Loading...
HomeMy WebLinkAboutMEXT16-0001 ZA DeterminationPage 1 of 15 ATTACHMENT A ZONING ADMINISTRATOR DECISION ZDN16-0012 May 25, 2016 APPROVING MAP EXTENSION MEXT16-0001 (Ashlock) I. The Zoning Administrator has reviewed and considered MEXT16-0001 for Jeff Ashlock, in accordance with Chapter 20 Subdivisions, Section 20-68 Extension of Time, of the Butte County Code for Assessor’s Parcel Number 078-090-043 and 078-090-044, and finds: A. The Planning Commission previously approved Tentative Subdivision Map TSM06-0012 (Ashlock) and adopted an Initial Study/Mitigated Negative Declaration on June 11, 2010. B. The map received two State automatic extensions, which extended the map to June 11, 2016. B. The applicant is requesting a six (6) year extension to June 11, 2022 to complete the conditions of approval and record the map. C. The request for map extension was referred to various affected public and private agencies, County departments, and referral agencies for review and comments. D. A duly noticed public hearing was held on May 25, 2016; and II. Approves Map Extension MEXT16-0001 for Jeff Ashlock, subject to the following findings: A. The request for map extension was made in a timely manner on April 19, 2016, prior to the expiration date of the conditionally approved tentative map. B. The extension of time is granted until June 11, 2022 for good cause, namely for more time in order to complete subdivision improvement requirements, comply with the conditions of approval, and record the final map. C. The underlying map which is now being extended conforms to the tentative subdivision map approved by the Butte County Planning Commission on April 22, 2010 with the adoption of Resolution PC10-10. D. Mitigation Measures and Conditions from TSM06-0012 in Exhibit A of Resolution PC10-10 are carried forward with the map extension. E. No change to the project, circumstances under which the project is undertaken, or the physical environment had occurred that would cause new environmental effects or an increase in severity of environmental effects. No subsequent environmental review is required. Page 2 of 15 EXHIBIT A Tentative Subdivision Map for Jeff Ashlock on APN 078-090-043 and 078-090-044, File # TSM06- 0012: An application for a phased Tentative Subdivision Map to subdivide the 49.95 acres (two parcels) into four land use areas: single-family residential, multi-family residential, commercial and open space. The single- family residential will include 65 lots (53 standard and 12 custom). The multi-family area includes eight (8) parcels that will be developed with 125 dwelling units. The commercial area includes approximately 14 acres. The project also proposes approximately 11.4 acres of open space (trails/detention ponds). I. CONDITIONS OF APPROVAL: Planning Division 1. Mitigation Measure #1: Roadside Landscaping Landscaping shall be installed when feasible in lots along road frontage of Ophir Road and Lincoln Boulevard in order to improve the visual character of the site and to provide a visual barrier against new sources of light and glare. Plan Requirements: This mitigation shall be included as a condition of the subdivision. Timing: The provisions of this mitigation shall be implemented during the post-construction phase of the project. Monitoring: The Development Services Department shall ensure compliance through final inspections. 2. Mitigation Measure #2: Lighting and Glare All lighting for commercial uses shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. Residential security and night lighting shall not exceed 0.1 lumens at the edges of the property. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting roadway. Plan Requirements: This mitigation shall be placed as a condition of the subdivision. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. 3. Mitigation Measure #3: 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. Page 3 of 15 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. Idling time shall not exceed to 10 minutes for any diesel engine. k. 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. l. 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. 4. Mitigation Measure #4: Nesting Migratory Birds and Raptors Prior to initiation of any ground disturbing/construction activities during the nesting season (between 1 March and 15 September), the area within 0.5 mile of the proposed disturbed area must be surveyed by a qualified biologist for active raptor and migratory bird nests during the appropriate nesting period Page 4 of 15 for the species. All raptor and migratory bird nests on the project site should be avoided until young have fledged in accordance with the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712; Ch. 128; July 13, 1918; 40 Stat. 755) as amended. A. If an active nest is located within 0.5 mile of the project site, a biologist will monitor the nest weekly during construction to evaluate potential disturbance to nesting from construction activities. The monitor will have the authority to stop construction if it appears to be resulting in nest abandonment or forced fledging. Following a review of the breeding pair's behavior, CDFG will determine whether project activities in the area may continue during the nesting season and, if so, the conditions under which they may continue. 