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HomeMy WebLinkAboutApproval Letter TPM13-0008.pdfButte County Department of Development Services TIM SNELLINGS, DIRECTOR | PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Office (530) 538-7785 Fax www.buttecounty.net/dds October 28, 2015 Candace Grubbs, Trustee Jean A. Osborn Family Trust 420 Dunstone Dr. Oroville, CA 95966 Subject: Approval of Tentative Parcel Map TPM13-0008 at 240 Dresher Tract Road; APN 027-040-056 with Exception Request to Road Standards Dear Ms. Grubbs: At the meeting of the Butte County Zoning Administrator held October 28, 2015, your request for Tentative Parcel Map TPM13-0008 was approved to divide the 35.14+-acre property into 3 parcels containing 23.82+ acres, 5.79+ acres and 5.17+ acres; application includes a request for modification of design standards per BCC 24-4 to allow a 30 foot wide easement with twelve foot wide travel lane and one foot shoulders located on the southern property line of Parcel 1, to provide access to Proposed Parcel 3, all as shown on Revised Tentative Parcel Map dated August 26, 2015. Should you desire to appeal any of the conditions imposed by the Zoning Administrator you must do so in writing, prior to 5:00 p.m., Monday, November 9, 2015 to the: Kim McMillan; Planning Commission Clerk 7 County Center Drive Oroville, California, 95965 The appeal fee of $400.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar-day appeal period, the action of the Zoning Administrator is final. APPROVAL OF PROJECT IS SUBJECT TO PAYMENT OF ALL APPLICABLE FEES. Payment of all applicable fees will be required as a condition of approval for your project or proof of waiver of fees. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. The conditions of approval (attached) must be met within twenty-four (24) months from the date of approval by the Butte County Zoning Administrator (and as may be extended per the Subdivision Map Act) or the approval will be considered null and void. Should you have any questions regarding this matter, please contact me at 530-538-6573 between 7:30 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Stacey Jolliffe Principal Planner cc: Richard Roper, 166 Acacia Ave, Oroville, CA 95966 Attachments: Conditions of Approval EXHIBIT A Tentative Parcel Map for Candice Grubbs on APN 027-040-056, File # TPM13-0008: A request to divide a 35.14+-acre property into 3 parcels containing 23.82+ acres, 5.79+ acres and 5.17+ acres; application includes a request for modification of design standards per BCC 24-4 to allow a 30 foot wide easement with twelve foot wide travel lane and one foot shoulders located on the southern property line of Parcel 1, to provide access to Proposed Parcel 3, as shown on Revised Tentative Parcel Map dated August 26, 2015. I. CONDITIONS OF APPROVAL: Planning Division 1. Mitigation Measure #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: “Dust generated by the development activities shall be kept to a minimum and retained on-site. Follow the air quality control measures listed below: Control Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day’s activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information h. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i. Maintain all construction equipment in proper tune according to manufacturer’s specification. j. Where feasible, give preference to utilizing the following equipment:  Electric equipment  Substitute gasoline-powered for diesel-powered equipment  Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel.  Equipment that has Caterpillar pre-chamber diesel engines, as practical.  Diesel construction equipment meeting the CARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines. k. Construction workers shall park in designated parking area(s) to help reduce dust emissions.” Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on- site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. County building inspectors shall ensure compliance on-site. 2. Mitigation Measure #2: Place a note on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet stating: “Should grading 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 resource 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 such resources 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: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 3. Prior to recordation of the parcel map, demonstrate to the Department of Development Services that the location of the 30-foot non-exclusive easement for ingress and egress shown on the southernmost portion of Proposed Parcel 1 is generally located not less than 50 feet from the seasonal drainage shown on the parcel map, as required by BCC 24-77. The 30-foot right of way (but not the 12’ travel way with one foot shoulders) may encroach into the 50’ Riparian Area as necessary to avoid the rock outcropping, oak trees, and large trees. The alignment of the easement shall be demonstrated on the final parcel map. Public Works 4. Prior to recordation of the parcel 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 parcel 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." 5. All access rights shall be reserved by deed per county ordinance, offered for dedication, and depicted on the parcel map. Place the following note on the parcel 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.” 6. Prior to recordation of the parcel map, demonstrate to the Department of Public Works that there is approved access conforming to county code to each parcel from a publicly maintained road. 7. Prior to recordation of the parcel 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. 8. Prior to recordation of the parcel map, submit road and drainage improvement plans to the Land Development Division for the installation of a standard S-31 road approach in accordance with county improvement standards. Obtain an encroachment permit and construct the road approach prior to recordation of the parcel map. Adequate sight distance at the intersection of access road and shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. 9. Provide a cul-de-sac or building free turn around area designed and constructed as specified in the county improvement standards. The parcel map shall show the cul-de-sac or building free turn around area. 10. Prior to recordation of the parcel map, provide approved access to parcel 3 from a county maintained road. Construct or provide a performance, labor and material bond for construction of improvements to access road in conformance with county improvement standard RS-8 LD-II, 12 feet wide with 4″ of CL II aggregate base. 11. Prior to grading, a construction storm water permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. The permit must be obtained from the State Water Resources Control Board prior to construction. If a construction storm water permit is required, place a note on an additional map sheet that states: “The development of this parcel map requires a construction storm water 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 a permit. Development of individual lots may require an additional permit(s).” 12. Show all easements of record on the parcel map. 13. Prior to recordation of the parcel 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. 14. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Butte County Fire/California Department of Forestry 15. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 16. Prior to building construction, provide an all-weather access of at least 12 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 all structures. 17. 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. 18. Prior to any lot clearing activity or cutting of trees, contact the Butte Area Forester at (530) 872- 6353 to determine the need for a less than 3 acre conversion exemption permit or a timber harvest plan. 19. Ensure all roadways meet current maximum length of cul-de-sac requirements. 20. A pressurized water supply for fire protection will not be required. The developer will install an automatic fire sprinkler system in all new residential structures in accordance with the National Fire Protection Association standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D. Environmental Health Division 21. Place a note on the Parcel Map, or additional map sheet, stating: “Reports that may have been conditions of approval on the tentative map and a list of current county requirements for building site are on file and available for review in the Butte County Department of Development Service and Butte County Public Health Department Environmental Health Division files.” Processing Fees 22. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. II. NOTATION A. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment.