HomeMy WebLinkAboutTSM20-0003 COA - Updated 1-11-22Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 1 of 12
Exhibit A
Tentative Subdivision Map for MJ Shelton Holdings, LLC/ Mike & Julie Jackson on APN
047-710-008 & -009, File # TSM20-0003 (Rowdy Estates): An application for a Tentative
Subdivision Map to divide two parcels totaling 9.56 acres into eight parcels (ranging in size from 1-
acre to 1.6 acres). The parcels will have access by a proposed cul-de-sac off Garner Lane. Domestic
water for each parcel would be provided by individual wells. Wastewater will be provided by
individual onsite wastewater systems (septic tank and leachfield). The project includes a
pressurized water system with a dedicated well site (Lot A) and a fire hydrant. The well and
hydrant will be maintained part of a proposed County Service Area. Lot A will be dedicated to
Butte County for the benefit of the CSA. The project proposes retention/infiltration basin and
retention swale/leach trenches to retain stormwater runoff on site.
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.
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 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
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 – Rowdy Estates Subdivision TSM20-0001 Page 3 of 12
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 BIO-1
Prior to any land disturbance or construction, a qualified biologist shall complete four surveys
for burrowing owl prior to the start of construction. The biologist should conduct 4 survey
visits: 1) at least one site visit between 15 February and 15 April, and 2) a minimum of three
survey visits, at least three weeks apart, between 15 April and 15 July, with at least one visit
after 15 June. Surveys should be conducted on the project site and within 150 meters of areas
that will be directly or indirectly impacted by the project, where feasible. Surveys should not
be conducted during inclement weather, when burrowing owls are typically less active and
visible. A report summarizing the survey including the qualifications of the biologist who
performed the survey, methods, and results should be provided to CDFW prior to the start of
construction. If burrowing owls or evidence of burrowing owls (e.g., whitewash or pellets) are
not observed during surveys, no additional mitigation is necessary. If the birds are present, then
there is potential for impacts to occur and CDFW is available to assist with the development
of potential measures to offset impacts.
Plan Requirements: Perform surveys for burrowing owls. The note shall be placed on all
building and site development plans.
Timing: Requirements of the condition shall be adhered to prior to any land disturbance or
construction activities.
Monitoring: The Butte County Department of Development Services shall ensure the
condition is met prior to any land disturbance or construction activities
3. Mitigation Measure BIO-2
If project construction activities, including ground disturbance or 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
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 4 of 12
31), the project proponent shall retain a qualified biologist to perform preconstruction surveys
for nesting bird species. 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 Final Map.
Timing: Requirements of the condition shall be adhered to prior to and during construction
activities planned to occur during nesting seasons for CDFC and MBTA species (between
February 1 and August 31).
Monitoring: The Butte County Department of Development Services and the Public Works
Department shall ensure that the note is recorded an additional map sheet of the Map.
Department of Development Services shall ensure the condition is met at the time of
construction activities.
4. 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 – Rowdy Estates Subdivision TSM20-0001 Page 5 of 12
resources and determine appropriate action. State law requires the reporting of any human
remains.
5. 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. Prewire all new residential development
to support photovoltaic system installation.
Support efficiency in vehicles and landscaping equipment. Install electrical vehicle outlets
on external walls or in garages in all new residential development.
Improve fuel efficiency of equipment during construction-related activities. Minimize
idling time either by shutting equipment off when not in use or reducing the time of idling
to no more than 3 minutes.
Use clean or alternative fuel equipment”
Plan Requirements: The measure shall be placed on an additional map sheet which is to be
recorded with the Final 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. 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.
6. Mitigation Measure TCR-1
Place a note on the final map and all building and site development plans for new construction
as follows:
“Prior to commencement of ground disturbing activities on the project site the applicant
shall notify the Mechoopda Indian Tribe of Chico Rancheria. The Mechoopda Indian Tribe
of Chico Rancheria shall be given the option to have a tribal monitor present during all
ground disturbing activities associated with the development of the project.”
Plan Requirements: This measure shall in incorporated in the conditions of approval for the
project and the note shall be placed on all building and site development plans for new
construction.
Timing: This measure shall be implemented during all site development activities.
Monitoring: The Department of Development Services shall work with the
applicant/developer and the Mechoopda Indian Tribe of Chico Rancheria to ensure a tribal
monitor is given the opportunity to be on site during all ground-disturbing activities.
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 6 of 12
7. Prior to or concurrently with the recordation of the Final Map, record a Declaration
Acknowledging Right To Farm (Agricultural Statement of Acknowledgement).
8. Place a note on a separate document which is to be recorded concurrently with the final map
or on an additional map sheet that states: “A Declaration Acknowledging Right to Farm
(Agricultural Statement of Acknowledgement) has been recorded on the parcels.”
Public Works
9. Prior to recordation of the final 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 final map stating: “In accordance with Civil Code Section 845, maintenance
of the road shown hereon shall be shared by those properties with a legal interest in it.” Prior
to recordation of final map, the developer must establish a Home Owner Association (HOA),
a County Service Area (CSA), a Permanent Road Division (PRD) zone of benefit, or other
entity approved by Public Works Director for maintenance of roads.
10. Prior to recordation of the final map, deed to Butte County in fee simple 30 feet of right-of-
way (ROW) from the physical centerline of Garner Lane along the entire lot 8 frontage. Prior
to recordation of the final map, deed to Butte County in fee simple 40 feet of right-of-way
(ROW) from the centerline of Garner Lane along the entire lot 1 frontage.
11. Prior to recordation of the final map. Relinquish abutter’s rights of access to Butte County
along the Garner Lane frontage of Lot 1 and Lot 8.
12. 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.
13. 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 final map
stating: “No public entity shall be responsible for maintenance of the traffic safety signs
including stop signs. In accordance with Civil Code 845, maintenance of the traffic safety signs
shall be shared by those properties with a legal interest in them.”
14. Prior to recordation of the final map, submit road and drainage improvement plans to the Land
Development Division for the installation of a standard S-18B road approach in accordance
with county improvement standards. Obtain an encroachment permit and construct the road
approach prior to recordation of the final map. Adequate site distance at the intersection of
access road and Garner Lane shall be provided. Right-of-way required for construction of road
approach and roadside drainage shall be provided.
15. Provide a cul-de-sac or building free turn around area designed and constructed as specified in
the county improvement standards. The final map shall show the cul-de-sac or building free
turn around area.
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 7 of 12
16. Prior to recordation of the final map, construct or provide a performance, labor and material
bond for construction of street frontage improvements on Garner Lane. Frontage
improvements on Garner Lane shall be completed in accordance with either option 1 or option
2 as follows:
Option 1:
Construct a ½ + 12 foot street section along the entire property frontage in conformance
with county improvement standard NCSP-3 (North Chicio Specific Plan Type A-IV), 5”
Type A Hot Mix Asphalt, 14” Class 2 aggregate base, prime coat, fog seal and 95% relative
compaction.
Option 2:
Widen Garner Lane northbound to 15-feet wide with 5-inches Type A Hot Mix Asphalt
over 14-inches Class 2 aggregate base from the southerly edge of the property to the
northerly edge of the property.
Apply a 3-inch Type A Hot Mix Asphalt overlay, 12-feet wide on Garner Lane northbound
from the southerly edge of the property to the northerly edge of the property.
Apply a 3-inch Type A Hot Mix Asphalt overlay over the entire road way, varying between
12-feet wide and 23-feet wide, on Garner Lane southbound from the southerly edge of the
property to the northerly edge of the property.
All asphalt surface shall have a prime coat and fog seal. 95% relative compaction is required
for all new street cross sections. Garner Lane improvements shall accommodate adequate turn
lanes and bicycle lanes required. Overlay transition tapers shall be 200:1 or flatter per Caltrans
HDM section 671.3. Transition tapers will extend beyond the property boundaries.
Submit for approval a roadway design and improvement plans to the Land Development
Division for approval prior to construction. Submit a Notice of Materials to be used, materials
testes results, and mix design in compliance with 2018 Caltrans Standard Specifications,
Section 39, to the Department of Public Works for approval at least 14 days prior to the start
of paving operations. Testing and hot mix asphalt materials shall be performed by a qualified
laboratory and test results shall be signed and stamped by a licensed Civil engineer. Conduct
material testing during construction and submit the results to the Department of Public Works
to ensure compliance with Standard Specifications, approved materials, and approved mixed
design.
17. Prior to recordation of the final map, construct or provide a performance, labor and material
bond for construction of interior street in conformance with county improvement standards
NCSP-10, 3” Type A Hot Mix Asphalt, 12” Class 2 aggregate base, prime coat, fog seal and
95% relative compaction. Submit for approval a roadway design and improvement plans to
the Land Development Division for approval prior to construction. Submit a Notice of
Materials to be used, materials testes results, and mix design in compliance with 2018 Caltrans
Standard Specifications, Section 39, to the Department of Public Works for approval at least
14 days prior to the start of paving operations. Testing and hot mix asphalt materials shall be
performed by a qualified laboratory and test results shall be signed and stamped by a licensed
Civil engineer. Conduct material testing during construction and submit the results to the
Department of Public Works to ensure compliance with Standard Specifications, approved
materials, and approved mixed design.
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 8 of 12
18. Street lighting shall be provided in accordance with Butte County requirements, accepted
design criteria, and recommendations of Pacific Gas & Electric Company. The annual energy
costs shall be funded through a county service area (CSA), zone of benefit within a permanent
road division (PRD), or other entity as approved by the public works director. The developer
must complete the formation of the CSA, zone of benefit within a PRD, or other approved
entity prior to recordation of the final map. The formation process will require the developer
to fund the service until the beginning of the first fiscal year in which service charges can be
collected and to agree to an annual maximum service charge to ensure continued operation of
the facilities.
19. Prior to recordation of the final map, deed to Butte County in fee simple roadway right-of-way
for future construction of Kittyhawk Drive that is consistent with NCSP-3 (Type A-iV) street
section with appropriate intersection turn lanes with alignment consistent as shown on the
Tentative Subdivision Map (TSM) dated January 2021. The appropriate intersection turn lanes
are a right turn lane from Garner Lane northbound on Kittyhawk Drive eastbound, a right turn
lane from Kittyhawk Drive westbound onto Garner Lane northbound, Class II bike lanes on
Garner Lane, and Class I bike path along Kittyhawk Drive per NCSP unless determined
otherwise by an engineered traffic study.
20. Prior to the recordation of the Final Map an engineered plan for a permanent solution for
drainage shall be submitted to and approved by the Department of Public Works. The drainage
plans shall specify how stormwater runoff will be attenuated on site by detention facilities
and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and
shall provide developed-condition peak flow discharge not greater than 90% of the pre-
development condition for all storm events, and no increase in stormwater volume over the
design storm duration to said channel or facility. The North Chico Specific Plan (NCSP) CEQA
document requires attenuation of 100-year peak flow discharge to mitigate increased runoff
from development. Detention facilities must either discharge to receiving channel with no
backwater from the channel, or attenuate full stormwater volume onsite. Backwater condition
is present when detention facility, with gravity flow, has an outlet evaluation at or below the
approved 100-year water surface elevation of the receiving channel. If used, stormwater pumps
shall have redundant pump systems, back-up power, and discharge control mechanism(s) to
prevent discharge during high flow events in receiving channel. If leach trenches are designed
to retain stormwater runoff from a 100-year storm event, the soil saturated hydraulic
conductivity (Ksat) shall be used as the soil percolation rate. No percolation shall be considered
when the retention basins are designed for 100-year storm events. Illustrate how and where
emergency runoff is conveyed through the site and where it would discharge should on-site
facilities be unable to convey stormwater runoff. Prior to final improvement inspection, the
design dimensions and volume of detention facilities shall be confirmed using topographic
land survey by the engineer of record.
21. Prior to the recordation of the Final Map, until a FEMA flood zone is established with based
flood elevations, the lowest floor elevations for any structures shall be two (2) feet above the
highest adjacent grade unless a Department approved hydraulic model recommends
differently. Show on an additional map sheet the minimum floor elevations with the grading
plans.
