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HomeMy WebLinkAboutTPM21-0009_COA _Approved_6-1-22Butte County Department of Development Services   Conditions of Approval – Symmes TPM21-0009  Page 1 of 12  Exhibit A Tentative Parcel Map for Anthony G. and Renette R. Symmes Family Trust on APN 040- 200-096 and a portion of 040-200-097, File # TPM21-0009: A Tentative Parcel Map to divide 5.93 acres into 3 parcels (1.52, 1.89, and 2.52 acres). The parcels will have access by a proposed cul- de-sac off Durham-Dayton Highway. Domestic water will be initially be provided by domestic wells, with future hookup to Durham Irrigation District (DID) when the DID waterline is located along the parcel frontage on Durham-Dayton Road. Wastewater will be provided by onsite individual waste water systems (septic tank and leachfield). I.CONDITIONS OF APPROVAL: Planning Division 1.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-party 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 10,000 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. •Idling, 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 CARB-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 100 feet of a restricted areas. •To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk hour emissions. June 1, 2022  Butte County Department of Development Services   Conditions of Approval – Symmes TPM21-0009  Page 2 of 12  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 • 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.” 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  Butte County Department of Development Services   Conditions of Approval – Symmes TPM21-0009  Page 3 of 12  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 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 BIO-1 Habitat Assessment. A qualified biologist with education and experience in bat biology and identification and approved by CDFW, shall conduct a habitat assessment for potentially suitable bat habitat within six months of Project activities. If the habitat assessment reveals suitable bat habitat, then a qualified bat biologist shall conduct a presence/absence survey between March 1 and October 31. If bats are present anywhere within the Project site, then the qualified biologist shall submit a bat avoidance plan to CDFW for review and approval. Bat Avoidance Plan. The bat avoidance plan should identify: 1) the location of the roosting sites; 2) the number of bats present at the time of assessment (count or estimate); 3) species of bats present; 4) the type of roost (e.g. day/night, maternity, hibernaculum, bachelor); 5) proposed Project related impacts to the roost; and 6) species specific measures to avoid and minimize impacts to bats including but not limited to the following:  No Disturbance Buffer. No disturbance buffers to be established around occupied roosts in consultation with CDFW. The size of the buffer should be determined by the qualified bat biologist based on the bat species, specific site conditions, and level of disturbance. The buffer should be maintained until the qualified bat biologist determines that the roost is no longer occupied.  Bat Exclusion. If a bat roost is found in a tree that must be removed, the qualified bat biologist shall prepare a Bat Exclusion Plan outlining the proposed passive exclusion of the bats from the roost. Exclusion shall be scheduled either (1) between March 1 and March 31, prior to parturition of pups and when nighttime lows are above 45°F; or (2) between September 1 and October 31, prior to hibernation, when nighttime lows are above 45°F. The qualified bat biologist shall confirm the absence of bats prior to the start of construction. The Bat Exclusion Plan shall be submitted to CDFW for review and approval a minimum of 10 days prior to the installation of exclusion devices. CDFW does not support eviction of bats during the maternity or hibernation periods.  Replacement Roosts Structures. If bat roosts cannot be avoided, replacement roost structures (bat houses or other structures) shall be designed to accommodate the bat species  Butte County Department of Development Services   Conditions of Approval – Symmes TPM21-0009  Page 4 of 12  displaced by Project activities and installed onsite. The placement of the constructed roosts shall be determined through consultation with CDFW. Ideally, the project would not be implemented unless and until replacement roost structures on site are documented to be acceptable and used by the bat species of interest. Plan Requirements: Conduct a habitat assessment for potentially suitable bat habitat. If the habitat assessment reveals suitable bat habitat, then a qualified bat biologist shall conduct a presence/absence survey. If bats are present anywhere within the Project site, then the qualified biologist shall submit a bat avoidance plan to CDFW for review and approval. This measure shall be recorded on an additional map sheet to the Parcel Map. Timing: Requirement to conduct a habitat assessment for potentially suitable bat habitat within six months of Project activities. If the habitat assessment reveals suitable bat habitat, then a qualified bat biologist shall conduct a presence/absence survey between March 1 and October 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. If suitable bat habitat exists, California Department of Fish & Wildlife shall review and approve the bat avoidance plan. 3. Mitigation Measure BIO-2 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  Butte County Department of Development Services   Conditions of Approval – Symmes TPM21-0009  Page 5 of 12  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. Butte County Department of Development Services   Conditions of Approval – Symmes TPM21-0009  Page 6 of 12  4.Mitigation Measure BIO-3 If project construction activities, including site grubbing and vegetation removal, occur during the nesting season for birds protected under the Migratory Bird Treaty Act (MBTA) and California Department Fish & Game Code (CDFC) (approximately February 1 – August 31), the project proponent shall retain a qualified biologist to perform preconstruction surveys for nesting bird species. If an active nest is discovered outside of the typical nesting season, it shall be avoided using the same avoidance measures that would be applied during the typical nesting season. Surveys to identify active bird nests shall be conducted within and 250 feet around the footprint of proposed construction site. The survey shall be conducted within 7 days prior to the initiation of construction activities. In the event that an active nest is observed, a species protection buffer shall be established. The species protection buffer will be defined by the qualified biologist based on the species, nest type and tolerance to disturbance. Construction activity shall be prohibited within the buffer zones until the young have fledged or the nest fails. Nests shall be monitored by a qualified biologist once per week and a report submitted to the Butte County Department of Development Services. 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). If an active nest is discovered outside of the typical nesting season, it shall be avoided using the same avoidance measures that would be applied during the typical nesting season. 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. 5.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.”  