HomeMy WebLinkAboutTPM23-0006 Approval LetterDepartment of Development Services Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director
7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
July 5, 2023
Scott Perkins 1900 Oro Dam Boulevard, Suite 12
Oroville, CA 95966
Re: Tentative Parcel Map Approval – TPM23-0006 (Perkins); APN: 027-230-002 & -110
Dear Mr. Perkins,
At the Zoning Administrator meeting held on July 5, 2023, Tentative Parcel Map
TPM23-0006 was approved, subject to the attached Conditions of Approval.
Next, please contact the Butte County Public Works Department to begin completing the conditions of approval and record the Parcel Map. Public Works is located at 7 County Center Dr., Oroville, CA 95965, and can be reached by phone at 530.538.7681.
Should you have any questions regarding this matter, please contact me at 530.552.3686, or via email at aforde@buttecounty.net between 8:00 a.m. and 4:00 p.m., Monday through Friday.
Sincerely,
Austin Forde, Assistant Planner
Cc: Wes Gilbert
Butte County Department of Development Services
July 5, 2023 Agenda Report – Perkins TPM23-0006 Page 17 of 31
CONDITIONS OF APPROVAL:
Planning Division.
1.Mitigation Measure #1:
The following measures shall apply to all development activities (excluding normalagricultural operations) on the project site. Additionally, a note shall be placed on a separatedocument which is to be recorded concurrently with the map or on an additional map sheet thatstates: “Dust generated by the development activities shall be kept to a minimum and retainedon-site. Follow the air quality control measures listed below:
Control Dust
a.During clearing, grading, earth moving, excavation, or transportation of cut or fillmaterials, water trucks or sprinkler systems are to be used to prevent dust from leaving thesite and to create a crust after each day’s activities cease.
b.During construction, water trucks or sprinkler systems shall be used to keep all areas of
vehicle movement damp enough to prevent dust from leaving the site. At a minimum, thiswould include wetting down such areas in the later morning and after work is completedfor the day and whenever wind exceeds 15 miles per hour.
c.Soil stockpiled for more than two days shall be covered, kept moist, or treated with soilbinders to prevent dust generation.
d.On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads.
e.Haul vehicles transporting soil into or out of the property shall be covered.
f.Existing roads and streets adjacent to the project shall be cleaned at least once per day ifdirt or mud from the project site has been tracked onto these roadways, unless conditionswarrant a greater frequency.
g.Other measures may be required as determined appropriate by the BCAQMD orDepartment of Public Works in order to control dust.
Post Contact Information
h.Post a publicly visible sign with the telephone number and person to contact regarding dust
complaints. This person shall respond and take corrective action within 24 hours. The
telephone number of the Butte County Air Quality Management District shall be visible toensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive DustEmissions).
Other Construction Practices
i.Maintain all construction equipment in proper tune according to manufacturer’s
specification.
j. Where feasible, give preference to utilizing the following equipment:
•Electric equipment
•Substitute gasoline-powered for diesel-powered equipment
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July 5, 2023 Agenda Report – Perkins TPM23-0006 Page 18 of 31
•Alternatively fueled construction equipment on site such as compressed natural gas(CNG), liquid natural gas (LNG), propane, or biodiesel.
•Equipment that has Caterpillar pre-chamber diesel engines, as practical.
•Diesel construction equipment meeting the CARB’s 1996 or newer certificationstandard for off-road heavy-duty diesel engines.
k. Construction workers shall park in designated parking area(s) to help reduce dust
emissions.”
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 #2 (50’ No Disturbance Area around Vernal Pools/SeasonalWetlands):Show on a separate document which is to be recorded concurrently with the map or on an
additional map sheet a “Vernal Pool/Seasonal Wetland Buffer/Protection Area” measured not
less than 50-feet from the outer edge of the wetlands to be maintained on site. Constructionactivities on and around the wetland buffer area shall be restricted based on USACErequirements. Restrictions may include establishment of avoidance buffer zones, installationof silt fences, or on-site containment of all on-site generated sediments.
Plan Requirements: State and federal permits for any proposed modifications to vernal
pools/seasonal wetlands shall be completed prior to recordation of the parcel map. Novegetation removal, grading, road construction, or other earthwork shall be permitted until the50-foot no disturbance buffer area, consistent with state and federal requirements, if any,around the vernal pool/seasonal wetlands has been established around wetlands consistent with
state and federal requirements, to the satisfaction of the Development Services Director.
