HomeMy WebLinkAboutTSM22-0002 PC Approval Letter Department 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
September 29, 2023
Jon Hayes rdmnrpm@yahoo.com
Re: Planning Commission Approval – TSM22-0002 (Hayes Family Trust); APN: 047-350-066 Dear Applicant: Your request for a Tentative Subdivision Map was approved at the Planning Commission
meeting on September 28, 2023. Should you desire to appeal the decision of the Planning Commission, you must do so in writing, before 4:00 p.m., Monday, October 9, 2023, to the following:
Department of Development Services
Planning Division 7 County Center Drive Oroville, California, 95965 The appeal fee of $790.45 must be paid at that time. If you do not appeal within the 10
calendar-day appeal period, the action of the Planning Commission is final. Once the approval has become final, please contact the Butte County Public Works Department to complete the conditions of approval and record the Parcel Map. Public
Works is located at 7 County Center Dr., Oroville, CA 95965, or can be reached by phone at 530.538.7681. The conditions of approval for your project must be met within twenty-four (24) months from the date of approval. If the conditions of approval have not been met within this time, your map will expire and become null and void unless a map extension is applied for prior to
the expiration of the tentative map (Butte County Code §20-67). Should you have any questions, please contact me at (530) 552-3685 or by email at tweems@buttecounty.net.
Sincerely,
Tristan Weems, AICP, Senior Planner
CC: Herb Votaw, hv@rarcivil.com
Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 17 of 37
EXHIBIT A
Tentative Subdivision Map for Hayes Family Trust / Jon Hayes, on APN 047-350-066, File #
TSM22-0002: A Tentative Subdivision Map to divide a 41.57-acre parcel into twenty-five (25)
parcels. The parcels will range in size from 1.0 acre to 11.84 acres. The parcel is zoned VLDR-
1 acre minimum / Suburban Residential 1-acre minimum and has a General Plan land use
designation of Very Low Density Residential.
I.CONDITIONS OF APPROVAL:
Butte County Department of Development Services, 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.
Operational TAC Emissions
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September 28, 2023
Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 18 of 37
• 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.
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Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 19 of 37
• 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 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
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.
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Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 20 of 37
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.
3. Mitigation Measure CUL-1
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; or 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 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.
Butte County Public Health Department, Environmental Health Division
4. Show Minimal Useable Wastewater Area (MUWA) as follows:
a. 12,000 square feet for standard gravity for resultant parcels 2,3,4,9.
b. 15,000 square feet for standard gravity for resultant parcels 5,6,8.
c. 15,000 square feet for pressure distribution to 18-inch trench depth for resultant parcels
17.18.19.20.21, 22.
d. Replacement area for resultant parcel 1.
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Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 21 of 37
5. Record deed restriction and appropriate easements indicating "Lot B" as community
leach area.
6. Destroy well on lot 14 or provide alternative 15,000 square foot MUWA on parcel 5 and
6 due to 100 foot well setback encroachment.
7. Formation of County Service Area for onsite monitoring and maintenance of the
community leach area.
8. Provide proof of potable water by drilling at least one test well for each twenty acres and
tested for quality and quantity.
a. Quality - provide results for total and fecal coliform and nitrate.
b. Quantity - Test wells shall be pumped in a manner satisfactory to the Health
Department and shall produce a minimum of five (5) gallons per minute if tested during
the period from January 1 through June 30 or a minimum of three (3) gallons per minute
if tested during the period from July 1 through December 31.
9. Show well location on each parcel indicating 100-foot radius and illustrating 100-foot
setback from leach trenches to wells as well as appropriate setbacks from proposed
detention pond.
Place a note on map:
10. Resultant parcels 7, 10, 11,12,13,14,15,16, 23, 24, 25 to be served by a community leach
area requiring individual septic tanks under permit from Butte County Public Health,
Environmental Health Division.
Agricultural Commissioner’s Office:
11. A 300 ft. Agricultural Buffer setback is applicable from APN 047-250-044 to be recorded
on the final map. The setback will be noted as follows: “300-foot Agricultural Buffer
Setback, no residential development permitted.”
