tree Replacement and Protection Inventory shall identify each oak tree to be preserved within the residential development areas. All oak trees that are to be preserved within the residential development areas shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities; f) No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil. 7) Biological Resources Project Commitment #7 (Wetland Permits): Prior to recordation of the first Final Map, the applicant shall submit written verification that any necessary permits have been secured from the US Army Corps of Engineers (USACOE) and the Central Valley Regional Water Quality Control Board (RWQCB) for compliance with Section 404 and Section 401 of the Clean Water Act as well as a Fish and Game Code Section 1600 Streambed Alteration Agreement from California Department of Fish and Game. If these permits are not necessary, no additional mitigation is required. 8) Biological Resources Project Commitment #8 (Integrated Open Space Management Program): Comply with the requirements of the Integrated Open Space Management Program (IOSMP). The IOSMP ensures internal consistency between existing regulations, and applicable performance criteria established within the Project Commitments. This IOSMP also identifies the appropriate oversight entities and roles of each entity/agency. This IOSMP identifies open space management criteria for the following: Public Access and Recreation; Deer/Wildlife Migration Corridor; and Fuel Modification (see the Mitigation Monitoring Plan including Project Commitment #8 for a full description of the IOSMP.) 9) Biological Resources Project Commitment #9 (Notification): Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Potential buyers and subsequent future buyers should be aware that: a) Homes are located where there will be potentially dangerous wildlife and human interaction, (i.e., mountain lions, bears and coyotes, etc.) and that the homeowner(s) assume all risk. _____________________________________________________________________________________________ Paradise Summit TSM08-0006 Conditions of Approval Planning Commission TSM08-0006 Approval: 04/26/2012 Board of Supervisors PUD08-0001 Approval: 05/22/2012 5 of 13 b) Wildlife depredation permits will not be issued for property damage due to wildlife. If CDFG determines there is a public safety threat, then CDFG will take appropriate action.” 10) Biological Resources Project Commitment #10 (New Homeowner Educational Materials Dispersed by HOA): The Homeowners Association will provide Educational Materials to new home owners, to include: a) Do not dump lawn clippings or any waste in open space areas. A 35-foot firebreak setback must be maintained between the rear fence line and buffer plantings. b) Recommended plantings list for native trees and shrubs should include but are not limited to: Black oak, Bay laurel, Coffeeberry. c) Invasive Weed Avoidance website/reference for Kunkle reservoir. d) Homeowner/resident education materials or interpretive sign that inform residents about wildlife and the importance of maintaining ecological connectivity. e) Homeowner/resident education encouraging residents to stay on designated trails, keep dogs on leashes, and discourage the harassment of wildlife. f) Fencing requirements and/or restrictions. If property damage occurs, residents will be encouraged to use wildlife-proof fencing around gardens and other potential wildlife attractants. 11) Cultural Resources Project Commitment #11 (Record Note on Final Map re: Site #1507): Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet and all building and site development plans that states: “Disturbance of the easement on historic water feature (CA-BUT-1507-H) is not permitted, except where separate archeological survey is undertaken and recommended actions completed, to the satisfaction of the Director of Development Services.” 12) Cultural Resources Project Commitment #12 (Record Note on Final Map re: Site PS#1): Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet and all building and site development plans that states: “Prior to any development or site disturbing activities, the site boundary for PS #1 as identified in the Archaeological Survey by Sean Jensen dated May, 2009 will be accurately located through on-site inspection, and designated as an impact avoidance zone on County development map, except where separate archeological survey is undertaken and Mitigation Measures completed, to the satisfaction of the Director of Development Services.” 13) Cultural Resources Project Commitment #13 (Standard for Cultural Finds): Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet and all building and site development plans that states: “Should grading activities reveal the presence of 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 150 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resources and implement appropriate mitigation procedures. Should human skeletal remains be _____________________________________________________________________________________________ Paradise Summit TSM08-0006 Conditions of Approval Planning Commission TSM08-0006 Approval: 04/26/2012 Board of Supervisors PUD08-0001 Approval: 05/22/2012 6 of 13 encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such 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.” 