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HomeMy WebLinkAboutMEXT21-0002 Approval Letter Department of Development Services Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director 7 County Center Drive T: 530.538.7601 Oroville, California 95965 F: 530.538.7785 December 8, 2021 Suzanne Markey 115 Yellowstone Drive Chico, CA 95973 Re: MAP EXTENSION: MEXT21-0002; APN: 042-020-104 Dear Ms. Markey, At the regular meeting of the Butte County Zoning Administrator held December 8, 2021, your request for a six (6) year extension of TSM19-0002 to January 23, 2028, was approved. No changes to the existing Conditions of Approval from TSM19-0002 were requested. The conditions of approval for TSM19-0002 must be met by the expiration date of January 23, 2028 or the approval will be considered null and void. Should you have any questions regarding this matter, please contact me at (530) 538-7376 between 7:30 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Austin Forde Assistant Planner CC: Herb Votaw buttecounty.net/dds PLANNING APPROVED Date: J O...l'\.uCX'::'1 J 1, .).-0� By: P I a,n " £!\J C M1 ,;1., r 1t (/ 'l Tentative Subdivision Map for Richard and Julie Neves on APN 042-020-104, File# TSM19- 0002: An application for a Tentative Subdivision Map to divide a ten acre property into seven one­ acre parcels and one 2.91-acre parcel. Lots will be served by public roads: Guynn Avenue and the proposed cul-de-sac. Future residential uses will be served by individual septic systems, and public water (California Water Service Company). I.CONDITIONS OF APPROVAL: Planning Division I.Mitigation Measure AIR-1 The following best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third-pa1ty contractors during construction activities on the project site. These measures are intended to reduce criteria air pollutants that may originate from the site during the course of land clearing and other construction operations. Place a note 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: Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than I 0,000 Pounds •All on-and off-road equipment shall not idle for more than five minutes. Signs shall be posted in the designated queuing areas and/or job sites to remind drivers and operators of the five-minute idling limit. •ldling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited. •All construction equipment shall be maintained in proper tune according to the manufacturer's specifications. Equipment must be checked by a certified mechanic and determined to be running in proper condition before the start of work. •Install diesel particulate filters or implement other CARS-verified diesel emission control strategies. •Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within I 00 feet of a restricted areas. •To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk hour emissions. •Butte County Department of Development Services••Conditions of Approval - Neves Subdivision TSM 19-0002 • Page I of 7 •  Butte County Department of Development Services   Conditions of Approval – Neves Subdivision TSM19-0002  Page 2 of 7  Operational TAC Emissions • All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm). • Stationary sources shall comply with applicable District rules and regulations. Fugitive Dust Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses near a construction site. Dust complaints could result in a violation of the District’s “Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following is a list of measures that may be required throughout the duration of the construction activities: • Reduce the amount of the disturbed area where possible. • Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. An adequate water supply source must be identified. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. • All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved alternative method will be used. • Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. • Exposed ground areas that will be reworked at dates greater than one month after initial grading should be sown with a fast-germinating non-invasive grass seed and watered until vegetation is established. • All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the Butte County Air Quality Management District. • All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with local regulations. • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. • Post a sign in prominent location visible to the public with the telephone numbers of the contractor and the Butte County Air Quality Management District - (530) 332-9400 for any questions or concerns about dust from the project.”  Butte County Department of Development Services   Conditions of Approval – Neves Subdivision TSM19-0002  Page 3 of 7  All fugitive dust mitigation measures required should be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend period when work may not be in progress. The name and telephone number of such persons shall be provided to the District prior to land use clearance for map recordation and finished grading of the area. Please note that violations of District Regulations are enforceable under the provisions of California Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation. Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the final 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 throughout all grading and construction periods. 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. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 2. Mitigation Measure CUL-1 Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “If grading activities reveal the presence of 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. If human skeletal remains are encountered, State law requires immediate notification of the County Coroner (530.538.7404). If the County Coroner determines that the 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.” The provisions of this mitigation 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 final 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 preparation and construction activities. Monitoring: The Department of Development Services and/or Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. 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  Butte County Department of Development Services   Conditions of Approval – Neves Subdivision TSM19-0002  Page 4 of 7  resources and determine appropriate action. State law requires the reporting of any human remains. 3. Mitigation Measure GHG-1 Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “To the extent feasible, 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: • Support expansion of renewable energy systems o Prewire all new residential development to support photovoltaic system installation. • Support efficiency in vehicles and landscaping equipment o Install electrical vehicle outlets on external walls or in garages in all new residential development. • Improve fuel efficiency of equipment during construction-related activities o Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minutes. o Use clean or alternative fuel equipment” Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the final map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Shall be implemented prior to issuance of building permits for residential 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 note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. 