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HomeMy WebLinkAboutTPM22-0006 COAs 10.18.2023TPM22-0006 Draft 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. 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 • 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. 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 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 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 Parcel Map. Timing: Requirements of the condition shall be adhered to prior to and during construction activities planned to occur during nesting seasons for CDFC and MBTA species (between February 1 and August 31). 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 BIO-2 Place the following note to be recorded on an additional map page of the Parcel Map that states: “Prior to any development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip- line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime), the applicant/developer shall complete one of the following measures to the satisfaction of the Director of Development Services or is/her designee: A. An Oak Tree Evaluation Plan shall be prepared for areas that are proposed for development (e.g., dwelling, accessory structures, yards, driveways) by a qualified professional having experience in California Oak Woodlands and is either a certified arborist, qualified wildlife biologist or registered professional forester shall be submitted for review and approval by the Director of Development Services or his/her designee that includes the following: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Prior to construction or surface disturbance, a protective fence or brightly colored staked boundary shall be placed 5 feet beyond the established critical rooting zone (CRZ) of the oak or group of oaks being protected. A warning sign shall be prominently displayed on each fence. The sign should be a minimum of 16 x 24 inches, brightly colored and be clearly visible, even from vehicles. The sign must clearly indicate that the CRZ is a restricted area. Orange safety triangles may suffice if other signage cannot be constructed. A high visibility plastic mesh fence is recommended to maximize the visibility of protected tree areas. Wire with bright-colored flags placed at equal intervals can also be a suitable barrier so long as it maintains high visibility. Protective fencing shall remain in place until final inspection by the qualified professional. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee; or B. Provide proof of compliance with the adopted Butte County Oak Woodland Mitigation Ordinance currently under preparation; or C. Provide proof of compliance with all required avoidance and minimization measures, and payment of all applicable fees to mitigate for blue oak woodland impacts as provided in the Butte Regional Conservation Plan, as adopted by Butte County. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork resulting in the removal or encroachment upon oak trees on the project site shall be permitted until the mitigation measure is satisfied by the applicant/developer completing one of the specified measures to the satisfaction of the Director of Development Services or their designee. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, or the approval of any improvement plans on the parcels. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of building permit application, the Development Services Department will reference this requirement on any grading, or building 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. Butte County building inspectors shall ensure compliance on-site. 4. 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. 5. Mitigation Measure NOI-1 To reduce construction-generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Construction activities shall not take place during the following hours: Sunset to sunrise on weekdays and non-holidays; Friday commencing at 6:00 p.m. through and including 8:00 a.m. as well as not before 8:00 a.m. on holidays; Saturday commencing at 6:00 p.m. through and including 10:00 a.m. on Sunday; and Sunday after the hour of 6:00 p.m. 2. Use best available noise suppression devices and properly maintain and muffle diesel engine-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 person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction.” Plan Requirements: The measure shall be placed on an additional map sheet which is to be recorded with the Parcel Map. This note shall also be placed on all building and site development plans. Timing: 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. Environmental Health Division: Conditions to be met prior to final map being recorded: 6. Parcel Map must show Minimum Useable Wastewater Area (MUWA) of 12,000 square feet for standard gravity system for each resultant parcel 1, 2, 3 and 4 per PREAP21- 0089. 7. Parcel Map must show proposed water well locations showing a minimum of 100-foot setback to MUWA. 8. Prove water adequacy by drilling at least one well within the division at a location approved by the County Health Department which will produce a flow of not less than five (5) gallons per minute if tested during the period from January 1 through June 30 or not less than three (3) gallons per minute if tested during the period from July 1 through December 31. The well log and/or an approved pump test certifying to the flows shall be reviewed by the County Health Department before filing of the final map. Existing on- site well can be used to determine water adequacy by providing a pump test. 9. Prove water quality by providing a water sample for total and fecal coliform and nitrate. Butte County Fire Department: 10. Construction, installation, or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with current adopted California Building Standard Codes, the California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 11. Prior to building construction, provide an all-weather access road, 20 foot wide that will allow for ingress and egress and accommodate a 75,000-pound fire apparatus. 12. 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. Butte County Public Works: A. STREETS 13. Prior to the recordation of the final map, provide a fully executed road maintenance agreement (RMA) 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 the recordation of the final map, the developer must establish an RMA or other entity approved by the Public Works Director for the maintenance of roads. 14. Prior to the recordation of the parcel map, the location of driveway access points for Parcel 4 onto Stage Road shall be approved by the Department of Public Works and shown on the Parcel Map. Adequate site distance shall be demonstrated prior to the recordation of the Parcel Map. 15. Prior to the recordation of the parcel map, provide street name signs per requirements of the Department of Public Works for the new private road providing access to resulting Parcels 1, 2, and 3. A minimum of five alternate names for each new street shall be submitted on the approved form and reviewed by the county address coordinator. One name for the new roadway will then be recommended to the Board of Supervisors for approval prior to the recordation of the parcel map. 16. Prior to the recordation of the parcel map, deed to Butte County in fee simple the 60- foot-wide strip of right-of-way (30 feet of right-of-way from the physical centerline on both sides of the roadway) of Stage Road along the entire property frontage of Parcel 4. 17. Prior to the recordation of the Parcel Map, relinquish the abutter's rights of access to Butte County along the Stage Road frontage of Parcel 4 except at approved driveway access points. 18. Prior to the recordation of the parcel map, provide approved access to each parcel being created. Construct or provide a performance, labor, and material bond for the construction of interior roads in conformance with county improvement standard RS-8 LD-II, 20 feet wide with 4″ of class II aggregate base and single seal coat. Submit road and drainage plans to the Department of Public Works for approval prior to the start of construction. 19. Prior to the issuance of building or development permits, obtain an encroachment permit and construct the standard S-18B road approach and drainage improvements in accordance with county improvement standards. Right-of-way required for construction of road approach and roadside drainage shall be provided. Roadway drainage improvement shall be constructed along the Stage Road for the frontage of Parcel 4 which has not been identified on the Parcel Map as a driveway access area. 20. Provide a cul- de-sac or building-free turnaround area designed and constructed as specified in the county improvement standards. 21. The parcel map shall show the cul-de-sac or building-free turnaround area. 22. Prior to the final road inspection, install all necessary traffic safety signs including stop signs. B. COMPLIANCE WITH BUTTE COUNTY STORMWATER ORDINANCE 23. Coverage under the stormwater Construction General Permit (CGP) will be required by the State Water Resources Control Board if the project results in ground disturbance, including clearing, excavation, filling, and grading of one or more acres or disturbs less than one acre but are part of a larger common plan or development. Coverage under this General Permit must be obtained from the State Water Resources Control Board prior to starting construction. If coverage under the CGP is required, engineering plans shall show the Waste Discharge Identification (WDID) number on the title sheet of the plans and a copy of Storm Water 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. PARCEL MAP 24. Show all easements of record on the parcel map. 25. Prior to recordation of the parcel map, pay in full 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. 26. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Cal Trans: 27. Encroachment Permit: Any project or work, including access modification and drainage work, that takes place along or within the State’s ROW requires an encroachment permit issued by Caltrans. make sure some slopes cut back, adequate sight distance needs to be showed for all driveways, show embankment, strapping modification, and a stop sign or fog line. These changes will also align the encroachment permitting program business processes with Caltrans’s Strategic Management Plan values of Engagement, Equity, and Innovation. To apply, a completed encroachment permit application, environmental documentation, and five sets of plans clearly indicating State ROW must be submitted to: Hikmat Bsaibess California Department of Transportation District 3, Office of Permits 703 B Street Marysville, CA 95901