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HomeMy WebLinkAboutMEXT15-0003 - TSM08-0004 Conditions 1 EXHIBIT A Tentative Subdivision Map for Robert Walsh (Diamond Ridge Estates 2) on APN 055-300- 054, File # TSM08-0004: A Tentative Subdivision Map to divide a 6.6-acre parcel into four (4) parcels ranging in size from 1.21 to 2.02 acres. I. CONDITIONS OF APPROVAL: Planning Division 1. Mitigation Measure #1: Place a note on the final map or on an additional map sheet to be recorded with the final map that states: “All exterior residential dwelling lighting and street lighting (if installed) are to be shielded so as to direct light downward. This will reduce illumination of the night sky as well as indirect illumination of surrounding parcels.” Plan Requirements: This note shall be placed on all building and site development plans. If a homeowners association is formed, the condition shall be a requirement of the Covenants, Conditions and Restrictions (CC&Rs). Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: The Department of Development Services and the Department of Public Works shall ensure that the note is placed on the final map or on an additional map sheet to be recorded with the final map and on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. 2. Mitigation Measure #2: The following measures shall apply to all development activities on the project site. Additionally, a note shall be placed 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. 2 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 California Air Resources Board’s (CARB) 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.” 3. Mitigation Measure #3: Show on a separate document which is to be recorded concurrently with the map or on an additional map sheet a 100-foot “No Development Area” measured from the west bank of the creek situated to the east of the project site. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “No development including structures, dumping, fill material, vegetation removal and/or excavation, shall occur within the “No Development Area” as depicted. Limited vegetation removal necessary for flood and fire control is permissible within the “No Development Zone”; however, all living and thriving native trees shall be retained and all vegetation removal shall be approved by the Department of Fish and Game prior to removal.” 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 shown on building and site development plans. Timing: The requirements of this mitigation measure shall be adhered to at all times. Monitoring: The Planning Division 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. The Department of Development Services shall ensure that the note is placed on all building and site plans. Building inspectors shall spot check and shall ensure compliance on-site. 3 4. Mitigation Measure #4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: Prior to the issuance of any development permit (including, but not limited to grading permit, well permit, septic system permit, and building permit), an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee. The Oak Tree Mitigation Plan shall be prepared in accordance with the following: 1) The Oak Tree Mitigation Plan shall show the location of all oak trees deemed suitable for retention, and all oak trees to be removed, in those areas proposed for development, using the factors set out below; 2) Factors used to assess suitability of existing oak trees shall include health, location (in relation to proposed improvements and adjacent residences), and size of the tree. Trees deemed to be unsafe or unhealthy shall be removed; 3) The applicant shall minimize the removal of oak trees deemed suitable for retention; 4) A minimum of 3 native oak trees of 5 gallons or larger size shall be planted for each like species of oak tree removed that is greater than or equal to 5 inches diameter at breast height (DBH). The trees shall be planted in areas deemed appropriate by the Oak Tree Mitigation Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals. Replanting oak trees on-site cannot account for more than one-half of the mitigation. If no suitable location for off-site oak tree planting exists, mitigation shall be completed by one or more of the following: establishing conservation easements, contributing funds for off-site oak woodlands conservation (i.e., Oak Woodlands Conservation fund administered by the California Wildlife Conservation Board), and/or other mitigation measures developed by Butte County. 5) Each oak tree preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities; 6) 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; 7) If any private or public subdivision road easement interferes with the tree zone of any tree deemed suitable for retention, the tree zone can be reduced to accommodate the easement. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the Oak Tree Mitigation Plan is submitted and approved. Timing: The Oak Tree Mitigation Plan shall be submitted 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. 4 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. 5. Mitigation Measure #5: Prior to any development activity, including grading, vegetation removal, or other soil disturbance activities, and prior to recordation of the final map, the applicant/developer shall have an archaeological survey prepared by a qualified professional archaeologist. A copy of the completed survey report shall be submitted to the Planning Division for review and approval. Plan Requirements: N/A Timing: This measure shall be completed prior to any development activity and prior to recordation of the final map. Monitoring: The developer shall be responsible for submitting the archaeological survey report to the Planning Division. The Planning Division shall be responsible for reviewing the archaeological survey report. The Public Works Department shall not record the final map until such time as the archaeological survey report is reviewed and approved by the Planning Division. 6. Mitigation Measure #6: Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet and all building and site development plans that states: “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 150 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resources 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 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: 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 5 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. Land Development Division 7. Mitigation Measure #7: Prior to any grading on the site, 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 Final Map required 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).” Plan Requirements: A copy of the approved Storm Water Pollution Prevention Plan (SWPPP) shall be attached to all building and site development plans. Timing: The requirements of the approved Storm Water Pollution Prevention Plan shall be adhered to at all times. Monitoring: The applicant or his/her successors, heirs, assigns are responsible for ensuring compliance with the Storm Water Pollution Prevention Plan. The California Regional Water Quality Control Board and the Butte County Public Works Department will respond to any storm water runoff problems. 8. Mitigation Measure #9: Prior to recordation of the final map, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained onsite and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. If storm drainage facilities serve new public roads, the developer must complete the formation of a county service area (CSA), zone of benefit within a permanent road division (PRD), or other Department of Public Works approved entity prior to recordation of the final map. The formation process will require the developer to fund the service until the beginning of the first fiscal year in which service charges can be collected and agree to an annual maximum service charge to ensure continued operation of the facilities. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to approval of the improvement plans, and the required drainage improvements constructed or bonded for construction prior to recordation of the Final Map. 6 Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction prior to recordation of the Final Map 9. 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.” 10. Prior to the recordation of the final 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. 11. Prior to or concurrently with the recordation of the final map, relinquish abutter's rights of access to Butte County along the Pentz Road frontage of parcel 1. Relocate driveway access to Street A. 12. Prior to recordation of the final map, provide street name signs per requirements of the Department of Public Works. Street names shall be reviewed by the county address coordinator and one name for each new street shall be recommended to the Board of Supervisors for approval prior to recordation of the final map. A minimum of five alternate names for each new street shall be submitted. 13. Prior to final road inspection, install all necessary traffic safety signs including stop signs. 14. Prior to recordation of the final map, obtain an encroachment permit and remove existing driveway approach to Pentz Road per the terms of the encroachment permit. 15. Provide a cul-de-sac designed and constructed as specified in the county improvement standards. The final map shall show the cul-de-sac. 16. Prior to the recordation of the final map, construct or provide a performance bond and labor and material bond for the construction of a full street section on Street A to an RS- 2C county improvement standard with rolled curb, gutter, and sidewalk, 3″ AC, 12″ AB, prime coat, fog seal and 95 % relative compaction. Submit design to the Land Development Division for approval prior to construction. “R” value determination and other data may be required to support the section design. Form a zone of benefit or other approved maintenance entity within the county’s permanent road division for operation and maintenance of interior street and storm drain facilities. 17. Street lighting shall be provided in accordance with Butte County requirements, accepted design criteria, and recommendations of Pacific Gas & Electric Company. Where the County has determined that it is not detrimental to health and safety, the developer may choose to only install electrical outlets for streetlights. If streetlights are to be installed, the annual energy costs shall be funded through a county service area (CSA), zone of benefit within a permanent road division (PRD), or other entity as approved by the public works director. The developer must complete the formation of the CSA, zone of benefit within a PRD, or other approved entity prior to recordation of the final map. The formation process will require the developer to fund the service until the beginning of the first fiscal year in which service charges can be collected and to agree to an annual maximum service charge to ensure continued operation of the facilities. 7 18. Prior to the recordation of the Final Map, obtain an encroachment permit and construct a standard S-18B road approach in accordance with County Improvement Standards. Adequate sight distance at the intersection of access road and Pentz Road shall be provided. 19. 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. 20. Show all easements of record on the final map. 21. Prior to or concurrently with 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. 22. Pay the recording fees in effect at the time the final map and related documents are recorded. 23. Prior to recordation of the final map, a preliminary soils report or acceptable soils waiver letter 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. 24. Prior to recordation of the final map, submit plans to the Land Development Division for the installation and construction of a gate and road improvements in conformance with Butte County Code Section 20-50.5. Construct or provide a performance bond and labor and material bond for the construction prior to recordation of the final map. CalFire/Butte County 25. Mitigation Measure #8: A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Chief. Average required hydrant spacing 500 feet, hydrant size 6 inches, and residual fire flow 1,000 gpm. Submit plans to the Fire Department for review and approval prior to construction. Plan Requirements: Place a note on a separate document and recorded concurrently with the Final map or an additional map sheet stating that “Prior to construction, a pressurized community water system for fire protection is required. Bonding could be allowed with approval of the Fire Chief.” Timing: The pressurized community water system shall be installed and approved prior to the issuance of building permits, or bonded if approved by the Fire Chief. Monitoring: The Butte County Fire Department/California Department of Forestry and Fire Prevention is responsible for ensuring that the pressurized community water system is installed and inspected. The Department of Development Services shall not issue any building permits until the pressurized community water system is functioning, or bonded if approved by the Fire Chief. 8 26. 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.” 27. Prior to building construction, provide an all weather access of at least 10 feet wide 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. 28. Place a note on a separate document, which is to be recorded concurrently with the final map, or on an additional map sheet stating, “Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. Environmental Health Division 29. Identify on the map or on an additional map sheet a 100-foot leach field free setback from each existing well within 100 feet of property lines. 30. Identify on the map or on an additional map sheet a 100-foot leach field free setback from the high water line of the creek on lots 3 and 4. 31. Identify on the map or on an additional map sheet unsuitable sewage disposal areas. 32. Prior to recordation of the Final Map, provide a letter or other documentation from Del Oro Water Company stating that they are willing and able to supply domestic water to lots 1 through 4. 33. Place a note on the Final Map or on an additional map sheet that states, “Development of lots 1 though 4 will require connection to a public water supply.” Processing Fees 34. Prior to recordation of the Final Map, pay any outstanding project-related processing fees, and/or Department of Fish and Game fees. County Counsel 35. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. 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 9 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.