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 vernal pool/seasonal wetland buffer area and related note
are 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. Butte County building inspectors shall ensure compliance on-
site.
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3.Mitigation Measure #3 (Waters of the U.S.):To the extent practicable, the discharge of dredged or fill material into “waters of the U.S.”shall be avoided (this also includes waters not subject to USACE jurisdiction, but subject to
the Regional Water Quality Control Board (RWQCB) jurisdiction. This includes avoidingactivities that would obstruct the flow of, or alter the bed, channel, or bank of any intermittentor ephemeral creeks. If complete avoidance is implemented, no further measures arenecessary. If complete avoidance is not practicable, a no net loss of wetlands policy shall beemployed and the appropriate permits (i.e.; Section 404 permit) shall be obtained prior to
recordation of the final map. In addition, the project applicant shall obtain a Section 401certification from the RWQCB, as necessary. The project shall comply with all permitconditions and employ best management practices and measures (established by the USACEand other regulatory agencies) to minimize and compensate for potential impacts to anyjurisdictional waters or habitat areas. Furthermore, the following measures shall be
implemented:
1)Prior to any discharge of dredged or fill material into “waters of the U.S.” authorizationunder a Nationwide Permit shall be obtained from the USACE. For any featuresdetermined to not be subject to USACE jurisdiction during the verification process,authorization to discharge (or a waiver from regulation) shall be obtained from the
RWQCB. For fill requiring a USACE permit, water quality certification shall be obtainedfrom the RWQCB prior to discharge of dredged or fill material.2)Prior to any activities that would obstruct the flow of, or alter the bed, channel, or bank ofany intermittent or ephemeral creeks, notification of streambed alteration shall besubmitted to the CDFG and, if required, a streambed alteration agreement shall be obtained.
3)Construction activities that will impact “waters of the U.S.” shall be conducted during thedry season to minimize erosion. Appropriate sediment control measures to protect avoided“waters of the U.S.” shall be in place prior to the onset of construction and shall bemonitored and maintained until construction activities have ceased. Temporary stockpiling
of excavated or imported material shall occur only in approved construction staging areas.
Excess excavated soil shall be used on site or disposed of at a regional landfill or otherappropriate facility. Stockpiles that are to remain on the site through the wet season shallbe protected to prevent erosion (e.g. silt fences, straw bales and/or covered).4)Loss of wetlands shall be compensated at a minimum of a 2:1 creation ratio (i.e. two acres
created for each acre destroyed). This can be accomplished through purchase of
appropriate credits at a USACE approved mitigation bank, appropriate payment into aUSACE approved in-lieu fee fund, or on-site or off-site creation, monitoring, andmaintenance (as approved by the USACE or RWQCB).5)Loss of “other waters” shall be compensated through purchase of appropriate credits at a
USACE approved mitigation bank, appropriate payment into a USACE approved in-lieu
fee fund, or through placement of avoided waters and associated riparian buffers into aconservation easement or similar protective mitigation The amount of avoided waters andriparian buffers to be permanently protected shall be sufficient to offset the impact andshall be determined by the USACE and the applicant during the permitting process.
6)As required, any monitoring, maintenance, and reporting required by the regulatory
agencies (i.e. USACE, RWQCB and CDFG) shall be implemented and completed. Asrequired, all measures contained in the permits or associated with agency approvals shall
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be implemented.
Plan Requirements: Vegetation removal, grading, road construction, or other earthwork shall be in compliance with state and federal regulations. If avoidance of wetland fill cannot be
achieved, then the project shall comply with all permit conditions and employ best management practices and measures (established by the USACE and other regulatory agencies) to minimize and compensate for potential impacts to any jurisdictional waters or habitat areas.
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 appropriate permits, if required, from state and federal agencies have been obtained prior to recordation of the parcel map. 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 the requirements of the state and federal regulations, if required, have been completed and submitted to the Director of Development Services. Butte County building inspectors shall ensure compliance on-site.
4.Mitigation Measure #4 (50’ No Disturbance Setback from Streams):Show/Depict on a separate document, which is to be recorded concurrently with the map or onan additional map sheet, a “50-foot No Development Area” along seasonal streams.