14) Geologic Processes Project Commitment #14 (Geologic Processes): Prior to any grading on the site, a Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a 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. If a Construction Storm Water Permit is required, place a note on an additional map sheet that states: “The development of this Final Map require 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).” 15) Hydrology and Water Quality Project Commitment #15 (Permanent Solution to Drainage): Prior to recordation of the final map, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained onsite and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. If storm drainage facilities serve new public roads, the developer must complete the formation of a county service area (CSA), zone of benefit within a permanent road division (PRD), or other Department of Public Works approved entity prior to recordation of the final map. The formation process will require the developer to fund the service until the beginning of the first fiscal year in which service charges can be collected and agree to an annual maximum service charge to ensure continued operation of the facilities. 16) Noise Project Commitment #16 (Construction Noise): Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: “To reduce construction-generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: a) Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; b) Use best available noise suppression devices and properly maintain and muffle diesel engine-driven construction equipment; c) Construction equipment shall not be idled for long periods of time; d) Locate stationary equipment as far as possible from sensitive receptors; e) 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 _____________________________________________________________________________________________ Paradise Summit TSM08-0006 Conditions of Approval Planning Commission TSM08-0006 Approval: 04/26/2012 Board of Supervisors PUD08-0001 Approval: 05/22/2012 7 of 13 complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction.” 17) Public/Fire Services Project Commitment #17 (Wildfire Disclosure): Prior to the recordation of the final map, Covenants, Conditions and Restrictions (CC&Rs) of the project shall be prepared to disclose to future homeowners that their homes are located within a Very High Fire Hazard Severity Zone. The Home Owners Association (HOA) will provide educational materials to all new homeowners describing how to reduce wildfire risks what actions to take should a wildfire occur in the vicinity, and disclose to residents that no residential wood burning appliances, (including but not limited to fireplaces, woodstoves and fire pits) shall be installed or utilized within the development. 18) Transportation Project Commitment #18 (Lago Vista Sight Distance): Prior to, or in conjunction with the recordation of the first Final Map, the project proponent shall increase sight distance to the east side of Pentz Road, north and south of Lago Vista Way, for traffic on the Lago Vista approach to approximately 600’ to the north and 550’ to the south. These sight distance improvements will consist of trimming and/or removal of existing vegetation to the maximum amount achievable within the public right-of-way and/or grading along Pentz Road in the public right-of-way, as necessary. 19) New development shall meet the guidelines of the California Energy Star New Homes Program, or equivalent, and demonstrate detailed energy conservation measures consistent with General Plan Policy COS-P4.3. 20) Construction barrier fencing shall be installed around sensitive resources on or adjacent to construction sites. Fencing shall be installed prior to construction activities and maintained throughout the construction period consistent with General Plan Policy COS-P7.7. 21) Where sensitive on-site biological resources have been identified, construction employees operating equipment or engaged in any development-associated activities involving vegetation removal or ground disturbing activities in sensitive resource areas shall be trained by a qualified biologist and/or botanist who will provide information on the on-site biological resources (sensitive natural communities, special status plant and wildlife habitats, nests of special-status birds, etc.), avoidance of invasive plant introduction and spread, and the penalties for not complying with the biological mitigation requirements and other State and Federal regulations consistent with General Plan Policy COS-P7.8. 22) A biologist shall be retained to conduct construction monitoring in and adjacent to all habitats for protected species when construction is taking place near such habitat areas consistent with General Plan Policy COS-P7.9. 