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Home My WebLink AboutTSM 06-02 NODTO: ~ 0 NOTICE OF DETERMINATION Butte County Clerk Office of Planning and Research 1400 Tenth StTeet PO .. Box3044 NOV - 9 2006 Sacramento, CA 95812-3044 FILING NO.------------ FROM: Butte County Department of Development Services, P!amring 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code AP Number: 031-180-016 Project Title: TSM 06-02, Tentative Subdivision Map Applicant: Wulbem, Richard and Englund, Amber Card, Tom and Shana, I 00 walnut Avenue, Oroville, CA 95966 Contact Person: Mark Michelena Telephone Number: 538-7601 Project Description: a proposed 9 lot residential subdivision and a detention pond ProJect Location: on the east side of 12th Street, approximately 600 feet south of Nelson Avenue at 2134 12th Street, Thermalito State Clearinghouse Number (If submitted to clearinghouse): This is to advise that the Butte County Planning Commission has approved the above-described project on 12:00:00 AM and has made the following determinations regarding the above-described project: 1 The project Owill, ~will not, have a significant effect on the environment 2 DAn Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA 3 ~A Negative Declaration was prepared for this project pursuant to the provisions of CEQA 4 .. Mitigation measures ~were, Ow ere not, made a condition of the approval of the project 5 A statement of overriding considerations Owas, ~was not, adopted for this project. This is to certify that the final EIR, with comments and responses and record of project approval, is available to the general public at: ------------------------- Date received for filing and posting at OPR. ___________ _ Butte County Department of Development Services 7 County Center Drive ~ Charles Thistlethwaite, Development Services Planning Manager Mitigation Measures: 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 oftruck(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 moming 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 distmbed 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 Depmiment of Development Services and Department of Public Works Depmiment 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 m1d on all building m1d 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.. Mitigation Measure# 2: Place a note on a separate docU!llent which is to be recorded concmrently with the map or on an additional map sheet that states: "Should development activities reveal the presence of cultural resources (ie., artifact concentrations, including mowheads m1d other stone tools or chipping debris, cans, glass, etc.; structmal remains; lmmm1 skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains m1d implement appropriate mitigation procedures.. Should human skeletal remains be encountered, State law requires inn11ediate notification of the County Coroner. Should the County Coroner determine that such remains are in m1 archaeological context, the Native Americm1 Heritage Commission in Sacramento shall be notified innnediately, pursuant to State law, to mnnge 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 concunently 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 m1 additional map sheet that states: "To reduce construction-generated noise the developer shall implement the following measures to mitigate construction noise t!u·oughout all constmction periods: L Limit constmction 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 constmction equipment; 3. Construction equipment shall not be idled for long periods oftime; 4. Locate stationmy equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator at1d post the nat11e 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 mm1age complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors at1d advise them of the schedule of construction.." Plan Requirements: This note shall be placed on a sepmate 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 tlus mitigation and shall respond to all complaints of noise. Depmtment 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 m1 additional map sheet that states: "All buildings shall be setback per Butte County Code requirements at the time of building penni! 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 detennined by Caltrans on State Route 162 to reduce traffic impacts based on continued growth in the ru·ea The pro-rata share shall be detem1ined by Caltrans ru1d 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." I 0.. Prior to the recordation of the Final Map record as a separate instrument ru1 Avigation Easement granting the right of continued use of the airspace above the proposed parcels by the Oroville Municipal Airport ru1d acknowledging ru1y 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 aclmowledging any ru1d all existing or potential airport operational impacts." Lru1d Development Division 12 Mitigation Measure #3: Prior to grading, a Construction Stom1 Water Permit will be required by the State Water Resources Control Board if the project results in a disturbru1ce (including clearing, excavation, filling, and grading) of one or more acres The Permit must be obtained fi'mn the State Water Resources Control Board prior to construction. If a Construction Stonn Water Permit is required, place a note on ru1 additional map sheet that states: "The development of this Final Map requires a construction storm water pennit Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plru1 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 Plru1 (SWPPP) shall be attached to all building and site development plru1s. Timing: The requirements of the approved Storm Water Pollution Prevention Plan shall be adhered to at all times Monitoring: The applicru1t or his/her successors, heirs, assigns are responsible for ensuring compliru1ce 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 nmoff 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 Depariment 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 Requit·ements: 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 constmction 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 ofthe Final Map. DECLARATION OF FEES DUE (California Fish and Game Code Section 71 L4) Name and address of applicant: Wulbern, Richard and Englund, Amber Card, Tom and Shan a 100 walnut Avenue Oroville, CA 95966 Project Title/File Number: Tentative Subdivision Map, TSM 06-02 APN: 031-180-016 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1 2 .. D D 3. D NOTICE OF EXEMPTION I STATEMENT OF EXEMPTION A Statutorily or Categorically Exempt $36 .. 00 Clerk's Documentary Handling Fee B De Minimis Impact-Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee NOTICE OF DETERMINATION-FEE REQUIRED A Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee OTHER (Specify)----------------- $36.00 Clerk's Documentary Handling Fee PAYMENT /NON-PAYMENT OF FEES: 1 2 D PAYMENT: The above fees have been paid. See attached receipt(s): # 440783 NON-PAYMENT: The above fees are required. Not paid Chief Planning Official By: Title: Lead Agency: Date: Tim Snellings, Development Services Director Butte County Department of Development Services November 7, 2006 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMirTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTrE COUNTY CLER!i:S OFFICE THREE COPIES OF ALL NECESSARY DOCUMENT A liON ARE REQUIRED FOR FILING ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO rHE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH HIE BUTTE COUNTY CLERK'S OFFICE MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec 711 A; Section 753 5c, Title 14, Califomia Code of Regulations) Project Title/Butte County Location: ISM 06-02, on the east side of 12th Street, approximately 600 feet south ofNelson Avenue at 2134 12th Street, Thermalito Project Description: a proposed 9 lot residential subdivision and a detention pond Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an Initial Study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711 A of the Fish and Game Code Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By:(/,~- C ;;1T!;s ~l~evelopment Services Pla~ming Manager Lead Agency: County of Butte Date: November 7, 2006 i ' I \ \ \ \ I \ I COUNT'/ OF BUTTE AUDITOR'S CERTIFICATE AND TR_q>.SLIRER'S RECEIPT .(:,, ' OROViLLE;'CA RECEIVED FROM PU\NNING BAG if329 DESCRIPTION DEPOSIT DATE: '12105 RECEIPTS: 440133-440793 PLANNING APPL FEES FUND llTLE GENL . Project Number FUND DEPT CODE CODE ., O..PN 02>·1-18iJ-015:C:ARO,'lJULBERN8£t·.!GLPJ'·.JD TSI•iiOtl-02 APN 025-330-00B:EPIC 'AiRLESS:lJP 05-05 ·"'Pt-1 05B-26iJ-008:Dt•VI D MAS/•.Rir..:\1/>.R 06-01 ;;t,~W@~;~~~3~~~3:~~:~p:,:~;.;~~!. ~;~~~~ "Divl o1-1a M~ti'HEVELOPMENT GENL WiO il400l.'l4 .,,,., ,. , .. 1 . Project Number APN 'iJ3'i-iBD-015:CARD,WUL8ERN&ENGLJ-\ND:TSM 05-02 APN 025-33Q-006:EPIC \11,\RLESS:UP 06-05 APN 028-240-G35,03B:JOHN STANTON, LLA 06-10 ATRNO 1\CCT com; ' .. DATE CASH CODE 10'!001 An;ount of Fe£! ##!##!~#~# 3, •17l:5 cr> #l#!l#ll#i# d ,'170. 00 $144 75 .;,'.. $50 00 $555 00 4.611700 ·101{..!()1 Amb•JDt of Fee $~30 .. 00 $165 Otl $359.00 ~~0003 M>i<\901 ''1: ENVIRONMENTJI.L HL11-l. GENL { 0010 10-1001 Projeet Number APN G31-1llG-015:CARD,\NULBERN&ENGLA.ND:TSM u6-G2 ."PN 025-330-0G~'EPiC ·;\'!PLESS: UP 05-06 APr-1 028-240-0:o6,035:JrJHN STA!~TOIII. LLA OB-10 FIRE PU--.1<~ APPL FEE F~RE PROTEt:T QiOO Project Number .ap;,; Q:ll-1 B0-015:CARD\NlJL8ER~J&ENGLAND:TSM 03-02 -'lPN 025-33G-006:EPIC \\~RLESS:UP 06-05 APN 028-240-035,03B:JOHN STANTON, LLA. Ofl-·10 NODINOE CLERK'S FiLING FE GENL Gf<10 ($36) Project Number ., APN 03 i-180-G·i 8:CARD ,V,ULBt:RN&ENGL~Sli!IUG-IE) - APN 025-330-00B:EPIC: \\mLESS:UP Oll-05 .1\GRICLIL TURE AG FEE 0010 Pouject Number APN 031-1BD-!116:GARD,I'<ilJL8ERN&ENGLAND1SM OB-Q2 .A.PN 025-330-00B:EPIC WIRLESS:UP Oll--05 APN 028-24D-035,G35:.JOHN ST.ANTON, LLA Oo-10 APPROVED BY: 1\lJDiTOH~\ONr~~fffj~ ··1 i· · Anlount of F:ee $375.00 $202 0,0 $214.00 46'17240 •JO•J()(!1 Amount of Fee $431 oa $347 00 $5400 1!.70001 4G123'19 "101001 ~' i:' ·'' Amount of FeB C!J>3elm---=:::; $:)500 .. 46iJI}\:11 .1!612200 1(!1001 Amount ofF"" $32.50 $32.50 $3"2 51) R~CENEOBY: ! ~~ 90405 ~--- ld./:slo:J ~~!; AMOUMI 7,197.75 / 792 .. 00 332.00 72.00 97 60 ---