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HomeMy WebLinkAboutZDN14-0007_TPM14-0003_062514Zoning Administrator Decision (ZDN) 14-0007 TPM14-0003 Date: June 25, 2014 Page 1 of 11 BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN14-0007 TENTATIVE PARCEL MAP TPM14-0003 (David and Vicki Scruby) Request to subdivide 4.7 acres into two lots of 2.57 acres and 2.13 acres, together with an exception request in accordance with Butte County Code §20-133. APN: 030-160-058 June 25, 2014 I. The Zoning Administrator has considered the Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA), and adopts the Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said Study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; B. The Zoning Administrator has considered the Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Zoning Administrator, including the Initial Study and any comments received, there is no substantial evidence that the Tentative Parcel Map for David and Vicki Scruby, Planning Division File No. TPM14-0003, with conditions and mitigations here attached, would have a significant effect on the environment. D. The custodian of the record is the Land Development Division of the Public Works Department. The location of the record is 7 County Center Drive, Oroville CA 95965. E. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds that collection 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 a required fee is not paid for a 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)). III. Approves Tentative Parcel Map TPM14-0003 for David and Vicki Scruby, subject to the conditions found in Exhibit “A” and the following findings: A. The proposed map is consistent with the VLDR (Very Low Density Residential, one-acre minimum) zoning, and the VLDR General Plan land use designation. Zoning Administrator Decision (ZDN) 14-0007 TPM14-0003 Date: June 25, 2014 Page 2 of 11 B. Sizes of the proposed parcels (Parcel 1 - +2.57 acres and Parcel 2 - +2.13 acres) are consistent with the current VLDR zone. C. The project is consistent with the following General Plan Policies: LU-P4.1 The integrity and stability of existing residential neighborhoods shall be promoted and preserved. * LU-P15.2 New urban development shall be primarily located in or immediately adjoining already urbanized areas.* The project area consists of single family residential uses within the Very Low Density Residential (VLDR) zone. This zoning supporting densities of 1+ acre in an urban setting, which may include single- family residential uses. The proposed project includes the creation of 2± acre parcels in the VLDR zone, resulting in a project that’s compatible with surrounding urban residential neighborhood. W-P3.3 The County shall protect groundwater recharge and groundwater quality when considering new development projects. W-P5.2 New development project shall identify and adequately mitigate their water quality impacts from stormwater runoff. * The proposed project has the potential to result in a net increase in impervious surfaces on the project site from the development of new residences and other structures. Future development would result in only a minor increase in impervious surfaces from the construction of concrete foundations and access roads. Thus, the proposed project would not cause a measureable reduction in surface infiltration or a decrease in deep percolation to the underlying aquifers. Additionally, with the minimal increase in impervious surfaces, surface runoff from the project site would be minor and readily contained on-site. COS-P5.2 Developers shall implement best available mitigation measures to reduce air pollution emissions associated with the construction and operation of development projects. * The project includes an air quality mitigation measure that contains best management practices in the suppression of dust and other air pollution emissions. Zoning Administrator Decision (ZDN) 14-0007 TPM14-0003 Date: June 25, 2014 Page 3 of 11 COS-P7.3 Creeks shall be maintained in their natural state whenever possible, and creeks and floodways shall be allowed to function as natural flood protection features during storms.* COS-P7.4 New development projects shall mitigate their impacts in habitat areas for protected species through on- or off-site habitat restoration, clustering of development, and/or project design and through the provisions of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) within the HCP/NCCP Planning Area, upon the future adoption of the HCP/NCCP.* COS-P7.5 No new development projects shall occur in wetlands or within significant riparian habitats, except within the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP.* COS-P7.6 New development projects shall include setbacks and buffers along riparian corridors and adjacent to habitat for protected species, except where permitted in the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area and where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP.* COS-P7.7 Construction barrier fencing shall be installed around sensitive resources on or adjacent to construction sites. Fencing shall be installed prior to construction activities and maintained throughout the construction period.* COS-P7.8 Where sensitive on-site biological resources have been identified, construction employees operating equipment or engaged in any development-associated activities involving vegetation removal or ground disturbing activities in sensitive resource areas shall be trained by a qualified biologist and/or botanist who will provide information on the on-site biological resources (sensitive natural communities, special-status plan and wildlife habitats, nests of special-status birds, etc.), avoidance of invasive plan introduction and spread, and the penalties for not complying with biological mitigation requirements and other State and federal regulations.* COS-P7.9 A biologist shall be retained to conduct construction monitoring in and adjacent to all habitats for protected species when construction is taking place near such habitat areas.* Mitigation measures have been included that would establish a 50- Zoning Administrator Decision (ZDN) 14-0007 TPM14-0003 Date: June 25, 2014 Page 4 of 11 foot buffer from existing riparian habitat along Feather River, which is considered a sensitive habitat resource in need of preservation. With the establishment of the buffer area, future grading and construction activities would be performed in conjunction with applicable Federal, State and County permits and regulations. COS P15.1 Areas found during construction to contain significant historic or prehistoric archaeological artifacts shall be examined by a qualified consulting archaeologist or historian for appropriate protection and preservation. Historic or prehistoric artifacts found during construction shall be examined by a qualified consulting archaeologist or historian to determine their significance and develop appropriate protection and preservation measures. * COS P15.2 Any archaeological or paleontological resources on a development project site shall be either preserved in their sites or adequately documented as a condition of the removal. When a development project has sufficient flexibility, avoidance and preservation of the resource shall be the primary mitigation measure. * COS-P16.4 If human remains are located during any ground disturbing activity, work shall stop until the County Coroner has been contacted and, if the human remains are determined to be of Native American origin, the NAHC and most likely descendant have been consulted.* Mitigation measures have been included that address the recovery of cultural resources, and identification of human remains, should any be discovered through future grading activities on the resultant parcels. COS-P17.1 Views of Butte County’s scenic resources, including water features, unique geological features and wildlife habitat areas shall be maintained. The density and design of the project is consistent with the established visual character of the surrounding area. D. The design and improvements of the proposed parcel map are consistent with County standards and policies, provided all conditions of project approval are complied with. E. The project site is physically suitable for the use and density of the proposed development. F. The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the proposed parcel map provided the attached conditions are met. Zoning Administrator Decision (ZDN) 14-0007 TPM14-0003 Date: June 25, 2014 Page 5 of 11 G. Approval of this project will not be detrimental to the public health, safety, and welfare, provided the required conditions and mitigation measures are complied with. H. The roads in the project area have the capacity to handle the increase in vehicular traffic generated by the project. I. Restrictions on the future residential development on the resultant parcels have been incorporated into the project, consistent with Butte County Code §20-133, that would reduce potential fire hazards in a Manner that has the same practical effect as reducing the length of Middlehoff Lane. J. The resultant parcel sizes of 2.57 acres and 2.13 acres are of a similar size to surrounding parcels located off Middlehoff Lane that have parcel sizes between 0.5 acres and 4.0 acres, and are situated in the VLDR zone. Approved By: Pete Calarco, Zoning Administrator Date: June 25, 2014 Attachment: Exhibit “A”, Tentative Parcel Map 14-0003 Conditions of Approval Zoning Administrator Decision (ZDN) 14-0007 TPM14-0003 Date: June 25, 2014 Page 6 of 11 EXHIBIT A Tentative Parcel Map for David and Vicki Scruby on APN 030-160-058, File # TPM14-0003: An application for a Tentative Parcel Map to divide a 4.7 acre parcel into two parcels of 2.57 acres (Parcel 1) and 2.13 acres (Parcel 2). I. CONDITIONS OF APPROVAL: 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 - (530) 332-9400 - 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. Zoning Administrator Decision (ZDN) 14-0007 TPM14-0003 Date: June 25, 2014 Page 7 of 11  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. Mitigation Measure #2: A riparian buffer area shall be established along that portion of Feather River located within the project site. Riparian buffer areas shall extend landward, 50 feet from the ordinary high water mark along the river channel. The riparian buffer area shall be delineated on an additional Notation and Disclosure Sheet for the Parcel Map, to be recorded as a condition of project approval. A notation shall accompany the designated riparian buffer area that states: “Only development and activities allowed pursuant to Butte County Code Section 24-76 et seq. shall occur within the Riparian Buffer Area. Additional permits may be required from the Butte County Development Services Department, prior to construction of any structures or establishment of any uses or activities within the Riparian Buffer Area.” Plan Requirements: The riparian buffer area and notation shall be placed on an additional Notation and Disclosure Sheet for the Parcel Map or on a separate document recorded concurrently with the Parcel Map. Timing: Requirements of the condition shall be satisfied prior to recordation of the map. This measure shall be implemented during site preparation, issuance of development permits, and construction. Monitoring: The Butte County Department of Development Services and Public Works Department shall ensure that the building envelope and notation is placed on an additional Notation and Disclosure Sheet of the Parcel Map, or on a separate document to be recorded concurrently with the Parcel Map. The Planning Division shall ensure compliance through the permit review process, and through routine inspections of the site. Mitigation Measure #3 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 Zoning Administrator that includes: Zoning Administrator Decision (ZDN) 14-0007 TPM14-0003 Date: June 25, 2014 Page 8 of 11 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 Zoning Administrator. 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 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 Zoning Administrator. 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, which will result in removing or encroaching upon oak trees on the project site. Monitoring: 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 either Oak Trees 5 inches or more in diameter at breast height are avoided or an Oak Tree Mitigation Plan has been submitted to and approved by the Zoning Administrator. Butte County building inspectors shall ensure compliance on-site. Mitigation Measure #4 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 Zoning Administrator Decision (ZDN) 14-0007 TPM14-0003 Date: June 25, 2014 Page 9 of 11 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 subdivision 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. Planning Division, Department of Development Services 5. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a CEQA Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Wildlife that the project is exempt from the fee requirement. If a required fee is not paid for a 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)). 6. All exterior lighting shall comply with Chapter 24, Section 67 of the Butte County Code, Outdoor Lighting Standards. Exterior lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line, or into the public right-of- way. Flashing, flickering, or other lighting that is distracting or may be confused with traffic or emergency signals shall be prohibited. 7. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. 8. Prior to the recordation of the Parcel 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. Zoning Administrator Decision (ZDN) 14-0007 TPM14-0003 Date: June 25, 2014 Page 10 of 11 9. Prior to recordation of the Parcel Map, the applicant shall record a Notice of Proximity of Airport acknowledging that the subject property is located in the Oroville Municipal Airport Influence Area, and would be routinely subject to overflights by aircraft potentially causing inconvenience, annoyance or discomfort arising from the noise of such operations. 10. 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: “The project parcels are in the proximity of the Oroville Municipal Airport and are subject to aircraft overflight.” 11. 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: “Airspace review by the Airport Land Use Commission is required for all objects over 100 feet in height above ground level.” Public Works 12. Prior to recordation of the parcel map, obtain an encroachment permit and improve all new and existing driveway approaches as specified in the county improvement standards and the terms of the encroachment permit. 13. Prior to issuance of building permits, drainage plans and calculation shall be submitted to and approved by the Department of Public Works. Engineering plans shall detail existing drainage conditions and specify how storm water runoff will be either detained or retained onsite and/or conveyed to the nearest natural drainage channel or publicly maintained facility. Engineering calculations shall show there is no increase in peak flow runoff leaving the property. 14. Prior to recordation of the parcel map in accordance with Butte County Code Section 26- 25 either: a. Show or note the existing regulatory flood plain on the map; or b. Establish the regulatory flood plain and then show it on the map. 15. 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 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).” 16. Show all easements of record on the parcel map. 17. 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. Zoning Administrator Decision (ZDN) 14-0007 TPM14-0003 Date: June 25, 2014 Page 11 of 11 18. Pay the recording fees in effect at the time the parcel map and related documents are recorded. 19. Prior to recordation of the parcel map, pay all applicable assessments established by affected assessment districts, in full. 20. Place a note on a separate document which is to be recorded concurrently with the map or on an additional sheet of the parcel map regarding the limited future development on the parcels. The following note shall be recorded: “Until such time as a secondary point of access is created for Middlehoff Lane, the parcels created by this division shall be restricted to one (1) dwelling unit per parcel.” 21. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map regarding drainage. The following note shall be recorded: “Prior to issuance of building permits, drainage plans and calculations shall be submitted to and approved by the Department of Public Works. Engineering plans shall detail existing drainage conditions and specify how storm water runoff will be either detained or retained onsite and/or conveyed to the nearest natural drainage channel or publicly maintained facility. Engineering calculations shall chow there is no increase in peak flow runoff leaving the property.” Butte County Fire Department/Cal Fire 22. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with current Butte County Improvement Standards. 23. 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. 24. In accordance with Section 13 of the 2006 Butte County Improvement Standards, 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 system in one and two family dwellings and mobile homes (NFPA Standard 13D). 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.