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. 4. Place a note on the Final Map or additional map sheet stating: “Residential dwelling setback from adjacent active orchards of 100 feet along the southeasterly property line of proposed Parcels 1 and 2 and along the northwesterly property line of proposed Parcels 4 and 5 and partially on proposed Parcel 6. There is also a 25-foot setback along the southwesterly property line of proposed Parcel 4. If the existing agricultural use (orchard) has been removed permanently, the residential dwelling setback shall be consistent with that required by the Zoning Ordinance.” 5. Prior to or concurrently with the recordation of the Final Map, record a Declaration Acknowledging Right To Farm (Agricultural Statement of Acknowledgement). 6. 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.” 7. 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  Butte County Department of Development Services   Conditions of Approval – Neves Subdivision TSM19-0002  Page 5 of 7  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. Public Works 8. 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.” 9. Prior to recordation of the final map, deed to Butte County in fee simple 32 feet of right-of-way from the physical centerline of Guynn Avenue along the entire property frontage. The right-of-way shall be sufficient for the installation of Typical Collector Street Type, City of Chico Standard Plan S-18A, including a 10-foot wide Public Service Easement outside of the right-of-way. 10. 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. 11. Prior to final road inspection, install all necessary traffic safety signs including stop signs. 12. Provide cul-de-sac designed and constructed in conformance with Typical Cul-De-Sac, City of Chico Standard Plan S18B, including vertical curb, gutter and attached 5-foot wide concrete sidewalk. 13. Prior to recordation of the final map, construct or provide a performance, labor and material bond for construction of street frontage improvements on Guynn Avenue. Widen street section along the entire parcel frontage in conformance with Typical Collector Street Type, City of Chico Standard Plan S18A, including vertical curb, gutter, 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 will be required to support the section design. 14. Prior to recordation of the final map, construct or provide a performance, labor and material bond for construction of interior street in conformance with Typical Local-Residential Street Type, City of Chico Standard Plan S18A, including rolled curb, gutter, attached 5-foot wide concrete sidewalk and an equivalent structural design of 3″ AC, 12″ AB, prime coat, fog seal, 95% relative compaction. Submit design to the Land Development Division for approval prior to construction. “R” value determination and other data will be required to support the section design. Form a zone of benefit or other approved maintenance entity within the county’s permanent road division (PRD) for operation and maintenance of interior streets and storm drain facilities. 15. 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  Butte County Department of Development Services   Conditions of Approval – Neves Subdivision TSM19-0002  Page 6 of 7  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. 16. Prior to recordation of the final map, drainage plans and calculations shall be submitted to and approved by the Department of Public Works. Engineering plans shall detail existing drainage conditions and specify how storm water runoff will be either detained or retained onsite and/ or conveyed to the nearest natural drainage channel or publicly maintained facility. Engineering calculations shall show there is no increase in peak flow runoff leaving the property. 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. 17. 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. 18. Prior to recordation of the final map, pay drainage impact fees per Article XI, Chapter 3 of Butte County Code. 19. Prior to plan approval, a construction storm water permit will be required by the State Water Resources Control Board for ground disturbance, including clearing, excavation, filling, and grading. The permit must be obtained from the State Water Resources Control Board. 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. Place a note on an additional map sheet that states: “The development of this final map required a construction storm water permit. Development of individual lots may require an additional permit(s).” 20. Show all easements of record on the final map. 21. 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. 22. Pay the recording fees in effect at the time the final map and related documents are recorded. 23. Prior to recordation of the final map, pay all applicable assessments established by affected districts, in full. 24. 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 Department of Development Services   Conditions of Approval – Neves Subdivision TSM19-0002  Page 7 of 7  Butte County Fire/California Department of Forestry 25.Construction, installation or development of buildings and/or roads, driveways, gates andbridges on parcels/lots shall comply with the current adopted California Fire Code and currentButte County Improvement Standards, whichever is stricter. 26.Prior to construction, a pressurized water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is 500 feet (reduce by 100 feet on dead-end streets and roads), hydrant size 6 inches, and residualfire flow of 500 GPM. Local water agency requirements for hydrants may be more restrictive.Fire hydrant identification, road reflectors or post reflectors acceptable to the County FireChief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. Environmental Health Division 27.Place a note on the Final Map or additional map sheet stating: “Reports that may have beenconditions of approval on the tentative map and a list of current requirements for building sites are on file and available for review in the Butte County Department of Development Services and Butte County Environmental Health Division files.” 28.Provide a letter or other documentation from California Water Service Company indicatingthat they are willing and able to provide domestic water service to parcels 1-8. 29.Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Development of parcels 1-8 will require connection to apublic water supply.” Processing Fees 30. 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 writtenrequest by the applicant, or their respective designee. Prior to such approval, verificationshall be made by each Department or Division that the modification is consistent with theapplication, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment.