HomeMy WebLinkAbout84-45 MOOSEBERRY/ BURREU GPA/REZ 8 OF 12,
,
Page 2-i,8, `Sec 4,3-3(f), Issue%Policy
The Butte County Schoi�l District sha�ild
Pae ?- r
g 18, Sec 4,3-3(f), Issue f Policy
work closely with owners of lttgging;trucks
and school busses ,regarding placement of
The .Butte County School Districts ,Should
work closely with owners of logging trucks
citizen, band radios on school, busses for
communications with: logging gg truck
and school busses regarding placer.�ent of
citizen band radios on school busses for
g
operators, reduction in speed of la
r gging
! trucks during hours when children
coinmun%cati ons with logging truck
operators, reduction in speed of logging
are
waiting for or exiting ,School busses gnat
notification about school bus routes.
trucks during hours when children are
waiting for or exiting school busses, and
notification ,about _school bus :routes=
Page 2-19, Sec 4.3-5 (a)< Implementation;
The County shall support the California
A g e 2- c
Page. 19, Sec 4.3-.! a
(`) Implementation.
De partment ofFood and. Agriculture in its
DELETE (Already being dene trader
State lav,)
proposal for reporting of total pesticide
use iri a griculture and forestry,
Page 2-19, Sec. 4.34 (a)Implemerit}.ation:
The CountyP
shall encourage
Page 2=19, Sec. 4.3-7(a)Implementation.
lementati
the
Department of Forestry to cQnduc an,
inventory of,
on•
(CIIANGi� ) The County shall encourage
the Department of Pore i
existing and potential VI kgin
and residual stands of old growth forest
inventory of yew trees and existing conduct an
d
on private timberlands in. Butte County.
potential virgin and residual stands '
growth forest al standsof old
on private ds h
.Butte County; -
Page 2.20, Sec. 4.3-5 Issue Poli c}%.
Landowners adjacent to timberlands shall
i
Page 2-20, Sec. 4 3-3 Issue Policy.
she educated regarding the regulation of,
and thed
Potential
timberlands r)shall be nn ��e n ens adjacent to
regarding the
j short-term. nm acts
t } P .
a,,socnated with umber harvestri g
regulation of, and the potential short-term
impacts
operations.
associated with, er harvesting
Operations,, - -
Page 2-20, Sec, 4.8-8(b).. Implementation,
P.
The CountyAssessor shall record
Page 2-20 Sec. 4.3 -
Pa ()
g $ b •Implementation:
noti kation in deeds for land .ad acen
(DELETE)
timberlands that timber harvesting mto
a
occur On adjacent, property, This
notification would
serve to warn
landowners of potential nuisance ef(�cts$
visual impacts from
p c Jearcuttirg, and
impactsre from
Prescribed
p rived vurning
associated withtimbdi harvest. operations.
Page 220, Sec., 4.3-5(c). Implementation.
.Page 2-20, Sec. 4.3-8(c). Implementation,
An educational program shall be
(DELETE)
developed for owners of properties
Adjacent to timberlands regarding the, use
of the clearcut si,lvicultuial, system,
prescribed burning, and herbicides in
forest management in ;Eutte County. The
educational system shall be develop«:d by
an interdisciplinary education team
composed of representatives from
timberland ownerships, environmental
groups, and agencio� of government;
Page 222; Ser, 4.4-7; L..,µ,IWPalicY. _
Page 2-22,_Sec. 4.4-7.:Issues/Policy.
Prior to approval of any mining permit,
(CHANGE) Prior to approval of any
appropriate .noise measurements shall be
mining perinit, appropriate noise modeling
conducted. to ensure strict compliance with
or estimates shall be 'prepared as part of
standards of the County Noise Element
the environmental documents so that the
for Land UseCompatibility forproject
can comply `«rith County :Noise
Community Noise Environments.
Standards:
Page 2-23; Sec. 4.4-11. Issues/Policy.
Page 2-u3. Sec 4:4.11. Issues/Policy.
The County shall enact an ordinance
(RE` VRI'TE) County shall consider'
prohibiting mining activities; in eteas of
carefully, the pros and cons of allowiung,
'rime Agriculture (Class 1 and 2. Solis)
mining activities in areas of prime
and Williamson. Act land.
agricultural land. (Class 1 and 2 Soils.)
Maintenance of agricultural_ production
should be the first consideration,
Page 2-23 Sec 4.4-13)' Issue/Policy.
Pae 2-23, Sec 4,4-13 'issue/Policy.
Asa condition of approval of any mining
IAM) As a condition of approval Of any
permit, a bond shall be posted or some
mi ing permit? a. bond shall be posited or
other financial means secured to require
some other financial xiacans secured to
that any private or public access road used
require that. any private or public access
in conjunction. with a mining_ttperation ba
road used' in conjunction with a mhiing
maintained in optimum conditions ,during,
operation be nnaintained in optimum
operation, and, returned to its :former �
conditions during: operations and returned
standard when mining operations are
to its former ;standard when mining
completed:
Operations
pe ations are completed. This include
my :roads used to haul materials from
quarry to customer,
_ 4
n
Pa,ge 2-24, Sec, 4.5-5, Issues/Policy:
a watershed
'Page 2-24, Sec. 4.5.5, Issues/Policy.
(ADD) The County shall initiate a
T'1n� .
study that includes Awa watershed mapping,
watershed study that includes W Itershed
I ,, � Y p adversepimpactsn
anal sis of potential, develo ment, and
a,Y p
de Aping, analysis of upstream
development, and analysis o£ potential
water, quality The watershed study should
'watershe
adverse impacts in water c{uality The
t stud should identlf and
Y
S ire mitigation measures
identify and require
to reduce the, production of water
,
require mitigation measures to reduce the
production of water polluting wastes and
ollutin wastes.
p "
conservation measures to reduce water
}
Waste.
4
} Page 2 24, Sec,. 4.5-6, Issues/Policy.
-_
of
4 Sea
Page 2-2 , 4.5-6, Issues/Policy.
ciIAI`1 E Investi _ tions of th�M effects
C � �
All investigations of the effects
contaminants on the County's water
-
of contaminants on the Count water
resources shall be supported.
resources shall be supported:
Page 2-2:i-, Sec. 4.5-1, Issues%Police.
Page 2-25, Sec.. 4.5-7, Issues%Polio+,
(GIII�NGE) The obtainment of
The obtainment of addition;tl Water
T
st fislweres
tppltes,shall�iol.ad�erselya£feci�
additio►zal water supplies shall not
. the
fisheries or result
o� ° result in the desl:rucdott of wildlife,
adversely affect .in
y
haneed bNv�i,tat or ti�►ater
habitat.
heseon butohumanlffe
pp shall also be
supplies
considered.
page "' -'� 6 :Sec..; 4,6-1(b)3)�
Page 2.26, Sec. 4.6-1
Imple..Mentation• -
Setback-of 1000 feet from
Implementation.
(CIi.A1VGE) A minimum setback of 250
A minimtun
ticat areas such as deer migration
A
feet from critical areas such h5 deer
migration corridors and fawning'areas. A
corridors, and fawning areas. minimum
setback of burldangs of 2-�0 feet from. the
`
minimum setback of buildings of 150 feet
-
high water line of ati�y year-round stream+
A. setback of buildings of 200
from. l.he yzgl -water line` of ariy year-
round stream A minimum setback o£
minimum P
feet from deer shelter areas,
buildings of 1.00 feet from deem shelter
..areas:.
Pae 2-2g, Sec. 4.6-2 im lementation
g P
Page 2 , _ ,6=2, Implementation.
28 Sec. 4 I %
(Move Page 2 Lo, Sec, 4.6-3, ssue Prllc}►
(None)
to Page 2.28, Section 4.6-2,
I'mpl ementat, 41 The County shall
continue to apdate data on irtigrato y deer
in. Butte County:
page 2.25, Sec: 4,t5.34 Tssttes/Policy,
y , F . to u date data
The Gtunt shall eonl,inu� Updam
Page '2,25, See, 4,6-3, issues/Paliicy.
(Moved. to page 1-28, Se:; 4.+ -2,
on migratory' deer in .Elutte County,
Itn
Implementation,
Page 2-2$ Sec 4.6-3 (a), County shall develop
77he Coun :,,
Pa ��
a
g 2- 28 Sec 4.6-3 (a), Implementation.
a program for
'updating data on, deer populations in
(.DELETE
Butte County, Ti '� program shall include
updating of migratory deer herd range
maps for butte county thAt include °rd
.1`,
boundaries, Winter range, summer range,
critical winter range, critical summer
range, major migration.ro;ntes, ;known-
(TWCal fawning areas, and knovm holding
areas. Data on migratory deer in Butte
County shall be obtained through
consultation with the CDFG andreview of
other pertinent studies. _
Page 2-30, Sec. 4.6-9(c), Implementation,
A. Butte County Adviso Chou on
ry
Pae 2-
g 30, Sec, 4.6=9(c), Implementation.. '
P
ardwood rangelands ,shall be established.
The Advisory
(DELETE) Not necessary If
implementation 4.6 9(b) is done.
Committee shall be
composed of representatives from the
CDF, State Board of Forestry, University
or California. Coiperative ,Extension,
CDFG and Butte County.
Page 2'30, See 4.6-10 Issue%Policy:
and owners and developers shall be
Page .. 2- 30, Sec 4.640. Issue/poli ey"
educated regarding the value and
Land owners and developers shill be
informed regarding the
management of hardwood rangeland.
resources,
value and
management of hardwood rangeland
rescifirces and Hazards such as oak root
fungus associated with. convert ing oak
groves to 'orchard use.
Page 2-31, Sec. 4.6-10(c), Implemenntatior,.
The County shalt support
Page 2.31, Sec. 4.6-10(c), Impleznent<ttio
non-profit
organizations such as the Butte,
(DELETE),
Environmental Council, in develo rnent of
symposiums and educational' programs On
coriversip of � ardwood _rangelands and
h
oak management
t in urban ;areas:
fi
r
Page 2-33, Sec 4.6-13(h), Implementation.,
Page 2-33, Sec 4,.6-13(h), Implem�; ntation.
(NOi E)
(NEW) The County shall requixe a
permit prior to grading or land leveling
that will eliminate or, modify any
t
recognized vernal pool, marsh or wetland;
Permit process must involve Mosquito
{
Abatement, CDFG, Public Works as well
as Planning;
i
a Page 2-34; Sec. 4.6-14, IsSrue/Policy.
Page 2-34, Sec. 4;644, Issue/Policy.
The County shall encourage and support
(CHANGE) The County shall take an
efforts by the state and federal
active role in supporting efforts by the
governments and private organizations to
state and federal governments and private
acquireK Wildlife Areas, Wildlife
organizations to acquire Ivey Wildlife
Vanagement Areas, Limited and Rare
Areas, Wildlife :Management areas
j 1 ,bitats, and unique Natural Areas for
Limited and Rare Habitats, and U,,nique
t' the 'permanent protection. of significant
Natural Areas for the permanent
habitats and rare., threatened, orprotecdon
of significant habitats and rare,
endangered plant and animal species..
threatened; or endangered plant, and
animal species.
Page 2-35, Sec. 4.7-4(a)�, Implementation.:
Page 2-35, Sec. 4.74(a), Implementation,
(NONE)
(NEW).'County bus routes and schedules
shall be reviewed and porssibly revised to
encourage greater use by both occasional,
riders and commuters. Connections
should be established 4ith inter-county
(greyhound), Butte College, and city
systems:
Page7, 'Sec,, 4.8-6(a) Implementation,
Page Z .57; Sec. 4.8-6(a) Implementation,
(NONE-)
(NEW) Modifications shall be made M'
enforcement practices of the Building,
Code in rehabilitation of designated
landmark structures to facilitate keeping
the structure true to period. Such
modification shall not seriously Imp
public safety,
Page 2-38, Sec. (5-3.3), Issue/Policy.
Page 2-381 Sec. (5.3.3), lssue/Policy,
The County shall protect against
(CHANGE) The County shall evaluate
subsidence r esulting from groundwater,
g f
the Potential for subsidence resulting from
ctrl, and gas resulti
roun�`�ater, oil and ns withdrawal.
g � f g,
Page 2-42; Sec. 5.7.1, Issue/Policy
The County shall „provide for a hea thy
safe, and economical system, for disposal
of solid waste.
Page ?=42, Sec. (5.7-3), Issue/Policy..
(NONE)
Page 2-44, Sec. 6.2-6, Issue/Policy.
The County shall adopt a Quimby Act
ordinance. Under the Quimby Act; ;any
land, fees, or combination,' thereof must be
used to develop new or rehabilitate
existing neighborhood parks, community
parks, or recreational facilities to serve
future subdivisions.
Page 2- 4, Sec. (6.2=8) Issues/Policy,
(NONE)
�i
Page 2-42, Sec, 5.7-1, Issue/Policy
(CHANGE) The County shall provide for
a healthy, safe, and economical system for
disposal of solid waste, domestic liquid
waste, industrial liquid waste, and
chemical waste.
Page 2, 42, Sec. (5.7-3), Issue/Policy,
(NEW) The County shallprovide for an
economical system: for disposal of
hazardous agricultural, industrial, and
household %aste and; containers, including,
but not ,:limited to, -oil, solvents; paint,
chemical containers, sacks, etc.
Page 2-44, Sec. 15.2-6, Issue/Policy,
(CHANGE) The County shall adopt a
Quimby Act ordinance, Under the
Quimby Act, any land, fees, or
combi►iation thereof must be used to
develop new or rehabilitate existing
neighborhood parks, community parks, or
recreational facilities to serve. future
subdivisions, Recreational or public
access may be required as a condition of
development. This �i hall. be considered a -
negotiated agreement for access or use.
Page 2-44 Sec. `('6,241) Issues/Policy:.
(NEW) Nothing in this eluent shall oe
construed to provide public keess through
Of onto private land;; except where such
access or use is negotiated NVI the
oner(s).
ENERGY
page. 3-11, Sec. (3.5-4) b).
7Page 3-11, Sec. (35-4) b).
Industrial, applications of cogeneration
(CHANGE) Industrial app lications of
facilities should not be permitted within
cogeneration facilities should not be
1.000 feet of a residence or other sensitive
permitted within 1000 feet of a residence
landuses such as schools, hospitals, or
or other sensitive land uses such as
nursing homes, nor shall new sensitive
schools, hospitals, or nursing homes, nor
uses be permitted near existing facilities..
shall new sensitive uses be permitted
A ,greater distance may bt; necessary due
'within 1060 feet of existing facilities. A
to localized' conditions such as prevailing
greater distance may be necessary due to
wind direction and speed:
localized conditions such as prevailing
wind direction and speed;
Page -12, Sec. 3.6.4
Page 3-12, Section. 3.6.4
Decreases in groundwater supply could
... Decreases in groundwater supply could
result in vegetation Diss, deeper wells,
result in vegetation loss, deeper wells,
land su.bsidence,and !.a overall loss of
land subsidence,and an overall loss of
available water supply l fAr the county#,
available water supply for the county, as
well as changes in water quality.
Page 3-22, Sec. 3.11-5
Page 3-22, Sec. 3:11-6
(NODE)
(NEW) Transmission lines will be located
in accordance with EMF standards as may
be adopted by the 'State or Federal
governments.
Page 3-29, Sec. 3:12-12
page 3-29, sec. 3.1242 '
Landsca. ping should be required and
(ADD) :Landscaping should bf, .required
designed for new commercial and public
and designed for new commercial and
p arkin lots in order. that 50 percent of
P
.
ublic arkin lots in order that- 50 -
p p g
the paved surface would be shaded Nvithi;n,
percent of 'the paved surface would be
15 years,
Shaded within 15 years. Individual pati:king
space size and the number of spaces'
required shall be flexible ('within +/-
1090) to accommodate saving existing
trees on the;. site to be developed.:
i
f
NATURAL RESOURCES
Mage 4-14, Sec. 4.2-1 (b)
(NONE)
Page 4-14, Sec. 4.2-1 (b)
(NEW) The County shale require
agricultural easements (setbacks) in new
develppment[ adjacent to agricultural uses
existing or poteritial. These setbacks shall
be at least 100 feet. These
setbacks shall
be entirely at the expense of the new
development and
not at the expense of
adjacent agricultural; land.
Page 4-15; See 4,2-4 (b) _
Butte County should develop a court h'-
page 4-15, Sec 4,2.4 (b)
(DELETE)
wide za,nixrg overlay system for Transfer
Development ;Rights (TDR). The TDR
zone designation would be applied, to:
valuable agricultural land threatened by
developent pressures. The development
rights of this land could be Purchased and
transferred to another location where
development is more appropriate
Page 4-26 4,3-3 (g)
(1VONE)
Pa
Page 4-26 4.3-3 (g)
-
( ) County
NEW The C:oun Shall implement - � a
requirement that -any -,land, public or
private, proposed for timber harvest be
surveyed for the presence of Westem Yew
or other medicinal trees. Provision; shall
be Made for harvest or
preservation cif
such. trees for medicinal or propagation
purposes.
Page 447 Sec, 4.3-3 (h)
(NONE)
Page '4-27, Sec. 4.3-3 (h)
(NEW) The County shall request the
Board of forest to adopt County
�' P ty rules
and :regulations
Page 4-40, Sec, 4,4-11, Issues/policy,Page
The County shill enact an ordinance
4-401 Sec 4.4=1`, issues%policy,.
i i , .
prohibiting , numng activities in areas of,
Prune Agriculture (Glass 1 end 2 Soils)
(RE�VRITE) County Shall consider
carefully the pros and cons of allo�r�an
and Villiamson. Act land.
'maning activities in areas of riYn '
p
agricultural land, (Class 1 and 2 Soils)
lvtaintenarice ofgricuiWal production
should' be the first cohsideration..
Page age 444, Water Suonly
Page
4-44, Whter S
,11
r
Domestic water, supply in the county is
(CHANCE) Domestic water supply in
managed by local coater companies and
the county is managed by local wetter
Districts. This water supply includes
companies and Districts. This coater
water for, drinking, residential, and
supply includes water for drinking,
commercial uses. Currently there are no
residential, and commercial uses.
problems with domestic coater supply,
Currently there are drought related supply
however the growth .rate in the more
problerns for areas served by local.
urban centers of the county may warrant
watersheds. The growth rate in the more
-some consideration of future domestic
urban centers of the county may warns t
water demands, A, significant portion of
some consideration of future domestic
domestic water is obtained through private
water demands. A significant portion of
f residential wells. although some residents
domestic water is obtained through private
have bad to increase the depth of their
residential wells. Although some raidents
i
wells, there are no areas of serious
have had to increase the depth of their
overdraft identified in, the couhty. ('Milt
i�Vells, there are no broad areas of'serious
14cVi6kers, personal communication).
overdraft identified in. the county. (Milt
j
McVickers, personal communication).
There is evidence of localized overdraft in
foothill "hard rock" areas.
Page 4-45, Provision of Domestic W_,,_at,_r
Page 4-45, Provision of Domestic Water
i S'u�S-unc�l'�
The California Safe Drinking Watler Act
The California Safe Drinking Water Act
i ensures clean drinking coater for they state.
ensures clean drinking water for the state.
The provision of domestic water in the
'The provision. of domestic water in the
county, is regulated by the State
county is regulated by the State
Department of Health Services if the
Department of Health Sen�ices if the
project exceeds 200 service connections,
project exceeds 200 service connections,
while the Butte. Count), Department of,
while the Butte. County Do nartment of
Environmental Health regulatesprojects
Environmental .Health ret res projects
nvolvin less than ' 200service
invo- lviing less than :r, service
connections. In addition, AB 1.803, passed
connections. Effective I ,` ''a, water
in 1;085, "requires, monitoring of public
supply systems serving 1 w art 200
drinking water wells for organic chemicals.
service connectimis will Y r,: �, . rated by
.
the State Department of. i kServices
unless'the State, by co'nti,, .' delegates
-responsibility to the, County.
12
� ij'
g _ (
Pae 4-47 Contamination
P age 4-47 Contamination
�
Water can become degraded, through
(CHANGE) Water can become degraded
(
contamination. Some of the'water
through contamination. Some; of the
' contaminated, "n the county can be
water contaminated in the county can be
attributed to septic tanks, agricultural
attributed to septic tanks, agricultural
pesticides, and mining operations, ...
pesticides, industrial processes and mining
... If a new development cannot meet
operations...,
the acreage requirement, ,it is constrained
.,. If a new development cannot meet
i to incorporation into the city's sewage
the acreage requirement, it is constrained
sateri* ,y;
to incorporation into the city's sewage
system. The Regional Water Quality
Control Board has adopted a Basin Plan
Amendment that requires the provision of
public sewers to the entire Chico Urban
i
Area by July 1, 1995.
The County has also developed a
I-lazardotis Materials Emergency
Rasponse Plan to fulfill the requirements
of this bill. Public drinking water wells
are required to be monitored for organic
cheirucals as per 'The California Safe
Drinking Water Act; ,,
,Page 4.49, Sec 4.5-9
Page 4-49, Sec 4,5--9-
(NONE)
(NEW) Groundwater shall not be
exported from the County,
Page -53, (Col. b 2nd para.)
Pae 4
Page 4-53, (Col. b 2nd para.)
The stored water, is delivered during
(CHANGE) The stored water is delivered
gati on customers,
summer to irrigation
during summer to irrigation customers and
g
other Califoma water project customers.
4 • b 3
)
Page 4-61, Sec.()
a S e '
g c, 4,6-1(b)3)
Implementation.
A minimum setback of 1,000 feet from
Implementation.
Impementa+
(CHANGE) A minimum setback of ' 0
mi
critical: areas such as 'deer migration
feet Froin, critical. ':areas such as deer ,
corridors and fawning areas. A minimum
migration corridors and fawning areas. A
setback of buildings of 250 feet from the
rrum.mtrm setback of buildings of 15th feet
'high water lute of any year-round stream.
from the high waster line of any Year-
A minimum setback of bufldings of '200
round stream. A mfiuinum setback of
feet from. deer shelter areas,
buildings of 100 feet from deer shelter
areas.
Page 2-30, Sec 4.6-10 Issue/PolicY�
Page 2.301 Sec 4,640. Iss d/P0ii .
I3
,y
kL
IY
_
.RECREATION ELEMENT
Page 6-2, Sec 6.1.2
Page 62, Sec: 6.1.2 (Nl1W)
County facilities - Butte County
Fairgrounds, Gridley, Facilities, buildings,
R.V. Camping, reunion facilities,
receptions, dinners, etc, available by
reservation and rental fee.'
Page 6-10, Sec. 6.2-1
Page 6-101 Sec. 6.2-1
(NEW, renumber following policies)
NotKig in this element shall be construed
to allow public access toprivat�W nand
Without the consent of the owner or unless
a negotiated and defined easement is
granted to the public (County). Public
access allowed or negotiated shall .not
constitute vested interest in the access fti
any action involving adverse
condemnation.
Page 6-10, Sec: 6.2-2 a)
Regional Recreation Coordination shall
,Page 6-10, Sec, 6.2-2 a}
(DELETE)
i be assumed by the Plannin- Department,
.some other app top ty agency or
a nevi. County posi+
Page 6-11, Sec: 6,2-,,,
Page 6-11, Sec. 6:2-4(4)
Regional Recreattun Coordinator, the
(DELETE)
County shall work with the Recreation
Districts, and all pertinent state and,
federal agencies to locate and map the
county's trails systems. This informadoft
shall be made available to ;the pul?lie.
