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HomeMy WebLinkAboutMEXT15-0004 - TPM13-0002 Conditions Page 1 of 7 EXHIBIT A Tentative Parcel Map for Karlyn Creitz & Sharleen LeClerc on APN 068-410-002 and 068-410-003, File # TPM13-0002: To divide two parcels 10.1 and 11.03 acres in size into four parcels of at least five acres each. 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. Page 2 of 7 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 #2 (Pre-construction raptor surveys): Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “If project site disturbance or construction occurs between 1 March and 15 September, a qualified biologist will survey the project site within 250 feet of the development area for nesting birds of prey and migratory birds within two weeks prior to the initiation of construction. Results of the preconstruction survey shall be submitted to the Butte County Development Services Department. A. If an active nest is located within 250 ft of the project site, a biologist will monitor the nest weekly during construction to evaluate potential nesting disturbance caused by construction activities. The biological monitor will have the authority to stop construction if construction appears to be resulting in nest abandonment or forced fledging. B. If an active nest occurs in a tree scheduled for removal, the species of bird using the nest will be determined. The nest tree will be preserved until it is outside of the breeding season for that species or until the young have fledged. If construction cannot be delayed until the end of the breeding season, guidance from DFG shall be requested. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the required qualified biologist survey is submitted. Timing: Prior to construction. 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. The Department of Development Services shall ensure that the survey is submitted from a qualified biologist. 3. Mitigation Measure # 3 (Oak Woodlands): Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “For Parcel 3, 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) 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. An Oak Tree Mitigation Plan may be required for Parcels 1, 2 or 4 as a means of demonstrating no significant effect on oak trees as needed to modify building envelopes shown on the parcel map. An Oak Tree Mitigation Plan shall include: 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 Page 3 of 7 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. For oak trees within identified building envelopes (see Mitigation Measure 4, below), each oak tree to be 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. 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; 5) Oak tree preservation and protection shall be incompliance with Attachment B of the Preliminary Arborist Assessment; and 6) 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. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. 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 #4 (Building envelopes): Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet which states: “Structures and site development shall be located only within approved building envelopes, as identified on the parcel map to maintain habitat and oak woodlands on each parcel. The location of building envelope(s) may be modified if it can be demonstrated to the satisfaction of the Director of Development Services that the relocated building envelope provides oak and habitat conservation consistent with resource agency requirements, equal to or better than the building envelopes identified on the parcel map. If approved, relocation of building envelope(s) shall be documented and/or recorded to the satisfaction of the Director of Development Services. Oak tree preservation and protection shall be incompliance with Attachment B of the Preliminary Arborist Assessment.” Page 4 of 7 Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map and on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be satisfied prior to, or in conjunction with, recordation of the map. Monitoring: The Department of Development Services and Public Works Department shall ensure that the building envelope(s) and note is placed on the final map or on an additional map sheet and that the conditions of approval on the tentative parcel map are recorded. The Planning Division shall ensure compliance through the building permit process and routine inspection and review. 5. Mitigation Measure #5 (Cultural Resources): Place a note on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet that states: “Should 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; 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. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner ((530) 538-6579). Should the County Coroner determine 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 note shall be followed during construction of all subdivision 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. 6. Mitigation Measure #6: Place a note on a separate document which is to be recorded concurrently with the Parcel 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 6:00 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.” Page 5 of 7 Plan Requirements: This note shall be placed on a separate document or plat/record of survey attached to the parcel map deed which is to be recorded concurrently with the deed and on all building and site development plans. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The Butte County Department of Development Services shall ensure that the note is placed on a document or plat/record of survey attached to and recorded concurrently with the parcel map deed. At the time of grading and/or building permit application, the Development Services Department will reference this note on all site plans. Butte County Public Works and/or building inspectors shall ensure compliance on-site. Department of Development Services shall investigate all complaints of excess construction-related noise. Public Works 7. 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." 8. 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 nonexclusive 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.” 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 each parcel from a county maintained road and either construct or provide a performance, labor and material bond for the construction of a full street section extension of Fox Ridge Road from the existing cul-de-sac to each parcel to an RS-7 county improvement standard with 2″ AC, 8″ AB, prime coat, fog seal and 95 % relative compaction. Submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction. 11. Prior to recordation of the parcel 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. 12. 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. 13. 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).” 14. Show all easements of record on the parcel map. Page 6 of 7 15. 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. 16. Pay the recording fees in effect at the time the parcel map and related documents are recorded. Butte County Fire/California Department of Forestry 17. 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. 18. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and 20 feet wide for commercial, and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. 19. 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. 20. 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. 21. Ensure all roadways meet current maximum length of cul-de-sac requirements.   Environmental Health Division 22. Prior to recordation of the parcel map, a completed site plan indicating the proven useable wastewater area and any site conditions that influence the location of the wastewater systems on all proposed lots, as well as the location and layout of the existing system on Parcel 1 shall be submitted for review and approval. 23. Provide a letter from South Feather Power and Water indicating that they are willing and able to provide domestic water service to parcels 1 through 4. 24. Place a note on the final map or additional map sheer stating: “Reports that may have been conditions of approval on the tentative map and a list of current county requirements for building sites are on file and available for review in the Butte County Department of Development Services and Butte County Public Health Department Environmental health Division files.”   South Feather Water & Power Agency 25. Deposit of funds sufficient to cover all applicable fees and charges for each parcel. 26. Installation by Agency personnel of four individual water services with backflow devices for the four resulting parcels shall be in accordance with the Agency’s Rules and Regulations at locations specified by the Agency (the cost of which will be the property owner’s responsibility). Processing Fees 27. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. Page 7 of 7 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.