Loading...
HomeMy WebLinkAboutTPM19-0003 Approval Letter 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 buttecounty.net/dds December 9, 2021 Daniel Vaught 1078 Ophir Road Oroville, CA 95966 panteranut@gmail.com Re: Zoning Adminstrator Approval – TPM91-0003 (Vaught); APN: 078-080-013 & -015 Dear Applicant: At the Zoning Administrator meeting held on December 8, 2021, your request for a Tentative Parcel Map was approved. Should you desire to appeal any of the decision by the Zoning Administrator, you must do so in writing, prior to 4:00 p.m., Monday, December 20, 2021 to the: Department of Development Services Planning Division 7 County Center Drive Oroville, California, 95965 The appeal fee of $694.00 must be paid at that time. If you do not appeal within the 10 calendar-day appeal period, the action of the Zoning Administrator is final. Once the approval has become final, please contact the Butte County Public Works Department to complete the conditions of approval and record the Parcel Map. Public Works is located at 7 County Center Dr., Oroville, CA 95965, or can be reached by phone at 530.538.7681. Should you have any questions regarding this matter, please contact me at 530.552.3685, or by email at tweems@buttecounty.net between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Tristan Weems, AICP Associate Planner CC: Russ Erickson, Engineer /Enclosure/ ATTACHMENT A: ZONING ADMINISTRATOR DETERMINATION WITH CONDITIONS OF APPROVAL BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN21-0019 TENTATIVE PARCEL MAP TPM19-0003 (Daniel Vaught) The applicant is requesting a Tentative Parcel Map to divide 68.67-acres into three parcels (17.71, 22.18 and 28.31-acres). Proposed parcels 1 & 2 will have frontage/access on Wheeler Avenue. Proposed parcel 3 will have frontage access along Ophir Road. Domestic water for each parcel would be provided by a South Feather Water and Power. Wastewater will be provided by onsite individual waste water systems (septic tank and leachfield). APNs 078-080-013 and -015 December 8, 2021 I. In compliance with Section 15073(a), the Zoning Administrator adopts the Initial Study/Mitigated Negative Declaration (IS/MND). II. Approves Tentative Parcel Map TPM19-0003 for Daniel Vaught, subject to the conditions found in Exhibit “A” and the following findings: A. The proposed map is consistent with the RR-5 and RC zones. Proposed lots for the RR-5 meet minimum parcels sizes and will support single-family residential development, consistent with purpose and allowed uses in the RR-5 zone (BCC §24-18C and §24-19). The Resource Conservation portion of the multi-zone parcel is not being reduced in size or becoming less non-conforming. B. The project is substantially consistent with applicable Goals and Policies of the Butte County General Plan based on the consistency review in the staff report. In addition, there is no substantial evidence in the whole record to support any of the findings in Government Code Section 66474 requiring denial of the tentative parcel map. C. The design and improvements of the proposed parcel map are consistent with County standards and policies provided all conditions of project approval are met. Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the project analysis and proposed project conditions. Design and improvements of the Proposed Parcel Map are consistent with County standards and policies. D. The project site is physically suitable for the use and density of the proposed development. The Proposed Parcel sizes are consistent with the minimum parcel size requirement of the RR-5 (5.0-acre minimum) zone, and the Resource Conservation portion, currently legal non-conforming in regards to parcel size, of the existing parcel is not being reduced in size. E. The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the proposed parcel map provided the attached conditions are met. No easements will be abandoned with the proposed TPM. F. The project site is not located within an earthquake fault zone. The Cleveland Hill fault is the only known active fault within Butte County and it is located approximately 4 miles to the east. G. Approval of this project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with. No adverse or detrimental effects to the environment or public health, safety, and welfare have been identified as resulting from the project, from agency and departmental review, or from staff analysis. H. The roads in the project area have the capacity to handle the increase in vehicular traffic generated by the project. The addition of one residential dwelling would have a negligible effect on local or regional traffic. Approved By: Paula M. Daneluk, AICP Date: December 8, 2021 EXHIBIT A Tentative Parcel Map for Daniel Vaught on APNs 078-080-013, -015, File # TPM19-0003: The applicant is requesting a Tentative Parcel Map to divide 68.67-acres into three parcels (17.71, 22.18 and 28.31-acres). Proposed parcels 1 & 2 will have frontage/access on Wheeler Avenue. Proposed parcel 3 will have frontage access along Ophir Road. Domestic water for each parcel would be provided by a South Feather Water and Power. Wastewater will be provided by onsite individual waste water systems (septic tank and leachfield). I. Conditions of Approval: Planning Division 1. Mitigation Measure BIO-1 A site survey by a qualified biologist for occupied nests shall be conducted prior to any planned development in the study area. The survey shall identify all bird nests protected by the Migratory Bird Treaty Act on the study area. These nests shall be avoided until young have fledged in accordance with the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712; Ch. 128; July 13, 1918; 40 Stat. 755) as amended. If nests are located during these pre-construction surveys, then construction activity shall not commence until young have fledged, as determined by a qualified biologist. If any nest sites are found, fine netting or canvas shall be attached to the nesting substrate to cover the nest area and to prevent nesting attempts during the study construction phase. Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be met if construction activities are proposed to occur during nesting season specified by the CDFW. 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. A survey report of findings shall be provided to Butte County Development Services Department prior to issuance of a grading permit. 2. Mitigation Measure BIO-2 Prior to initiation of any future ground disturbing/construction activities during the nesting season, the area within 0.5 mile of the proposed disturbed area must be surveyed for active Swainson's hawk nests. The nesting season is defined as that period which begins at the start of the critical breeding period and ends when a qualified biologist determines that the young birds are fully fledged and able to successfully leave the nest. For Swainson's hawk this period is typically from March 15 to August 15. If one or more active Swainson's hawk nests are present within the 0.5-mile survey area, the active nest(s) shall be monitored by a qualified raptor biologist prior to and during study activities. If the nesting pair's behavior suggests agitation or disturbance by study activities, all activities in the area shall immediately stop pending consultation with the CDFW. Following a review of the breeding pair's behavior, CDFW will determine whether study activities in the area may continue during the nesting season and, if so, the conditions under which they may continue. Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to if construction would occur between March 15 to August 15. 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. A survey report of findings shall be provided to Butte County Development Services Department prior to issuance of a grading permit. 3. Mitigation Measure BIO-3 A pre-construction survey, conducted by a qualified biologist between April and May prior to any future planned construction is recommended to ensure that no raptors are or have begun nesting in the study area or vicinity. This includes a buffer of at least 250 feet around property boundaries. Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be met if construction activities are proposed to occur during nesting season specified by the CDFW. 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. A survey report of findings shall be provided to Butte County Development Services Department prior to issuance of a grading permit. 4. Mitigation Measure BIO-4 Any development proposed outside the building envelopes as shown on the Parcel Map or Additional Map sheet shall require that an Arborist Report and Tree Management/Preservation report be prepared by a certified arborist or landscape architect prior to development. Mapping of all trees with a diameter at breast height (DBH) of greater than six inches is required, as well as identification of all trees to be removed. This report shall be submitted to the Butte County Planning Department for approval prior to study implementation. The applicant/developer shall satisfy one of the following: A. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: Prior to any development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip-line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan 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 that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved 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. 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, unless authorized by Oak Tree Mitigation Plan; and 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee.; or B. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: Prior to any development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip-line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) the developer shall be consistent with the County’s adopted oak mitigation ordinance.; or C. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: Prior to any development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip-line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) the project shall be consistent with all avoidance and minimization measures and the applicant shall pay applicable in lieu fees to mitigate for blue oak woodland impacts as provided in the adopted Butte County Resource Conservation Plan. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork resulting in the removal or encroachment upon oak trees on the project site shall be permitted until the mitigation measure is satisfied by the applicant/developer completing one of the specified measures to the satisfaction of the Director of Development Services or his/her designee. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: 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. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that actions necessary to verify this measure have been satisfied have been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site. 5. Mitigation Measure CUL-1 Preserve the prehistoric site (P-04-736) intact by means of an impact avoidance strategy. The site boundaries shall be flagged and accurately located through survey, and the area thus flagged designated as an impact avoidance zone on any tentative development or other project maps. 6. Mitigation Measures CUL-2 Any development outside of building site envelopes as shown on the Tentative Parcel Map or Additional Map Sheet shall require a formal evaluation of the specific attributes and qualities which would render prehistoric site P-04-736 significant per CEQA. Such a formal evaluation shall involve archaeological data collection work (i.e., archaeological testing), which testing shall include recovery of a sample of cultural material sufficient to evaluate site depth, age and make-up of the components of the sites, and characterization of artifactual and cultural constituents in terms of major data categories present. The testing program shall culminate in a professional report that contains explicit recommendations for any mitigative-level data recovery work that may be justified or warranted on the basis of the specific findings of the program of archaeological testing. 7. Mitigation Measure GHG-1 The project proponent shall implement the following measures during construction-related activities and at the time of development to offset the anticipated contribution of greenhouse gas emissions: •Prewire all new structures to support photovoltaic system installation. •Install electrical vehicle outlets on external walls or in garages in all new residential development. •Minimize equipment idling time during construction activities either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minutes. •Use clean or alternative fuel equipment during construction-related activities to improve fuel efficiency. Plan Requirements: The measure shall be placed on an additional map sheet which is to be recorded with the Parcel Map. This note shall also be placed on all building and site development plans. Timing: Shall be implemented prior to issuance of building permits for development. Construction-related measures shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the measure is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Planning Division will ensure that future residential development includes the applicable measures during Building Permit review. Building inspectors shall spot check and shall ensure compliance on-site. Public Works STREETS 8. Prior to recordation of the parcel map, provide a fully executed road maintenance agreement for all non-publicly maintained access roads on the county approved form. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map stating: "In accordance with Civil Code Section 845, maintenance of the road as shown hereon shall be shared by those properties with a legal interest in it." 9. All access rights shall be reserved by deed per county ordinance, offered for dedication, and depicted on the parcel map. Place the following note on the parcel map: “approved road name is a non-exclusive easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered for dedication to the County of Butte.” 10. Prior to recordation of the parcel map, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the county improvement standards and the terms of the encroachment permit. DRAINAGE 11. Prior to recordation of the parcel map in accordance with Butte County Code Section 26-25 either: a. Show or note the existing regulatory flood plain on the map; or b. Establish the regulatory flood plain and then show it on the map. 12. Prior to grading, a construction storm water permit will be required by the State Water Resources Control Board if the project results in ground disturbance, including clearing, excavation, filling, and grading of one or more acres. The permit must be obtained from the State Water Resources Control Board prior to construction. Submit engineering estimate of area to be disturbed to the Department of Public Works for review and approval. If a construction storm water permit is required, engineering plans shall show the Waste Discharge Identification (WDID) number on the title sheet of the plans and a copy of the erosion and sediment control plan shall be provided to the Land Development Division of the Public Works Department. If a construction storm water permit is required, place a note on an additional map sheet that states: “The development of this parcel map required a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. Development of individual lots may require an additional permit(s).” PARCEL MAP 13. Show all easements of record on the parcel map. 14. Prior to recordation of the parcel map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. 15. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Environmental Health 16. Show 12,000 square feet MUWA on Parcel 3 in area of soil profiles. 17. Show 100 foot setback to any creek. 18. Show 50 foot setback to any seasonal drainage. 19. Record the following on the Map: a) Water to be provided by South Feather Water and Power b) If well is proposed then apply for a permit through Butte County Environmental Health Cal-Fire/Butte County Fire 20. 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. 21. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and 20 feet wide for commercial, and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. 22. Ensure all roadways meet current maximum length of cul-de-sac requirements. 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.