Page 6-110 Sec 6.2-5 a)
Page 6-li, Sec 6,2-5 a)
As Regional Recreation Coordinator, the
County shall wank with developers and
(CI3AI GE) The County shall Work with
developers Recreation
Recreation District representatives to
and District
representatives to assess the appropriate
assess the appropriate land dcreage, fees,
land acreage, £ees, or combination tlieireof'
or combination_ thereof to enhance and
- i
to enhance and contribute,
ute to recreational.
,n
contribute to recreational opportunities t
County.In additio n the Count sha
opportunities in the County, In addition,
tme
implement the adopted Quimby Act
P y t
the County shall' implement the adopted
QtVmby Act ordinance which appiies to
ordinance which applies to the
unincorporated Chico Urban Area.
the unincorporated "Chico U ban .Area,
15'
kL
Page 6141 6.2-7(a)
Page 6-11 6.2-7(a)
ThE; County shall establish and map an,
(DELETE)61_
Open Space Overlay Zone to identify
areas that should be preserved ' as open
space.
OPENSPACE'
Page 7-6, Sec. 7.2-4
Page 7-6, Sec., 7.2-4
The County shall support all state aad
(CHANGE) The County, shall support all
fed.eral legislation designed to preseresponsible.rve
soil. and agricultural
h
reasonable and, state and
federal, legislationpreserve
preservation of agr.culturallandone of s
dB
soil and riculturallaandmake the
highest goals.
reservation of agricultural land one of its
highest goals.
Page 7-6, Sec 7.24(5)
Page 7-6, Sec 72-4(5)
Establish a Joint Powers Authority (JPA)
(DELETE)
with the incorporated cities to permit ,
"transfer development rights" (TDR), also '
known as "development credits",, where
density can be transferred from
agricultural land or open space land
outside the city limits to laird %vilhin the
city designated for development
Page 7 ,_
7.2-4(6)
page 7-7 7.2-4(6
Create `TDRwith. the
program
(DELETE)
designation, of environmentally sensiti'Ve
areas (donor sites) and the rezoning of
- receiver, sites
16
_
n
RESOLUTION'52-2
A RESOLUTION OF THE PLANNING COMMISSION 017 THE
c"OUNTY OF BUTTE ApPttOVING AND RECOMMENDING TO
TI -M BOARD OF SUPERVISORS THE ADOPTION CSF THE
ENERGY, NATURAL BF_.SOURCES` AND RECREA'T'ION
2
ELEMENT OF TUE BUTTE COUNTY GENERAL PLAN
WHEREAS,. the Butte County Board of Supervisors, through an
�h
a ppro rp 'ate application, has initiated an Amendment to the Butte County General
Plan to add ,an Ener Natural Resources and Recreation Element nt (Exhibit A-
1) effective throughout flue county; and
WHEREAS, the proposed General Plan Amendment has been
9
_ studied and reviewed 'by the Butte County Planru, ng Commission, and a public
SCh
hearing held pursuant to law, at which time all interested persons were heard; and
"WHEREAS, the Butte County Flannix g Commission hay reviewed'
12
and considered the contents of the Environmental Impact Report (Exhibit A62)
-,1 3
prepared on thy-, amendment pursuant'to the California Environmental Quality -Act; - --
14
and
�5
WHEREAS;, The Butte County Energy, Natural Resources and
;1r6
Recreation. Element is an integral part of the series of Elements which compr;,e
17
the Butte County General Plan; and
WHEREAS The Butte County Energy, Natural Resources and
19
,zo
Recreation ;Eleniorrt is a. comprehensive, internally consistent and iong range
+'?4:
statement of Butte County's ever natural resources and recreation development
t�'�
3
tat
policies; aril
23
WHEREAS, The Butte County Energy, Natural Resources and
R,4
s the foundation and long range lanrun
Recreaton Element 1 g g. planning g guideline for
i nt Eli
MM
"ill.
implementation of the Count ' goals, _P tys g , ,policies .and objectives relative to'resource
production and protection; and
3
WHEREAS, The intent of the Butte :County Energy, Natural
Resources and ,Recreation Element is to be both informative, providing the reader
,6
- with a comprehensive resource background, and instructional, containing sufficient
flexibility to allow for interpretations by the County; and
g
WHEREAS; The- ;Butte County Energy,, Natural Resources and
g
Recreation Element ,provides realistic, enforceable policies to resolve conflict and
.10
establish, long range planning directives for the County with regards to energy
development, natural. resources protection and recreations and
12
WHEREAS, The Butte County Energy, Natural Resources and
Recreation Element responds to , and derives its aufl:arity from, the California
14
Government Code and serves as it, guide for local decision makers, and
WHUREAS, The Butte, County Energy, Natural Resources And
Recreation t -lenient, along with the General - Plan's other elements contributes to
18
the long-range, planning up g g +idrAr►ce for growth, development and preservation of
19
natural features in Butte County; and
20
WHEREAS, thel Butte County Planning Commissions finds the
proposed amendment (Exhibit A1) together with the other applicable Elements
�2
of the Butte County General Plan does comprise an overall internally consistent
23
whole:
24
NO; THEREFORE, BE rr RESOLVEDTHAT;
STATE W'-AIFORNIA-4HE RESO t,RQS AG�t ICY PETE W1150N, CoOM'Mr
CALIF09NlA ENERGY COMMISSION
1576 ktN+'SH
„STREET ,F
SJwCRA?rhtiO, CA, 93814«S512
rnw
April 2, 1992
Or, David Hironimous
butte County Planning Department
1 County Center Drive -
orovlle, CA 195965-3397
Re: S.itihcr and. Permit Assistance Grant #98;6-87-009 :and
Grant #992-88-001
Dear Dave;
Thank you for .v,our recent submittals related to the Energy, Natural
Resources, and Recreation Element/EZR grant and the dIS grant
In regard to the Element/EIR 'grant (#986-87-009), my supervisor
groes with zy assessment that the ;County has essentially covered
;all its bases and the Commission Will not suggest any further
ivisions. Please continue to submit any additional revisions to
be as they are completed. After adoption by the County, we will,
need to receive. three copies of the Final Element and EIRl as well
as a Final Report: We look forward to wrapping up this grant soon.
In regard to the GIS grant ('�99 `=88-`0O1) r your letter of March 21th
with attachments will sery11 e as your last Quarterly Report, but We
do need to receive a request for an extension of tido or three
months in order to receive and complete all the necessary paper
work. I assume your agency,has_completed all: formal approvals for
the GIS system. Please let me know if there are any outstandin5i
actions the County must take in regard to the.GIS We also need a
-Final Report for our records. The report should '-include'
-
I. The name and address of the contractor used, the ekact
timeframe of the contract, a concise statement of the work
I fo i.Lshed: and Your evaluation of the contractor's
pet , rmance;
2. Anticipated general applications of the GIS and any specific
projects you ;know of at this time that it will be used for;
3. An evaluation of the. Grant administration process, %e., ;any
difficulties encountered in the Commission's process or
suggestions for improvement; and
4. Completion of the enclosed 8iting and Permit Assistahce �rarit
Porro rain Questionnaa.re. We will be Contacting you in the
future to assess the grantO s o; going benefits to your ageshby
and other jut sdiotions
J
�! 09,
4 The proposed element frequently requires condit'iona.l
use permits and other related procedures for too many actions
which will be regLired of property owners + Each conditional
use permit and other related procedure will require the
property owner to pay a heavy fee or charge to the county over -
and above tine general taxes already paid by property owners.
Existing fees and charges exacted by the county are an exorbitant
and excessive burden on property owners, and are making many.
potential and existing wage -paying businesses uneconomic in
Butte County,
S. The proposed element needs to be completely rewritten
b� a committee of economical ly-responsible citizens not by
government employees and consultants, the aggrandizemant of
whose petty power and employment is widely viewed by a candid
public as the principal reason for creating paperwork mazes
prrrpos~ed -element,
6. Several of the policies set forth in the e`neryy
section of this element are technologically -primitive. They
appear to have been written to give the impression that a.n
energy element has 'been provided The proposed element would
benefit from more engineering and scientific input._
7. The proposed element sti`1 1 contains policies which
would clearly constitute a taking without compensation if'
implemented as 'Irlt,ten The most, basic idea of justice
would`xe�ure better treatment of pro-perty o -mars .than this
proposed Plemebt provides
B Over 90 percent of the property owners in the
_ pa.lertao-Horicut rezone area have indicated that .they Wish
their 'zoning to remain A-5. There is no reasonable doubt
that other owners of similar; marginal, agricultural acreage
elsewhere in this county Want the same consideration from
their county government: Ye , this Planning Commission ha't
continued on a. course - of which thin; proposed element is
only, one part of building layer, upon layer of arbitrary
and capricious pol icy - designed 'to deny property owners
the highest and best use of their hard-earned property,,
Very tru I y yours, -
Harold 'H. Gall ie'tt; Jr.
Chairi»an
1310 IVY ST. CHiCO CA 95926 '(916) 345-7265
January 29, 1992
Dear Planning Commissioners,
I represent the North Valley Center of Appropriate Technology
(NVCAT). We would like to provide further comment, in addition to those
already provided in the process of producing the County's Energy Element,;
on the latest draft of the element. We have, a number of concerns with
regards to this document and to the process for developing the document.
Listed below is a summary or our concerns: ;
1. What happened to public comment and the Technical AdvGsory
Committee? While we (NVCAT) were; not included in the TAC for
this element, Butte Environmental Council, and others, ,asked 'us to
comment on. the energy aspects of the document and to stand in for
them during the energy discussions. To my knowledge this group
only met twice prior to the development of the draft element and
never after the draft was produced.
2. What happened to the feedback that we: and others gave with
regards to this element? A number of questions have been, raised at
various bines to which there was no response either in the EIR
(which is required: in order to finalize and certify it) or by
correspondence.
3. How can, a Final EIR be adopted on this document when the
document has not been finalized?
4. Why has this process taken so long?
5. 'Other specific comments regarding the contents of the el ment will
be discussed below.
GOALS and OBJECTIVES
We ;feel that the stated goals and objectives of the energy portion of this
element are inadequate for adopting even the spirit of an energy element, As
defined by the Office of Planning anci IZeseareh's -1 90 General: Plan
GGi ideline a goal is '
.,. a direction -setter+ It is an ideal future end,,cmiditioii or state related
to the public health, safety or ,gmetat welfare toioard zvltielr plomin
and' planning implementit tion tneasures are directed. A goal is it
gerwal exprIess o►t of coot unity values atria, therefore, is abstract bt
nature. Cortseque>ttly, a goal is generally not quantifiable, tithe -
dependent oi' suggestive of speeipc actions ,for' its achievement. o
11
�. N it
CA7" Butte County Energy Elemenf
and an objective is.'
a specific end, condition or slate that is an interniediate step toward
attaining a goal. It should be achievable and; when possible,
nteasuravle and time -specific. An objective may only pertain to ofte
particular aspect of a goal or it nuzy be one of several successive steps
.toward goal achievement Consequently, there may be more than one
objective for each goal.
Butte County's Energy Element has only two stated goals and objectives
relating to energy They are as 'follows:
Goal 3: Maintain a balance between energy development and natural
resource protection.
Objectives; Provide siting criteria and establish resource protection
priorities for the various types of energy facilities
Goal 4. Promote energy conservation in all types of existingand
and
,
proposed development.
Objectives. Adopt and implement an Energy Conservation Ordinance for
the County; establish an energy conservation educational
progrant.
Neither of these goals set much direction nor do the objectives provide a
specific end, condition, or state that is an intermediate step toward attaining a.
goal. Furthermore,.`there are rio a—hicvatde measurable and time -s eel c
Pf fi
objectives listed iri the goals and objectives section.
The followin are examples of some of a number of possible goals and
g
objectives which we feel will set the direction the "county needs to be striving
towards. This list is not meant to be comprehensive as there may .many
more and. better -goals and objectives which could be developed and
implemented;
Goal: lvlaintairt and/or enhance the general standard of .living, the level of
employment; and the quality of the environment through the
conservation of energy resources, the efficient use o.E energy, and the
development Of, locally available renewable nondepletable energy
'resource's.
Objectives, -Reduce energy use in all sectors by 25% by the year 2000.
` R
duce 'energy consumption at County facilities by 40% by the
year 1995, ble sonde
resour'c'es on all newly constructed ties, le energy,
Lt�2e loeall available renews
County facilities
Page 2
A
NVGAT Butte Cahn Ener Element
--- _ ty 9Y
-Increase locally produced environmentally -sound renewable
energy resources in order to provide for at least 20% of the
C:'ountys energy Mase.
Gaal: Reduce the outflow of local dollars for the importation of non -local
energy supplies,
Objectives: -Provide incantfi es for energy conservation and renewable
energy production.
Institute a county Energy Department by 1992 to assist in the
promotion. and education of the County's energy policies.
Goal: Reduce the economicburden caused by rising costs of conventional
energy resources and the imposition of utility taxes.
J -
Ob -Assist,the County's utility consumers in saving energy costs at
least equivalent to the increase in costs (5-5%) associated with
the implementation of the Utility Users Tax:
Goal: Protect citizens from severe hardship caused by disruptions in energy
supplies.
Objective: -Develop an energy contingency pian. by 1995 to insure adequate
energy resources will exits to minimize hardships and maximize
P1 74
public health and safety :-in the event of -a disruption in energy
supplies.
Geral. Maximize the beneficial effects and minimize the adverse effects
associated. with the ;siting of major energy and transmission -facilities.
Objective:-1denti ', location:; throughout the 'County where the siting of
major energy production and transmission facilities would be
environmentally, benign and econornlcally beneficial.
Goal. Promote the use of telecommunications in order to reduce transpor=
tation and land use demands.
Objective- -Stimulate the utilization of . telecomm tin ications in County
operations by establishing satellite offices e ui ed with
q PP
computers, moderns, electronic media and ether equipment, in
Variouscunities where County employees live
Provide a mputer-Based bulletin board conferencing-__ ..
and
networking system ih County 'libraries to allow, input into the
County's decision -►n king process and to alloy public access to
public information L:�id databases.
Page 11
V VCA T Butte County Enemy Element
Goal: Promote safe energy extraction,• uses and s4i:;teins to benefit local,
regional, and global environmental goals.
Objective; The. development of all major energy tacilities will require full
disclosure of environmental, econoitic and social impacts`
ttwoligh tl,e use of the California Environmental. Quality Act's
Environmentai Irnl.,act Report process.
Goal; Minimize energy consumption attributable to transportation within
the County.
Objectives:: By 1995, review all general plan elements, zoning ordinances,
standards ;and other ordinances to deternune their overall effect
on energy cofLsumption throughout.
-By 1996, provide a plan or rewrite all general plan elements,
zoning ordinances, standards and other ordinances to maximize
.the efficient use of energy in all facets of transportation, land, use
and zoning.
-Rewrite zoning and the land use element of the County's
General Flan to reduce the number of scattered small acre parcels
and, increase the zoning: density in non -incorporated rural
comnnun les;,
-Establish a county wide ►bicycie facilities plan by 1995.
POLICIES AND IIviPLElyt ITAI'101 MEASURE
If the goals and >objectives developezi for this element were found to be
q p p t leave much to be _
d�.sired. At the policies and im lei tentation ensures lya
inadequate, the planning commission meetingof Januar 23, 10927,-W Lynch
indicated that the, purpose of a general plan .element is to provide generalized
;guidelines far the county. If that is the case, where and when do the specifics
get develop'e& Or does this,fust becornp, another document sitting on.a shelf
in some out of the way corner of county "bureaucracy?
The ;purpose of a goal statement may be generalized but that is not the
purpose for policy and implementation measures as defined by the Office of
Planning and Research's 1990 General Plan .Guidelines ;
A M`I'Q , is a specific statentent 'that gvbies decision makiiiz It indicates
a clear c6inrriftment of the local legislative body, A policy is based on a
general plant's goals avid objectives as well as the ajial ysia of da a:
For u policy to be tt ful as a pide to rection it must be clear and
intbi ism is, ,he practice of adopting broadly drawn and �gue
policies_ unacceptable. Clear policies are paIrtidularly imp,o dill, wherf
Page 4.
fat s �rA i Butte County Eneryy EleT t
it comPS judgi)ig whether ! or not zoning decisions, Subdivisions,
public works projects, etc., areconsistent° with a general plan.
Use of the work "should" to give the impression of more commitment
than actually intended is a common, but unacceptable practice. it is
betier to adopt no policy than, to adopt a policy with no backbone.
An implementation measure is at action, procedure, program or
technique that carries out general plan policy. Each policy must have at
least one corresponding implementation measure.
Much of the text of the, element could be omitted by combining the
"cookie -cutter" policies and unplementation measures developed for
biomass, cogeneration, solar and windy For example, look at the following
Urnplementation measures;
The County shall amend the Comprehensive Zoning Ordinance
allow solar energy conversion facilities to be conditionally permitted in
agricultural and open space area,.;.
The County shall amend the Comprehensive Zoning Ordinance to
allow wind energy energy conversion facilities to be conditionally
permitted in agricultural and open space areas:
The County' shall amend the Cowpeehen. a Zoning Ordinance to
incorporate the provisions of policies regarding the rise of biomass
-_ fuels.
The County shall amend the Comprehensive Zoning Ordinance to
incorporate provisions for locating cogeneration facilities,
They could easily be written as follows.
The County shall. amend the Comprehensive Zoning Ordinance to
allow solar, wind andbibma5s energy convei`sion and cogeneration
facilities to be conditionally permitted in agricultural and open space
areas.
or
The Count r shall amend the Comprehensive Zoning Ordinance to
allow -renewable energy and -cogeneration .facilities to be conditionally
pamitted in agrieultural and open space areas;
Page 5. -
IV V CAT _ _ Butte County' Energy Elea t
The are numerous examples of these types of policies and implemen-
tation measures. ;None of the policies for renewable resources address
'residential, commercial or governmental uses of these resources norestablish
standards for their use. None bf them promote the use of nonrenewables as'a
means of reducing the County's energy dependence. The idea should be to
mace the beneficial use of, ;local renewable resources easier to develop.
Hydroelectric Projects
.Most of the policies developed for the Hydroelectric Projects section are
unnecessary due the regulations of such projects by federal, state and local
environmental statutes such as NEPA (the National Envirortmental
Protection Act), CEQA (the California Environmental Quality Act), the Clean.
Water Act, the Endangered Species Act, and the Clean Air Act etc., and by
such organizations as'USDA ,_USFS, FERC, RWQCB, CDFG and others: Tit Lthe intent of these policies to eliminate the need for an EIR/EIS they' this
whole section should be struck and an in-depth EIR/EIS be conductL;_ 'for all
hydroelectrical p7pjects.
Micro -hydroelectric projects and their potential impacts are not
addressed. What is the potential :for further Hydroelectric power plant
construction within the County?
Solar Projects
The Solar Projects section could be better, served if s policy was
included requiring the County Planning, 'Engineering and Building
Department staff to aggressively follow the Subdivision Map Act (Sec.s
66473.1 anti 66475.3), the Solar Shade Control Act, and the Solar Rights Act.
The same should be considered in the (Residential Development section as
policies in the
the first four Residential idential Development section are solar
a -
policies.
The following is a list of Solar Laws which should be followed during
the planning process.
Solar Las
1 1979 two lar
Beginning on Ja IaWs went into effect in the State
nua . ry
of Callfornia, Which local agencies ate responsible for implementing; the
Solar Rights Act of 1978 (AB 325% Levine) and the Solar Shade Cohtrol
Act (Al5 2321, imbrecht), These lads were enacted to guarantee a solar
y C i planning and
system owners right to s� might b' prohibiting local la
building ordinances from restricting the u.w.e of solar energy ysnte s and
x A s. and
by allowing local governments to adopt solar easement ordinances
h ,. i c oling
to require . e consideration of solar energy for heating and co
opportunities (California Energ��s da not io revert local agencies from
F3,esponsibility, 1979), These l p
Page 6.
NVCA r
But County Energy Element'
developing their own ordinances promotlni the use of solar er7ergy,
systems provided that they do not conflict witii these state laws,
The Solar eIgbts I Act of 1'97a
The purpose of the Solar Rights Act of 1978 (AB 3250, Levine) is to
promote and encourage the widespread use of solar energy systems
and protect rotect and facilitate adequate access to the sunlight which is
necessary to op-arate solar energy systems" (California Energy
Commission, olar ccess: ALocal esoonsi_ bility, 1979, 6),. This law
provides for a number of solar :related statutes in the Civil Code, the
Government Code, the Health and Safety Code and thn Revenue .and
Taxation Code. In addition to providing guarantees for solar access it
also provided for tax incentives for using solar systems. These tax
incentives' are no longer valid, but the other provisions ;of the act are still
in effect.
Civil Code sec. 714, 801, and 801.5 address:; the
'' guarantees of solar
access. Sec, 714 is designed to encourage the use of solar energy'
systems by nullifying, restrictions which may be placed on the use of solar
energy systems, Bec. 801 provides for the use of easements and states
the right of receiving sunlight upon or over land as specified in Sec.
801,5: Sec. 801.5 defines this right as a "solar isasement,"
Planning and zoning laws were modified by Government Codes sec.
65850.5, 66473.1 and 66475.3, Government Code sec, 65850,5
prohibits the enactment, by catles and countiras, of ordinances which
would restrict the use of solar enerl4y systems unless .needed for the
Preservation and._. protection of the .public-health and safety: It also allows
Por ordinances which impose "reasonable restrictions" on solar energy
systems provided that they do not significantly increase the cost or
decreases the efficiency of ,a solar system:
Government Code sec, 66473.1 of The Subdivision Map Act requires, for
tentative map approval, that the design of a subdivision shall provide for
future passive or natural heating or cooling opportunities, These
Opportunities pp rtunities shouldinclude structure orlentatloli on an east-west axis,
access to natural shading features and prewaNrng. breezes and other
natural geomorphologic attributes of a site:
Government Coda sec, 66475,3 also in of Tho Subdivision Map Act
allows cities and counties to enact ordinances which, as a condition of
y
tentative map ap4,rovalr provide for the dedication of solar easements
which will allow, each parcel or unit in a subdivision access to sunlight*
The ordinances must contain specific standards f0t determining the exact
dimensions and location of easements and any restrictions on
vegetation, buildings and other structures which would obstru^t the
Passage of sunlight through the easement.
Page 7.
Y
t�
i
NVC AT Butte CountyEnergy_Element
The Solar Shade Qontrol
The Solar Shade Control Act (AS 2321, imbrecht) was instituted as
Chapter 12, Sections 25980 through 29586, of Divisi(jr 15 of the Public
Resources Code, to protect the use of a solar enerfil from the
acts of adjacent property owners. It prohibits property o-,;vners of adjacent
properties fromplanting vegetation, after the instaiation of a solar
s stem, that Would shade more than 10 l a solar collector
between 10 A.M.. and 2 RM. This law also specifies glee location of solar
systems.
The production of commercial ,agricultural crops and replacement trees
and vegetation are exempted from the provisions of this law. The law
also allows for an exemption of the Solar -Shade Act for the placement of
a solar system on a property which may impact the solar system of an
adjacent property provided .that a finding be made that the solar system
would provide more energy savings than the one being impacted.
city
oor
Thisaw nty,Iso to enact am ordina ma
ance vote Of exemptine heir jurisdiction
u governing
nofrom the
provisions of the Solar Shade Control Act. 9
should beone of t'The develoP meno a solar easement ordinance (G.C. Sec. 66475.3)
policies in this section, The ordinance to be developed
should be the actual implementation ;m0asure of that policy.
Energy Conservation
Anothersection we feel should be completely rewritten due to the lack
- of adequate policy and -Implementation measures is the Energy Conservation
section.
Residential Development
The first, four policies dealing with new residential solar iaccess and
energy conservation are covered already in the Subdivision Map Act and the
State's req- fired Residential Energy Standards (aka, Title 24). To include:
them without providing specifics as to their implementation is inadequate..
The MLY implementation measure in this section. simply states (with a
definite SHOULO) that
3.:1261(i) All of the Energy Conservation policies should be 'neot porated
tufo a County Conservation Ordiitanee,
Remember the 1990 General Ilan Gu dellaes suggest that an tniplemot tit tign
tiieastire is ait action, procedure, proge'dot or teclutique that carries out
inendeal plait polity, Each policy must` leave at leas, one 0o * . - I.. d'iig
ipletiie ttatim"I wea$ur'e, There are no suggest ons (other than the Contents
Page 8,._
NVCAT Butte County ,Energy Element
of the policies) for whata County Conservation Ordinance shall contain, who
willdevelop it, and how will it be enforced.
The only policy which mentions conservation (the use of solar energy
is not conservation, it is production) policy is in the revised: -
3.12-5 The County should adopt the Unifornt Building Code and
adhere to the energy conservation measures contained thenln.
There are four problems with this policy statement. First, the presence
of the ubiquitous should; second, contrary to popular belief, the Uni:orm.
Building Code (IJBC) does not address nor contain any energy conservation
measures (see attachment; Chapter 53 of the TIBC); and third, does this policy
apply to new' or existing ° residential, commercial, agricultural and/
or
industrial structures? Fourth, the County has already adopted the UBC! Why
haven't the energy conservation measures contained therein been adhered.
to?,
The LBC is adopted as the building standard for most building. .
departments in most cities and counties in the U5. Each jurisdiction has the
ability' to enhance the UBC to meet their own special needs. A jurisdiction
may adapt a state standard, such as the Residential and Nonresidential Energy
Standards (Title 24), and incorporate them into the jurisdictional building
code along with the. UBC. This thea would bec nle the County Building
Code, not the Uniform Building- Code, In that case it has already been
adopted and this policy do not -have -to be in the element.
Furthermore, the UBC typically covers orgy new construction or
remodellin and would not address the energy conservation needs of pre-
existin residential, commercial or industrial 'buildings-- There are no
indications that this element will aadress these needs either. We would like'
t
Conservation the
include a Residential and Commercial. Energy
Is Policy 3,124 consistent with County road standards? And how will it
conserve energy? Tt does not .mare a .lot of difft ince how the subdivision
streets are laid out if the subdivision. is located miles away from services.
Commercial Development
Again most of the com enis made for the residential section can be
applied here 'with ,regards to these polices.' Title 24`s Nonresidential Energy
Standards already cover the first three policies (with definite sh _s) but the
County can improve on them if they shD:uak choose to,
page 9.
Y
611VGAT 8Lme County Energy Element
The landscaping suggestion is rather weak. The standard most people
are going with requiresone shade tree for every three/ six parking stalls. It, is
possible (and beneficial) to easily increase the shading to 70-80%a.
Transportation
More shoulds and no implementation ;measures„
What encourages the use of bicycles? This was never discussed, in the
text. Is the planning department or a developer going to automatically know
that grades steeper than 7% discourage bicycling or that there are a whole
different set of assumptions needed for bicycle transportation?
What about encouraging the use of feet/walking?
Which public transportation opportunities should the County consider
and how should they consider them? By ordinance; by standards, by density
Criteria, by funding/developer fees7 Public transportation, needs to be
planned into all aspects of the General Plan and not just be given lip service..
Education
A shall, but a conditional shall and no implementation measures.
Good idea, but how will the county do this and when? Why will (should)
they rely only ort the utility
1VVCA`T have been involved,
to provide energy education We
( ) olved in energy education. since the late 70's. The
university (CSU Chico) has also been involved.
The County should establish an Energy Department which: would
oversee. that Its energy ordinance, Title 24 and the .energy aspects of the
Subdivision Map ,Act are observed:
X hope that this will clarify our position better and point out some of
current. We do not believe that this is an adequate
document as currently written and would like to see sorne of these 18s►408
addressed. We would also like to be noticed prior to any public meeting in-
which these issues will be discussed so that we can respond to any questions
and/or issues ,you may have.
Sincerer
v,
Tom Barrett
Director and General Manager
Irl"VCAT
cc Board of Supervisors
Lorri Gervais, Calif, Energy Commission
Page 10.
IWMDfX UNIFORM BUILDING CODE APPENDIX
19961 DrnoN
(c) Altersttona, Eiepair>s and Maintenance. Alterations, repairs and mainte. Chaptet 53.
mice Shall be made as required by part XII of the ANSI Code.
(d)11egxctlon Costs. All costs 6f such inspections and tests shall be paid by the ENERGY CONSERVATION IN NEW
ova=BUILDING CONSTRUCTION
(e) Inspection Reports. After each required inspection, a full and correctGonerai se of this p
ttport of Such inspection shall be filed svit,ti the building official.
Unseto 06ndiths _ _ AM construction oC thr e�exte or nvmelope3 and selection or beating,.ventilating
umina I
Sec. SI I4.'Wbrit an inspection reveals an unsafe condition, the'inspector Shall and air-conditioning, Service water heating, electrical distribution and ili
inIMCdiatelyfile with;the owner and the building official a full and true report of ing, systems and equipment requited for the putpose of effective conservation of i
r►uf Inspection and such unsafe condition. If the buiidwg of finds that the energy within a building or structure govettted by this code.
Unsafe ¢onditioo endtri err human life he shall cause to be placed on such (b) Mlodel Erietgy Cade Adopted. In order to comply with the purpose oCthis
elevator, escalator of moving walk, in a conspicuous place, a notice stating that chapter, buildings shall be designed to comply with the requirements of the Ahiodtl
such conveya>ace is Unsafe. The owner shall see to it that such notice of unsafe Entrgy Code promul atcd jointlyb the International Conference of Buitd:�rg
condition is legibly maintained where laced b thebuildiu of The build Officials (IM); the Southern Building Code Congress International, Inc.
in$ official shall also issue an order in writing to the ownerrequuing the re airs or (SBCCi • the guiiding Officials and Code Administrator,« Intcrnational, Inc,
alterations to be made to such conveyance which are necessary tofrenderpitsafe (HOCA); and'die National Conference of States on Building Codes and Stan
and may order th- operation thereof discontinued until the repairs or alterations dards, Inc. (NCSBCS); dated 1983,
are :made or the unsafe conditions arc removed. A
posted notice of unsafe
conditions "1 170 removed only by the building official when he is satisficd'that
dsc Unsafe tonditions.have been corrected. ,
i.
M MY ,s1Wil,r:w..i .F.y
�� 757
4.
C-EMMAL � NATURAL AE4C-L€r';CzrA
�; F'�FT RECREATION
ELEHENTS
g construed to
i z >�Lr B 1 tiFid y Fz t1 ..
:�€ •' a, � the
K1-Iib c�F tie
y eas t' ated and derined -4s.-Ment is grante' to
at �;.�TV's i u u�€E � e PIFEt 11- access 0110V&d. or negCtti rted g_
t7� �%�Fk��:Y,'�'�5�+� �}•��e� the ar_ces=, iFF1 any act7.OT1'
s�' 4ll �i #X. e� f P -' it,X. �+d zit Ithis
facility, -Cdqe1.jer'..1ft�jGn
,�k74.`tvi4 of and - -
r ti
rem
rf 6. i4si fir• ? r t}t�}: ' }s ly ii_
"# _ �; tmc��r�_ saving
�n n sit_ „c i? developedc6n-siderod as tr;e
f?ii' GSi� s �. %bFcA ii ti land$%r'1�#�'3Pgs"
'r. - tir ELETEI3L1TLi"
14. tCt" i need this,
- THIS z�q%t OF f�
1 (4.27-404
of 'G.rt.Cirha33 �31iCsti.'s` �GLd+eYi
all osenvie c ir3aF {s"i F1i`
L�`�� ofli�3it3'.Fier ii : r ieSiCEi $�'L1g �t
"1��i3T[L` 1nt`3ud3'[+•9 but T� at
axte
to�� neF�picar itF
!Pesten �s} � � t E#�b_�'��QerAlits.' t+7 9kners
. .,s-.�.i 01"Z The 5holl �al�tPleAtekt"s� � reac�zren�en
�'Fs�€�' 5�;�e ��:8s�'t �tlFb � t.�'` C5� i^�m,�'�
he
fi Ctt�e 3' b f'6�'Yry e-5�' < N 7 3 Vii€ �a I l
3` P 1.£ti't i,: d fsf cs trees. For or
zounty sci-oo
ct,,. �r .
27
tizg do
Co
n'`r ih�;i-i 4f3`:..-# err s
Tp - M yx-E ijr �ri�'A ems' EDELIe sa Unnecessary oddfLtiS!na
Hs3�
cantis erto*se �'�2r i'rrsSh ej r; Yfl Sens-- ns warded".
t
I A"«I ,01 CPF'.r?P;Tt3
tzons or .'tS#0,4j,
♦ ii.�1.�1'��kiYaiSl+t? ?�� Y•i��Z",x.".ti�:i� ��, �k��C�C.ii�;�r��l
a_a��# Cf3Ci�iuit�#t rxs x�zi toz#
24 � -5) .,! )And' ':^C?'S*'FaP*V4-k'ZOil t*
t a
kllre+ady being d011
44* '6-1 A b 'P '' i YJ S'f i3 v r • °3' }? ;'+`' � f' t� L 1� j�; "p,
p ,i,'+.>'
Ci^3 �'/5�w�,:r�R� w 4 ♦ �,c n y i��i�rS �3,..tp3h
Y♦ 1 1 }� a D? t r V +' ?ice:' " �f r r p 'a !. -
t
Z7w ice. _--iii ; COCLE:tt
,..�.� t;'3♦?rE+ rsr'e Pui,°Fa mol`e, i"°E+r—mK'it jC5 .=
FG
R. v 8x � . a' r; TE 6i+�'t�? •a`t�F'', ''.b.F is ds:Il
jn-
*4 184 t-A00 sif. i�i31^a3 Fs�'i« 7` 5 i� SC .zw"i � tx
4,tF3+G`^',65ro"'V4''' S to 311G`dA'cfi,r
�.c v Y t�'►,—$,V"%"ii tidy d.w yeal+r�i. %.i. C Til een sC11tsbrs
ss. '+i. a4 3 ti CPC Via 40unt.
¢a>r'GCs�,� ks�3�,,5
,
s ^i'��' `�'�;� S os
c`oll e
o,)�h:
+ �" q'Utt btt "
3k�"►;"ESii�r�.�,is� i�f7 1t+ it
to t+sj�!ilitk%i-+ by
s .+U�`� tiCJi'Y'��`1�;'t1��Ce7^,i S�#-s�i#># toot-
M5.LETF-3 HOW, Ond wb-al Will', *he- cqu4t)e know it
Wtil.fdc-tte Mill OCCUr, In t!hetO Couftty
'0 ny). r,
4:2, f5, 7-3, 1 CNE1.4 I The P -OUR L -Y ShO 11 Prov i,-qc- rer 04 e�:,bnom
system tav dispDs�al of hazjArdouS oq-ricultsjral�., in j Yj st r- 4� I za � ti
houSt'holld tird, ircluding, L,,uj- pc1, 1 np, I to t�
r-Ont-ainawt,
(*6 ,
ko provisA- pu,Iic a,-t*11 *.'h'rOUgh Or OntO vA t I 1141; 0 K 44Z P't
k4herf. Vlutb ck".. CIS#, or us -V 0 Ownc�r j,
0 u la, t i c
4 4 2 D
'a t Ond i t- i On Ot d e v q 1,0 t-, Thi E, s h 0 11
4k nsasctiat4d 4svtomsint for, ck"�tA-%s ar. U,�ie,
E: N E R 6 V
nor� -Ahall nA-w sensative U5es
th
�Ytin, l a z f
o reetv Of
idvol pdrking sp tUnIbic
rle"'404PL-�i hto I I bc- fl#Xible
tVaems all lit,s to be�x ddV411�1p*4,
- 'Cj 1-t
BuktA- 4216VOtY IthdVid evolu,aIte r, o u t e �5 and I h a u 1 01S. t1
'f 0t' 110 h �rt-, '171d tommute-t,
arkd '_qtOO4 jh*fjILd 40n140:t 4-A.).h n 411- rvs t
ty t
vhcerevc-r bbssib4t-p Ond, d
aade UV��
tounty, lmh-Oultj -Csquire Orr PfIV4 MA- trk
;app;`*V,vd 5th:061 bUt Stop Wh#b ?'"V-Urt-St'etj Jny die -r,46t tP-, z' t.
salrva,�, them
NANO(.
4 14. 4,21 3 b) Sgt JS,* a~$5fjAty Shot
$ ri, il 0 V eo "., 0 10 p ta C-ts 'he s
bt tri' P�#ttw LkU(- 0fib�' t-', 6f holt,dshi P MaY L-
vooudos �,,v plaontwo C�Omtission wation to t16 lvs�tthiln 4i�t:
Lil tlbt-lfbl. '-V fat , thv 'e. X p e t': Lb bf thi3"ei w
detv,,---1*pm4nt �xftd Oal: a A- x pe W1 of adjoizent dt-tr itul �.ur4A
I Wid I I I I
f 0 1
y s: =i, 3"33s C2it3i�7Lfi�.;
r''U"�+Osed, rpr- tla�Yt:E�j' 1 i"ti£ 4`. Lixx " tii�?4i �i, 4A;' +la;ld
"r?y + ;�•� i b s.tt for f�?�e�s�s� a Gf �;�����
_ , ti3 f �? •)-h4 Provision tri= ��'r�� f+�� t+c i'� r?�, � Vit"
f 'T'y lCiC4 a i yc-q tptE-s, jor. i, %q t~n� f T rr i' %:f»+Tt �}f, v'.U+'tnc"
1r k� y �hspro 1:011cy>� ing 2
kt�is��f.'s�'f� 4f
qr4ri4K1".t Ustk','20 1 mat n�.P-1'3ulc:e u6`+:I
be xr' L a�i�S {�i�Y' SGiS4i
� « it r .rt w . � f , s <3"F d FI+ " a. � Ino ter3 :a 7>'ted fi`n« b!
theb 2nd -5 t r h C-0t's 1"
,LdiPlf!s�3" �'t+ iTx•� �_ c��'2iSi+3f"i�cP i�;l�'s.�'
l
+�A,�-�"f;`r3C. A -7s, f�:7�=k (4���Ea"
4 ..v 'C} yi. i '� 3!' v �*'�. � f.1� w�,r.�y li7.�LSG J.. i v ♦ �A G�ir�,l.�t-fl. 4�� .�+.. p y r
d rum
d4*v
rAD)DI h.rPdw0O'ds 3Pst'Iu (i
':dnVert-ing dot F'd' waikd'a:
ci11dt+Cl
.,,
U re highly
t 1iTlC of e h'rf �?rf rft cif?�"`efst p Irrtf ,JA ="cl-ars'.'
bem
' lilo xx .+�.,t3t` ! 'P r toy"
t,j�kTD,� y n�, . S kl') a '[ti? 111n i1£� t0 b#
C+ k�l E'AS:r I.Ynth
�'�-�"ti�L��sGh?� 'a���s ,iY`tE��^^ �C�f,11�'.`�" ���"��}•#��t11"d� � SuFk,e f~ttli;���
40d
w i3a3,i P "x ?4 Hl,Gl4T WZL.L. 8, f i Gin i,
THIS t l -RE Vx;Rctzr'k-
�-h#,,,,'�' � a'k 7`,£� T! 37 000P �y po i` Y.
.i^s_dhit3 w�cta�+it*rJ.t1+�`snia!i
Is ofi1y Cwo:i.la;bIf= 00 61
Ltysxyy3>s�3?utriqa'
:dffip1ntgTItu iotl
y '���� �rf'4'Y��1b�t» b}r �'���#`�'�i!�s+tsn
,tt
i
i� tic hima.ha� Intµ
U�ffa
Owner
y�vl r �j w� y �{����'{sp� Pt�,i. ot* 1�rrr��' Wye, (��i��oj uyEy (-he O�+i7z��§'��y� +fit
T#+A '.RII{'{bel o JFni A nA—,Lg/4. .tA, ed an8 dg Ons el!)�. is
�he pubrC-"t"jnr y� , E'1�hli�: nc�ee,:, �r#I�+Jre'd or*
C1ny' . 0t9..s. t)
f',3kJt# wJs7i �r �>r 'r5 O'n e3dm'at-10n
r �k
to,: i 1 i t t!S or its Own , or vho t- is
Or bs!h fit k7:_Taersthe cos*. y'
P 3'1 .+ F#a �' +� � g,� � J.i1 i LA Vr 'Si 1� k :Y ',•
OEL� i E. .. -. ..
7
-} /6,� 3tp� Z-4') t�C��,4�"` VTE'J+ 1'� tO-� Odun y thdl _ ?tori? r atic� i t
ka:5L', 3" 0 I Y S3.-bI C- ,.�� i:'l�i T'.C' PI i+ 3' �VdElA"'M.'�
T lb
k Eri + �"t L'ii` r YFL 'C CJ Fd +r 0$ tt s'k f 3 $1a 1011,0e l!'fid -qt-t- el ome+1t.Ci f:`fior, t'
�#"'` �:�£�+�4�":'t"+: Y+�a��� i'+��`1`S'i•�?�� ��Sa ie�`'�t�:�?t1 x: 1i 4:Q1`t'�Gt�,3:+:�Il�; ri0.i+�2�''1ia
&irh={io'F'i`+TiYx 1�1illiltl;x�t1'C1�Ei' ��lR"blq+��&
t!j1',' �011iiett
'liiO1Y_ tt +:1 4*i i1 RDx hit, d#fdiltd ctl �igUt-w 'don+t -,rl r o q
WIs:.h all ihlil i«wiT+_C?;6iki�r
7 t# - z at but, 'sok tot Wrjrt :c+ t' m ,
' Stitr_la?=that
tis b? 1'1Lp��:i'�.`i��� 4fiE.
'a1iG.l zTt.e7wL 3"i+ _ kr!
to Priv}"tt' A.ybp0 tv
ztha&pt ti3'G not *OV,-'aititoto, ,io+titkirio'�Y �� tiili�:t "'1XCC� SSE` 1."4fi �i1wiPl
tJ'6#1t.1 . rtkil �.hto tsj'.t1111 #Cis
3t,by"iiyy�hvy �F''A?k4-1,i.4ta3�+ i4�1
as.i, •t'..'h+�0.1RK: '1 �1 �.i ;r« ti hfC'. 'rR 1i #.i.'+5 +..t'tl'Ji. i944#4i
17{t1 mort�' C+#�jit ' l"i 2i t +Ll �rlt�L� '!
6-04xp t1'aivo alba
r
P
ST.A?E LF, -CALIF ORNIA THE RM iURLLS AGENCY PETE WILSON;. Gowmor
i D�,sP`ARTMENT OF FISH :AND GAME
RIe010r
' 7bl NrAAWS ROAD, SUITE "A 3 `
1t A"C 0 ,CORDOYA+ C.AUFORMA '95470' "
( 516) 355-7020
January 24, 1992
Mr. David Hironimus
0utte County Planning Department
7 County CenterDrive
Orovillej California 95965'
beat- Mr. Hironimus: _.
The Department of Fish and Game (`DFG) has reviewr•.d the Final
Environmental. Impact 'Report for the Draft Butte County General
Plan - Energy., Natural Resources; and Recreation Element
(Element). The Element its a summary of goals, objectives and
policies which will guide the County's planning actions regarding
land use impacts on energy, natural resources,, and recreation.
The DFG agrees and concurs with provisions detailed In :the
Plan on pages 4-61 through 4-E6
We recommend that the Biological 'Resources section of the
Element be strengthened in these areas:
1. The DFG recommends avoidance of vernal pool -wetland
loss: While v6rnal pools can be artificially
created, successful revegetatlo», with affected plant
species (especially sensitive species) appears
limited. The'DFG recommends that Vernal pools be
protected by.-
A4
y:a. A 50 --foot no disturbance setback, commencing from
the outeerr e
should dge of the poops zone of influence,
established around-each.pool:
b. No alteration of a pool's natural drainage;
indluding artificial drainage into lit,, - ?ici
sediments, materials or substances should be
permitted to enter the natural drainage.
2. To protect and maintainriparian wetland the
DFG -recommends avoidance through the incorporation of
50"foot nondevelopment setback buffers abe)ve the
r of intermittent drainages and 100 -foot
nondav'elepment setback .buffers above the ',banks of all -
ponds or perennial water courses, This setback
should extend beyond this recommended dilctance if
necessary to protect all onsite riparian wetland
habitat: there should be no 'development within the
* 9
Mr David H;ironimus
January 24 1992
Page Two
floods„in of any waterway,
buffer and riparian corridor should
sbewlmibedithin he
access by fact for z�c;xeatonal' to
located adjacent to bzn:Efers shoupdrbesrs . Projects
include this followingto
_ Provisions.-
a. No fill shall beu laced within buffets ffexS either f
during or after construction.
b. Gradxnr, is
prohibited within buffers
cw All ve+:retat on 'within buffers shall be _
Burngconstruction. protected
d= Covenants, codes,
estakrl,isheci arsdl restrictions shall be
that prohibit disposal. of Iawn
cJ. i
PP3+ngs, oil, chema.cals, or `trash of an
withers tetback buffer's_. Y kind
e.'enrpora� y fencing wil.-I be 'placed to
open spaces area during construction, protect the
f . Open fencing such was wire mesh
link- etc; r split rail,. chax.n
will be re,guire3 adjacent to the open
space areas to redric(a' improper _disposal or stars age
of mr�ter�als I.n the:
open space area.- g
3. Thi prlz)7ect sits_ con•tazrr_,
harbor. sent ,:'tiven plant species iahch the have beet
known to
made to detc.�” y shoulound
an that en
genF,ral area � A �iatanical survey
I£ d be
determine if such species do occur onsite,
present, sensi..tivt pl.a.nt poj�ulations should be
protected bit:
a. Est�tbl.is�zting a 5D -foot iniriimurn no disturbance
Popul ttg
each Sant t.er edge, aroUn
setback rommencin from. the .
P ` on..:
b. Constructing bar,+kers to
at,,id vehicle traffic , . Prevent damage by foot
c . Excl ud'in,g livestock;
d Waters a].scarrl drainage 3rrto
d substances; insor the placement of
nori,disttsrba:ndo� area ide of the
4. Oak woodlands -care a
pacticu
because th4� provide molarly important habitat
s;usta ,nst t the essential life
reg6iretnenta (e "g, , food, shelter; Westin
g
Mr. David kironimus
January 24, 1992
Page Three
t
and roosting sites) needed by numerous animal
species.,There has been significant cumulative
losses of oak W66414nds in California due to
residential, commercial, and other development
projects. To mitigate the project impacts on oak
woodlands, these restrictions are needed:
a. No oak tree removal except for that required to
provide space for -buildings and associated
accessories and to meet health and safety
standards:
bl. Establish a no disturbance setback
commencing from the outer edge of ttieroakdtrees,
canopy,
and extending outward a distance equal. to
one-half of the canopy 'radius, around each tree..
NO disturbance includes irrigation and root
damaging activities
C. Retain all snags except those which
safety hazard,
pose a dire ct
d. No pruning or cutting of oaks except for safety
purposes. Deciduous oaks should be pruned during
the winter_. dormant season only and evergreen oiil:s _
during July " August only.
We request: the opportunity to modify this
recommendation since DFG
Will soon revise_ its .:oak -`
Protection guidelines.
Specific guidelines should be implemented to,prot,ect
greater sandhi!! crane habitat.An ongoing crane
study should enable DF.(j to provide specific actions
pec
son's hawks and Butte meadoWfoam are among other`
6. specines which may occur in the plan
area::
The DFG Wily" require adequate mitigation measures for these
P
eczes. The Plan should include the following;
_
Any acti
tu
a
r nts Hawks (Burbo swainsonll �� i� �' 1?�g�rq
tigation tsuidelines 'for S of C3lifor-uia
in ;the Ce;�tra1 Valley
'tDED AGE4NT '
UR�=°rr AND ' ClJIvil�tE tv4AN -anon goal of no net
C established the Mitigation
arrment of 'F:ish and Carne hhabicat,
and has developed the following
` p Qr, foraging ulation decline of this
Tn,e 'C)ep
less of Swainson's hawk bre,-ding. arnatic PoP agenciesand
guidelines far lead ag
'These C. ceria provide the toss of Swainson's
p e deg and cnitigacion criteria to reverse rhe dr
atrat g
Valley adequate mitigation for ecies is also
specie in the Ceto follow n leve oping towards- restoration of this sP and will
pl»o jecc Sponsors t , ernenc Lowa
guidelines are. to be considered inters in
hawk habi�:at. Dirpctron, nor mana�
These Su.
e Sv, ainson's ;Hawk Habitat Con s hawk within
ation within ibis doccS�-r1. ent.
irnclude rehensiv '
refn3in ?n effect until a comp artment: Several HCp's for Sidelines
will be used in
le..ed by the DeP These Su� ecies
i's comp ent=v being ProPosed.
plan to establish criteria for SP
(Y ICPi oun into
spec gc prolecr. area. are carr recruitment of ,y
`ansion into former habitattntl ;, translocation of active
A.r h a 5wains,on's Hawk Recov'erY
con'ur�I t w�4 opulacion e p Dais. Curie y
recover thravg` P merit to proceed. 'Hackin
n
a elation; and other centlfied recovery ,, enable develop
the P p has riot been ernplo ed co enhance the
,.od a �•iable bP i
Will not be considered
g
ne:.ta� . <�G tiff e rearea y Dari
(conic o11
ed release) of P
pnptiiation a, U41 tree. nt will consider whethez suitable forming
the Departrr►e i Contributes to
project rev1ew, or -r. This ten m
During P
lie radius of an active nese andY tie radius stac�oard`wa_r
» : s within. a cen`(lOj m g terrlt
it isconsidered to be a
habitat ac��ur, studies. known active nest sites to
at 5w a�1 I2dt f nded celenietrY
mazntain�rwg that »
arip he distance fromTlyerefore,
developed from Dep ainson s hawk.
thin the home range of aSwate impacts at active nest sites
conservative estimate cif th averse o .
suitable foraging liabetzts w be required to m1tig
,� development projects may both of which are essential to the
propose habitat areas; :o of Stvainson's hawk
suitable feeding s►nce over
and surrounding territory:
In addition, : downer is neec'�ed'
nteity of the breeding a rogr
am of incenitves for the private landowner
ovate land, p in needs of S��`ainson�s hawks are
nese i�ccur on Y a��ble to the form g or other land uses,
s which are comP ractices, urbanYat�an;
to ensure that (t oP atible agricul"tute P
not: rePiaced by incornp TeresaEnvironmental
or qtr, Ron Sdhlorffj Nangarrte
ve any questions, please contact els: Sherry
l6)�� i030,
Yf fou ha ion 2, (9 _
services a giotogistI Re"I
Vildlif
Section,
tilYldi,ife �,lanagernenc (9161 322-1261
LEGAL STATIJS
g. ry
The Swainson"s hawk is a tni rata bud species ecies protected under, the 1ldigratory
Bird Treaty Act (li3TA) of 1918 (16 U.S.C. 703-711), The ABTA makes it unlawful to
take, possess buy, sell
, Purchase, or barter any migratory bird listed in 50 C.F.R. Part
10;, including feathers or other parts, nests, eggs, or products, except as allowed, by
implementing regulations (50 C.F.R. 21). The Swainson"s hawk is designated as a
Candidate species for listing by the U.S. Fish and Wildlife Service under the federal
Endangered Species rct (ESA; 16 U.S.Q.
1513-1
Swainsonts hawk as a Threatened species,thus Providin h therm protection California listed the
California Endangered Species Act (CESAj (Chapter 1,5 Fish and Game Code) r In e
addition, Sections 3503, 3503;5, 3800 of the'E"ish and Game Cade prohibit the take
Possession, or destruction of birds, their nests or eggs, The DFG has 'interpreted the
take clause in the C1=SA to include the destruction of either nesting and/or foraging
habitat necessary to maintain the reproductive effort. Implementation of the take
provisions of the CESA requires that project -related disturbance at active Swainson's;
hawk territories be reduced or eliminated during critical phase of the nesting cycle
cy
(irlarch 1 - August IS annuaIly). DisturbGInce that causes' nest abandonment and/or loss
of reproductive effort (e.g. killing or abvndonment of econs`
"taking"" and is punishable" by fines and/Ot imprisonment. Such Vtaking lwould Ialso derevi
federal law protecting migratory birds (exg., ABTA),, olate
The, California Environmental Quality Act (C1=QA) requires a mandatory .findin s
of significance if impacts to threatened' or endangered species are likely to occur g
(Sections 21001 {�, 2I Qd3. Guidelines 15380, 15064, 15063). Avoi
roust be presented to reduce irnpact to less than significant levelsa(See �tiince or iga ion mitigation
Criteria #2,).
NATURAL RISTORy 3
The Swainson's hawk is a large 3e broadwin
Approximately the same size ged buten which frequents o
Swainson's haw a red
weigh -tailed hawk lBuceo Pen county.
1?5 cam; (4* 8 a
`) wings a AProxsic boy 800 1100 jar open
but trimmer
S Pan* The ba?marei
characterized b �• ! 3/4 .
body plumage may 2 lbs) , and have about a
entire body
Y several color phases _ Y be hi
Y of the bird may light, dark and ghlY variable and is
ventral or underneath sect o be sooty black, ' rufous, in dark
the lower throat Adult birds Phase birds, tY'e
ns may be light with .i .fierier
ally have dark vac:.
dUsk down to the 1s, The,
uPPe: breast. ° characteristic dark ►► „
Y band, and narrow The tail is ,wide bib from.
r less conspicuous barring gray ventr ail .
appearance; feri`males Y with a subterminal
sexually dimo however, are slightly lar P��oX�mally, The sexes ar
is raptors. y ge. than mal e simile- lrr
rPh There are no recogrizd subs as is the case in
The Swainson s most
' p c,�es (Palmer 1983),
north �.veStern Canada hawk is a long distance mi
v+interin > the wester u.S. grator, leaving Aestin
Wintering grounds in the open and sfecico, most g grounds in
southern EraziI , Pampas areas of Populations migrate to
) This round trip lournev ma e�u� America
return to the nestin (Argentina, uric
Y exceed 14 000 ds �ty
8 grounds in early March to establish breedilles. The bir
Pahl Swainson's haw ng territories..
(Palmer 1988)i nstrvc �nogamor�S and will remain
rtiest co so until the less of a.
Ccormnonly 3=4 eggs) i on and caurtshi
kith both s lard in early -A P continues Chrou ti ; mate
Parents Pril to early • g` �prii The '
_ part patin c�utca
nest approXimatel g in the brooding, Y- Incubation lasts 34_35 days;
Y 42-44 da 8 of eggs; and young. The
their arents and Ys after 'hatching (June - You;7g leave.
Bain hunting practice until the July). the
The young' remain with.
Y depart 017 migration 1n the ra1l.
Reproductive Chronology
MAIM .
APR MAY
JUN AUL
AUG.
ARRIVE FROM wl's"T`ERI?JG GROUND5 (3111 SEPT
-_-X COu
RTSFiIP,AstiD NFST �Olti$T�Lr . 4/4)'
CTk�,ti
EGGS LAID (4/1 511)
_ LINGS FIR
ST APPE"qp
NESTLING (mid-tlfav)
r
amid to late �'�lay STAGE .. earlY
July)
FLE�U
(late 1u1 rnid: Sept) CGI,yU
R. r10I�1 I � ~ (July)
� data from j
lstep 1989;
i
FORAGING REQUIRE.',1F'vTS'
wa
inson's hawk nests in the Central Valley of California are generally'found in
P
scattered trees or along riparian systems adjacent to agricultural fields or assures:
These open fields and pastures are the primary _. forage Drage areas. Mayor prey items for
Central Valley birds include: California voles (Jficrotus californicus), valley pocket
gophers (Thomornys bottae) deer mice (Peromyscus maniculatus), California ground
p p y g
squirrels (S ermo hilus beeche rj mourning doves (ZP.naida macroura), ring -nuked
pheasants (Phasianas colchicus), meadowlarks (Sturnelle neglecta), other passerines,
grasshoppers (Conocephalinae), crickets (Gr,,•;Wdae), '.and. silphadids (Este ,
p 198..)
Q .
Swainson's Hawks generally search for prey by soaring in open country ;and agricultural
fields similar to northern harriers (Circus cyanew) and ferruginous hawks (Buceo
regalis). Often man,, hawks :may lie seen foraging together following tractors or other
farm equipment capturing prey escaping from farming operations. During the breeding
Y
duringami ation vast numbers of Insects are cons• rodents a yeas
gT Jrned (Palmer I988).p
season .�wainson s hawks eat: maim vertebrates (small and reptiles), whereas
Department of Fish and Game funded research has documented ,'the importance of
suitable foraging habitats (e.g., 'native grasslands, lightly -grazed pastures, alfalfa and
other hay crops, and combinations of hay grain and row crops) within an Energetically
efficient flight distance from active Swainson's hawk'1Yests: (Est ep pers comm.):
Recent telerletry studies to 'determine foraging requirements have shown that birds may
require in excess of 15,000 acres of habitat or range up to 18.0 miles from the hest in
search of prey (F.step 19$9), The area needed for foraging is determined by crop types,
agricultural-praot cea, trarvesting regIrmit, prey abuni ance and availability. Estep
(1989)'foatnd that, 13.4?? of observed prey captures were in fields being harvested,
discedflowed tit irrigated. Some of the preferred foraging habitats for Swalnson's
hawks include: (1) Alfalfa - low prey abundance but stead
. by prey accessibility.:. (2) Fallow
fields
andTomato�py a access
fields . largest prey populations but dense cover reduces p t r histle ti Beet
g ibilit if not dominated by
prey accessibility,
except during harvesting operations when Swainson's hawks have been observed foraging
aImost
exclusively in these fields from late -July to early -September, (4) Dry.land
Pasture provided the primary forage area for I radloed'. pair,, and app ars to be an
Important foraging area'. (5) Irrigated pasture provides some fora fe habitat, especially
during floodxtgi Unsuitable foraging habitat types include any crap wherry prey are not
available due to the high densi"ty of vegetation, or Dave low abunelance of prey` such as
rice fields, vineyards, orchards, and cotton fields.
NESTING PEQUIREMENTS
f the floor of the Central valley,
although ne.,tlirg habitat. is�r � � g�du� mosr o _ -
Krn and uneVenly� distributed. Nfore than 8o°b of the
y Y .p Y y Sacramento, `Yolo, and
known nests in the Central valla: are Within rr ar►ah systems rn
San Joaquin Counties. tituch
of the potential nesting habitat remaining in this area is in
riparian forests, lone trees, oak groves, and roadside trees. The riparian areas are
F,enerally adjacent to and within easy flying distance to alfalfa or hay fields.
? f)epartment research has shown that valley oaks (Quercus labacl, Fremont's
cottonwood (Poples frernontiij willows (Salix spp.), sycamores (Platanus spp.), and
9/alnut (Jugla,ns spp.) are the preferred nest trees for Swainson's hawks (Bloom '1980,
'step 1989).
I°IISTORICAL AND CURRENT POPULATION .STATUS
The Swainson's Hawk was historically (ca 1900) regarded one of the most
et)mmon and numerous raptor species in the state, so much 5o that they were often, not
g1;en special mencion infield notes. _ The breeding population has declined by an
estimated 91% in California since the turn of the century, (Bloom 1980). The historical
5'Wainson's hawk population estimate; based on current densities and estimates, of
forme.- available habitat, is 4,284 - 17,136 pairs (Bloom 1980). In 1979, approximately
375 ±50 `breeding pairs of 5wainson's hawks' were estimated in California, and 280 (75°x)
of those pairs were estimated to be in 6e ,Centra, Valley (Bloom icm): In 1983, 241
active breeding pairs were found in the Central Valley, with an additional 18 active
pairs known in northeastern California. The 1989 poptilation estimate was 430 pairs for
the Central Valley and 550 pairs statewide. This difference in population estimates,
reflect increased survey intensity, not an actual' population increase.
FSASONS FOR DECLINE
The dramatic population decline from historic levels has-been attributed to loss
of native nesting and foraging habitat, and more recently from the conversion of
agriculture to urban uses, changes to incompatible ra-op; types and loss of suitable
nesting trees. In addition, pest ryidet, shooting, disturbance at the nest site; and other
disturbances on wintering areas may have contr ibuted to their decline. The loss of
nesting habitat within riparian areas' has been accelerated by flood control practices and
bank stabilization programs: Smith (1977) estimated that in 1850 over 770,000 acres of
riparian habitat were present in the Sacramento V6116y alone. Today less than 12,000
acres of riparian habitat remain. A 98% decrease in riparian vegetation has been
documented within the Central Valley (Katibah 1983).
in summary, management needs of the Central Valley population of Swanson's
hawks include ensuring the availability of suitable nesting habitat through the 1)
preservation and recruitment of suitabi-� nesting trees, 2) protection of existing nesting
habitat from destruction or disturbance, 8) rnntenabtd of compatible agricultural
practices to preserve forage habitat, and 4) mitigation for loss of breeding and/or
g g p local agen'es must be, continued
fora � in habitat. C.o+�rdita.ation and coo enation with
to prevent further habitat destruction from development projects:
I
6
MITIGATION CRlTIIZIA
GOAL: NO
NET LOSS OF SWAIN HAWKS NESTING pR FORAGING
l !. Cansultation under (Californi
F. ndar�gered Species Act a
EA
Qnvironmental Quality Act (CEQA) ' ),and/or California
,
1. Pro'ectConsultatlan
Project proponent must consult with the;DFG regardln
N an endangered species yr its habitat g take
Pursuant to Se
of CESA, and appropriate Fish and Game Code sec
-ction 2081
ns.
A. Pursuant to Article 4 of CFSA, State agencies are
e
' o ensure
authorized funded or carried t�uc that any action
e uired to consult with the DFG t
not Jeopardize the continued e.tistence of any endangered state ag(!ncy !I
species.
2. CE A anSubdivision Mao Act
Project p P ged to consult the De ar
California 3tiatura! Divers''
P cm. en ra Orients are et7Coura
receive Updated locational tinfvoainata Scion S dase andean
Barrie Section to
hawk territories, 'Due to the complexities of individual wainson's,_
advisable that de'+elopers or others Planning 1 cases, it is
that may impact one Ormore Stvalnsoh'`s hawk, oCerrta i actions
co n with the D es initiate
mrntincato epartment as early as possible:
A. C Q A Guidelines Sec. I5065 directs that a mandatory
findingof significa,�ce is required for' projects that have the
potential to substandiallyj degrade or reduce the habitat of
Or restrict the 'range of'a t`lreatened or endangeredspent p
ease es rfe agencies to Implement feasible mitigat,orf
measures or feasible alternatives identified ih E1R's for
projects which will otherw!se cause. significant adverse
impacts Sections, 21002, 21081, 2108;x; Guidelines; sectio
1502, subd: (a)C;ij, 15021; subd. (a(2), 15091, subd. 'a ,
To be legally adequate, mitigation measures must be
capable of "avoiding the impact altogether b
certain action Or parrs Of an actioiy y hot taking
", minimizing impacts
by 1lmiting the degree or magna ude of the action and its
tmplemen[ation�'► "redtify'in9 the hbadt by r"epairing,
J r
.c c
a
i rehabilizating.or restoring the impacted, environment'; "or
reducing; or eliminating the impact over time by preservation
and maintenance operations during the life of the:, action."
(Guidelines, section 15370).
B. Section 66474 (e) of the Subdivision Map Act states "`a
legislative body of a city or county shall deny approval of a
tentative map or parcel map for which a tentative map was
not required, if it makes,any of the following find ngs:,..(e)
that the design of the subdivision or the proposed
improvements are likely to cause substantial environmental
damage or substantially and avoidably injure fish and
Wildlife or their habitat. In recent court cases, the court
upheld that Section 6' provides for environmental
a 'p view separate from and independent of the
un act re
requirements of CEQA (Topanga Assnfor a, Scenic
Cammunity, v. County of Los Angeles, 263 Gal. Rptr. 214
(1989).)., "rhe finding in Section 66474 is in addition to the
requirements for t.ne preparation of an EIR or Negative
Declaration:
Ui. ZJa I inten.-ince of breeding pairs and their babitat.
1 _Prevention of dls.turbance at the nest site,
A;,--No-disturbance should occur within 112 M1161-of anactive
nest between March 1 - August 1.5: If the nest tree is to be
removed and fledglings are present, the nest'tree may not
be removed until September 15. if construction or other
project related activities which may cause ,nest
mile buffer lone Intensived fledging are proposed within this 1I2
abandonment or forced
monitoring (funded by the
project sponsor) by a Department approves raptor biologist
will be reQuired. Exact implementation' of this inaasure Will
be based upon specific J,neormation at the project site.
1 Prevention, of loss,tif, nest trees,
A, Projects should be design6d to; avoid direct and indirect
Impacts to nest trees.
B. Revegetation of historical nesting habitat with suitable
native nest trees spec..,s Ce.g,, oaks, Cottonwoods,
s"ycambees, etc..) adjacent to adequate forage Habitat shall
GB,,NVRA.L. PL
A2 REtFI51 QN FOR
ENERG w NATM,AL RESOUPCtS .AND RECREATION., ELEMENT
Revision to 5.a} Fire Hazards
phisting and Potential, Ifazards
The Calci„forni,a Do artment of Forestry and Fire Prmteotion and :he
}butte Goonti* .Vire Department Protect an overall area of appro::imatel.
1#600 square miles, =;i th a
population00'. The Fire
_,
#�epa:rtt�ent cape�i�,tes with si;�teenf,uca i' nearly 1t}t?,Cl
ll tame Stations Tgh.toh, reo.pondad �.�.
a totalof S;, 122 emergency alarms in 1990,
Pa.rtment activities
+•Moll are oobnt�,`wide in nature in
olude Fire De
1a Watershed fire Protection
which benefits all oourit residents hV prosea`vin cry tac
l es al waterPP , recreational opportuniti.'es, Vi.ew,% and�,Ti.ldlil�e habitat; 2)
i lrater��.De artmenta:i. coordinationof all mutual aid P
fire. and rescue
rtesoutces between federal, strate, count.tik
and city 6genei;es, and, 3)i
Raok-up suppajrt, 'for,the three oa�ty departments oil udi1 ? all
multilyla-alarm ihoidont' and same i` rst alarm incidents,
prbVides first response iri the mb�at
The tc,l^unteer Pxr�fi
titer Prog raml
rural arenas in the c lfttY and braok..up in. the more urbanised areas with
i#,th response levels,, The program con:.1ists of tiaent ;v One tNcmpari es
with a combined staffilIg of 4!( voitinteers, in Addition to tfiie
” o ,ixritee,i Fi ref.i hte PrbgMm � the Eire Department is aided bV the
�ka1ipurnia Departmert,t� r�i' �'orest:z�� and Pine Protection, El Media 'i`i.r
�oiretior► 1stri,�, , Forrest Co:and the C ties c t'hiota,
x*otika.11e and Paradise,. Tire Citieg, of Oy.ridler and: Bigg oer3int>;*
otdri t;raot with CDP/tutto Coun,t'y Fire Popartmetjt for Lire pro'tell ti yah .
n recent Years, tihave'
res, %eon mr,rP i*z� tluejI tL, the 'gall ,* tbats, in
t e art rant.azi ous ax eaaof "t aun Frntri 1
f1 vii 1 f3, an ravO
bage of
���, ,... � ...., lie,, ,. .:_:. �i?- - ,, .. ... •1e. Y. - .. -.... _.tet. ,�\ ..«.,.. ..r , .,... _ ._. _ .. �/� F ' 45 �... .L..,..
I... /+ \ I I • � ,/ ..ems
for
C• t
,e=z -a.= �. nuc.: ar. oce� 'b��� arc a"=: a
ti _�C. 'a +CSL"
'a" ZZ Q'� `4tS .i. 7�Me1
�E'+Ue ;, iC '•`zS` to
,.
f L Win. �.. •�'`Cl.-.•+.�.'.n..�.C:. �2^ - �jt jam-
Cyte` .%et��3�^»i�d�an�CS�`••n'j
I.
C'C', Z* .r. mow'
r_, } ' ..
arzk �'(Cii:�. W .`.. ��, "•r'l.c',C� CCC;,;L i- Cy. `,,~sy
Y _ �•. 'i... we r1.7 4ri:i
_ ti �
�+ C52? t� L' S,�. SaC. -c- �...-
� r -
r
CcS_='iin L y=...... �J�n� � $
_.
Rev-
-Q°ii t...n d -
an
_acz E _
,.�.5 QCse^. y� C+.fi. vu ni"ac
+va_•, r n is j :.:,w C,z • • C•^a'aT-'u' T :T Sv.:`-s.
_
^ �� '�•�.'1 r? •mile Tye_: ^ • _
r _ V
� - ' add
Q��.I�CD$� i�1 Ct+.Iw� sa.t72I
^' st as s_,. 92
Pa,
a- remczt
_TIS S ti,Uxa y
`'-- C 2..
d, and
-+-C;•� d a y?" nn ` L' `4 C',Ut1).^, _•,-.♦.. ;^;.ac
- �. � • 4 1 ^ Lri �... V p � r �a moi-+
yea...-
,.
+r`
00,0
Ze
• _-at"a y,.rry �v`++a�k„r '^+CCS`•= ��r, �1`z.. �"�nt.
�� •r ��` C�•1f: -Ci. ��Ce�»��5ti r» .,».. ,'?•dr�•Ly_r�
y2;.zye� ,`."r.. lie
�yy,,^ . L.4y �]r, C"'�1'.y j�i�'( —y-� ..G7;w �;��"��Li�-•`. wa. 'Y •+._..r_�w�r.�. r,
Ya • + h, l- rn. �y
`-