Plan Requirements: The recorded parcel map must show the 50’ no disturbance setbackaround the vernal pool/seasonal wetlands sites and seasonal streams.
Timing: The requirements of this mitigation measure shall be adhered to at all times. Thenote shall be recorded prior to final map.
Monitoring: The Planning Division and the Public Works Department shall ensure thatrecorded parcel map identifies vernal pool sites with 50’ setbacks. The Department of
Development Services shall ensure that the note is placed on all affected building and site
plans.
5.Mitigation Measure #5 (Protection of Vernal Pools during Construction):Prior to land disturbance, a development barrier around seasonal swales and vernal pools shallbe established. A “no disturbance” buffer zone (50 feet) shall be established around the vernal
pools/seasonal wetlands and clearly identified. During construction activities, the vernal
pools/seasonal wetlands and seasonal swales shall be protected with the installation of stormwattles, silt fencing or other sediment catching materials, along with orange constructionfencing designating the outer limit of the 50-foot buffer zone to prevent disturbance of theseareas.
Plan Requirements: No. development is permitted within 50’ of vernal pool sites/seasonal
wetlands as depicted on the final map.
Timing: The requirements of this mitigation measure shall be adhered to at all times duringdevelopment/land disturbance.
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Monitoring: To avoid sediment or other materials from building up along the protection measures, the sediment or other materials will be removed way from the protected area routinely and/or prior to a storm event.
6.Mitigation Measure #6 (Pre-construction Surveys for Raptors):If construction activities occur between March 1 and July 31, preconstruction surveys shall beconducted. A pre-construction shall be conducted no more than 14 days prior to theconstruction activities during the early part of the breeding season (March – April) and no morethan 30 days prior to the initiation of the construction activities during late breeding season
(May – July). During this survey, the qualified wildlife biologist shall inspect all trees in andimmediately adjacent to the impact area for raptor and migratory bird nests. If the survey doesnot identify any nesting raptor species on or near the construction site, further mitigation is notrequired. If any raptor species are found nesting on or near the construction site (within 500feet of construction activities), the following shall be implemented:
Prior to the disturbance, grading or construction, the project applicant, in consultation withCalifornia Department of Fish & Game (CDFG) and Butte County Planning, shall avoid allbirds of pray or migratory bird nest sites located in the construction area during breeding seasonwhile the nest is occupied with adult and/or eggs or young. The occupied nest shall bemonitored by a qualified wildlife biologist to determine when the nest is no longer used.
Avoidance shall include the establishment of a no disturbance buffer zone around the nest site.The size of the buffer zone shall be determined in consultation with the CDFG. Highly visibletemporary construction fencing shall delineate the buffer zone.
Plan Requirements: The applicant/developer shall provide the Department of DevelopmentServices a copy of the pre-construction survey prior to construction.
Timing: The requirements of this mitigation measure shall be adhered to at all times. Thismeasure shall be implemented during all site preparation and construction activities.
Monitoring: The Planning Division shall require submittal and review of the pre-constructionsurvey prior to construction/land disturbance.
7.Mitigation Measure #7 (Map Note requiring Pre-construction Surveys for Raptors):
Place a note on a separate document which is to be recorded concurrently with the map or onan additional map sheet that states: “If construction activities occur between March 1 to July31, preconstruction surveys shall be conducted. A pre-construction shall be conducted no morethan 14 days prior to the construction activities during the early part of the breeding season
(March – April) and no more than 30 days prior to the initiation of the construction activities
during late breeding season (May – July). During this survey, the qualified wildlife biologistshall inspect all trees in and immediately adjacent to the impact area for raptor and migratorybird nests.”
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. No. development is permitted within 50 feet of vernal poolsites and Seasonal Wetlands as depicted on the final map.
Timing: The requirements of this mitigation measure shall be adhered to at all times. Thismeasure shall be implemented during all site preparation and construction activities.
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Monitoring: The Planning Division 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. The Department of Development Services shall ensure that the note
is placed on all building and site plans. Building inspectors shall spot check and shall ensure compliance on-site.
8.Mitigation Measure #8 (Oak Mitigation Plan):Prior to road construction or recordation of the parcel map, an Oak Mitigation ImplementationPlan shall be prepared by a certified arborist, registered professional forester, botanist or
landscape architect to the satisfaction of the Director of Development Services or his/herdesignee for the removal of approximately 100 oak trees 5 inches dbh or larger. The applicantshall minimize the removal of oak trees deemed suitable for retention. The removal of any oaktrees 5 inches or more in diameter at breast height shall be mitigated by one or more of thefollowing: replanting and maintaining oak trees, establishing conservation easements,
contributing funds for off-site oak woodlands conservation, and/or other mitigation measuresdeveloped by Butte County. Replanting oak trees cannot account for more than one-halfof the mitigation. The Plan shall be prepared in accordance with the following:
1) A replanting schedule and diagram for trees removed or encroached upon by permitactivities 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 ofDevelopment Services or his/her designee.
a.A minimum of 3 native blue oak trees of 5 gallons or larger size shall be planted foreach blue oak tree removed that is greater than or equal to 5-inches diameter at breastheight (DBH) and a minimum of 3 native live oak trees of 5 gallons or larger size
shall be planted for each live oak tree removed that is greater than or equal to 5-inches diameter at breast height (DBH).
b.Replanted trees shall be planted in areas deemed appropriate by the Plan, consideringfuture lot development, interference with foundations, fencing, roadways, driveways,
and utilities.
c. Trees planted shall be protected from livestock and other animals.
2)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 andmaintained for seven years after the new oak trees are planted. A bond shall be posted for
replanting of the trees and/or other terms established for their maintenance.
3)Oak Tree protection measures for trees to be retained within the project site shall beincluded in construction specifications.
a.Oak tree to be preserved shall be surrounded by a tree zone identified by the drip lineof the tree.
b.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 thesoil unless authorized by Oak Tree Mitigation Plan.
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c.An orange plastic fence or other suitable type of fence shall be used to identify thetree zone during construction activities.
4)If adequate oak tree mitigation consistent with PRC §21083.4(b)(2) cannot be established
onsite, mitigation shall be completed by one or more of the following: establishingconservation easements, contributing funds for off-site oak woodlands conservation (i.e.Oak Woodlands Conservation Fund administered by the California Wildlife ConservationBoard), and/or other mitigation measures developed by Butte County.
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.
Plan Requirements: No map shall be recorded and no vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved.
Timing: Requirements of the condition shall be satisfied prior to recordation of the map or
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: Staff in the Department of Development Services will require Mitigation Implementation Plan prior to recordation. 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 the terms of the Mitigation Implementation Plan have been met. Butte County building inspectors shall ensure compliance on-site.
9.Mitigation Measure #9 (Map Note requiring Blue Oak Retention and Protection):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 anypermit or approval that involves 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 andtrees 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 designee thatincludes:
1)A replanting schedule and diagram for trees removed or encroached upon by permitactivities 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. Replanting oak trees cannot account for morethan one-half of the mitigation.
a.A minimum of 3 native blue oak trees of 5 gallons or larger size shall be planted foreach blue oak tree removed that is greater than or equal to 5-inches diameter at breast
height (DBH) and a minimum of 3 native live oak trees of 5 gallons or larger size shall
be planted for each live oak tree removed that is greater than or equal to 5-inchesdiameter at breast height (DBH).
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b.Replanted trees shall be planted in areas deemed appropriate by the Plan, consideringfuture lot development, interference with foundations, fencing, roadways, driveways,and utilities.
c. Trees planted shall be protected from livestock and other animals;
2)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 andmaintained for seven years after the new oak trees are planted. A bond shall be posted forreplanting of the trees and/or other terms established for their maintenance.
3)Oak Tree protection measures for trees to be retained within the project site shall beincluded in construction specifications.
a.Oak tree to be preserved shall be surrounded by a tree zone identified by the drip lineof the tree.
b.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 thesoil unless authorized by Oak Tree Mitigation Plan.
c. An orange plastic fence or other suitable type of fence shall be used to identify thetree zone during construction activities.
4)If adequate oak tree mitigation consistent with PRC §21083.4(b)(2) cannot be established
onsite, mitigation shall be completed by one or more of the following: establishingconservation easements, contributing funds for off-site oak woodlands conservation (i.e.Oak Woodlands Conservation Fund administered by the California Wildlife ConservationBoard), and/or other mitigation measures developed by Butte County.
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.