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 CDFG shall be requested. Plan Requirements: Preconstruction migratory birds and raptor surveys shall be accomplished 30- days prior to construction during the breeding season. Any identified nests shall be marked and identified with a 500-foot no-disturbance buffet until young have fledged Timing: Prior to construction. Monitoring: The Butte County Department of Development Services 5. Mitigation Measure #5: Vernal Pool Invertebrates Impacts to special status shrimp habitat shall be avoided to the maximum extent practicable. These listed species include Branchinecta conservatio (Conservancy fairy shrimp), Branchinecta longiantenna (longhorn fairy shrimp), Lepidurus packardi (vernal pool tadpole shrimp), and Branchinecta lynchi (vernal pool fairy shrimp). Less than one quarter of acre of habitat will be affected, including habitat that is filled or otherwise destroyed (directly affected) and habitat indirectly affected by the project. Habitat indirectly affected includes all habitat supported by destroyed upland areas and swales, and all habitat otherwise damaged by loss of watershed, human intrusion, introduced species, and pollution caused by the project. If the reach of indirect effects cannot be determined definitively, all habitat within 250 feet of proposed development may be considered indirectly affected. A. For every acre of habitat directly or indirectly affected, at least two vernal pool credits will be dedicated within a USFWS-approved preservation bank, or, based on USFWS evaluation of site- specific conservation values, three acres of vernal pool habitat may be preserved on the project site or on another non-bank site approved by the USFWS. B. For every acre of habitat directly affected, at least one vernal pool creation credit will be dedicated within a USFWS-approved habitat mitigation bank, or, based on USFWS evaluation of site-specific conservation values, three acres of vernal pool habitat will be created and monitored on the project site or on another non-bank site as approved by the USFWS. C. If habitat is avoided (preserved) on site, then a USFWS-approved biologist (monitor) will inspect any construction-related activities at the proposed project site to ensure that unnecessary take of listed species or destruction of their habitat does not occur. The biologist will have the authority to stop all activities that may result in such take or destruction until appropriate corrective measures have been completed. The biologist also will be required to immediately report any unauthorized impacts to the USFWS and the California Department of Fish and Game. D. Single rail fencing will be placed and maintained around any avoided (preserved) vernal pool or vernal swale habitat to prevent impacts from vehicles. Page 5 of 15 E. All construction personnel will receive instruction regarding the presence of listed species and the importance of avoiding impacts to these species and their habitat. F. The applicant will ensure that activities that are inconsistent with the maintenance of the suitability of remaining habitat and associated on-site watershed are prohibited. This includes, but is not limited to: (i) alteration of existing topography or any other alteration or uses for any purposes, including the exploration for or development of mineral extraction; (ii) placement of any new structures on these parcels; (iii) dumping, burning, and/or burying of rubbish, garbage, or any other wastes or fill materials; (iv) building of any new roads or trails; (v) killing, removal, alteration, or replacement of any existing native vegetation; (vi) placement of storm water drains; (vii) fire protection activities not required to protect existing structures at the project site; and (viii) use of pesticides or other toxic chemicals. G. Before implementation of each proposed project, the USFWS will be supplied with a 7.5 minute U. S. Geological Survey topographic map that clearly delineates the project area and habitat contained within this area. Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the final map. Timing: Prior to fill or any wetlands on site. Monitoring: The Butte County Department of Development Services shall ensure that vernal pool mitigation credits have been purchased according to USFWS specifications before wetland fill occurs. Butte County building inspectors shall ensure compliance with fencing requirements on-site. 6. Mitigation Measure #6: Oak Trees 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 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 that includes: 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. Each oak tree to be preserved shall be surrounded Page 6 of 15 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; 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. 