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HomeMy WebLinkAbout87-36 REZONES 7 OF 7axefree to devise their :own format for an Initial Study. r� A previously prepared EIR may also be used as the Initial , Study for a later pro j ect a�,i (g) Consultation. As soon as a Lead Agency has determined . that an Initial study will be required for the project, the Lead Agency shall consult informally with all Responsible Ageneies and all Trustee Agencies responsible for resources affected by the project to obtain the recanbendations of • those agencies as to whether an EIR or a Negative Declara- tion should -be prepared'. During or immediately after X4 preparation of an Initial study for a private project, the .. Lead. Agency mazy consult with the applicant to determine if the applicant is willing to modify the project to reduce or avoid the significant. effects identified in, the initial . .. ''Study. Note: Authority Cited: 21083 and 21087, Public -.,Sections Resources Code; Reerence: `Sections 21080(e), 21080.1, 21080.3, 21,082,1, 211001 and 21151, Public Resources Code. �Ormeriy Section 15080. f' Discussion:. The purpose of this section is to describe the prods, contents, and use of the Initial Study. This is a 'device not mentioned ,in the statute itself'. The Initial Study is - necessary in order 'to provide the factual and analytical . basis for a Negative Declaration or to focus an EIR on'the significant effects of a project:, This section is also necessary, to authorize and encourage the use of . a num v. , ,. a.,, . . , --.� ..... efficiencies including using a Negative Declaration when the pro j'ect proponent has" changed his proposal in orrder, to mitigate or avoid the significant effects identified in an Initial Study. The section also tnalces the faint that the" initial. Study can be used to determine whether a previcusly prepared EIR would adequately apply to the project at hand. Determining Significant 15064. (a) Determthi.ng whether a project may have a significant effect plays acritical role in the =A process. (1) then a Lead Agency determines that there is, sub- stantal evidence that a project may hive a sig nifica pt ,;offset on th environment, the agency shall prepare a draft ;Ella. :r {2) Whenfinal EIR identifies one or more significant effectsi the Lead Agency and each Responsible Agency shall make a finding under Section 15091 'for each sig- _ make nificant effect and may need to me a statement of overriding c©neiderations under Section 15093 for the project. _ 91: • ��I1 if �" h. � (b) The detertination of whether a project may have a significant effeiwt on the environment calls for careful judgment on thOr part of the public agency involved, based I; to the extent potaible on scientific and factual. data. Ani .roncla�' defini'ticn of significant effect is. not_poseible beoause' the zig#-ticance of an activity may vary with the setting. For dxample, an activity which may not be sig- J nifi�^:aut in an Urban area may be significant in a ;rural area.' c) Inc termining whether an effect will be ( adverse or beneficial, the Lead Agency, shall considEr the views held by members 'of thel public in all areas of fected. If the Lead Agency expects that there will be a Substantial, body of opinion that considers rot will consider'tho effect to be adverse, • the Lead Agency shall regard the effect as ad- versee Before requiring the preparation of an EIR, the Lead Agency must still determine whether edviranmental change itself might be substantial.' (d) In evaluating the significance of the environWental E�f-fect' of a project, the Lead Agency -, � d.'.•1 considerboth P rimary or direct and secondary, or indirect consequences. (1) Primary, consequences are.immediately related to the project such as the dust, noise,. and t. -ea ftc, of heavy equipment that %ld result from c,6hstruction of a sewage treatment plant and possible odore from operation of the plant. ,✓' w recon (2 ) Bary consequences are related mare to effects - of the primacy consequences than to the ,ptoject itself-- and Imay Ibe` several steps rem Ved fr,',-6 the project in a chain of cause and' effect. For example+ the construe - tion of a new sewage treatment plant may facilitate population growth in the Oervi de area duce . to the in- crease in sewage treatment capacity and n►ay lead to an increase in air pollution, Vie) Some examples of consequences which, ►, w; deemed to bea significanteffect on the environment Uvu, contained in Appendix G; (f) gcoribihic and social changes 1�ebs !ting ,irorh a pro j er;t shall hot be treated,ae significant effects on the envitdli- ment Economic or social changes may a used, �o determine that a Physick! change s egarded hall be regarded as a- signi,ficant effect on the environment where a physical change is caused! by' ,economic or social, of f ects of a proj- ect , the physical. �,hange nay be regarded as a significant effect- in'tho Ulmd manner as any other physical change resulting VWA the project, Alternatively, economic and socia] ottacts 'f a physical change may be used to deter mine that the physical change is a significant effect on ,, the 6r �iro4went. If the `physical. change causes adverse N econ iic or social effects on people` those adverse effects c uC n rr it described in Section 15162 should occur, this 'exemption " shall' not apply until the City or couaty which adopted the _. specific plan completes a subsequent SIR or a supplement, to an RIR on -the, specific plan. The exemption provided by this section shall again be available to residential projects after the Lead Agency has filed a Notice of Determination, on the specific plan as reconsidered by the r: subsequent EIR or supplement to the RIR. (d) Alternative. This section provides an alternative to the procedure described in Section 15181. (e) Fees. The Lead Agency'has author ty to charge fees to K applicants for :projects which 'benefit from this section. The fees shall be calculated in the aggregate to defray but not to exceed the cost of developing and adopting the specific plan including the cost ,of preparing the EIB. (f) Statute of Limitations. A court action challenging .the approval of a project under this section for.failure failure to prepare a, supplemental. FIR shall be commenced within $0' days after th© Lead Agency's decision to carry out or approve the project in accordance with the specili-a plana Dote: ' Authority situ; Section 21083, Public ,Resources ,Code; Reference: Section 85453, Government Code. Formerly Section 15079.7. Discussion: This section is added to reorganize and; interpret the special provisions of AB 1151 (Roos) of 1979 dealing With specific plans. This section is necessary to draw atten- tion to Government Code Section 65453. Residential• r 15183. PmjeatsIn approving a residential px"oject meeting the re- sistertl with 'a quireroents of this section, a public agency shall limit its Plan examination of environmental effects under CMA to effects .Ckx�unity or Zoning which; y (1) Are peculiar to the project or the parcel on Which the project would be located, although the effect may occur on or off tkie site of the project, and (2), Were not analyzed as significant effects. ;in a;priox EYR, on the zoning general plan or communiI.. plan with which the residential project is eonsi stem;. (b) This section shall apply only to"residential projects _ whidhL meet the following conditions, (i) 'The°project is consistent with: �r it ti = Discussion: This 'suction implements.Public Resources Code Section 21083*3(4) as amended by the Legislature, in­1084'. Formerly , ,I Section 21w83.3(a) authorized a limited EIR for residential. projects which were consistent with a community plan or zoning, 'rhe section was amended to include projects cos" _ sistent with &'general plan .for which an EIR has been certified, State Mandated Local Projecfs' 15184.., Whenever a state agency issues an order which requires a local agency to cagy out a ,project suUjeat to OF 7 1, the following,. rules apply: ": (a) I if an' EIR is prepared for the project, the local agency shall limit the EIR to considering those factors and alternatives which will not conflict ;with the order. (b) I a ixal agency, undertakes a project to implement a rule or regulation imposed by a;,certi:fied state environmen- Vital regulatory program listed in Section 15251, the,projeet shall be exempt froth CEQA w,i„th regard to the <sighifi&mt effects analyzed in the dodannent prepared by the state agency as, a substitute for an EIR. The local agency shall. comply with '41th regard, to. any site-specific effect of the project which was not analyzed by the ce.rtifiW state agehcy' as a, significant effect on the environmment« The local agency need not re-exanine the general environmental eftetts of the state rale or regulation., Notet Authority cited: 86ati:ons 2083 and 211187, Public ResourcesCode; Aefe7rence: SectjOns 710800 21080.6, and 211540 public.hesources C I,e* Discussion: This section brings +,-Vether two separate provisions deal ing'with state-mandated local projects. The first 0619v4,,ioh implementti Section 21154 of the statute. This rsuirement in stibseetion (a) is straightforward and needs I, tyle interpretation This section meepotai the local agency from complying with CEQA, `as to any of 60te ass discussed as siguificant it an EIR .substitute dome" Ment prepared .by a state ent-4rotmental regulhtory; agency c.ertifieal under 5ectioq 21086A of cgO The "local agency' , WW'Id still need to comply with +G 'A With , °regard, to any effects of the prcjedt Which vexenot . anal ted as significant effects by the certified state agebey+, 7bd u i n benefit to local frm this ,agenciet provision is the t tt Ireeii then from the need to re-ex&i he the purpose a.nd general enviromental effects of the state rule or N39tilation this purpose and general effect are matters Outside the hands of the local agency4 The sec'r;ion '"' Q86 of a 21083.30 } Certified SIR (a) If a parcel, has been zoned to accarbodate a particular with .Residential density of residential developanent'or has ,been designated Development or in a community plan to accomtodate a, particular density of Comntmity ]Plan residential development and an environmental impact report was certified for that oning or planning action, the application of; this division to the approval of qtly sub- division map or other project that is consistent with the zoning or community plan shall be Limited to effects upon the environment which are peculiar to the' parcel or' to the project and which were not addressed as significant effects in the p6br environmental impact report. If a residential development g p project is consistent with the eneral plan of a local'a enc, g y and an environmental impact :report was certified, with respect to that general plan, the applica- tion of this division th the,approval of that residential development project shall be limited to effects on the environment which are peculiar to the parse? or :to the project and which were not addressed as significant effects in the prior envIranmental impact report.. Nothing in this section affects any r1quirement to analyze potentially significant offsite im#.cts and, cumulative impacts of the project not discussed in the prior environmental impact report with respect to the general plan. However, all public agencies with authority to mitigate the significant effects shall undertake or require the undertaking ox1'any feasible mitigation measures specified in the prior en- vironmental impact report 'relevant to a significant effect which the project will have on the environment or, Lifnot, then the provisions of this section shall have no applica- tion to that effect. The lead agency shall make d finding; at a public hearings as to whether those tditition measures Will be undertaken. An effect of a project upon the environment shall not be considered peculiar to the parcel or to the project, for p'poaes of this subdivision, if uniformly applied developmety. policies or standards have been previously adopted by the city or county, with a finding based upon substantia., evidenoa, which need not include an environmental Impact report, that the develop- mens policies or standards will substantially mitigate that environmental effect when i�;pplied to :future projects• Whore a canmunity plan is, the basis for application of, this section, any raAming action consistent with the canmunity plan shat, be a project subject to e� 6ffiption from this ,division in accordance with the provisions of this ,' subd.,vision. (b) As used in subdivision (a), Iledii tirti.ty plith" tris a part`of the gendtal plan of a city or county which (1) applies to a defined geographic portion 'of the total area included in the gonekal. plan, (3) complies with Art ole s i With Section 653001 of Chapter 3 of Divion .1 offonJmeficing tle 7 of the Government Code by ;including or reference ing each of the mandatory elements specified �.d section 65302 of the Government Cede_and (3) contains specific I, 30 I -601 developatent pol-Acies adopted for the area. included in the cotrmunity plan and' identifies measures to implement 'those d policies,'.so that the policies which wily appj�y to each parcel canbe deternd,ned (c) No person `shall have standing: to bring an action or proceeding to attack,review, set aside, void, or aianul a finding of a public agency made at a public )rearing pur-- Cmant to subdivision (a) with _respect to the conformity of the projeKct to ,the MitigationL meaiuret identified in the prior environmbftal i0pact report foxy the zonitig. or plan- ning, ;act .on, unless he or she has participated in that public hearing. However, this subdivision ehall not be applicable if the local agency failed to give public notice of the hearing as required by law. For purposes of this subdivision, a person has participated in the public hoar- Ing if he or she has either submitted oral or, written -testimony regarding the proposed determinwU6n, And ng, or decision .prior to the close Of the hearing. {ei) Any 'community plan adopted prior to January 1 1982, which does not comply with the definitional criteria specified in subdivision (b) may be ;amended to comply with that criteria, i.ti thich case; the plait shall be deemed a 'rcomtnunity plan" within the meaning of subdivision (b), provided that (i) ah environmental impact report was cer- tified for adoption of the plan and (2) at the time of the confoiming amendment, the enviironmentil impact 'report has not been held inadequate by a court of this state, and the enviyronntental impact report is hot the subjectof pending litigation, challenging its .adequagyo (Amendexi Chapter 440; Statutes �)f 1.984) Relationship 21083.5. to NEPA The guidelines prepared and adopted pursuant to Section 21083 shall provide that when an environmental 'impact statement has boon, or will be, prepared for the same ro nt to the requirements of the National project ect pursue _ . q Environmental Policy_ Act of 1969 (42 Mid. Section 4321,, et seq:);'ind implementing 'regulations or an environmental impact report has been, or will be, prepared for the 'iM ne3 prof eat pursuant to the requirements of the Tahoe Regional pI�tnning Ccmpadt,($66tion 66801 of the Government Cade) and implementing regulaiioris all or any part of that statement or report may be submitted in lieu of all or any part of an environmental. impactreport required by this division; if. that statement ox report, or the part which is used, COM- plies' with the requirements of this division .and the guidelines adopted pursuant, thereto. (Amended: Chapter 928, Statutes of 1984) Project 21Q88.6. Requiring in the event that a project requires both an environmental StR and EIS impact report prepared pursuant to the requirements of this - 3i N r M S N fi tm De areint of .Fish and G' ���� ame , (Appendix T)- 10. A. Comment - note significant impacts to habitat and wildlife r om'proje,ct, including loss of grassland, habitat, vernal pools'; impact to anadromas fisheries, aquatic life, riparian habitat (Big Chico Creek' and Butte Creeks) from water qual.iky changes; impacts to wildlife from dogs) cats, pollutants, noise, harassment, and illegal hunting; fire mana.gemert and water table changes; supports EI'R's"mitigation measure to revise Cnen Space and Conservation Elements B. Response The only issue raised by the Department of Fish and Game which differs from the -raised- is the significance o£ the loss of 14,000 acres of grasslands on the north and east of the community. While the DE'IR identifies the loss of these .grasslands as an impact, it does not conclude that the loss is significant, The DEIR identifies the potential loss of vernal pools (pockets of unique plants which occtar.onl7r in small depressions in grassland areas when 'winter rains` have been adequate - sometimes called'hogwall,ows), ripariaxt ' vegetation and secondary impacts to aquatic habitats as significant impacts. The loss of grasslands was not con"` sidered sgnifican"t because; it is relatively abundant in the county and north Sacramento_val.ley area and it is general' less productive (supports fewer wildlife, less diversity than other habitats). The PlanningDepartment, contacted the Environmental Services Sectidit ofthe Department of Fish and Game pointbig out that the Plan 'includes the eastern and northern areas to achiovc i` continuity and compatibility with the City of Chico's Genera,!. PlanandCounty's Airport Environs Plan already accomplished, These factors 'have 'caused -the Department of Fish and Came to �+4F rasslands. The 'remainder of their co"mment su 'Orts t to • r greconsider that, onion of their comments Which the analysis and conclusion of the DEIR'c , (See Appendix U , j .. (Appendix , . y Caltr . s: endi V includes co>riments -rom origin Section 11.0 on Transportation and Circulation' was 'based largely on . is I'orec,. sts report prepared by, 7I -IX and. a :draft Future rr`'.�..' � , Associates`o�r� tno City tst c.`co. Use of the information from the roport cisme with the understanding that any, revisioh cpntai'ned subsequent drafts of the report would 'be rd-l.ectod in the Drat rag, In mid March JHX revised: the draft report fol.:lowing teview by the City Public IVorks and Planning staff:, I:l gonota] 'the' traffic tnc�del Was ire ised to show additional street; ,5 additional tra£fid zones to more closely reflect population and employment patterns associated with general plans, efforts to dis- courage traffic on 8th Street, great=er use of Sth Street and adjust- niirnt to ssngle path assignment reflectiiig, the use of altc;rnatave „ " shim Bens pit : ik, If Department can ,b4 of Eu#thee assistance, please ci�a►tac,t ,the Faul fi. Jensen, A,agional" Nfan2�g z, Regiaa� .�, ,11,0. Nimbus Road,` Rdnehb Cordova* Call 5567Q elphpne (q16) X55-0.: 70 �n.{ 'tom • ( .�. �• ' ff/ DrAo. K` z 1 ! „ , X , is 4 �SF t, i a% ml �8tx. �,;, '. � ... rr,9 :::.. ?"�na :.. i.� -�-,: • ".,�.. � .i'. �• I .. . _, _4_�--.�i.^.�P�.'•t -.�>i��tr+� a.'1i �4:E, e�:��t ri��fr Via__ 'KKr- f` - r PAX, ,.,. Pl STATE OF CALIFORNIA—RESOURCES AGENCY EDMUND G DROWN JR.y Govrrnor ©`ERAR7M OP FISH AND GAME r i• REGION xENT 1761 NIMBUS -t ,r y. ROAD. SUM A rb �i ,,yy RANtHQ CORDO)CALIFORNIA, 95670 (916,) 355-7030 1 i June 29, 1982, Charles vkp#.► Senior Planner Butte County Planning Departnent t M, 7 County Cefiter Drive Oroville CA 95965 Dear Mr: Wows; The Departcltent of Fish and Z'wne. has :re-evaluated, impacts to 'fish and wildlife oi: the Chico Area Land Use 'Plan (sm 80092314) and believes 'that while there will be losses of wildlife habitat in the grassland area east of Chico,; losses in this area will be less Significant than M would occur In riparian areas ter other critical habitat types, We support Butte County's efforts to address these issues in, Conser- vation and Open Space Elements+Of the Butte County General Plan. Tile Departs *dht also offers 'assistance in proViding any 'available. infOWA- tion ch fish and wildlife resouraesx if the Department cion be of further assistancer please contact Jc' ry Env>.rovnental .Services Supervf ser t at the above telephone Mensc:h ' rA .. ;fix: y � number . �,ZA Sincerely, Paul T: 7en8en Regional Manager �Ca. Pl6nntn� �%bn>nw �ut}e JUL 11 19 2 0rav111e,elilawte s �o •TAI —.(#' —0 i:i f 1°(ilt�� (t 1 -FT', Crrr;�l t��iT-(>y I,o� ij l�i;�lii�yj File '1187,436 hod; It 87=03-11-02 nP 11'0 47-23w59, 60. 1.` Name of proponent _ DaV6 Manthe 2.;,, Address of proponent' and roprosontitive cif applicable) 8385 Jackson .Road ,1gYct a* - acramento, (iai 515826 , 1503 Manxani tom„ ..� Chico', Ca.,'_ 91.126 i 3"Project .ilescrlpRezonetion . , ' YTiS A1A� YBr No 61ANDATOFtY 1�1'NDiNCS Or stUjriCANCh lines taicproject huve the potential to degrade the qua]ity:of the environ•mcnt;.substantiully reduce the habitat or :i fish or Wildlife speciosp cause tA' fish or wildifc populatjoti to drop below sefA s ustaining loYdI s,,threaten to eliminate a plant or animal community; r— ,ethe ,number or -restrict the rause of a rare or enilangeped plan or animal or eliminate important e+tamplesOf the major periods, or California history or prehistory? ....- --- h:. Uocs` t1iG project, t�ve� shthe rotentiaX to 'achieutcrm ei`t-term fur. to the detriment of long> Zvi ranmental god . t'.A sho;i't-term impact on the ens+ironmcnt ,-one i,hich ocdUes in a reltit iVelj, brief 001'10dof time tihild Ton,g•tcrm i.mpactA mill' opiurc Into tht! ruttlre;) c ` Doc ,ntt�vidu Us the projat:t h:��e impactsYwhic at'able? (A u I. ect ma miidctcdnutwo or resources T ttiii ted p W c im project Y 1. .• , small, tint Were the cfffoet or the is ralaof those where t}i dart on each reso >7 � f�ihni c°centof those im act5 on the en�.itonment r h *--- d;, pads the proj'e�. ba V.0 6"ilVironmental effects which: Will cuuiie sub:4tar 661 0,0vc Sb I offertson human haings tither directlyor indirectly? -' f 1 i . t1 1'diitPfT �'1'1 1 ('f'n 19e dmpletdd by tits! 1,e:id Agency) rtri�the bugli�of this 41iti it dvouuti,oh. tht prniinacd,projce t CIMI NO itiaVc orthe cliVti'rnitnt; nn8 •�•N8A11VI,; 1;C"Atlt1iN a W0i1g1 nh� e1'`irI,urneltiuertC�il'd, et ;Ji'th6hvJ ol�mbnti thctiopW1llenotobi:c[ditaign1 "i tgintr . t.►nt c.frtr t ;en tht emir n etahl tt iti z ' t ��!ic� hcci�u:a the r[ImIiGA`t'TON M11011911,q dc;�cr hi,�i ons t11e t►et�►�'},�, # :;hent 10v10 hbL%A MIAILtl to the fxr;ojr+et� A N110AT I VI's !A + WIll 1irr:Oh"tl. C'i.:1I't l'1�"+ i` Ti rn cert �iJll" ltnvc u sit;ijifCcant b1'i'aCt nn t1t1; i iitiji the prripti",etj p.. j_. th4' onr Irr�iim ht,l;tJ1�Iir(I��ti1N`I`AIr �At;'I' itiil'1If1' i; r�.�111�i1td+ i►A'I !:' AEi7 31 0 1987 "I IOP Mil"1'110 PLANNiN11 IM,PARTKIi;N`I' Ya.,.rvW++r .. j ' It ` 1 ✓y ♦..,rM a. K"./r.�V �+* � �(/'N � -. A. id R � Nironimtso Ast3oGia Iit nor `1 uWi±t1 , ENVIRONi�1E;VTAI, Ii�1PACTS a '' eso and "ma �be'l ';answers are required Ranax�ons o on attached s eet,s YES MAYBE NO 1. EARTH. Will the ;proposal+resuit in a: Unstable earth conditagns or in c i nge,s ix► 6 b. geologic substructures? Disruptions, displacements* compaction or ;..., . rvercovering of, the sbsl? c. Chane in topography or ground surface :..... .. �':•. ' L; d: 'M relief Features Destruction, covering ,or modifi;oatkn of any C geologi or physical featur4s? 0 e. ;yniquie Increase in wind or water erosiork of soils, ® f. either on or"otf•site? • Changes- in deppsition o.�rr erosion o ;,b6ach sands,-or changes in .siltation,; deposition or erosion which may M,6 i£ the channel -of y Y � ` �. ocean f or a river• or s-treim or the ;bed •,6f , the g, any ,bay, inlet Loss of prime-agrcultui'aly productive. foils outs'icie designated urban areas? 'Exposure people or prop®xty to gedlagic X' h. of hazards such as earthquake's,• landslides* mudM • - `slides, ground fayhurc or similar hazards ..�: h 2,. AIR. wx11 the:proposal resultin .," a. Air emissions or .deter ioratLdn o ami } b, air'°quality?,, The creation•o£ obectionabl,e odors, smoke J ' c Or fumes AlterpLtson of`air movement,mo sturef or ge n climate►. temperature, or any chani X locally or regionally? WATER. Will the proposal result in a�ih`aranti�li 'Uht course or a np,i in currents, or the directiGn of water mo"IdMents in either, b. ma the'or f rkn 41y a,t a rs ? O, . --. .�.-.. Changes in abtotp'tdpn' rates, drainage patterns 1 or the rate and a:mbunl. of :surface runoff?, b;--- c. Need for off-site surfaco drainage improve- ments including eve , etaxtion reniu�ai, r channel- ization or °cullrert installation? of �.�nd� 6— the Alterations to the course or flow • e waters? Change in the amount. a£. surface waver in any �-- J. • wat`er body? Discha�tge jhto surfddel- waters � or in. any wator inoiudahg ....:. alteratoh o£ surface- quality, but, not limited to temperature, dissolved gi oicYsen or turbidity? :Alteration of the ditoct3on or rate off' flow, ccam�.....:. �� h. of ground waters 7 .:� Change in the quantity be quality of ,ground r�at'e�rs, z hrou' h direct additions or with draHals ror throulgh interception of an ac�ttifer_ by cats or exddvhtions'� ,...w .. .r. is the aMount of water otherWis: Reductble orP olid water supplies? _, J ti.tpbsure ot` people or property to water p i floodng7 related h�t�,�rds such ;as 'n YgS kOtE NO r' 4. PLANT LIFE. Will the ro osal result in ., ai Chan in the diversit ; of s' ec.ies Y�il 144 y p numoer , at any species of plants (including tteet, shrubs , grass„ crops , and aquatic plants)? b. Reductio�•t of j he numbers of any unique, rare: or endangeredjspecies of plants? X • c.ri Introduction df neer species of plants into an - area, or in a 'barn er"ta the normal replenish- ment of existi.no, species? d. X Reduction in acreage of ;any agricultural crop? S. ANIMAL LIFE. Will the,proposal result in silbstgn n thediversity, o£ species, ornum a.'Mg, era.peciesof animals (birds; land animals reptiles, 'fish and shell fish, aenthc organisms or insects)? b. Reduction in the numbers of any unique,.rare or p endan eyed s eCes of animals? g Introduction C . of new pec es of animals i.rita a7 area, or, result in a; barrier to ;:he migration,, m or movement of animais7 a . Deterioration to ec;sting fish or wildli habitat? b". NOISE. Will the proposal result in substghliu; -Yncreas • a. s in existing noise 'levels �" b. Ex osure o£ people to severe noise levels? 7� LIGHT ANDGLARE, Will the proposal produce sii nfica, t light and glare? ,8� LAND. USE. Will the proposal result in a ubsta alteration of the or planned " Present e an area? 9. NATURAL RD50URCE5 Proposal Will the ro..osal result xn a. as in, ase in the rage of use of any natural resources? L Depletion of an non rei P Y - ewable natural resources?' • 10 RISK OF'UPSETj tYill the proposal "involve s a, A risk of eakplosion or the release.) of 'hazard- TM, substandes ;(including, but not limited to, i ol, pastAcides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interfe p"6 Frith an emergency`--- response plan,or emengehcy evacuation► plari7 114 POPULATION. Will the proposdl alter the location, diStriTu itit on, densityr or growth 'rate C.. the `human population? 12.0 HdUSTVG: Will the, prcposal£fect ecscirtg hotasing" or create r¢ do"tt.„nd der additional }�oU sing7 1 1 n t.r {{ r -77 '<�; ' " � °� ��a�s ��► YES ,NO; 13.; TRANSPO'RTATIOPJ/CIRCUtATI'OV. 'the proposal Y�Wi11 result in: a. Generation of substailt al gddj nay vehicle movement? ...., , b. Effects on existing parking :facil,ities,. bid K demand for newarking? h�```" c. Substantial im act bn .,e is ans 6rtatibn "patterns d. Significant altetatiois to present of circa a _J n or movement bf people and/,p goods?X - e. Alterations to w9t6rborne,! rail or air teWiOf- X IA £: Increase in traffJ,c hazards to motor vehicles��°°"" {bicyclists or pedestrians? �, ,• 14.E PUBLIC SERVICES. Will the proposal have an effect upon, or result' in a need fot new or altered governmental services: a.: Fire protectibn? b. Police protection? c. Schools? _ d. Parks or other recre€tional facilities?' d ei Maintenance of public facilities, including roads? f. Other governmental serVicos? ;..:.. M K 15 • ENERGY. W34.11 the px'ope:-,al result in a.: S,e df b. Substantial n^ae n etand u»nn existind L=re-L-0 oma,. e 0 car require the :develdpment of liew .sources or eneY'gY7 16 U'TI 1tltS. Will th'e pebpasAl result in a need for _ or substantial alteration n y, s to the Q fol],ow�ngms, a. Power or natural gas? b.Communications systems? C Nater avail.ab i l i t y: d Seater or septic 'tank? di Storm water .drainage?,`w..,., .�. f. Solid waste and �':Yspossl ?' :.....� '1,7 . HUW tALtH Wi11 the, pro oral result in. a. rection of any health or potential Health haxrd (exc u ing,rtental heelh)? F O.C.azards . otential hast b. Ex osureeo le top p P. F 18.q AESTHETICS, Will the prcposa. result it the ` obstructxon o£ a scenic vista ar view open to the ublic; or any Zll. t?�e re osa� result in P p p ,. the creation of.an aesth et3cally offense siCe open_ to public view?» d i� .w Ilk 9:.4 RECREA':I Will fila praposa� result ;gin an ,impact upon t`,ie ,Will or cuan~ity off" existing tetroati6na1 :opportunities, 2O. CULTU"L RESOtJRCES a., x11 the proposaGi, result in the 'Aalterati"' n { of or the ciestrutlbn bfa prehis'tioric or , historic arch,aeologic�l sit;7 e b W3111'the prppasal result "I .a ers h s or aest „ J istoric bull ldi�ctixre ' , c Does tae, pro asal . ave the potetit�'al p to pause } r affect, a phys,' al .;change moues? would. » u►hiqu6 (; X, : ethnic ethnic cuptupral val r ---- d. Will"the ro os,ai re.,tridt existing re x us a aroa?cred uses within tho potential impact t' d 1 SSiON OF`ENVIRONMENTAL''tWALUATION J ail r i ter. SA:f' h „ • p'TTAMENt A SUBJECT; Rezone of approximately 8`1 acres from U (Unclassified) to Fk- 3 (Foothill Recreational - 3 acre parcels) property located ion the east side of Cohasset Road. approximately 1/4 mile }� north of Richardsdo SprWip Road,n north of Chico. Staff's ieview of the proppsed Rezone from U (Unclassified) to FR-3 (Foothill Redroational - aci�a pa 1 0.1) has identifie9n, sbvoral possible sitnificant impacts 04t could result from this profit#ct. These impacts are identified 0; followst- 1. Soil erosion and slops at'(dbdity, 2. Ploodin ` and dt ro ert d"'R s due to chap ea itti abs t ,ti h 8 P p, �' ,8 B o P •Q rates'a dra .nags patternlop Oa liu>rfide water runoff, both on�kito acid .off-site. " 3. Loss of vegetation and WilOitfe habitat on-aite, including impacts related to conl<trucGion of d and filling of lakcie« f 4. Wildlife on-site and off-12#0. • +5. acts Yupon' nl cultural and ublio land including no ae,lightj dustaadnd aesthetic itap. cts uses* ss* incl Air duality imractst dne to fugitive, ' dust, m.okia, and other soul ces.. T. ArOhad logical and histotkal. rosoUrces. 8. Effects of traffic noise QA Praposed dOcillinp sites near Colla sse t ' Road* g+ Groundwater. aquifers grid ares - Valid. This analysis may inoiude test holds in' appropriate lodations and as determined by a qualifiod;hydro logist. 10: Light generated on-bite and impacts to neighboring.parpels. i l . Impacts to tranb ortatibn/cl,itit1 p p a.tion including impacts` to CoMsset Road between 'ChiCd and the PV03ect site. 12. Impacts:* including, fiscal �ropacts,a to p iblic scar ices ihdIu4$Og fire prote,iction, and 'Coad r4aintetIonce4 1 . noi�dittg so Impacts to public utilitiQa i _ lid "."to saki dis;�ose1, and storm drainage. 14► oral Sewage did p avid *related hedith haterd0. I �T APPENDIX V Project Time line February ,25, 1987 r' Submit application March 11, 1987 Receipt for application. March 17,r-.1987 Request for archaeological survey March 27, 1987'` Archaeological clearance April 13,1987 Letter requiring ETR April 202 1987 Submittal of information to clarify project description x' April 21;; 1987 Meeting with staff to discuss clarification, of ` project specifics April 24 1987.' Meetingwith staff to discus s project and mitigate impacts April 30, 1987 Submitted draft development agreement to mitigate impacts Meetindi- ll irevisedt. TomRdraftid todevelopmentiagreementatoSdUss sols ts May 2ti,11987 Submitted987 mitigate impacts June 24, 1,987 Submitted further amendment's to draft development agreement to mitigate impacts July 17, .1987, Letter from staff rejecting,development agreement as a means of mi;tigatim) adverse environmental impact, re uesting EIR P q July 28, 1981 Appeal to Board' July 28, 1987' Letter requesting clarification of impacts and supporting documentation August 19, 1981 Board sets hearing on appeal September 12, 107 Received