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. No vegetation removal, grading, road construction, or other
earthwork shall be permitted until the tree plan is submitted and approved.
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: 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 an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. The applicant is to maintain a Mitigation Monitoring Fee deposit account to offset the departments’ inspection costs. Butte County building inspectors shall ensure compliance on-site.
10.Mitigation Measure #10 (Building Envelopes):
Place a note on a separate document which is to be recorded concurrently with the parcel mapor on an additional map sheet which states: “Prior to site clearance and development, with
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regards to individual lot development, building envelopes, not more than three acres in size, shall be identified to maintain and protect identified vernal pools/seasonal wetlands and to limit impacts on oak trees on the project site.
Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and all building and site development plans.
Timing: Requirements of the condition shall be satisfied prior to, or in conjunction with, recordation of the map.
Monitoring: The Department of Development Services shall ensure that the building envelopes are included as part of development permits. The Planning Division shall ensure compliance through the building permit process and routine inspection and review.
11.Mitigation Measure #11 (Mitigation Monitoring Costs):The Department of Development Services (DDS) is responsible for monitoring the
landowner’s compliance with all conditions of approval, conservation measures, andmitigation measures. As the cost of ongoing monitoring of Measures and Conditions ofApproval is not included in the County’s Tentative Parcel Map application fees, at thediscretion of the Director of DDS (Director), the cost of DDS staff and consultant time directlyrelated to the monitoring of compliance with conditions of approval will be billed to and borne
by the landowner at the current established DDS Planning Division hourly rate. The currentfee amount established in Butte County Code and implementing resolutions for Measure andCondition of Approval Monitoring (currently a $978.00 deposit against which time is billed)shall be paid within 30 days of the date of project approval. Regarding the monitoring ofrelevant measures and conditions of approval after approval and/or recordation of the map, the
landowner shall maintain this fee with DDS in an amount (not to exceed the establishedmaximum) at a level determined by the Director to ensure adequate ongoing measure andcondition of approval monitoring. Mechanisms which may be used by the County to addressfailure by the landowner to maintain the adequate fee amount may include but are not limited
to “stop work” orders, denial of building permits and/or certificates of occupancy, revocation
of project approval and imposition of performance bonds at the discretion of the Director ofDDS.
Plan Requirements: Construction monitoring reports shall meet protocol requirements of USFish and Wildlife Service and/or California Department of Fish and Game.
Timing: This measure shall be implemented during grading, excavation, and compaction of
soils, during construction within or near ditches, and as determined necessary by the sitemonitor.
Monitoring: On site inspectors and mitigation monitors for the project will periodicallymonitor as needed to ensure that the requirements of the Measures are adhered to throughout
grading, excavation, and construction periods.
12.Mitigation Measure #12:Place a note on a separate document which is to be recorded concurrently with the Final Mapor on an additional map sheet that states: “Should grading activities reveal the presence ofprehistoric or historic cultural resources (e.g. artifact concentrations, including arrowheads and
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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 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 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 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.
13.Mitigation Measure #13:
Place the following note on a separate document which is to be recorded concurrently with themap or on an additional map sheet that states: “To reduce construction-generated noise thedeveloper shall implement the following measures to mitigate construction noise throughoutall construction periods:
1.Limit construction activity to daytime hours (7:00 a.m. to 6:00 p.m.) with no construction
activity on Sundays or holidays;
2.Use best available noise suppression devices and properly maintain and muffle dieselengine-driven construction equipment;
3. Construction equipment shall not be idled for long periods of time;
4.Locate stationary equipment as far as possible from sensitive receptors;
5.Designate a Disturbance Coordinator and post the name and phone number of this personconspicuously at the entrance(s) to the project site so it is clearly visible to nearby residentsmost likely to be affected by construction noise. This person would manage complaintsresulting from construction noise. The Disturbance Coordinator shall contact noise
sensitive receptors and advise them of the schedule of construction.”
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.
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Timing: The mitigation shall be applicable during all construction activities.
Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of
Development Services shall investigate all complaints of excess construction-related noise.
Agricultural Commissioner’s Office
1.Prior to recordation of final map, show 300 foot Agricultural Buffer setback from all adjacentlands zoned Agriculture and all newly-created parcel lines for future residential development.