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. 7. Mitigation Measure #7: Place a note on the final map or on an additional map sheet to be recorded with the final map that states: “All street lighting is 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 and open space area.” 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. 8. Mitigation Measure #8: Cultural Resource Protection Place a note on a separate document which is to be recorded concurrently with the Final Map or on an additional map sheet and on all building and site development plans that states: “Should grading activities reveal the presence or 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. 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. Page 7 of 15 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 development activities. Monitoring: 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. 9. Mitigation Measure #12: The houses built on single-family residential lots numbered 48, 49, 50, and 51 shall have walls and windows capable of attenuating external noise by 35 dB. Plan Requirements: The note shall be placed as a condition of final map approval. Timing: Requirements of the condition shall be reflected in final grading plans. Conditions shall be adhered to throughout all construction periods. Monitoring: The Department of Development Services shall spot check to ensure monitoring compliance. 10. Mitigation Measure #13: Buildings developed on commercial lots numbered 73, 74, 75, 76, 79, 80, 81, and 82 shall include windows with a Sound Transmission Class (STC) rating of at least 30 dB. Plan Requirements: The note shall be placed as a condition of final map approval. Timing: Requirements of the condition shall be reflected in final grading plans. Conditions shall be adhered to throughout all construction periods. Monitoring: The Department of Development Services shall spot check to ensure monitoring compliance. 11. Mitigation Measure #14: Construction activities shall be limited to between the hours of 7AM and 7PM with no construction activity on Sundays or holidays. The primary contractor shall be responsible for ensuring that all construction equipment is properly tuned and maintained. When feasible, existing power sources, such as power poles, or clean fuel generators should be used, rather than temporary power generators. Minimize idling time to 10 minutes. 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. The Department of Development Services shall investigate all complaints of excess construction-related noise. 12. Mitigation Measure #15: Proportional Roadway and Intersection Improvement Fees The project applicant/developer shall either: 1. Pay fees proportional to the project’s fair share of costs of needed roadway and intersection improvements for those intersections and roadways within the Las Plumas and surrounding area warranting improvements due to project-related or cumulative traffic impacts; 2. Participate in funding an Impact Study and paying the fee identified; or 3. Pay fees as approved by other County fee program. Page 8 of 15 Plan Requirements: The note shall be placed as a condition of final map approval. Timing: Requirements of the condition shall be reflected in final plans. Collection of fees shall be based on which option the developer chooses. Monitoring: None. 13. Mitigation Measure #16: Frontage Improvement The project applicant/developer shall be required to construct all road frontage improvements on or before construction begins on commercial and residential units. Frontage improvements may be constructed in a phased manner with each phase of project development. Frontage improvements along Ophir Road shall extend to the easternmost project access in order to remain consistent with Butte County objectives to preserve the rural character of the area. Plan Requirements: The note shall be placed as a condition of final map approval. Timing: Requirements of the condition shall be reflected in final plans. Conditions shall be adhered to throughout all construction periods. Monitoring: The Department of Public Works shall review improvements to ensure compliance. 14. Mitigation Measure #17: Interior Signage Stop signs shall be placed at each exit from the project site to Ophir Road and Lincoln Boulevard. Plan Requirements: The note shall be placed as a condition of final map approval. Timing: Requirements of the condition shall be reflected in final plans. Conditions shall be adhered to throughout all construction periods. Monitoring: The Department of Public Works shall check to ensure compliance prior to issuance of any Building Permits. 15. Mitigation Measure #18: Driveway Limitations The northernmost Lincoln Boulevard driveway and the westernmost Ophir Road driveway shall be limited to right turns only due to potentially problematic left turns near the Lincoln Rd/Ophir Rd intersection. Signage indicating this limitation shall be installed along these driveways so as to be clearly visible to exiting traffic. Plan Requirements: The note shall be placed as a condition of final map approval. Timing: Requirements of the condition shall be reflected in final plans. Conditions shall be adhered to throughout all construction periods. Monitoring: The Department of Public Works shall review to ensure compliance. 