23) Developers shall give homebuyers the option of having renewable heat and power incorporated into new homes consistent with General Plan Policy COS-P3.5. _____________________________________________________________________________________________ Paradise Summit TSM08-0006 Conditions of Approval Planning Commission TSM08-0006 Approval: 04/26/2012 Board of Supervisors PUD08-0001 Approval: 05/22/2012 8 of 13 24) If redesign/substantial modification of the PUD trail system is proposed, the Paradise Recreation and Park District will be consulted regarding recreational facilities appropriate to the site, and the modification will be processed consistent with Butte County Code 24-210 PUD (Planned Unit Development), or as amended. 25) Minimum architectural standards will be established in the form of CC&R’s to achieve quality construction standards similar or better than those of the Madre de Oro subdivision, subject to review by the Paradise Summit Home Owners Association’s Architectural Review Committee. 26) Existing road and PUE easements must be abandoned, quit claimed, or relocated prior to recordation of the final map. This provision does not apply to easements establishing or facilitating uses consistent with the adopted Planned Unit Development Ordinance for the project or PG&E easements. 27) Tentative approval of TSM08-0006 is conditioned upon approval of the Paradise Summit Planned Unit Development Ordinance (PUD08-0001) and Water Supply Assessment by the Board of Supervisors and is not operative or entitled until the PUD08-0001 is approved by the Board of Supervisors. Development of the subdivision map shall be consistent with the requirements of the Final EIR; Mitigation Monitoring and Reporting Plan; Air Quality BAMMs #5, 10, 25, 27 and 14; and the Planned Unit Development Ordinance as adopted by the Board of Supervisors. Public Works 28) Construction equipment shall use Lindenbaum Lane for staging, ingress and egress, to the extent practical. 29) All access rights shall be reserved by deed per county ordinance, offered for dedication, and depicted on the final map. Place the following note on the final map: “approved road name is a non-exclusive easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered for dedication to the County of Butte. 30) Prior to the recordation of the final map, provide approved access conforming to county code to each parcel from a publicly maintained road. 31) Prior to recordation of the final map, provide street name signs per requirements of the Department of Public Works. Street names shall be reviewed by the county address coordinator and one name for each new street shall be recommended to the Board of Supervisors for approval prior to recordation of the final map. A minimum of five alternate names for each new street shall be submitted. 32) Prior to final road inspection, install all necessary traffic safety signs including stop signs. _____________________________________________________________________________________________ Paradise Summit TSM08-0006 Conditions of Approval Planning Commission TSM08-0006 Approval: 04/26/2012 Board of Supervisors PUD08-0001 Approval: 05/22/2012 9 of 13 33) Prior to the recordation of Phase 1 of the final map, obtain an encroachment permit and construct a standard S-18A road approach in accordance with county improvement standards. Adequate sight distance at the intersection of Lindenbaum Lane and Pentz Road shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. 34) Prior to the recordation of Phase 1 of the final map, obtain an encroachment permit and improve sight distance at the intersection of Lago Vista Way and Pentz Road to provide a minimum of 550 feet of stopping sight distance in each direction. 35) Prior to the recordation of Phase 1 of the final map, construct or provide a performance bond and labor and material bond for the construction of a left turn pocket on Pentz Road at the intersection of Lindenbaum Lane. Submit design to the Land Development Division for approval prior to construction. 36) Provide cul-de-sacs designed and constructed as specified in the county improvement standards. The final map shall show the cul-de-sacs. 37) Prior to the recordation of Phase 1 of the final map, construct or provide a performance bond and labor and material bond for the construction of a full street section on Lindenbaum Lane to a PS-6 Paradise urban standard with curb, gutter, no sidewalk, 3″ AC, 12″ AB, prime coat, fog seal and 95% relative compaction. Construct a full street section on Street “A” within the Phase 1 boundary to a PS-5 Paradise urban standard with curb, gutter, sidewalk, 3″ AC, 12″ AB, prime coat, fog seal and 95 % relative compaction. Construct a full street section on all other interior roads within the Phase 1 boundary to a PS-4 Paradise urban standard with curb, gutter, 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. Form a zone of benefit or other approved maintenance entity within the county’s permanent road division for operation and maintenance of Lindenbaum Lane and interior streets and storm drain facilities for the entire project, phases 1 through 7. 