HomeMy WebLinkAboutTSM20-0002-PC COA_Approved◼Butte County Department of Development Services ◼
◼ November 10, 2022 ◼ Conditions of Approval – Butte Vista Estates TSM20-0002/Robb Brown ◼ Page 1 ◼
EXHIBIT A
Tentative Subdivision Map (Butte Vista Estates) for Robb Brown on APN: 031-190-034; File #
TSM20-0002: Tentative Subdivision Map subdividing 9.7 acres, situated in the MDR (Medium Density
Residential, 6,000 square foot minimum) zone. The Project creates forty (40) single-family residential lots,
ranging in size from 6,500 to 11,873 square feet. Future development of single-family residences will be
consistent with the MDR zoning designation. Access to the lots will be via a new road, accessed off Plumas
Avenue. Thermalito Water and Sewer District will provide domestic water and sewer service to the lots.
The project site is located on the north side of Plumas Avenue, between 10th Street and Hardnett Court,
Thermalito, in the unincorporated area of Butte County. Assessor Parcel Number: 031-190-034.
I.CONDITIONS OF APPROVAL:
Planning Division, Department of Development Services
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.
November 10, 2022
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◼ November 10, 2022 ◼ Conditions of Approval – Butte Vista Estates TSM20-0002/Robb Brown ◼ Page 2 ◼
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 revegetation 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.
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◼ November 10, 2022 ◼ Conditions of Approval – Butte Vista Estates TSM20-0002/Robb Brown ◼ Page 3 ◼
• 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 onsite. 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.
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◼ November 10, 2022 ◼ Conditions of Approval – Butte Vista Estates TSM20-0002/Robb Brown ◼ Page 4 ◼
Plan Requirements: Perform protocol-level surveys for migratory birds protected by the California
Department Fish & Game Code and the Migratory Bird Treaty Act. This measure shall be recorded on
an additional map sheet to the Parcel Map.
Timing: Requirements of the condition shall be adhered to prior to and during construction activities
planned to occur during nesting seasons for CDFC and MBTA species (between February 1 and August
31). If an active nest is discovered outside of the typical nesting season, it shall be avoided using the
same avoidance measures that would be applied during the typical nesting season.
Monitoring: The Butte County Department of Development Services and the Public Works
Department shall ensure that the note is recorded an additional map sheet of the Parcel Map. Department
of Development Services shall ensure the condition is met at the time of construction activities
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
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◼ November 10, 2022 ◼ Conditions of Approval – Butte Vista Estates TSM20-0002/Robb Brown ◼ Page 5 ◼
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, septic, or well permit, or the approval of any improvement plans on
the parcels.
Monitoring: The Butte County Department of Development Services and Department of Public Works
shall ensure that the note is placed on a separate document which is to be recorded concurrently with
the map or on an additional map sheet. At the time of septic, well, or building permit application, the
Development Services Department will reference this requirement on any grading, building, septic, or
well permit site plans and verify that 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
Place a note on a separate document which is to be recorded concurrently with the map or on an
additional map sheet that states: “Should development activities reveal the presence of 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 cease
immediately until a qualified professional archaeologist can be consulted to evaluate the remains and
implement appropriate mitigation procedures. Should human skeletal remains be encountered, state
law requires immediate notification of the county coroner. Should the county coroner determine that
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◼ November 10, 2022 ◼ Conditions of Approval – Butte Vista Estates TSM20-0002/Robb Brown ◼ Page 6 ◼
such 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.”
Plan Requirements: The required note shall be placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet and on all building and site development plans.
Timing: This measure shall be implemented during all site preparation and construction activities.
Monitoring: The Department of Public Works and the Department of Development Services shall
ensure that the required 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 Department
of Development Services shall coordinate with the developer and appropriate authorities to avoid
damage to cultural resources and determine appropriate action.
5. Mitigation Measure NOI-1
Place the following note on a separate document which is to be recorded concurrently with the map or
on an additional map sheet that states: “To reduce construction-generated noise the developer shall
implement the following measures to mitigate construction noise throughout all construction periods:
1. Limit construction activity to daytime hours (7:00 a.m. to 5:00 p.m.) with no construction activity
on Sundays or holidays;
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: 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: 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.
6. The collection of fees pursuant to Fish and Game Code Section 711.4 is required prior to filing a CEQA
Notice of Determination for the Project unless the project proponent provides verification from the
California Department of Fish and Wildlife the Project is exempt from the fee requirement. If a required
fee is not paid for a project, the Project will not be operative, vested or final, and any local permits
issued for the Project will be invalid (Section 711.4 (c) (3)).
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◼ November 10, 2022 ◼ Conditions of Approval – Butte Vista Estates TSM20-0002/Robb Brown ◼ Page 7 ◼
7. Prior to recordation of the Final Map, pay any outstanding project-related processing fees.
8. All new exterior lighting on the resultant parcels shall comply with Chapter 24, Section 67 of the Butte
County Code, Outdoor Lighting Standards. Exterior lighting shall be located, adequately shielded, and
directed such that no direct light falls outside the property line or into the public right-of-way. Flashing,
flickering, or other lighting that is distracting or may be confused with traffic or emergency signals
shall be prohibited.
9. Prior to recordation of the Final Map, the property owner shall record a declaration acknowledging the
right to farm, pursuant to Chapter 35 of the Butte County Code (Agricultural Statement of
Acknowledement).
Land Development Division, Department of Public Works
Streets
10. 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.”
11. Prior to the 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 the recordation
of the final map. A minimum of five alternate names for each new street shall be submitted.
12. Prior to the final road inspection, install all necessary traffic safety signs including stop signs.
13. Prior to the recordation of the final map, submit subdivision improvement plans that include lot grading,
road, and drainage improvement plans to the Land Development Division in accordance with County
improvement standards and, as applicable, the City of Oroville Improvement Standards.
14. Obtain an encroachment permit for work to be performed in the County right of way.
15. Provide a cul-de-sac or building-free turnaround area designed and constructed as specified in the City
of Oroville Standard for Residential Cul-de-sac. The final map shall show the cul-de-sac or building-
free turnaround area.
16. Prior to the recordation of the final map, construct or provide a performance, labor, and material bond
for the construction of street frontage improvements on Plumas Ave. Construct improvements along
the entire parcel frontage (including street frontage of Assessor’s Parcels #031-190-034, 031-190-011
and 031-190-035) in conformance with the City of Oroville Standard for Residential Streets.
17. Prior to the recordation of the final map, construct or provide a performance, labor and material bond
for the construction of all interior streets with curb, gutter, and sidewalk in conformance with the City
of Oroville Standard for Residential Streets. Submit roadway design and improvement plans to the
Department of Public Works for approval before the start of construction.
18. Prior to the recordation of the final map, form a county service area (CSA), zone of benefit within a
permanent road division (PRD), or other entity as approved by the public works director for the
◼ Butte County Department of Development Services ◼
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operation and maintenance of interior streets, lighting, street storm drain facilities, and landscaping, if
applicable.
19. 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 before the start of street paving operations. Testing of 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 mix design.
20. Street lighting shall be provided in accordance with the requirements of the City of Oroville Standard
for Street Light Locations. 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.
21. The developer must complete the formation of the CSA, zone of benefit within a PRD, or other
approved entity prior to the 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 the continued operation of the
facilities.
22. Prior to recordation of the final map, raise the height of the existing stop signs along Plumas
Avenue from the project to 5th Avenue consistent with Butte County Standard S-13 “Street and
Sign Post Details.” The applicant must obtain an Encroachment Permit from the Butte County
Department of Public Works prior to the start of this work.
23. Prior to recordation of the final map, restripe existing crosswalks and stop sign striping on
Plumas Avenue from the project to 5th Avenue consistent with Butte County Standard ST-18
“Typical Stop Intersection.” The applicant must obtain an Encroachment Permit from the
Butte County Department of Public Works prior to the start of this work.
24. Prior to the recordation of the final map, pay applicable traffic impact fees per Article XXII of the Butte
County Code of Ordinances.
Drainage
25. 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 the pre-development condition for all storm events (including a 100-
year event), and no increase in stormwater volume over the design storm duration to said channel or
facility. If infiltration trenches or swales are used to retain stormwater runoff from storm events larger
than 10 years, the infiltration rate (minutes per inch) shall not be faster than the rate obtained using the
Environmental Health Department test procedure using a correction factor of 3 (three). Adequate
drainage paths shall be considered in the drainage design to guide floodwaters around and away from
proposed structures. Prior to the final improvement inspection, the design dimensions and volume of
detention facilities shall be confirmed using a topographic land survey by the engineer of record.
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◼ November 10, 2022 ◼ Conditions of Approval – Butte Vista Estates TSM20-0002/Robb Brown ◼ Page 9 ◼
26. Prior to the recordation of the 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 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 the annual inflation increase to ensure the continued operation of the facilities.
27. 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.
28. Prior to the recordation of the final map, pay applicable drainage impact fees per Article XI, Chapter 3
of Butte County Code.
Compliance with Butte County Stormwater Ordinance
29. 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 before 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 the 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.”
Final Map
30. Show all easements of record on the final map.
31. Prior to the 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.
32. Pay the recording fees in effect at the time the final map and related documents are recorded.
33. Prior to the recordation of the final map, a preliminary soil 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.
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Butte County Fire Department/Cal Fire
34. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on
parcels/lots 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
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.
36. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and
a vertical clearance of 13’-6” that will allow for ingress and ingress and accommodate a 40,000-pound
fire apparatus to within 150 feet of any point on all structures.
37. Pressurized community water system must be install and operational prior to combustible building
materials arriving on site.
Butte County Public Health Environmental Health Division
38. Place a note on a separate document to be recorded concurrently with the final map or on an additional
map sheet that states: “All lots shall connect to Thermalito Water & Sewer District for water and sewer.
39. Prior to improvement plan approval, provide a Will Serve Letter from Thermalito Water & Sewer
District, allowing connection to the public water system.
Thermalito Water and Sewer District (TWSD)
40. The District is willing and able to serve the above referenced parcels once water & sewer connection
fees have been paid per TWSD Policy No. 1.210.
41. Three (3) sets of improvement drawings shall be submitted to TWSD for review and approval prior to
construction. The District shall approve, in advance and in writing, the plans and specifications for all
water and sewer installations up to, and including, the water connection on each parcel. All plans must
be submitted in accordance with District Improvement Standards. The District will sign off on its
portion of the improvement plans when Butte County Development Services has informed the District
that all the County plan requirements have been met and the County is prepared to sign and release the
improvement plans. Be advised that the County requires that District improvements be included with
the County submittal package.
42. The water and sewer installations shall be completed in a good and workman like manner in accordance
with TWSD policies and standards. All work shall be subject to inspections and acceptance, in writing,
by the District’s Manager or Engineer.
43. You shall be solely responsible for any and all off-site improvements necessary for the provision of
water and sewer service. The District shall approve the plans and specifications for such off-site
improvements in advance and in writing.
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44. The water and sewer installations shall be warranted to be free of any and all defects in materials and
workmanship for a period of three years from and after their acceptance by the District. Should any
repair of on- and off-site defects/deficiencies in materials or workmanship in the water and sewer
installations arise during such three-year period, you immediately upon written notice of the defect by
the District, shall make all repairs in a good and workmanlike manner at your sole cost and expense.
All repairs will be subject to inspection and acceptance, in writing, by the District’s Manager or
Engineer. Should you not do so, the District may undertake but shall not be obligated to perform such
repair, in which event your Maintenance Bond, as specified in TID Policy 7165, will protect the District
against the results of faulty materials, poor workmanship, or defective equipment.
45. Per District Policy 7165, the Developer will pay the associated Plan Check and Inspection fees based
upon an Engineer’s Estimate of the work to be performed; this policy is included with this letter.
46. You shall grant to the District in form acceptable to the District any and all public utility easements
necessary to assure District’s use of and access to such water and sewer installations. All ownership of
facilities will be conveyed to the District.
47. Be advised, system demand and fire flow conditions may be deficient at the site, and the Developer
will be responsible for a hydraulic study of the demand this project will require of the District’s
facilities. To insure that system demands, including combined fire flow and peak flow, are met, refer
to the District’s Improvement Standards, Water System Design Standards: “The hydraulic analysis for
the pipeline network serving the proposed development may be performed by the Hardy-Cross method,
and shall be prepared by the Developer, and shall be submitted to the District for review and approval
by the District’s engineer.” Before this study is preformed, contact the District office for any updates.
All fire hydrants and their appurtenances that are located in the street right-of-way will become the
property of the City/County to own and maintain.
48. If it is determined that the project requires any unusual improvements such as a booster station, lift
station, well or other such improvement, you shall be solely responsible for installing such. The District
shall approve the plans and specifications for such improvement in advance. You shall also provide a
financial impact analysis for the operation and maintenance of such improvement and a method such
as an assessment district for funding such, including “gap” funding during start-up.
49. All subdivisions with fifteen parcels or more may be required to dedicate a municipal well site parcel
with the dimensions, not less than 100 feet by 100 feet, in fee title interest to Thermalito Water & Sewer
District, together with an adequate easement for ingress and egress at such well site per TWSD Policy
1200 Rule 24.
50. Should this development have more than fifteen parcels and, as such, it will be required to provide a
dedicated potable water sampling station to assist the District in meeting Department of Public Health
requirements for providing locations to collect biological and quality control samples. The District will
specify the manufacture, and installation details and location of the sample station. Contact the District
for further details.
51. A Developer Agreement and Capacity Study shall be conducted per Sewerage Commission – Oroville
Region (SCOR) policy and standards if the project consists of more than 20 equivalent dwelling units.
◼ Butte County Department of Development Services ◼
◼ November 10, 2022 ◼ Conditions of Approval – Butte Vista Estates TSM20-0002/Robb Brown ◼ Page 12 ◼
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 major or significant shall
require a formal application for amendment.