16. Mitigation Measures #19: Street lighting is required for public safety and shall be provided in accordance with Butte County requirements, accepted design criteria, and recommendations of Pacific, Gas & Electric Company. The developer shall install the streetlights, as required, and pay energy costs and maintenance through forming a Lighting and Landscaping District (LLD), annexing into an existing Lighting and Landscaping District, forming a County Service Area (CSA) for publicly maintained roads or forming a Homeowners Association for non-publicly maintained roads and facilities. The maintenance method(s) chosen shall be formed prior to recordation of the Final Map. The district formation or CSA 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: All requirements shall be shown or noted on Subdivision improvement plans. Page 9 of 15 Timing: Prior to recording of Final Map, compliance with above mitigation is required. Monitoring: The Department of Development Services and Department of Public Works shall review the lighting plan to be in conformance with Butte County requirements. 17. Mitigation Measure #21: Capacity/Mitigation Agreement Prior to recording the Final Map and following completion of a capacity impact study, the Applicant/Developer shall enter into a Capacity/Mitigation Agreement or functional equivalent with SC-OR and LOAPUD, or other means as approved by SC-OR and LOAPUD, in provision of future wastewater treatment and disposal services. If the Applicant decides to proceed with development of the project and secure wastewater collection and treatment services, the Applicant shall meet with SC- OR and LOAPUD and negotiate the scope of required improvements, the timing of improvements, the financing and construction of improvements, and all other requirements of SC-OR and Collector roughly proportional to the impact of the proposed project. Plan Requirements: Submit executed Capacity/Mitigation Agreement or functional equivalent to the Department of Public Works. Timing: The Capacity/Mitigation Agreement or functional equivalent shall be submitted prior to recordation of the Final Map. Monitoring: The Department of Development Services shall ensure that the required Capacity/Mitigation Agreement or functional equivalent is submitted prior to recordation of Final Map. 18. Mitigation Measure #22: SC-OR Progress Monitoring and Reporting Prior to issuance of Building Permits, the County shall ensure that periodic re-evaluation of actual growth rates and available wastewater collection and treatment capacities has been conducted by SC- OR and a record of this periodic re-evaluation is on file with the County. Records of this periodic re- evaluation shall not be more than 2 years old at the time of issuance of Building Permits. Should SC- OR determine that either rates of development have substantially changed from estimates used in the 2009 Capacity Impact Study, or that Project development is occurring on a longer schedule than that assumed in the original Capacity Impact Study, SC-OR may, at their discretion, require the applicant/developer to fund an update of the Capacity Impact Study prior to the issuance of building permits. Plan Requirements: The applicant/developer shall submit periodic re-evaluation, performed or approved by SC-OR, of available capacity as compared to actual project buildout and area growth rates to the Department of Public Works. If re-evaluation determines substantial changes in growth rates as compared to those used in the Dec. 16, 2009, Capacity Impact Study, an updated Capacity Impact Study may be, at the discretion of SC-OR, required prior to issuance of additional Building Permits. Timing: Periodic re-evaluation of project progress shall occur at a minimum of every 2 years during phased construction. A record of this re-evaluation shall be submitted to the Department of Public Works and filed with the Final Map. Monitoring: The Department of Public Works shall ensure that the required periodic re-evaluations have been submitted prior to issuance of building permits. 19. Mitigation Measure #23: Construction or Modification of Sewer Collection Facilities Prior to recordation of Phased Final Maps, the applicant/developer shall construct new and/or modify existing sewer collection facilities according to plans and specifications in conformance with LOAPUD Improvement Standards and Policies. Construction of facilities may proceed along a phased implementation design with approval from LOAPUD. Plan Requirements: LOAPUD shall approve plans and specifications prior to issuance of building permits. Page 10 of 15 Timing: Applicant shall submit approved plans prior to recordation of Final Map Monitoring: The Department of Development Services shall ensure that the required plans are submitted prior to approval of the Final Map. Field inspections shall verify compliance. 