Public Works
A.COUNTY SURVEYOR
1.Map Recordation: Prior to map recordation:
a.The applicant shall submit to the County Surveyor for review and approval a final mappursuant to Subdivision Map Act Section 66444-66450.
b.The applicant shall prepare a Supplemental Data Sheet for all information not affecting
record title interest. The Supplemental Data Sheet shall contain a statement that theadditional information, conditions of approval or comments are for informationalpurposes only and are not intended to affect record title interest. Additional informationmay include but is not limited to building setback lines, flood hazard zones, seismic
lines and setbacks, leach field free areas and usable sewage disposal areas.
c.The applicant shall show all easements of record on the final map and shall providedeeds establishing all existing and proposed easement and rights of way on theproperty.
d.The applicant shall 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. A tax certificate is tobe provided to the County Surveyor prior to recording.
e.The applicant shall submit a Preliminary Title Report that has been prepared within 6months of the map recordation date.
f.The applicant shall provide deeds establishing property boundaries.
g.The applicant shall provide copies of all lot and boundary closures (calculation showingerror of closure).
h.The applicant shall pay the recording fees in effect at the time the final map and relateddocuments are recorded.
i.The parcel map shall contain a certificate by the engineer or surveyor responsible for
the preparation of the map that states that all monuments are of the character andoccupy the positions indicated, or that they will be set in such positions on or beforeninety (90) days from the date of recordation, per Butte County Code of OrdinanceSection 20-109.5. The certificate shall also state that the monuments are or will be
sufficient to enable the survey to be retraced.
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B. STREETS
1.Dedications and Easements: Drainage, sewage, and other utility easements shall beprovided where they are needed. The subdivider shall provide rights-of-way or
easements for storm drainage purposes conforming substantially with the lines of anywatercourse, channel, lake, stream, or creek. The width of the rights-of-way oreasements shall be adequate to provide for the necessary maintenance of the channelsand incidental structures.
C. SOILS, DRAINAGE, FLOODING
1.Stormwater Quality Management: Coverage under the stormwater ConstructionGeneral Permit (CGP) will be required by the State Water Resources Control Board ifthe project results in ground disturbance, including clearing, excavation, filling, andgrading of one or more acres or disturbs less than one acre but are part of a largercommon plan or development consisting of one acre or more of total disturbance.
Coverage under this General Permit must be obtained from the State Water ResourcesControl Board prior to starting construction. If coverage under the CGP is required,engineering plans shall show the Waste Discharge Identification (WDID) number onthe 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 bedisturbed 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 GeneralPermit. 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 coverageunder this permit. Development of individual lots may require an additional permitcoverage.”
MITIGATION FEES
1.Mitigation Fees
a.Prior to issuance of building permits, pay all applicable mitigation fees in place at thetime of issuance.
Environmental Health Division
1.Prior to recordation of the final map, resultant Parcels 1 & 2 must show Minimum Useable
Wastewater Area (MUWA) of 15,000 square feet utilizing a pressure distribution system to
the satisfaction of the Environmental Health Division.
2.Resultant Parcels 1 & 2 must show proposed water well locations with a 100-foot setback forresidential development shown to the satisfaction of the Environmental Health Division.
3.Applicant shall place a note on the final map stating “WATER: There is no evidence that
domestic water is available”.
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Butte County Department of Development Services
July 5, 2023 Agenda Report – Perkins TPM23-0006 Page 29 of 31
Butte County Fire
1.Construction, installation or development of buildings and/or roads, driveways, gates and bridgeson parcels/lots shall comply with the current adopted California Building Standard Codes,
California Fire Safe Regulations—Public Resources Code 4290, 4291 and current ButteCounty Improvement Standards, whichever is stricter.
2.Place a note on a separate document, which is to be recorded concurrently with the Parcel or
Final map, or on an additional map sheet stating, “Building identification and/or addressesshall be installed in conformance with Public Resources Code 4290 and shall be posted at the
time of permit issuance and maintained continuously thereafter”.
3.Applicant shall provide a secondary means of access or connection to an existing roadway atthe time of issuance of development permits for the designated remainder parcel.
Processing Fees
1 Prior to recordation of the deeds, pay any outstanding project-related processing fees.
II. NOTATION
A.Minor changes may be approved administratively by the Directors of DevelopmentServices, Environmental Health, or Public Works upon receipt of a substantiated written
request 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 foramendment.
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