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HomeMy WebLinkAboutTPM06-0019 - Conditions of Approval Butte County Department of Development Services TIM SNELLINGS, DIRECTOR | PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING May 14, 2009 BIRKHOLZ, ROBERT A P O BOX 865 PALERMO, CA 95968 Re: TPM06-0019, AP: 025-340-074 Dear ROBERT A. BIRKHOLZ: At the regular meeting of the Butte County Planning Commission held May 14, 2009, your request for a Tentative Parcel Map to divide a 10 acre parcel into 4 +2.5 acre parcels on property zoned AR-2-1/2. AR-2-1/2 (Agricultural-Residential, 2-1/2-acre parcels) zone, AR (Agricultural Residential) GENERAL PLAN DESIGNATION, on the east side of Powerhouse Hill Road about 750 feet north of Favorite Ct., and 1 mile north of Palermo Rd., south of Oroville was approved with conditioons (see Exhibit A here attached). Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Monday, May 25, 2009 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar-day appeal period, the action of the Planning Commission is final. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project or proof of waiver of fees. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. The conditions of approval must be met within twenty-four (24) months from the date of approval by the Butte County Planning Commission or the approval will be considered null and void. Should you have any questions regarding this matter, please contact Steve Troester at 538-7153between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Steve Troester, Senior Planner cc. John D. Christofferson, P.L.S. 220 Grand Ave. Oroville, CA 95965 EXHIBIT A Tentative Parcel Map for Robert Birkholz on APN 025-340-074; File No. TPM06-0019: Tentative Parcel Map to divide a 10± acre parcel into four 2.5± acre parcels. The zoning designation is AR- 2.5 (Agricultural Residential, 2.5 acre minimum parcel size) and the General Plan land use designation is AR (Agricultural Residential). I. CONDITIONS OF APPROVAL: Planning Division. 1. Mitigation Measure #1: All lighting, exterior and interior, 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. 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 highway or street. Plan Requirements: This mitigation shall be placed as a condition of the map, and on all building permit and site development plans. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project 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. g. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information h. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i. Maintain all construction equipment in proper tune according to manufacturer’s specification. j. Where feasible, give preference to utilizing the following equipment: • Electric equipment • Substitute gasoline-powered for diesel-powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has Caterpillar pre-chamber diesel engines, as practical. • Diesel construction equipment meeting the CARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines. k. Construction workers shall park in designated parking area(s) to help reduce dust emissions.” Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Mitigation Measure # 3: 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, at the time of road construction or driveway construction, it is determined by County staff that the seasonal flow of rain water into the vernal pools, as are shown on the map, is precluded, install cross culvert(s) having a diameter of not less than 12” so as to provide flow into said pools. Alternative design(s) may be approved by Public Works. A registered biologist shall have final say as to weather the design serves the intended purpose.” 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 all building and site development plans. Timing: The requirements of the condition 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. The Development Services Department, and Public Works Department, shall inspect the dam periodically to insure that the condition is being met. The applicant is to maintain a Mitigation Monitoring Fee deposit account to offset the departments’ inspection costs. 4. Mitigation Measure # 4: Designate the vernal pools on the parcel map and a ten foot (10’) no development setback around each vernal pool. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “All development permits for each parcel are to reflect the vernal pool(s) with 10’ fenced setbacks during all development activities.” Plan Requirements: The parcel map must show the vernal pools with the setback designated. 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 parcel map identifies the vernal pools with the setbacks. The Department of Development Services shall ensure that the note is placed on all building and site plans. The Development Services Department, and Public Works Department, shall inspect the dam periodically to insure that the condition is being met. The applicant is to maintain a Mitigation Monitoring Fee deposit account to offset the departments’ inspection costs. 5. Mitigation Measure #5: Place a note on a separate document which is to be recorded concurrently with the Map or on an additional map sheet stating: “Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resource and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such resources are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 6. Mitigation Measure #6: Place the following note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “To reduce construction-generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (7:00 a.m. to 5:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine- driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction.” Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction-related noise. Public Works 7. Prior to or concurrently with the 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. Prior to final road inspection, install all necessary traffic safety signs including stop signs. 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/Final Map stating: "No public entity shall be responsible for the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them." 9. All access rights shall be reserved by deed per County Ordinance, offered for dedication, and depicted on the Parcel Map. Place the following note on the Parcel Map: “approved road name is a non-exclusive easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered for dedication to the County of Butte.” 10. Prior to or concurrently with the recordation of the Parcel Map, Deed to Butte County in fee simple 30 feet of right-of-way from the centerline of Power House Hill Road along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. 11. Prior to or concurrently with the recordation of the Parcel Map, relinquish abutter's rights of access to Butte County along the Power House Hill Road frontage of parcels 1 and 4, except at approved access points. 12. Prior to recordation of the Parcel 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 Parcel Map. A minimum of five alternate names for each new street shall be submitted. 13. Prior to the recordation of the Parcel 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 Power House Hill Road shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. 14. Provide a cul-de-sac designed and constructed as specified in the County Improvement Standards. The Parcel Map shall show the cul-de-sac. 15. Prior to recordation of the Parcel Map, provide approved access to each parcel from a County maintained road or from a state highway. Improve access road to parcel being divided to RS-8 LD-III. Submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction. 16. Show on the additional map sheet of the Parcel Map a 20 ft. building setback from the edge of the ultimate right-of-way of access road and Power House Hill Road based on Butte County Code Section 24-75(d). 17. 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 on- site 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) or other Department of Public Works approved entity prior to recordation of the Parcel Map. The CSA 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 for the CSA, and agree to an annual maximum service charge to ensure continued operation of the facilities. 18. 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 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).” 19. Show all easements of record on the Parcel Map. 20. Prior to or concurrently with the 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. 21. Pay the recording fees in effect at the time the Parcel Map and related documents are recorded. Butte County Fire/Cal-Fire 22. Place a note on a separate document and recorded concurrently with the Parcel map or an additional map sheet stating that “Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property.” A note stating “Automatic Fire Sprinklers conforming to NFPA Standard 13D required” is to be added to all affected building plans. 23. 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. 24. Prior to any lot clearing activity or cutting of trees, contact the Butte Area Forester to determine the need for a less than 3 acre conversion exemption permit or a timber harvest plan. Environmental Health 25. Must show area for wells and a 100’ leach field free setback around that area on all parcels. 26. Show proven useable sewage disposal areas on each lot. Processing Fees 27. Prior to recordation of the Map, applicant/developer shall pay any outstanding project-related processing fees. County Counsel 28. 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, and 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.