20. Mitigation Measure #24: Water Main Extension Prior to recordation of first Phased Final Map, the 12” water main (from the South Feather Water and Power Agency’s existing main along Lincoln Boulevard) along the Ophir Road frontage of APN 078- 090-043 to the easternmost project access point along Ophir Road, shall be installed or bonded for construct or provide a performance bond and labor and material bond for the construction as approved by South Feather Water and Power Agency. Plan Requirements: South Feather Water and Power Agency shall approve plans and specifications prior to issuance of recordation of the first Phase. Timing: Applicant shall complete prior to recordation of Final Map Monitoring: The Department of Development Services shall ensure that the improvements are installed or bonded for prior to recordation of the first Phased Map. 21. The Department of Development Services (DDS) is responsible for monitoring the landowner’s compliance with all map conditions of approval as detailed above. As the cost of ongoing monitoring of Mitigation Measures and Conditions of Approval is not included in the County’s map application fees, at the discretion of the Director of DDS (Director), the cost of DDS staff time directly related to the monitoring of compliance with map conditions of approval will be billed to and borne by the landowner at the established DDS Planning Division hourly rate. The current fee amount established in Butte County Code and implementing resolutions for Mitigation Measure and Condition of Approval Monitoring (currently $1,510) shall be paid within 30 days of the date of project approval. Regarding the monitoring of relevant mitigation measures and conditions of approval after approval and/or recordation of the map, the landowner shall maintain this fee with DDS in an amount (not to exceed the established maximum) at a level determined by the Director to ensure adequate ongoing mitigation measure and condition of approval monitoring. Mechanisms which may be used by the County to address failure by the landowner to maintain the adequate fee amount may include but are not limited to ”stop work” orders, denial of building permits and/or certificates of occupancy, revocation of project approval and imposition of performance bonds at the discretion of the Director of DDS. 22. Payment of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If the required fee is not paid for the 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)). 23. This tentative subdivision map is inconsistent with the current I (Industrial) General Plan designation and the M-1 (Light Industrial) zoning district and not operative or entitled until the related General Plan Amendment (GPA06-0005) and Rezone (REZ06-0005) applications are approved by the Board of Supervisors. 24. Prior to recordation of the Final Map, the owner shall execute a declaration acknowledging Butte County’s Right-to-Farm Ordinance pursuant to Butte County Code Section 35-8. This note shall be recorded by the Director of the Department of Development Services in the Office of the County Recorder upon the granting of the development approval. 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 the full text of the Declaration Acknowledging Right to Farm per Section 35-8. Page 11 of 15 Public Works 25. 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 in fee simple to the County of Butte.” 26. Prior to the recordation of the final map, provide approved access conforming to county code to each parcel from a publicly maintained road. 27. Prior to or concurrently with the recordation of the final map, deed to Butte County in fee simple 48 feet of right-of-way from the physical centerlines of Ophir Road and Lincoln Blvd. along the entire property frontage. The right-of-way shall be sufficient for the installation of county improvement standard No. S-5 at all street intersections. 28. Prior to or concurrently with the recordation of the final map, relinquish abutter's rights of access to Butte County along the Ophir Road and Lincoln Blvd. frontages of parcels except at approved access points. Limit Lincoln Blvd. driveway access to right-in/right-out only turn movements with traffic directional signs. Provide approved access to Lot 81 through a common driveway with Lot 80. No public road frontage driveway access allowed to Lot 82. Lot 82 shall be served by an approved access easement. 29. 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. 30. Prior to final road inspection for each phase, install all necessary traffic safety signs including stop signs. 31. Prior to recordation of the final 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. 