22. Prior to recordation of final map, the developer must complete the formation of a county
service area (CSA), a Home Owner Association (HOA), a permanent road division (PRD) zone
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 9 of 12
of benefit, or other Department of Public Works approved entity for the maintenance and
operation of drainage facilities. The formation process will require the developer to fund the
service until the beginning of the first fiscal year in which service charges can be collected and
agree to an annual maximum service charge with annual inflation increase to ensure continued
operation of the facilities. Public drainage facilities can not be under a HOA.
23. 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.
24. Construction Phase: Prior to issuing a grading or a building permit, or prior to approval of
improvement plans, submit an erosion and sediment control plan (ESCP) to Public Works
department for approval. ESCP shall contain site-specific construction site Best Management
Practices (BMPs). BMPs included in the ESCP must be in accordance with Section 50-19 of
County Code, and/or consistent with the California Stormwater Quality Association BMPs.
Revisions to an approved ESCP must be resubmitted for Department of Public Works approval
prior to commencing with site work. A Storm Water Pollution Prevention Plan (SWPPP)
developed pursuant to the construction stormwater general permit (CGP) may be submitted in
lieu of the ESCP. Add a note on a map sheet that states: “Development activities resulting in
soil disturbance shall submit an erosion and sediment control plan (ESCP) to the Department
of Public Works for approval. ESCP shall contain appropriate site-specific construction site
BMPs.”
25. Construction Phase: Coverage under the stormwater Construction General Permit (CGP) will
be required by the State Water Resources Control Board if development activities result in
ground disturbance, including clearing, excavation, filling, and grading of one or more acres
or disturb 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 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.”
26. Post Construction: Implement post-construction Best Management Practices (BMPs)
consistent with State Water Resources Control Board Order 2013-0001-DWQ to control the
volume, rate, and potential pollutant load of stormwater runoff, including, but not limited to,
requirements to minimize the generation, transport and discharge of pollutants. Develop and
submit a Post Construction Stormwater Management Plan (PCSMP) that identifies BMP
stormwater treatment system(s) designed to reduce or eliminate stormwater pollutant
discharges through the construction, operation and maintenance of source control measures,
low impact development design, site design measures, stormwater treatment system(s) and/or
hydromodification measures. Design and sizing requirements shall comply with the Post-
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 10 of 12
Construction Stormwater Management Program (section E.12) requirements of State Water
Resources Control Board Order 2013-0001-DWQ. Hydromodification measures are required
for Regulated Projects that create and/or replace one acre or more of impervious surface. The
Department of Public Works approval of the PCSMP is precedent to improvement plan
approval. Regulated projects are defined in State Water Resources Control Board Order 2013-
0001-DWQ and are generally considered as new and redevelopment projects on public or
private land that fall under the planning and permitting authority of the and are within the MS4
area that create or replace greater than or equal to 5,000 square feet of impervious area,
excluding: a) detached single family residences that are not part of a common plan of
development; b) interior remodels; c) routine maintenance or repair; or d) a Linear
Underground/Overhead Utility Projects unless the project has a discrete location of that has
5,000 square feet or more of newly constructed contiguous impervious area.
27. Post Construction: Prior to improvement plan approval, Regulated Projects shall submit a
Stormwater Facilities Operations and Maintenance (O&M) Plan that identifies the operations,
maintenance, and inspection requirements of all stormwater Best Management Practices
(BMPs) treatment system(s) and hydromodification measures identified in the approved
PCSMP. All public and private stormwater treatment system(s) and hydromodification
measures shall be protected, inspected, and maintained to ensure continuous and fully effective
performance as designed. A maintenance and inspection schedule for both dry and wet season
BMPs shall be in writing, and a record shall be kept that includes the dates of inspection or
maintenance, whether BMPs were inspected or maintained, a description of any maintenance
activity, and the name of the inspector or maintenance foreman. Place a note on a map sheet to
state: “The owners or operators of facilities required to implement post-construction BMPs
shall enter into a written maintenance agreement with the County or other formal maintenance
entity such as a County Service Area, Home Owners Association for maintenance of such
features. Regulated Projects shall grant site access to Butte County or other formal
maintenance entity for the sole purpose of implementing and performing measures in the O&M
plan for the installed stormwater treatment system(s) and hydromodification measures.”
28. Post Construction: Stormwater Trash Treatment Control Devices BMPs: Prior to final
improvement inspection, Install stormwater trash treatment control devices (Devices). Devices
installed shall meet Full Capture System requirements and shall be designed in accordance
with the following criteria:
i. Appropriately sized to treat not less than the peak flowrate resulting from a 1-year, 1-hour
storm event (design storm) or at least the same peak flows from the corresponding storm
drain;
ii. Do not bypass trash below the design storm under maximum operational loading
conditions; and
iii. Trap all particles that are 5 mm or greater up to the design flow or at least the same peak
flows from the corresponding storm drain; and do not have a diversion structure present
upstream such that a portion of the peak flow is not treated to trap all particles 5 mm or
greater.
Location(s) and specifications of Devices selected shall be shown on improvement plans.
Devices shall be certified by the State Water Resources Control Board prior to installation.
Prior to installation of any certified Devices, the local mosquito vector control district should
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 11 of 12
be contacted to ensure the installation conforms to the District’s visual inspection, treatment,
and vector breeding minimizing guidelines.
Devices shall be protected, inspected, and maintained to ensure continuous and fully effective
performance as designed. Place a note on a map sheet to state: “The owners or operators of
facilities required to install trash treatment control devices shall enter into a written
maintenance agreement with the County or other formal maintenance entity such as a County
Service Area, Home Owners Association for maintenance of such devices.” When leach
trenches are used to retain 100% of the stormwater runoff on-site, trash treatment control
devices are not required.
29. Show all easements of record on the final map.
30. 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.
31. Pay the recording fees in effect at the time the final map and related documents are recorded.
32. Prior to recordation of the final map, pay North Chico Specific Plan Area development impact
fees per Article XVII, Chapter 3 of Butte County Code.
33. Prior to recordation of the final map, a preliminary soils report prepared by a registered design
professional and based upon adequate testing shall be submitted to the Department of Public
Works Land Development Division and Department of Development Services Building
Division for review and approval.
Butte County Fire/California Department of Forestry
34. 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.
35. Prior to construction, a pressurized community water system for fire protection is required.
Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant
spacing is 500 feet (reduce by 100 feet on dead-end streets and roads), hydrant size 6 inches,
and residual fire flow of 1,000 GPM. Fire hydrant identification, road reflectors or post
reflectors acceptable to the County Fire Chief 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.
36. Use of a private water system for fire protection purposes will require one of the following
acceptable entities to maintain the system:
Formation of a Mutual Water Company;
Formation of a new County Service Area;
Annexation into an existing County Service Area with the same level of service; or
Establishment of an other entity as approved by the Butte County Fire Department.
37. Prior to building construction, provide an all-weather access of at least 10 feet wide for
residential, and vertical clearance of 15 feet that will for ingress and egress and accommodate
a 40,000-pound fire apparatus to within 150 feet of any point on all structures.
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 12 of 12
38. Place a note on a separate document, which is to be recorded concurrently with the Final Map,
or on an additional map sheet stating: “Building identification and/or addresses shall be
installed in conformance with Public Resources Code 4290 and shall be posted at the time of
permit issuance and maintained continuously thereafter.
39. Pressurized community water system must be installed and operational prior to combustible
building material arriving on site.
Environmental Health Division
40. Place a note on a separate document which is to be recorded concurrently with the map or on
an additional map sheet that states: “Maintain appropriate setbacks to wells and leachfields
from leach trenches (100 feet to wells and 10 feet to leach field) as well as appropriate setbacks
to swales (50 feet to septic field and tank) and up to 50 feet away from leachfield and 100 feet
away from well to retention/detention pond.”
Processing Fees
41. Prior to recordation of the Final Map, pay any outstanding project-related processing fees.
II. NOTATION
A. Minor changes may be approved administratively by the Directors of Development
Services, Environmental Health, or Public Works upon receipt of a substantiated written
request by the applicant, or their respective designee. Prior to such approval, verification
shall be made by each Department or Division that the modification is consistent with the
application, fees paid and environmental determination as conditionally approved.
Changes deemed to be major or significant in nature shall require a formal application for
amendment.