38) Prior to the recordation of Phase 1 of the final map, construct or provide a performance bond and labor and material bond for the construction of a full street section on Street “D” from the intersection of Street “C” to the property boundary of Lago Vista Way to a PS-4 Paradise urban standard with curb, gutter, sidewalk, 3″ AC, 12″ AB, prime coat, fog seal and 95 % relative compaction. Install a gate approved by Cal Fire and the Public Works Department west of the intersection of Street “C” and east of the property boundary of Lago Vista Way. Install a cul-de-sac designed and constructed as specified in the county improvement standards prior to and east of the gate. The road right-of-way up to the end of cul-de-sac is to be county maintained. The road right-of-way west of the cul-de-sac and east of the property boundary of Lago Vista Way, including the gate, is to be privately maintained and offered for dedication to the county. 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. _____________________________________________________________________________________________ Paradise Summit TSM08-0006 Conditions of Approval Planning Commission TSM08-0006 Approval: 04/26/2012 Board of Supervisors PUD08-0001 Approval: 05/22/2012 10 of 13 39) Prior to the recordation of phases 2, 3 and 4 of the final map, construct or provide a performance bond and labor and material bond for the construction of a full street section on Street “A” within the respective phased boundary to a PS-5 Paradise urban standard with curb, gutter, sidewalk, 3″ AC, 12″ AB, prime coat, fog seal and 95 % relative compaction. Construct a full street section on all other interior roads within the respective phased boundary to a PS-4 Paradise urban standard with curb, gutter, 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. 40) Prior to the recordation of phases 5, 6 and 7 of the final map, construct or provide a performance bond and labor and material bond for the construction of a full street section on interior roads within the respective phased boundary to a PS-4 Paradise urban standard with curb, gutter, 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. 41) Street lighting shall be provided in accordance with Butte County requirements, accepted design criteria, and recommendations of Pacific Gas & Electric Company. Where the County has determined that it is not detrimental to health and safety, the developer may choose to only install electrical outlets for streetlights. If streetlights are to be installed, the annual energy costs shall be funded through a county service area (CSA), zone of benefit within a permanent road division (PRD), or other entity as approved by the public works director for the entire project, phases 1 through 7. The developer must complete the formation of the CSA, zone of benefit within a PRD, or other approved entity prior to recordation of the first final map. The formation process will require the developer to fund the service until the beginning of the first fiscal year in which service charges can be collected and to agree to an annual maximum service charge to ensure continued operation of the facilities. 42) Prior to recordation of each phase the final map, provide circulation in conformance with County Code Section 20-133. Drainage 43) Prior to recordation of final map, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained onsite and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 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 for the entire project, phases 1 through 7, prior to recordation of the first final map. The formation process will require the developer to fund the service until the beginning of the first fiscal _____________________________________________________________________________________________ Paradise Summit TSM08-0006 Conditions of Approval Planning Commission TSM08-0006 Approval: 04/26/2012 Board of Supervisors PUD08-0001 Approval: 05/22/2012 11 of 13 year in which service charges can be collected and agree to an annual maximum service charge to ensure continued operation of the facilities. 44) Detention facilities shall be at least 100 feet from the southern property line. 45) 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. 46) Prior to grading, a construction storm water permit will be required by the State Water Resources Control Board if the project results in a 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. If a construction storm water permit is required, place a note on an additional map sheet that states: “The development of this final map required a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. Development of individual lots may require an additional permit(s).” Final Map 47) Show all easements of record on the final map. 48) Prior to or concurrently with the recordation of the final map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. 49) Pay the recording fees in effect at the time the final map and related documents are recorded. 50) Prior to or concurrently with the recordation of the final map, annex subdivision to countywide community facilities district or equivalent. 51) Prior to recordation of the first final map, a soils report for the entire project, phases 1 through 7, prepared by a registered design professional and based upon adequate testing shall be submitted to the Department of Public Works Land Development Division and Department of Development Services Building Division for review and approval. CalFire/Butte County 52) 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.” 53) Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required _____________________________________________________________________________________________ Paradise Summit TSM08-0006 Conditions of Approval Planning Commission TSM08-0006 Approval: 04/26/2012 Board of Supervisors PUD08-0001 Approval: 05/22/2012 12 of 13 hydrant spacing is 500 feet, hydrant size 6 inches, and residual fire flow of 1,000 gpm (gallons per minute). Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to final map recordation. Submit pans to the Fire Department for review and approval prior to construction. 54) Place a note on a separate document, which is to be recorded concurrently with the 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. 55) Prior to recordation of the First Final Map, a fire services funding plan shall be submitted to and approved by Butte County Fire Department/CAL FIRE. The fire services funding plan shall specify the project contribution to maintaining County-wide compliance with the Deployment Performance Standards. This is based on the Butte County Fire Department Deployment Performance Standards as presented to the Board of Supervisors on August 19, 2008 and as amended and General Plan 2030 Policy PUB-P2.2 stating that the adopted Standards of Cover for fire protection shall be maintained and implemented. Environmental Health Division 56) Prior to recordation of each Final Map, provide community wastewater collection, treatment and dispersal facilities in compliance with California State Regional Water Quality Control Board, the Butte County Code, California Health and Safety Code, federal law, and other applicable codes and regulations governing the design, construction and operation of the facilities. 57) Prior to recordation of each Final Map, either annex into an existing or establish a sanitation district or other legal wastewater management oversight entity acceptable to the Butte County Departments of Public Health and Public Works adequate to ensure the operation, maintenance and repair and replacement of the sewage collection, treatment, and disposal facilities. The annexation to or formation of the management entity may require application to, review, and approval by the Butte Local Agency Formation Commission. At a minimum, the oversight entity shall: a. Ensure financing of operation, repair and maintenance b. Provide qualified individuals and operational procedures for facility operation, repair and maintenance c. Provide adequate resources to comply with all monitoring and other Regional Water Quality Control Board Waste Discharge Requirements. d. Provide adequate resources for facility inspection and reports. e. Provide adequate resources and/or mechanism to ensure adequate funding of a major sewage treatment and disposal facility replacement or reconstruction if necessary. f. Provide a liability risk assessment for review by the County of Butte. _____________________________________________________________________________________________ Paradise Summit TSM08-0006 Conditions of Approval Planning Commission TSM08-0006 Approval: 04/26/2012 Board of Supervisors PUD08-0001 Approval: 05/22/2012 13 of 13 g. Indemnify the County of Butte and community services district or other government entity for all claims and liability that may occur relative to the wastewater treatment and dispersal facilities. 58) Place a note on the final map or on an additional map sheet that states, “Development of Lots 1 though 312 will require connection to the community sewer system.” 59) Place a note on all final maps or on an additional map sheet that states, “Development of lots 1 though 312 will require connection to a public water supply.” 60) Prior to any Final Map Approval: a. Provide a “willing and able to serve” letter from the water supplier. b. Provide a completed and approved Water Supply Assessment. c. The water supplier must have completed the infrastructure improvements needed to serve the project and have obtained, from the California Department of Public Health, an amendment to its drinking water permit allowing operation of said improvements. 61) Prior to each Final Map Approval, obtain complete plans approval and all necessary permits for all the internal water conveyance infrastructure improvements in the development. Processing Fees 62) Prior to recordation of the Final Map, pay any outstanding project-related processing fees, and/or Department of Fish and Game fees. 63) Mitigation Monitoring fees as required under the county fee ordinance related to the costs for staff time in implementing the mitigation monitoring plan for compliance with the Project Commitments as proposed in the project description County Counsel 64) If this entire matter or any finding, action or condition of this matter is challenged in any other action or forum, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold harmless the County of Butte from liability or loss related to the approval of this project in the subsequent action or forum and agrees to sign an indemnification agreement in a form approved by County Counsel. 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.