Butte County Department of Development Services   Conditions of Approval – Symmes TPM21-0009  Page 7 of 12  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 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 resources and determine appropriate action. State law requires the reporting of any human remains. 6. 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 minute. o Use clean or alternative fuel equipment.” 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 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 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. 7. Place a note on the recorded map or additional map sheet stating: “A residential dwelling setback shall be 100 feet from adjacent active orchard along the western property line of the lots.  Butte County Department of Development Services   Conditions of Approval – Symmes TPM21-0009  Page 8 of 12  If the existing agricultural use (orchard) has been removed permanently, the residential dwelling setback shall be consistent with that required by the Zoning Ordinance.” 8. Prior to or concurrently with the recordation of the map, record a Declaration Acknowledging Right To Farm (Agricultural Statement of Acknowledgement). 9. Place a note on a separate document which is to be recorded concurrently with the 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 Streets 10. 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 845, maintenance of the road shown hereon shall be shared by those properties with a legal interest in it.” 11. Prior to recordation of the parcel map, demonstrate to the Department of Public Works that there is approved access conforming to county code to each parcel from a publicly maintained road. 12. Prior to recordation of the parcel map, deed to Butte County in fee simple 30 feet of right-pf- way from the physical centerline of Durham-Dayton Highway along the entire property frontage. 13. Prior to the recordation of the parcel map, relinquish abutter’s rights of access to Butte County along Durham-Dayton Highway frontage of parcel 1, except at approved access points. 14. Prior to recordation of the parcel 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 parcel map. A minimum of five alternate names for each new street shall be submitted. 15. Prior to final road inspection, install all necessary traffic safety signs including stop signs. For all non-publicly maintained access roads, 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: “No public entity shall be responsible for the maintenance of the traffic safety signs, including stop signs. In accordance with Civil Code Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them.” 16. Prior to recordation of the parcel map, submit road and drainage improvement plans to the Land Development Division for the installation of the standard S-18B road approach in accordance with the county improvement standards. Obtain an encroachment permit and construct the road approach prior to recordation of the parcel map. Adequate sight distance at the intersection of the access road and Durham-Dayton Highway shall be provided.  Butte County Department of Development Services   Conditions of Approval – Symmes TPM21-0009  Page 9 of 12  17. Provide cul-de-sac or building free turn around area designed and constructed as specified in the county improvement standards. The parcel map shall show the cul-de-sac or building free turn around area. 18. Prior to recordation of the parcel map, construct or provide a performance, labor and material bond for construction of interior road in conformance with the county improvement standard RS-8 LDIV, 24 feet side with 4” of CL II aggregate base and double sealcoat. Submit road and drainage plans to the Department of Public Works for approval prior to construction. Drainage 19. Prior to the recordation of the parcel 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 duration to said channel or facility. If infiltration trenches are designed to contain stormwater runoff from a 100 year storm event, the soil saturated hydraulic conductivity (Ksat) shall be used as the soil percolation rate. Prior to final improvement inspection, the design dimensions and volume of detention facilities shall be confirmed using topographic land survey by engineer of record. 20. Place a note on a separate document which is to be recorded concurrently with the parcel 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." 21. Prior to the 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. Compliance with Butte County Stormwater Ordinance 22. 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 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  Butte County Department of Development Services   Conditions of Approval – Symmes TPM21-0009  Page 10 of 12  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.” Parcel Map 23. Show all easements of record on the parcel map. 24. 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. 25. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Butte County Fire/California Department of Forestry 26. 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. 27. 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 for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of any point on all structures. Environmental Health Division 28. Prior to recordation of the parcel map, parcels 1 and 2 shall show an adequate specified area for a well on each parcel. 29. Record deeded well sharing agreements for parcels 1, 2 and 3 concurrently with the recordation of the parcel map. 30. Prior to recordation of the parcel map, provide well water sample for total and fecal coliform bacteria for proposed shared well. 31. Prior to recordation of the parcel map, provide water well yield test of greater than 3 gallons per minute for the proposed shared well. Durham Irrigation District 32. The applicant/developer shall enter into a Service Agreement with the District to provide water service. 33. 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  Butte County Department of Development Services   Conditions of Approval – Symmes TPM21-0009  Page 11 of 12  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. 34. 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. 35. 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. 36. 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 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. 37. 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. 38. 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. Ownership of such easements and water installations will be conveyed to the District upon their acceptance by the District. 39. 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. 40. 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. 41. Development on the property shall be subject to the following:  Butte County Department of Development Services   Conditions of Approval – Symmes TPM21-0009  Page 12 of 12  a. There shall be a 25-foot septic-free and storm drain trench-free setback from the District’s water mains; b. 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; c. The developer/applicant shall be responsible for extending the District’s water main along the entire parcel frontage on Durham-Dayton Highway and within the proposed subdivision to serve the proposed lots. 42. 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 43. Prior to recordation of the Parcel 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.