32. Provide cul-de-sacs designed and constructed as specified in the county improvement standards. The final map shall show the cul-de-sacs. 33. Prior to the recordation of Phase 1 of the final map, construct or provide a performance bond and labor and material bond for the construction of a ½+ 12’ street section on Ophir Road contiguous to the Phase 1 parcel frontages to a modified RS-2A road standard with center turn lane, two-lane directional travel, bike lane, vertical curb, gutter and detached 5’ sidewalk with 6’ planter strip and 4″ AC, 16″ AB, prime coat, fog seal and 95 % relative compaction. Construct a full street section on interior streets “A” and “B” to an RS-2B road standard with rolled curb, gutter and attached sidewalk or detached sidewalk with 6’ minimum planter strip, 3″ AC, 12″ AB, prime coat, fog seal and 95 % relative compaction. Construct a full street section on interior streets “A” and “F” located outside of Phase 1 to an RS-8 LD- II road standard, 20’ wide, 4″ AB to provide emergency access between Lincoln Blvd. and Ophir Road. Construct a standard S-18B road approach in accordance with county improvement standards at the intersection of Lincoln Blvd. and Street “F”. Provide sufficient right-of-way for proposed construction. Submit design to 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 street and storm drain facilities for the entire project, phases 1 through 6. 34. Prior to the recordation of Phase 2 of the final map, construct or provide a performance bond and labor and material bond for the construction of a full street section on interior streets “A”, “D” and “E” to an RS-2B road standard with rolled curb, gutter, sidewalk, 3″ AC, 12″ AB, prime coat, fog seal and 95 % Page 12 of 15 relative compaction. Submit design to Land Development Division for approval prior to construction. “R” value determination and other data may be required to support the section design. 35. Prior to the recordation of Phase 3 of the final map, construct or provide a performance bond and labor and material bond for the construction of a ½+ 12’ street section on Lincoln Blvd. and Ophir Road contiguous to the Phase 3 parcel frontages to a modified RS-2A road standard with center turn lane, two-lane directional travel, bike lane, vertical curb, gutter and detached 5’ sidewalk with 6’ planter strip, 4″ AC, 16″ AB, prime coat, fog seal and 95 % relative compaction. Provide sufficient right-of- way for proposed construction. Construct a full street section on interior street “F” to an RS-2B road standard with rolled curb, gutter and attached sidewalk or detached sidewalk with 6’ minimum planter strip, 3″ AC, 12″ AB, prime coat, fog seal and 95 % relative compaction. Submit design to Land Development Division for approval prior to construction. “R” value determination and other data may be required to support the section design. 36. Prior to the recordation of Phase 4 of the final map, construct or provide a performance bond and labor and material bond for the construction of a full street section on interior streets “A” and “F” to an RS- 2B road standard with rolled curb, gutter and attached sidewalk or detached sidewalk with 6’ minimum planter strip, 3″ AC, 12″ AB, prime coat, fog seal and 95 % relative compaction. Submit design to Land Development Division for approval prior to construction. “R” value determination and other data may be required to support the section design. 37. Prior to the recordation of Phase 5 of the final map, construct or provide a performance bond and labor and material bond for the construction of a ½+ 12’ street section on Ophir Road along the entire parcel frontage to a modified RS-2A road standard with center turn lane, two-lane directional travel, bike lane, vertical curb, gutter and detached 5’ sidewalk with 6’ planter strip, 4″ AC, and 16″ AB, prime coat, fog seal and 95 % relative compaction. Provide sufficient right-of-way for proposed construction. Submit design to Land Development Division for approval prior to construction. “R” value determination and other data may be required to support the section design. 38. Prior to recordation of Phases 1 and 2 of the final map, provide minimum 20’ right-of-way for pedestrian/bicycle paths for Streets “C” through “E” as shown on the tentative subdivision map for the construction of a two-way Class I bike path in accordance with Caltrans Highway Design Manual standards. Submit design to Land Development Division for approval prior to construction. 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 maintenance entity for recreation paths and 20’ right-of-ways prior to recordation of the first final map. 39. 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 first final map. The formation of a CSA or other approved 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. 40. 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. Page 13 of 15 41. Mitigation Measure #9: 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 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).” 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. 42. Mitigation Measure #10: Lot Grading Lots shall be graded to direct runoff to storm drain facilities within the public right-of-way or to stormwater retention basins situated within the lot. No lot-to-lot runoff shall be permitted. Plan Requirements: All grading plans shall show drainage runoff consistent with the above requirement. Timing: Requirements of the condition shall be reflected in final grading plans and all custom lot development. Conditions shall be adhered to throughout all grading/excavating and construction/landscaping periods. Monitoring: The Department of Public Works shall spot check to ensure monitoring compliance. 43. Mitigation Measure #11: Prior to recordation of the final map, a plan for a permanent solution for drainage plans and calculations shall be submitted to and approved by the Department of Public Works. The drainage Engineering plans shall detail existing drainage conditions and shall specify how drainage waters shall storm water runoff will either be detained or retained onsite and/ or conveyed to the nearest natural channel 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 Engineering calculations shall show there is no increase in peak flow runoff leaving the property. 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 plans and calculations 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. 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. Page 14 of 15 44. Show all easements of record on the final map. 45. 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. 46. Pay the recording fees in effect at the time the final map and related documents are recorded. 47. 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. Cal-Fire/Butte County Fire 48. Prior to construction of single-family dwellings, 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. Required hydrant spacing, hydrant size and residual fire flow shall comply with the California Fire Code. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to each phased map recordation. Submit plans to the Fire Department for review and approval prior to construction. 49. Prior to construction multi-family dwellings and commercial development, 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 300 feet (reduce by 100 feet on dead-end streets and roads), hydrant size 6 inches, and residual fire flow of 2500 GPM. Required hydrant spacing, hydrant size and residual fire flow shall comply with the California Fire Code. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to each phased map recordation. Submit plans to the Fire Department for review and approval prior to construction. 50. 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 any point on all structures. 51. Pressurized community water system must be installed and operational prior to combustible building materials arriving on site. Environmental Health Division 52. Prior to recordation of the first phase of the subdivision map, annexation into the Lake Oroville Area Public Utility District is required. 53. Place a note on the each final phased map or on an additional map sheet that states, “Each and every new lot shall be connected to public sewer and water.” 54. Prior to recordation of the each final phased map, applicant/developer shall meet all requirements/conditions for service providers, LOAPUD, SC-OR and SFPWA, as listed below. Lake Oroville Area Public Utility District 55. Prior to recordation of the first phased map, the applicant/developer shall be required to complete a Sphere Amendment and Annexation. 56. This project will be required to provide a mainline extension, a regional pump station and force main facilities with capacity to serve the much larger basin, which includes this project. The pump station Page 15 of 15 and pipelines must be constructed to District standards. The District will consider a phased design that allows expandability to meet the future growth needs of the basin. 57. All design and construction of the sewer collection system must comply with LOAPUD standards. 58. Sewer service will be available upon request after the applicant/developer has accomplished the following:  Mutual approval of a Mitigation Agreement by applicant/developer, LOAPUD and SC-OR;  Preparation of plans and specification, in conformance with LOAPUD Improvement Standards and Policies;  Acquiring and granting all necessary easements to LOAPUD  Payment of applicable fees;  Mutual approval of a Development Agreement by applicant/developer and LOAPUD Board of Directors; and  Construction or modification of required sewer collection facilities, including any sewer line size increases in accordance with approved plans and specifications. 59. To obtain sewer service for each Equivalent Dwelling Unit (EDU) the applicant/developer must complete the following:  Execution of a LOAPUD permit and payment for each and every EDU of the current: a. Capacity charge, b. Connection Fee, and c. SC-OR Regional Facility Charge (RFC)  Preparation of plans and specification, in conformance with LOAPUD Improvement Standards and Policies; Processing Fees 60. Prior to recordation of the first Phase of the subdivision map, pay any outstanding project-related processing fees. County Counsel 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 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.