Butte County Fire Department:
12. Construction, installation or development of buildings and/or roads, driveways, gates and
bridges on parcels/lots shall comply with the current adopted California Building
Standard Codes and current Butte County Improvement Standards, whichever is stricter.
13. 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 1000 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. Local water agency requirements for hydrants
may be more restrictive.
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Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 22 of 37
14. 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 to an existing County
Service Area with the same level of service or Establishment of another entity as
approved by the Butte County Fire Department. All new water systems must be
constructed to the same standards as the nearest local water purveyor (Mutual Water
Company or Public Utility such as Cal-Water, OWID, TWSD, etc.) to allow for possible
future annexation and connection of mains.
15. Prior to building construction, provide an all-weather access of at least 10 feet wide for
residential, and 20 feet wide for commercial, and vertical clearance of 15 feet that will
allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within
150 feet of any point on all structures.
16. 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
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.
Public Works Conditions:
Conditions of Approval
A. STREETS
17. Private Road Maintenance: 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 as shown hereon shall
be shared by those properties with a legal interest in it." Prior to map recordation, the
applicant shall establish a Homeowners’ Association (HOA) for maintenance of roads or
shall include roads in the required CSA. Prior to recordation of final map, remove Note 10
shown on the Tentative Final Map that identifies the creation of a Permanent Road Division
(PRD) for the project.
18. Street Names and Signs: 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.
19. Traffic Signs: Prior to final road inspection, install all necessary traffic safety signs
including stop signs.
20. Encroachment Permit: Prior to any work within the County right of way, the applicant shall
obtain an encroachment permit from the County, which includes a Traffic Control Plan
showing all public roadways where work is to be performed and indicates each stage of
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Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 23 of 37
work, closure dates for street and section of closure (if necessary and otherwise allowed by
local jurisdiction), signage, flaggers, and any other pertinent information. The Traffic
Control Plan shall be reviewed and approved by the County before the contractor begins
work.
21. Driveways: Prior to recordation of the final map, obtain an encroachment permit and
improve all new and existing driveway approaches to publicly maintained roads as
specified in the county improvement standards and the terms of the encroachment permit,
and as shown in the recorded map at approved access points. Provide common access to
Lots 2 and 4, and Lots 5 and 6, from Keefer Road. All driveways, including for Lot 7, shall
meet sight distance standards.
22. Road Approaches: Prior to recordation of the final map, submit road and drainage
improvement plans to the Butte County Land Development Division for the installation of
a standard S-18B road approach from Keefer Road to Kelsey Drive in accordance with
County improvement standards. Obtain an encroachment permit and construct the road
approach prior to recordation of the final map. Adequate sight distance at the intersection
of access road and Kelsey and Keefer Roads shall be provided. Right-of-way required for
construction of road approach and roadside drainage shall be provided.
23. Cul-de-Sacs/Turnarounds: Provide cul-de-sacs 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.
24. Frontage Improvements: Prior to recordation of the final map, remove the frontage
improvements on Keefer Road that are shown on the Tentative Final Map. No frontage
improvements are required on Keefer Road. Prior to recordation of the final map, construct
or provide a performance, labor and material bond for construction of street frontage
improvements on Kelsey Drive. Construct a full width street section along the parcel
frontage of Lots 8, 9, 10, 25, and Lot B with Kelsey Drive in conformance with County
improvement standard NCSP-8, 2” Type B Hot Mix Asphalt, 8” Class AB, prime coat, fog
seal, and 95% relative compaction. Construct a ½ + 12’ street section along the remainder
of the project frontage with Kelsey Drive in conformance with County improvement
standard NCSP-Ǝ7\SH%+RW0L[$VSKDOWƎ&ODVV$%SULPHFRDWIRJVHDODQG
95% relative compaction. Submit for approval a roadway structural design and
improvement plans to the Land Development Division prior to construction. An “R” value
determination and other data may be required to support the section design. Submit a
Notice of Materials to be Used, materials test results, and mix design in compliance with
2018 Caltrans Standard Specifications, Section 39, to the department of Public Works for
approval at least 14 days prior to the start of paving operations. Testing of hot mix asphalt
materials shall be performed by a qualified laboratory and test results shall be signed and
stamped by a licensed civil engineer. Conduct material testing during construction and
submit the results to Department of Public Works to ensure compliance with Standard
Specifications, approved materials, and approved mix design.
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Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 24 of 37
25. Interior Streets: Prior to recordation of the final map, construct or provide a performance,
labor and material bond for construction of interior streets in conformance with county
improvement standard NCSP-Ǝ7\SH%+RW0L[$VSKDOWƎ&ODVV$%SULPHFRDW
fog seal and 95% relative compaction. Submit for approval a roadway structural design
and improvement plans to the Land Development Division prior to construction. An “R”
value determination and other data may be required to support the section design. Submit
a Notice of Materials to be Used, materials test 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 of 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 Department of Public Works to ensure compliance with Standard
Specifications, approved materials, and approved mix design.
26. Security for Improvements: Per Butte County Code of Ordinances 20-69(5), if the
subdivider desires to submit security in lieu of a bond, such security shall be submitted to
the director of public works for approval not later than two (2) weeks prior to submission
of the final subdivision map.
27. Street Lighting: 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 Homeowners Association
(HOA) and described in the HOA Covenants, Conditions & Restrictions (CC&Rs). The
developer must complete the formation of the HOA and record the CC&Rs 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.
B. SOILS, DRAINAGE, STORM WATER QUALITY
28. Soils Report: Prior to map recordation, 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.
29. Drainage Report and Improvements: 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. All improvements shall be constructed prior to final map
recordation. The following must be complete during final design:
x Travel paths must be shown where concentrated flows exist.
x Times of concentration for each structure, pipe, or ditch.
x The quantity of water arriving at each structure, pipe or ditch from a 10-year
and a 100-year frequency storm.
x Invert elevations for each pipe and structure.
x Hydraulic grade line elevations and hydraulic gradient.
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Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 25 of 37
x Channel dimensions and water surface profile computations.
x Downstream conditions which may affect upstream flow.
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. The storm drain system
shall be designed for a full range of storm water runoff, up to and including the 100-year
storm. On-site disposal shall be interim and coordinated with an ultimate storm drainage
disposal design. The system shall be design in accordance with Butte County Improvement
Standards Section 10.05 Drainage Design and 10.10 Temporary Storm Drainage Trenches,
and other applicable sections.
30. Drainage Improvements – Kelsey Drive: Prior to the recordation of the final map, extend
the underground storm drain system approximately 90 feet northerly to the westerly
extension of the southerly property line to collect offsite drainage.
31. Drainage Improvements – Easterly Project Boundary: Prior to the recordation of the final
map, the project shall grade a portion of the site to allow passage of offsite drainage to
continue the historic stormwater flow. Grading shall occur from the existing culverts
located along the easterly boundary of the project and continue along the southern
boundary of the project to Kelsey Drive. A drainage easement shall be established for the
maintenance of the drainage facilities which shall be included in the CSA for maintenance.
32. Drain Inlet Markers: 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.
33. Stormwater Quality Management for MS4 Area:
a. 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
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Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 26 of 37
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.”
b. 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.”
c. 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-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
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Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 27 of 37
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.
d. 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 form a Homeowners 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.”
e. 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 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.
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Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 28 of 37
C. COUNTY SERVICE AREA:
34. CSA Formation for Maintenance of Drainage, Sewage, and Stormwater Quality Facilities:
Prior to map recordation, the applicant shall form a County Service Area (CSA) as required
by County Code for operations and maintenance of the sewage, drainage, and stormwater
quality 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 to agree
to an annual maximum service charge to ensure continued operation of the facilities.
D. FINAL MAP
35. Map Recordation:
a. The applicant shall submit to the County Surveyor for review and approval a final map
pursuant 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 the
additional information, conditions of approval or comments are for informational
purposes only and are not intended to affect record title interest. Additional information
may 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 on the final map.
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 to
be provided to the County Surveyor prior to recording.
e. The applicant shall pay the recording fees in effect at the time the final map and related
documents are recorded.
36. Offers of Dedication and Easements:
a. All access rights shall be reserved by deed per county ordinance, offered for dedication,
and depicted on the final map. Place the following note on the final map: “Approved
road name is a non-exclusive easement for ingress, egress, road and public services
purposes, to be reserved in deeds and is hereby offered for dedication to the County of
Butte.”
b. Prior to or concurrently with the recordation of the final map, deed to Butte County in
fee simple 40 feet of right-of-way from the centerline of Keefer Road along the entire
property frontage. The right-of-way shall be sufficient for the installation of
Improvement Standard No. S-5 at all street intersections.
c. Prior to recordation of the final map, dedicate a one-foot No Access Easement or
relinquish abutter's rights of access to Butte County along the Keefer Road frontage of
Lots 1, 2, 4, 5, and 6, except at approved access points for shared driveways between
Lots 2 and 4, and between Lots 5 and
28
Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 29 of 37
d. Prior to recordation of the final map, the applicant shall modify the final map to provide
shared driveway easements between Lots 2 and 4, and between Lots 5 and 6.
e. Drainage, sewage, and other utility easements shall be provided where they are needed.
The subdivider shall provide rights-of-way or easements for storm drainage purposes
conforming substantially with the lines of any watercourse, channel, lake, stream, or
creek, and drainage improvements. The width of the rights-of-way or easements shall
be adequate to provide for the necessary maintenance of the channels and incidental
structures.
37. Fees and Assessments:
a. Prior to map recordation, pay North Chico Specific Plan Area development impact
fees per Article XVII, Chapter 3 of Butte County Code.
b. Prior to map recordation, pay drainage impact fees per Article XI, Chapter 3 of
Butte County Code.
c. Prior to map recordation, pay all applicable assessments established by affected
assessment districts, in full.
Airport Land Use Compatibility Conditions:
38. 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: “Record an open space/land use easement
outside of the designated residential development area on proposed Lot 1 to the City of
Chico or other appropriate agency for the Chico Regional Airport. This open space/land
use easement is designated to comply with the 2017 Butte County Airport Land Use
Compatibility Plan. This area shall remain free of structures and other major obstacles
such as walls, large trees, or poles (greater than 4 inches in diameter, measured 4 feet
above the ground), and overhead wires, except for structures and other obstacles in those
locations which already exist." Permitted uses with the open space area will be
designated by the Butte County Airport Land Use Commission (ALUC) for the Chico
Regional Airport. The easement will be in effect as long as the airport remains in
operation or the ALUC deems it necessary.”
39. 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: “No residential dwellings, large trees or
poles (greater than 4 inches in diameter, measured 4 feet above the ground, except for a
six-foot-high chain link security fence around the detention pond), and overhead wires
permitted on proposed Lot C as long as the airport remains in operation.”
40. 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: “Proposed Lot B is designated as a
community septic area and no residential dwellings, trees greater than 4 inches in
diameter, overhead wires, and structures over 4 feet in height permitted on proposed Lot
B as long as the airport remains in operation.”
41. 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: “Residences and all buildings shall be
located as far as practical from the Chico Regional Airport extended runway centerline.”
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Butte County Department of Development Services
September 28, 2023 Agenda Report – Hayes Family Trust, Subdivision TSM22-0002 Page 30 of 37
42. Provide a deed notice for the sale of all resulting lots notifying purchasers of the
proximity of the airport and the potential for possible noise related impacts in an ALUC-
approved disclosure notice.
43. Prior to the recordation of the Final Map record as a separate instrument an Avigation
Easement granting the right of continued use of the airspace above the proposed parcels
by the Chico Regional Airport and acknowledging any and all existing or potential
airport operational impacts.
44. 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: “An Avigation Easement is recorded above
the parcels for the Chico Regional Airport and acknowledging any and all existing or
potential airport operational impacts.”
45. 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: “As a condition for the issuance of any
Building Permit on these parcels Minimum Noise Level Reduction of 20 decibel (dB) is
required for construction of all residences.”
46. 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: “Airspace review by the Airport Land Use
Commission is required for all objects over 70 feet in height.”
30
PROPOSED PRIVATE ROAD A & ROAD B
TYPICAL SECTION
HAYES FAMILY TRUST
FOR
TENTATIVE SUBDIVISION MAP 22-0002
A PRIVATE ROAD SUBDIVISION
LEGEND
OWNER/APPLICANT
PROPERTY DATA
SURVEYOR
ROLLS, ANDERSON & ROLLS
HERBERT VOTAW
PLS 8043
115 YELLOWSTONE DRIVE
CHICO, CA 95973
(530) 895-1422
HAYES FAMILY TRUST/JON HAYES
3891 KEEFER ROAD
CHICO CA, 95973
(530) 624-6439
ASSESSORS PARCEL NUMBERS 047-350-066
PARCEL AREA 41.57 ACRES ±
EXISTING ZONING SR-1
EXISTING GENERAL PLAN VLDR
EXISTING LAND USE RESIDENTIAL/GRAZING
PROPOSED LAND USE RESIDENTIAL
PARCEL AREA SUMMARY
RIGHT-OF-WAY DEDICATION 1.81 AC
(78,777 SF)
PROPOSED PARCELS
LOTS 1-25 38.79 AC.
(1,689,849 SF)
AVERAGE LOT SIZE ±67,594 SF
DENSITY 0.64 UNITS/AC (GROSS)
UTILITY SERVICE
SEWER SEPTIC
STORM DRAIN UNDERGROUND DETENTION
WATER DOMESTIC WELL
GAS & ELECTRIC PG&E
TELEPHONE AT&T
CABLE T.V.COMCAST
NOTES
LOT C
LOT 2
LOT 4 LOT 5
LOT 8
LOT 10 LOT 17 LOT 18
LOT 20
LOT 22
LOT 1
1.01 AC.
1.35 AC.1.25 AC.
G=1.02 AC
.
G=1.12 AC.
G=1.00 AC
.
G=1.01AC.
1.08 AC.
1.06 AC.
11.84 AC.
N=0.91 AC.
N=1.09 AC.
N=0.97 AC.
N=0.91AC.
G
N
KEEFER
ROAD
KELSEY DRIVEROAD BA
LOT 1
ROAD APN 047-370-044APN 047-370-045APN 047-370-039APN 047-370-021APN 047-370-022APN 047-660-001
APN 047-660-019
APN 047-660-020
APN 047-660-034
APN 047-780-018
APN 047-780-017APN 047-780-013APN 047-780-002APN 047-780-001APN 047-780-003APN047-520-018G=1.46 AC
N=1.00 AC.
LOT A
0.04 AC.
KELSEY DRIVE
SECTION A-A
KELSEY DRIVE
SECTION B-B
LOCATION MAP
N=1.02 AC.G=1.46 AC.
LOT 25
LOT 24
G=1.16 AC.
N=1.07 AC.
N=1.09 AC
.
G=1.18 AC
.
LOT 23
LOT 21
G=1.02 AC.
N=0.90 AC.
LOT 19
G=1.12 AC.
N=1.09 AC.
LOT 16
G=1.01
A
C
.
N=0.89
A
C
.
LOT 15
G=1.28 AC.
N=1.04 AC.
LOT 14
G=1.07 AC.N=1.02 AC.
LOT 13
G=1.23 AC.N=1.02 AC.
LOT 12
G=1.13
A
C
.
N=1.05
A
C
.
LOT 11
G=1.6
8
A
C
.
N=1.1
3
A
C
.
LOT 9
1.14 AC.
LOT B
PROPOSED
SEWAGE DISPOSAL
1.75 AC.
LOT 7
G=1.38 AC.
N=1.09 AC.
LOT 3
G=1.30 AC.N=1.03 AC.
LOT 6
1.18 AC.
September 28, 2023