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HomeMy WebLinkAboutTPM13-0006 COA  Butte County Department of Development Services   Deadmond TPM13-0006 – Conditions of Approval  Page 1 of 6  EXHIBIT A Tentative Parcel Map for Steve and Diane Deadmond on APN 042-050-061, File # TPM13-0006: A request to divide a 4.72-acre parcel, in the VLDR (Very Low Density Residential - 1-acre minimum) zone and VLDR (Very Low Density Residential) General Plan designation, into four lots (1 at 1.72 acres and 3 at 1.0 acre). Pursuant to the requirements of Butte County Code §24-56.1 (Residential Setback from Orchards and Vineyards), the Department of Development Services in conjunction with the Agricultural Commissioner’s Office is recommending a residential dwelling setback from adjacent active orchards of 60 feet from the northwest property line and 80 feet from the southeast property line. A. 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.  Butte County Department of Development Services   Deadmond TPM13-0006 – Conditions of Approval  Page 2 of 6   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. 2. Mitigation Measure #2 Place a note on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet 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 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. 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: To the extent feasible, the developer shall implement the following measures at the time of development to offset the anticipated contribution of greenhouse gas emissions from residential development:  Support expansion of renewable energy systems o Prewire all new residential development to support photovoltaic system installation.  Support efficiency in vehicles and landscaping equipment o Install electrical vehicle outlets on external walls or in garages in all new residential development.  Butte County Department of Development Services   Deadmond TPM13-0006 – Conditions of Approval  Page 3 of 6   Improve fuel efficiency of equipment during construction-related activities o Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minute. o Use clean or alternative fuel equipment 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: Shall be implemented prior to issuance of building permits for residential development. Construction-related measures 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. Planning Division will ensure that future residential development includes the applicable measures during Building Permit review. Building inspectors shall spot check and shall ensure compliance on-site. 4. Place a note on the Parcel Map or additional map sheet stating: “Residential dwelling setbacks from adjacent active orchards shall be 60 feet along the northwest property line and 80 feet from the southeast property line. If the existing agricultural use (orchards) have been removed permanently, the residential dwelling setback shall be consistent with the zoning.” 5. If a Declaration Acknowledging Right to Farm (Agricultural Statement of Acknowledgement) has not already been recorded on the parcel, prior to or concurrently with the recordation of the Parcel Map, record said document. 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: “A Declaration Acknowledging Right to Farm (Agricultural Statement of Acknowledgement) has been recorded on the parcels.” 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 heron 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 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.” 9. Prior to recordation of the parcel map, deed to Butte County in fee simple 30 feet of right-of-way from the centerline of Nord Avenue 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. 10. 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.  Butte County Department of Development Services   Deadmond TPM13-0006 – Conditions of Approval  Page 4 of 6  11. Prior to final road inspection, install all necessary traffic safety signs including stop signs. For all non- publicly maintained access roads, 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: “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.” 12. Prior to recordation of the parcel map, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 13. Prior to recordation of the parcel map, submit road and drainage improvement plans to the Land Development Division for the installation of a standard S-18B road approach in accordance with county improvement standards. Obtain an encroachment permit and construct the road approach prior to recordation of the parcel map. Adequate sight distance at the intersection of access road and Nord Avenue shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. 14. 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. 15. Prior to recordation of the parcel map, construct or provide a performance, labor and material bond for construction of street frontage improvements on Nord Avenue. Construct a ½+ 12’ street section along the entire parcel frontage in conformance with county improvement standard RS-3B, including 3″ AC, 12″ AB, prime coat, fog seal and 95 % relative compaction. Curb, gutter and sidewalk are not required. Submit design to the Land Development Division for approval prior to construction. “R” value determination and other data may be required to support the section design. Alternatively, an in-lieu fee may be submitted for Nord Avenue frontage based on county standard estimating rates. 16. Prior to recordation of the parcel map, provide approved access to each parcel being created. Construct or provide a performance, labor and material bond for construction of interior road in conformance with county improvement standard RS-8 LD-IV, 24 feet wide with 4” of CL II aggregate base and double sealcoat. Submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction. 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 exiting drainage conditions and shall specify how drainage waters shall be detained or retain onsite and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. If storm drainage facilities serve new public roads, the developer must complete the formation of a county service area (CSA), zone of benefit within a permanent road division (PRD), or other Department of Public Works approved entity prior to recordation of the parcel 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. 18. 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. 19. Prior to recordation of the parcel map, pay drainage impact fees per Article XI, Chapter 3 of Butte County Code.  Butte County Department of Development Services   Deadmond TPM13-0006 – Conditions of Approval  Page 5 of 6  20. 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).” 21. Show all easements of record on the Parcel Map. 22. 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. 23. Pay the recording fees in effect at the time the parcel map and related documents are recorded. 24. Prior to recordation of the parcel map, pay all applicable assessments established by affected assessment districts, in full. Public Health Department Environmental Health Division 25. Place a note on the parcel map or an additional map sheet stating: “Reports that may have been conditions of approval on the tentative map and a list of current county requirements for building site are on file and available for review in the Butte County Department of Development Services and Butte County Public Health Department Environmental Health Division Files.” 26. Provide the required MUWA on each parcel. 27. Verify the location of the existing wastewater system on parcel 1 and relocate if necessary in order to not encroach on the new property boundaries or setback areas. 28. Destroy the existing well on parcel 2 as necessary to provide the required MUWA and to comply with setback requirements. 29. Provide an approved source of domestic water to parcel 1. 30. New wells to be constructed may require the installation of deep annular seals to protect deep ground water aquifers from nitrate contamination that may be present in shallow groundwater. Cal Fire/Butte County Fire 31. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with current Butte County Improvement Standards. 32. 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. 33. A pressurized water supply for fire protection will not be required. The developer will install an automatic fire sprinkler system in all new residential structures in accordance with the National Fire Protection Association standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D. (Res 04-271, 12-14-2004).  Butte County Department of Development Services   Deadmond TPM13-0006 – Conditions of Approval  Page 6 of 6  Agricultural Commissioner 34. Prior to recording the parcel map, the owner shall either remove the existing orchard or prepare an Agricultural Maintenance Plan approved by the Agricultural Commissioner. Processing Fees 35. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. II. NOTATION A. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment.