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Butte County Department of Development Services
October 28, 2021 Memorandum – Keeney Subdivision TSM18-0001 Page 1 of 3
Department of Development Services Paula M. Daneluk, AICP, Director
Pete Calarco, Assistant Director
7 County Center Drive T: 530.552.3700
Oroville, California 95965 F: 530.538.7785
MEMORANDUM
TO: Butte County Planning Commission
FROM: Mark Michelena, Senior Planner
DATE: October 28, 2021
SUBJECT:
ATTACHMENT:
Tentative Subdivision Map TSM20-0003 (Shelton Holdings, LLC/Mike
and Julie Jackson) – Modified Conditions of Approval
1. Updated Conditions of Approval
Staff recommends the Planning Commission accept the following modifications to the Staff Report and
Conditions of Approval that were included in the October 28, 2021 Planning Commission packet for
TSM20-0003.
STAFF REPORT
Under Environmental Review/CEQA Issues (Page 14), second bullet, remove the reference to roosting
bats.
Biological Resources (burrowing owl and migratory/nesting birds and roosting bats)
CONDITIONS OF APPROVAL
Planning
A mitigation measure to address roosting bats was inadvertently added to the conditions of approval.
The mitigation measure was not included as part of the CEQA document.
Remove Condition #4 (Mitigation Measure BIO-2)
4. Mitigation Measure BIO-2
If the existing structure within the project is slated for removal and/or demolition, then CDFW
recommends a survey for roosting bats be conducted within 10 days prior to the proposed demolition.
Surveys for day roosting bats should be conducted by a qualified bat biologist. The survey should
include a minimum of one daytime survey to evaluate potential roost sites within the structures and one
emergence survey to determine the absence or presence of bats. The bat maternity season is roughly
buttecounty.net/dds
Butte County Department of Development Services
October 28, 2021 Memorandum – Keeney Subdivision TSM18-0001 Page 2 of 3
defined as April 1 through August 31. Exclusion of day roosting bats should not be performed during
the bat maternity season. If day and/or maternity roosts are observed CDFW is available to provide
comments and feedback on roosting bat avoidance and minimization strategies. CDFW may
recommend minimization measures such as the creation of alternative roost sites if the loss of maternity
and/or day roosting habitat is unavoidable.
Plan Requirements: Survey shall be conducted 10 days prior to removal and/or demolition. This
measure shall be recorded on an additional map sheet to the Parcel Map.
Timing: Requirements of the condition shall be adhered to removal and/or demolition.
Monitoring: The Butte County Department of Development Services shall ensure the condition is met at
the time of construction activities.
Public Works
10. Prior to recordation of the final 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 final
map stating: “In accordance with Civil Code Section 845, maintenance of the road shown hereon shall
be shared by those properties with a legal interest in it.” Prior to recordation of final map, the developer
must establish a Home Owner Association (HOA), a County Service Area (CSA) zone of benefit, a
Permanent Road Division (PRD) zone of benefit, or other entity approved by Public Works Director
for maintenance of roads.
11. Prior to recordation of the final map, deed to Butte County in fee simple 30 feet of right-of-way (ROW)
from the physical centerline of Garner Lane along the entire property lot 8 frontage. Additional ROW
dedication may be required to accommodate street improvements at the intersection of future
Kittyhawk Dr. and Garner Ln. Prior to recordation of the final map, deed to Butte County in fee simple
40 feet of right-of-way (ROW) from the centerline of Garner Lane along the entire lot 1 frontage.
21. Prior to the recordation of the Final 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/or conveyed to the nearest
natural or publicly maintained drainage channel or 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. The North
Chico Specific Plan (NCSP) CEQA document requires attenuation of 100-year peak flow discharge to
mitigate increased runoff from development. 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 evaluation 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 trenches are control mechanism(s) to
prevent discharge during high flow events in receiving channel. If leach trenches are designed to retain
stormwater runoff from a 100-year storm event, the soil saturated hydraulic conductivity (Ksat) shall
be used as the soil percolation rate. No percolation shall be considered when the retention basins are
designed for 100-year storm events. Illustrate how and where emergency runoff is conveyed through
the site and where it would discharge should on-site facilities be unable to convey stormwater runoff.
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.
Butte County Department of Development Services
October 28, 2021 Memorandum – Keeney Subdivision TSM18-0001 Page 3 of 3
23. Prior to recordation of final map, the developer must complete the formation of a county service area
(CSA) zone of benefit, a Home Owner Association (HOA), a permanent road division (PRD) zone of
benefit, or other Department of Public Works approved entity for the maintenance and operation of
drainage facilities. 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 with annual inflation increase to ensure continued operation of the facilities.
Public drainage facilities can not be under a HOA.