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HomeMy WebLinkAboutTSM18-0001_Approved_Conditions_12-9-21Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 1 of 14  Tentative Subdivision Map for Morris Keeney on APN 040-700-001, File # TSM18-0001 (Creek Side Estates): An application for a Tentative Subdivision Map to divide 49.4 acres into 47 parcels (ranging in size from 1-acre to 2 acres). The parcels will have access by a proposed cul-de-sac off Durham-Dayton Highway, with 7 side cul-de-sacs off the main access. Domestic water provided by Durham Irrigation District. Wastewater will be provided by onsite individual waste water systems (septic tank and leachfield). I.CONDITIONS OF APPROVAL: Planning Division 1.Mitigation Measure AIR-1Consistent with the guidance from the BCAQMD, the project applicant shall implement the following measures during construction of the project. •Maintain all construction equipment in proper tune according to manufacturer’sspecifications. •To the extent feasible, maximize the use of diesel construction equipment meeting the ARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines. •Water shall be applied by means of truck(s), hoses and/or sprinklers as needed priorto any land clearing or earth movement to minimize dust emission. •Haul vehicles transporting soil into or out the property shall be covered. •A water truck shall be on site at all times. Water shall be applied to disturbed areas aminimum of 2 times per day or more as necessary. •On-site vehicles limited to a speed which minimizes dust emissions on unpaved roads. •Post a publicly visible sign with the telephone number and person to contactregarding dust complaints. This person shall respond and take corrective action within24 hours. The telephone number of the BCAQMD shall also be visible to ensurecompliance with District Rule 200 & 205. •Vehicles entering or exiting construction areas shall travel at a speed whichminimizes dust emissions. •Construction workers shall park in designated parking areas. •Soil pile surfaces shall be moistened if dust is being emitted from the pile(s). •Limit dust producing construction activities during wind events exceeding 15 mph. Plan Requirements: The Butte County Department of Development Services and Department of Public Works shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The contractor(s) shall be responsible for implementing the above mitigation conditions. Timing: Measures above, shall be enforced through all construction activities. December 9, 2021  Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 2 of 14  Monitoring: The Planning Division of Butte County Department of Development Services and the Public Works Department inspection staff shall monitor this condition for compliance. Violations of District Rules shall be reported to BCAQMD immediately. 2. Mitigation Measure BIO-1 If the project will include vegetation removal (including grasses) or earthwork of any kind during the nesting season (February 1 through August 31), CDFW recommends a pre- construction nesting bird survey be conducted by a qualified biologist to identify the absence or presence of active (i.e. with eggs or young) nests. The survey area should include the project site and a minimum 300-foot buffer around the project site. To minimize the chance of nests becoming established between the time the survey is conducted and when construction begins, CDFW recommends the preconstruction survey be conducted no more than three (3) days before the start of vegetation removal and/or ground disturbing activities. Please also note that Fish and Game Code section 3503 protects the nests and eggs of all birds, not just migratory birds and birds of prey. If active nests are observed during the pre-construction survey a species-appropriate no-disturbance buffer should be established to protect the active nest. Nesting birds’ tolerance of disturbance varies greatly depending on species, intensity of disturbance, whether the nesting pair is accustomed to disturbance, the location of the nest, the stage of development of nestlings, etc. Disturbance too close to the nest may impact the parents’ ability to forage effectively and reduce nestlings’ chances of survival. In some cases, disturbance can cause the parents to abandon the nest completely. For these reasons the size of the no-disturbance buffer should be determined by the qualified biologist. CDFW is available to provide comments and feedback on nesting bird avoidance strategies if desired. However, it should be noted that CDFW cannot guarantee that any specific buffer width will be sufficient to completely avoid take in any given situation, and therefore CDFW cannot approve or disapprove specific buffer proposals. 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. 3. Mitigation Measure BIO-2 Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Any ground disturbance or vegetation removal within the project area should be conducted during the non-breeding season (September 16 through February 28). If construction activities occur during the breeding season (March 1-September 15) then a pre-construction raptor survey will be conducted by a qualified biologist to identify any active Swainson’s hawk nests within and in the vicinity of the BSA. The pre-construction survey will take place in accessible areas within a 0.5-mile radius of the area where construction activities would occur. The required survey radius may be reduced on a case-by-case basis if  Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 3 of 14  approved by CDFW, but in no case will be less than 500 feet. At least one survey will be conducted no more than one week prior to the initiation of construction. If no active nests are located, no further measures are necessary to avoid impacts to Swainson’s hawk nests. If active nests are identified, the following measures will be implemented: 1. A no-disturbance buffer zone will be established around the nest. The width of the buffer will be determined by a qualified biologist in coordination with CDFW. Determination of the required width will consider the distance of the nest from construction activities, existing level of disturbance, etc. 2. A qualified biologist will monitor active nests within 500 feet (or the width of the buffer zone) of construction activities. The first monitoring event will coincide with the initial implementation of construction activities and monitoring will continue at least once a week until the young have fledged. If the biologist determines that construction is disturbing the birds and nest failure is possible, CDFW will be notified immediately. Measures to avoid nest failure will be implemented in coordination with CDFW and may include halting some or all construction activities until the young have fledged. For monitored nest sites, a monitoring report will be submitted to CDFW within two weeks after termination of monitoring activities. Plan Requirements The above referenced mitigation shall be placed on a separate document which is to be recorded concurrently with the final map or an additional map sheet. Timing: Requirements of the condition shall be adhered to prior to construction activities. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 4. Mitigation Measure CUL-1 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 includes the following: The project engineer shall create a map of based on the Jensen and Associates 1991 Cultural Resources Report that indicates the area of the prehistoric site of potential historical significance with a 100-foot buffer and labeled “Environmentally Sensitive Area.” No ground- disturbing work shall be allowed within this area. The note shall include the following language: “A qualified archaeological monitor shall be hired and be present to inspect all ground-breaking activities including tree removal. Should grading activities reveal the presence or 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. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that the remains are in an archaeological context, the Native American Heritage  Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 4 of 14  Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of any remains.” The provisions of this note 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 development activities involving ground disturbance. Monitoring: 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 applicant shall incorporate the following measures into project design and construction: • Support expansion of renewable energy systems. Prewire all new residential development to support photovoltaic system installation; • Support efficiency in vehicles and landscaping equipment. Install electrical vehicle outlets on external walls or in garages in all new residential development; • Install electrical vehicle outlets on external walls or in garages in all new residential development. Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minute. Use clean or alternative fuel equipment; • Construction of the proposed project shall utilize recycled-content construction materials to the extent feasible; • Project design shall comply with the Green Building Standards adopted by the California Standards Commission at the time of building permit application, including requirements about low- or no-toxicity building materials; • The project shall meet all appropriate green planning standards; and • The project design shall maximize energy efficiency and meet the guidelines of the California Energy Star New Homes Program and demonstrate detailed energy conservation measures. Plan Requirements: The Building Division of Butte County Department of Development Services and Department of Public Works shall ensure that a note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: Pre-construction, Construction. Monitoring: The Building Division of the Butte County Department of Development Services and Department of Public Works shall ensure that the above mitigation conditions are met  Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 5 of 14  before a building permit is approved and shall verify compliance through their inspection processes. 6. Mitigation Measure HYD-1 Adherence to Butte County standards for development within a flood zone. The project will be built in accordance with Butte County standards and requirements for construction within a flood zone. Building will occur at 3 feet above the base flood elevation. Increases in any runoff from the site will be addressed within the project design. Plan Requirements: The Building Division of Butte County Department of Development Services and Department of Public Works shall ensure that a note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet Timing: Pre-construction. Monitoring: The Building Division of the Butte County Department of Development Services and Department of Public Works shall ensure that the above mitigation conditions are met before a building permit is approved and shall verify compliance through their inspection processes. 