information requested on Jul y 28, 1987 September_; 15,°'1987 Nearing For the Board's information, the CEQA guidelines establish time limits of 105 days for negative declarations and one year for Ergs At the curved `rate'of progress, neither time limit is achievable forthis project., v tS' _ f Judy 28, 1987 - Page 2 3. Third Poi nt n The letter dated July 17,.1987 Its Item 3 to be conformance with all General Plan criteria and zoning f actors d .." Requested ClarifitAtion A . ... The state guidelines for initial studies requires an examination of a (15063(4)5) project's conformance with existing zoning, plans, etc. if would also neinclude such and, of, course, an FIR, prepared, discussion. or inconsistency with the County owerel' uses mitigates environmentaI impar*s. What P1anrneicher causes nor Gene aI. is your objective in listing this item? 4. Four ch ;Point The determination df significance is one of the key der s7.0 in the that It determinationof significance ` is you app ,, he must have all relevant Mr4pMantheIsis , i'tformation' on how you arrived at ',that ?determi.natiOn. The Board of`'Supervisor$ will be acting as a review board in chis also need to review the 'same re1ev:rt information in appeal, and will order for it to make a reasoned determination. - - Re d, Cl arif i cation I_need to obtain all information which you considered for each of the determinations you made: concerning significant environmental impacts. For example: In Attachment A, Item 10 Soil erosion and S,'lope Stability. You have determined that the project will cause subst-antlali adverse time; if the roject Were built, This imltesthat over toil erosion. that substantial, amounts of the property will be lost either to Wind or water erosion. I must have from you; the facts relied upon by you in making than determihation, whether it be experience (arid 116de eXample of cases where'the soil has'eroded, in similar projects) Or someone else's o"pihion. I must have this informAtiari far each of the significant impacts listed to aha to the Board. Only on your Attachment R in order prepare peal after the Board examines this evidence will it be able to agree ppeal): ('sustain your decis.:nh) o' disagree (sustain Mr. MantMV5 0061)i- As you can appreciate, the hearing Will take some time; in order to At coveall 0*t Vries 'listed in Attachment A, r 71 v 1 "environmentally superictr(Page. X6$, Appendices T and U, Chaco Area Lund Use Plan EIR). S. No se: Noise levels for the Cohasset;Road corridor in the project vicinity should be determined, and, _based upon the'County noise element and 'the criteria in the General Plan ETR, appropriate residential setbacks established. (Chico Area Land Use Plan ETR, Page 133). ,The $. Land Use: project request will. require the imposition of conditions in order to meet the conditional cr:iteriia in the Land Use Element. In accordance with Section 1.5064 of thl State CEQA to be Guidelines, airand water: discharges will bei presumed not significant if they meet current standards. Project conditions bdivision can smpose meeting these standards at time of su a�iprcval. Fire rotection standards recently adopted will P - mitigate the fire danger: .raffic: Cohasset Road, will not experi.enc.e any significant of service resulting' from construction of de' cline in level g mage 54); homestes in the pxoject .area (Circulation Element, traffic safety considerations must be incorporated into project design, including appropriate access restrictions, intersection improvements, safe "sight distance siting, left turn, deceleration and, acceleration lanes:; The determination of the correct combination of these features shall be accomplished at the time the tentative subdivision map is submitted for reviews $ ". vicest Fire; Pay water tender fees pursuant to Butte Public Ser . countyrix Department l�e$ulations. Schools: CUSD currentl � � y Districts capital ' collects builder's fees to be utilized .for the facilities needs. No other significant impact to public serViues are anticipated; hence there are not mitigations. for police, water supply, "sewage disposal, solid waste, electl,4,cal natural gas; and telephone services: 9. Health: Sewage disposal: will 'meet the requirements of the butte CouT►ty health pepart:neTit No additional Alitigati,on is regtiixed, 10. e�pen Space:. The projedt proposes to establish a grazing easemnent oaverix:g appro.timately 50 acres. This easement, in addition to mainta .nir►g the, agrinli t oral use of a portion of the site, Will While mainti wti the rurali opah-space charactet of the area p - g oval mitigations required, rovidin rural homesitesc No adiiit ,