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HomeMy WebLinkAboutTSM 06-02 Conditions1 EXHIBIT A Tentative Subdivision Map for Tom and Shana Card, Richard Wulbern and Amber Englund, on APN 031-180-016, File # TSM 06-02: An application for a Tentative Subdivision Map to divide a 2.1-acre parcel into eight (8) residential parcels ranging in size from 6,820 square feet to 11,435 square feet. An additional parcel is being created to be used as a detention pond. The parcel is zoned Agricultural Residential (6,500 square feet minimum parcel size) and with a General Plan land use designation of Low Density Residential. I. CONDITIONS OF APPROVAL: Planning Division 1. Mitigation Measure # 1: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Dust generated by all development activities shall be kept to a minimum, with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. At a minimum, this would include wetting down areas in the later morning and after work is completed for the day, and whenever wind exceeds 15 miles per hour. b. Haul vehicles transporting soil into or out of the property shall be covered. c. 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). d. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. e. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. f. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 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 and on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services and Department of 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 and on all building and site development plans. The Department of Development Services shall ensure that this note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 2 2. Mitigation Measure # 2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Should development 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 remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains.” Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: The Department of Public Works and the Department of Development Services shall ensure that the required 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 Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 3. Mitigation Measure # 5: 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 (6:00 a.m. to 7:00 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.” 3 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. 4. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: “All buildings shall be setback per Butte County Code requirements at the time of building permit application.” 5. Provide a solid six foot wood fence along the common property of existing parcels. 6. If an area traffic mitigation fund is created prior to recordation of the final map, the applicant/developer shall pay a pro-rata share towards the future installation of a traffic signal at a location determined by Caltrans on State Route 162 to reduce traffic impacts based on continued growth in the area. The pro-rata share shall be determined by Caltrans and shall be based on the number of vehicle trips generated by the project. 7. Prior to recordation of the Final Map, pay any outstanding project-related processing fees. 8. Provide a deed notice for the sale of all resulting lots notifying purchasers of the proximity of the airport and the potential for possible noise related impacts in an ALUC- approved disclosure notice. 9. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: “Airspace review by the Airport Land Use Commission is required for all objects over 100 feet in height.” 10. Prior to the recordation of the Final Map record as a separate instrument an Avigation Easement granting the right of continued use of the airspace above the proposed parcels by the Oroville Municipal Airport and acknowledging any and all existing or potential airport operational impacts. 11. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: “An Avigation Easement is recorded above the parcels for the Oroville Municipal Airport and acknowledging any and all existing or potential airport operational impacts.” Land Development Division 12. Mitigation Measure #3: 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, 4 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. 13. Mitigation Measure # 4: Prior to approval of improvement plans, 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. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to approval of the improvement plans, and the required drainage improvements constructed or bonded for construction prior to recordation of the Final Map. 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. 14. Prior to or concurrently with the recordation of the Final 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 Final 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." 15. All access rights shall be reserved by deed per County Ordinance, offered for dedication, and depicted on the Final Map. For each private access serving more than two parcels within the map boundary, place the following note on the Final Map: “approved road name is a non-exclusive easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered for dedication to the County of Butte.” 5 16. Prior to or concurrently with the recordation of the Final Map, Deed to Butte County in fee simple 40 feet of right-of-way from the centerline of 12th Street 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. 17. Prior to or concurrently with the recordation of the Final Map, relinquish abutter's rights of access to Butte County along the 12th Street frontage of parcels 1, 8, and 9 (detention pond). 18. 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. 19. Prior to final road inspection, install all necessary traffic safety signs including stop signs. For a non-publicly maintained road subdivision, 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 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." 20. Provide a cul-de-sac designed and constructed as specified in the County Improvement Standards. The Final Map shall show the cul-de-sac. 21. If the Director of Public Works determines that the work is required prior to the recordation 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 12th Street to an RS-2A road standard with vertical curb, gutter, and sidewalk and 3″ AC, and 12″ AB, prime coat, fog seal and 95 % relative compaction. Construct a full street section on interior road to an RS-2C road standard with rolled curb, gutter, and sidewalk and 2″ AC, and 8″ 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. 22. Street lighting shall be provided in accordance with Butte County requirements, accepted design criteria, and recommendations of Pacific Gas & Electric Company. If the developer chooses to install the streetlights and pay energy costs through a County Service Area (CSA), he/she must complete the formation of the CSA prior to recordation of the Final 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. 23. 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 Butte County Standard S-40. 6 24. Prior to, or concurrently with the recordation of the Final Map, pay the applicable drainage fees in effect at the time of recordation of the Final Map for the Thermalito Ruddy Creek Basin drainage area. (The current fee is now $ 5,918.00/acre.) 25. Show all easements of record on the Final Map. 26. 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. 27. Pay the recording fees in effect at the time the Final Map and related documents are recorded. Fire Department 28. Prior to construction, 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, hydrant size 6 inches, and residual fire flow of 1000 GPM (gallons per minute). Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. 29. 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. Environmental Health 30. Prior to recordation of the Final Map, provide a letter or other documentation from Thermalito Irrigation District (TID) stating that they are willing and able to supply domestic water to Lots 1-8. 31. Place a note on the additional map sheet that states: “Development of Lots 1-8 will require connection to a public water supply.” 32. Prior to the Final Map, provide a letter or other documentation from TID stating that they are willing and able to supply sewer service to Lots 1-8. 33. Place a note on the additional map sheet that states: “Development of Lots 1-8 will require connection to a public sanitary sewer.” Pacific Gas & Electric 7 34. Prior to final map approval, place a note on the additional map sheet that states “Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer”. 32. Prior to final map approval, place a note on the additional map sheet that states “There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easements that exist which would infringe on PG&E easement rights”. County Counsel 33. 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.