7. Mitigation Measure HYD-2 Construction requiring excavation of material and temporary on-site storage of excavated material shall be limited to the dry season, or between April 15 and October 15 of the construction year. Plan Requirements: The Building Division of Butte County Department of Development Services and Department of Public Works shall ensure that a note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: Construction Monitoring: The Building Division of the Butte County Department of Development Services and Department of Public Works shall ensure that the above mitigation conditions shall verify compliance through their inspection processes. 8. Mitigation Measure HYD-3 All excess material excavated during construction shall be transported off site and outside of the currently designated flood zone. Stockpiling of soil shall not occur on site outside of the designated construction window of April 15 through October 15. Plan Requirements: The Building Division of Butte County Department of Development Services and Department of Public Works shall ensure that a note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: Construction Monitoring: The Building Division of the Butte County Department of Development Services and Department of Public Works shall ensure that the above mitigation conditions shall verify compliance through their inspection processes. 9. Mitigation Measure NOI-1 Butte County Code §41A-9(F) allows the following regarding construction noise: Noise sources associated with construction, repair, remodeling, demolition, paving or grading of  Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 6 of 14  any real property or public works project located within one thousand (1,000) feet of residential uses, provided said activities do not take place between the following hours: • Sunset to sunrise on weekdays and non-holidays; • Friday commencing at 6:00 p.m. through and including 8:00 a.m. on Saturday, as well as not before 8:00 a.m. on holidays; • Saturday commencing at 6:00 p.m. through and including 10:00 a.m. on Sunday; and, • Sunday after the hour of 6:00 p.m. Construction activities shall be limited to the times excluding those listed above with no construction activity on Sundays or holidays. The primary contractor shall be responsible for ensuring that all construction equipment is properly tuned and maintained. When feasible, existing power sources, such as power poles, or clean fuel generators should be used, rather than temporary power generators. Minimize idling time to 10 minutes. 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: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the construction foreman shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. The Code of Enforcement Division of the Department of Development Services shall investigate all complaints of excess construction-related noise. 10. Mitigation Measure UTIL-1 Prior to recording of the Final Map, the project proponent shall, on terms and conditions acceptable to the Butte County Department of Development Services and Butte County Director of Public Works, ensure formation of a Community Service District or County Service Area pursuant to the requirements of Butte Local Agency Formation Commission and the Durham Dayton Nelson Plan Urban Reserve Policy to own, maintain, operate, and inspect the following subdivision improvements and amenities: • Pedestrian/bike paths; and • Street lighting • Landscaping • Drainage System • Fire Protection System The Board of Supervisors will be and will remain the Board of Directors of the CSD until such time as 50% of the completed residences have been sold to future residents. Plan Requirements: Formation of a Community Services District. Timing: Prior to recording of Final Map Project Name: Creekside Estates Subdivision. Monitoring: Butte County Department of Development Services and Public Works Department. 11. Place a note on the Final Map or additional map sheet stating: “A residential dwelling setback shall be 100 feet from adjacent active orchard along the south easterly property line of proposed  Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 7 of 14  Lots 23 through 28. If the existing agricultural use (orchard) has been removed permanently, the residential dwelling setback shall be consistent with that required by the Zoning Ordinance.” 12. Place a note on the Final Map or additional map sheet stating: “A residential dwelling setback shall be 300 feet on proposed Lots 22 and 23 from the adjacent agriculturally designated (zoned) parcel to the west and south.” 13. Prior to recordation of the Final Map, the applicant/developer shall complete soil sampling per the Department of Toxic Substances Control Interim Guidance for Sampling Agricultural Properties (Third Version), August 7, 2008. The recommended number of sampling locations shall be consistent with Table 1 of the Interim Guidance and results of the sampling effort shall be reported as described in the DTSC PEA Guidance Manual. 14. Prior to recordation of the Final Map, the applicant/developer shall complete a Phase II Environmental Assessment should be performed on the site to determine the presence of any toxic/hazardous chemicals in the soil and any remediation measures necessary to make the site safe for residential development. 15. Prior to or concurrently with the recordation of the Final Map, record a Declaration Acknowledging Right To Farm (Agricultural Statement of Acknowledgement). 16. 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: “A Declaration Acknowledging Right to Farm (Agricultural Statement of Acknowledgement) has been recorded on the parcels.” Public Works 17. Mitigation Measure TT-1 Areas within the line of sight along Durham- Dayton Highway, which extends 25 feet south of the edge of the pavement, must be kept clear of vegetation, signage, and other obstacles to maintain the adequate sight distance. 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: Construction, Post-construction. Monitoring: The Butte County Department of Development Services and Department of Public Works. 18. Mitigation Measure TT-2 Provide signage indicating “turning vehicles” near access points and tractor symbol signage. Plan Requirements: The Building Division of Butte County Department of Development Services and Department of Public Works shall ensure that a note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: Pre-Construction, Construction Monitoring: The Building Division of the Butte County Department of Development Services and Department of Public Works shall ensure that the above mitigation conditions shall verify compliance through their inspection processes.  Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 8 of 14  Streets 19. 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.” 20. Prior to recordation of the final map, deed to Butte County in fee simple 40 feet of right-of- way from the physical centerline of Durham-Dayton Highway along the entire property frontage. The right-of-way shall be sufficient for the installation of county improvement standard S-5 at street intersections. 21. Prior to recordation of the final map, relinquish abutter’s rights of access to Butte County along the Durham-Dayton Highway frontage of parcels 1, 2, 3, 43, 44 and 46. 22. 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. 23. Prior to final road inspection, install all necessary traffic safety signs including stop signs. 24. Prior to recordation of the final 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. 25. Provide cul-de-sac or building free turn around area designed and constructed as specified in the county improvement standards. The final map shall show the cul-de-sac or building free turn around area. 26. Prior to recordation of the final map, construct or provide a performance, labor and material bond for construction of street frontage improvements on Durham-Dayton HWY. Construct a ½+ 12’ street section along the entire parcel frontage in conformance with county improvement standard RS-3A, 5″ type A Hot Mix Asphalt, 14″ Class 2 aggregate base, prime coat, fog seal and 95 % relative compaction. Construction of vertical curb, gutter, and sidewalk is required. Construction of a right-turn pocket and a taper, per Caltrans Standards, at the project access point is required. Submit for approval a roadway design and improvement plans to Department of Public Works prior to construction. 27. Prior to recordation of phase 1 final map, construct or provide a performance, labor and material bond for construction of a left-turn lane on Durham-Dayton HWY at the project access point for egress and ingress traffic into and out of the project site. Street cross section shall comply with RS-3A, 5″ type A Hot Mix Asphalt, 14″ Class 2 aggregate base, prime coat, fog seal and 95 % relative compaction. The left-turn lane geometry shall comply with Caltrans Highway Design Manual. Submit for approval roadway design and improvement plans to Department of Public Works prior to construction. 28. Prior to recordation of the final map, construct or provide a performance, labor and material bond for construction of all interior streets in conformance with county improvement standard RS-3B, 3″ type A Hot Mix Asphalt,12″ Class 2 aggregate base, prime coat, fog seal and 95 % relative compaction. Construction of sidewalks is not required except along both sides of Street  Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 9 of 14  A. Construction of curb and gutter is required. Construction of curb and gutter is required on all other interior streets (B through E). Additionally, a 10-foot wide middle lane shall be constructed on Street A. The middle lane shall be properly marked to maintain its access for Fire Department use. Street A shall have adequate ROW to accommodate the middle lane in addition to street cross section features shown on RS-3B. Interior streets shall be constructed to the same or to a higher elevation as Durham-Dayton Hwy. Submit for approval a roadway design and improvement plans to the Department of Public Works prior to construction. Prior to recordation of the final map, form a zone of benefit within the county’s permanent road division (PRD) for operation and maintenance of interior streets and street storm drain facilities. 29. Prior to recordation of the final map, construct or provide a performance, labor and material bond for construction of a Class 1 bikeway/sidewalk on the south side of Durham-Dayton HWY within the existing ROW from the property line to the existing sidewalk in front of Dollar General store near the intersection of Durham-Dayton and Midway. A few trees may have to be remove to accommodate the bikeway. The bikeway/sidewalk shall be constructed with asphalt, concrete, or other surface material approved by the Department of Public Works. Submit bikeway/sidewalk plans to the Department of Public Works for approval prior to construction. 30. 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 street paving operations. Testing of 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. 31. Street lighting shall be provided in accordance with Butte County requirements, accepted design criteria, and recommendations of Pacific Gas & Electric Company. 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. The developer must complete the formation of the CSA, zone of benefit within a PRD, or other 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 to agree to an annual maximum service charge to ensure continued operation of the facilities. 32. Prior to the recordation of the final map, the applicant/developer shall record a 60-foot easement from the end of Street A to the southern property line of the project. The easement shall be shown on the recorded final map for Phase 3. Drainage 33. 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 the pre-development condition for all storm events, and no increase in stormwater volume over the design storm  Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 10 of 14  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. If infiltration trenches or swales are used to retain stromwater runoff from storm events larger than 10-years, the infiltration rate (minutes per inch) shall be obtained using the Environmental Health Department test procedure with a correction factor of not less than 3 (three). Adequate drainage paths shall be considered in the drainage design to guide floodwaters around and away from proposed structures. 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. 34. Prior to the recordation of the final map, in compliance with County Code 26-23, establish 100 year floodplain elevations and submit to the Department of Public Works for approval supporting calculations or hydraulic analysis to show that the proposed development does not adversely affect neighboring properties . Show on the additional map sheet the final grade elevations (by contours), the 100 year water surface elevations, the minimum finished floor elevations, and the location of an accepted NVGD (National Vertical Geodetic Datum) benchmark and a temporary benchmark on-site. Development within floodplain shall be in compliance with County Code 26-24 and applicable FEMA requirements. 35. 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. 36. 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. 37. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet stating: "After adoption of the Central Valley Flood Protection Plan by the Central Valley Flood Protection Board pursuant to Section 9612 of the Water Code and after the amendments of the Butte County General Plan and Zoning Ordinance required by Sections 65302.9 and 65860.1 of the Government Code have become effective, Butte County will be prohibited from approving any discretionary permit or entitlement or any ministerial permit that would result in the construction of a new residence on any lot or parcel depicted on this map unless the county makes one of the findings required by Section 65962 of the Government Code regarding flood protection. Such findings must be based on substantial evidence. It shall be the responsibility of the owner of the lot or parcel, or the agent of the owner, to provide any and all information requested by the County in order for the County to be able to make the required findings." Compliance with County Stormwater Ordinance 38. Coverage under the stormwater Construction General Permit (CGP) 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 or disturbs less than one acre  Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 11 of 14  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 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.” Final Map 39. Show all easements of record on the final map. 40. Prior to 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. 41. Pay the recording fees in effect at the time the final map and related documents are recorded. 42. Prior to recordation of the final map, a preliminary soils report 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. Butte County Fire/California Department of Forestry 43. 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. 44. 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 hydrant spacing is 800 feet (reduce by 100 feet on dead-end streets and roads), hydrant size 6 inches, and residual fire flow of 750 GPM. 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 plans to the Fire Department for review and approval prior to construction. If connecting to a water purveyor, local water agency requirements may be more restrictive. 45. Use of a private water system for fire protection purposes will require one of the following acceptable entities to maintain the system: • Formation of a Mutual Water Company; • Formation of a new County Service Area; • Annexation into an existing County Service Area with the same level of service; or • Establishment of another entity as approved by the Butte County Fire Department.  Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 12 of 14  46. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and vertical clearance of 15 feet that will for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of any point on all structures. 47. 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. 48. Pressurized community water system must be installed and operational prior to combustible building material arriving on site. Environmental Health Division 49. Prior to the recordation of each phase, the Applicant shall submit a pre-application form. 50. Prior to the recordation of each phase, the Applicant shall submit a will-serve letter from Durham Irrigation District for potable water. 51. Prior to the recordation of each phase, a site evaluation for each individual lot must be completed and Minimal Useable Wastewater Area (MUWA) with system type designated for each parcel. 52. Place a note on a separate document, which is to be recorded concurrently with the Final Map, or on an additional map sheet stating: “All parcels shall connect to Durham Irrigation District for domestic water.” Durham Irrigation District 53. The applicant/developer shall enter into a Service Agreement with the District to provide water service. 54. The District shall approve, in advance and in writing, the plans and specifications for all water installations from its water main up to, and including, the water connection on each parcel. All plans must be submitted in accordance with the District’s standards for water facilities. The District will sign off on its portion of the improvement plans when and only when the Butte County Public Works Department has informed the District that all the County plan requirements have been met and the County is prepared to sign and release such improvement plans. 55. The water installations shall be constructed at the developer/applicant’s sole cost and expense and completed in a good and workmanlike manner. They shall be subject to inspections and acceptance, in writing, by the District’s engineer. 56. The developer/applicant solely shall be responsible for all on-site and off-site improvements necessary for the provision of water service to the parcels. 57. The water installations shall be warranted to be free of any and all defects in materials and workmanship for a period of three (3) years from and after their acceptance by the District. An adequate maintenance bond or other security satisfactory to the District shall be issued to the District to secure this obligation. Should any repair of on- and off-site defects/deficiencies in the materials or workmanship in the water installations arise during such three-year period, the developer/applicant immediately upon written notice of the defect by the District, shall make  Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 13 of 14  all repairs in a good and workmanlike manner at you’re the developer/applicant’s cost and expense. All repairs will be subject to inspection and acceptance, in writing, by the District’s engineer. Should the developer/applicant not do so, the District may undertake, but shall not be obligated to perform, such repair, in which even the District shall make claim against the developer/applicant’s maintenance bond. 58. The developer/applicant shall reimburse the District for all of its fees and costs incurred in connection with its providing connection of your property to its water service, including, without limitation, the fees and costs of the engineer employed by the District to, among other things, review the plans and specifications of the water installations, to monitor their installation and testing, and to inspect and accept them. 59. The developer/applicant shall grant to the District in format acceptable to the District any and all public utility easements on, over and across the developer/applicant’s property necessary to assure the District’s use of, and access to, such water installations, including a water pipeline easement extending to the westerly boundary for future water mail “loop” back to the Midway.. Ownership of such easements and water installations will be conveyed to the District upon their acceptance by the District. 60. Since the subject property is currently outside the District’s service area, the developer/applicant shall be responsible for all fees and costs associated with its annexation to the District, including all fees and costs imposed and/or assessed by Butte County Local Agency Formation Commission for such purposes. 61. To the extent any of the foregoing fees and costs of improvement and annexation benefit other properties presently outside the District’s service area but subsequently annexed to it, the developer/applicant may be entitled to reimbursement for a proportion of the above fees and costs determined to be a fraction, the numerator of which is the number of connections to the District’s water service resulting from these subsequently annexed properties benefitting from the improvements and annexations fees incurred and paid by the developer/applicant and the denominator of which is the total number of such connections from all such properties benefitting from the improvements and annexation fees incurred and paid by the developer/applicant, including the developer/applicants. 62. Development on the property shall be subject to the following: a. There shall be a 200-foot septic-free setback from the District’s proposed well on the project site; b. There shall be a 25-foot septic-free and storm drain trench-free setback from the District’s water mains; c. All existing wells on the property will be shown on a map. The existing well shall be abandoned, unless otherwise agreed in writing between the developer/applicant and the District; d. The developer/applicant shall be responsible for extending the District’s water main west along the entire parcel frontage on Durham-Dayton Highway and within the proposed subdivision to serve the proposed lots.  Butte County Department of Development Services   Conditions of Approval – Creekside Estates. Subdivision TSM18-0001  Page 14 of 14  e. The developer/applicant will comply with the requirements of the Butte County Fire Marshall for new fire hydrants and advise the District as to the requirements therefor, including public utilities easement to the District to maintain and repair such. f. Connection fees for water shall be assessed at the then-current rate of the District at such time as they are requested. The developer/applicant and successors, shall pay all water connection fees in advance prior to the water system of the District. Processing Fees 63. Prior to recordation of the Final 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.