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HomeMy WebLinkAboutREZ 15-0001_PLANNING 3 � AN� AV nII �IVNNYIVV�� � SEPRRRTORSHEET q,„ 079 - 23o —oc� PROJECT NUMeEa R ezls- ovo/ Butte County Department �1-, Development Services o�UTTFo TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 7 County Center Drive o , o Oroville,CA 95965 0 0 (530)538-7601 Telephone cY_' + . c (530)538-7785 Facsimile OU NZ PROJECT INFORMATION Project# eL 15. . APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: Mooretown Rancheria of the Concow Maidu Tribe 079-230-015 ADDRESS: STREET,CITY,STATE,&ZIP CODE TELEPHONE: 1 Alverda Drive, Oroville, CA 95966 (530) 533-3625 E-MAIL: FAX: bcornelius@mooretown.org (530) 533-3680 OWNER'S NAME: TELEPHONE: Mooretown Rancheria (530) 533-3625 ADDRESS: STREET,CITY,STATE,&ZIP CODE: 1 Alverda Drive, Oroville, CA 95966 PROPERTY INFORMATION NAME OF PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres) Rezone Feather Falls Casino Parking Lot 5.16 acres (approx.). LOCATION OF PROJECT(major cross streets and address,if any) ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE LDR LDR I Parking lot Parking lot EXISTING STRUCTURES(square feet) PROPOSED STRUCTURES(square feet) UNDER WILLIAMSON ACT CONTRACT Parkin lot 224,769 sq. ft. I None—to remain parking lot. ❑ Yes ®No (Check One) (Check One) ® PROPERTY IS OR PROPOSED TO BE SEWERED ® PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION TYPE ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP ❑ LEGAL LOT DETERMINATION — ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT 13IITI'E ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT C'UUNTY ❑ CERTIFICATE OF CORRECTION ❑ COMMUNICATIONS FACILITY UP/MUPJAN 2.6 2015 ® REZONE ❑ VARIANCE E] GENERAL PLAN AMENDMENT ❑ MINOR VARIANCE L)E ()P��IENT SERVICES EL S E lZ V E C ES ❑ MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ OTHER- PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) Repeal of the May 22, 2001 Conditional Zoning Agreement by and between Mooretown Rancheria Concow Maidu a federallv reco nized sovereign Indian tribe and the County of Butte thereby removing encumbrances to the subject property�eixag held in trust by the United States on behalf of the Tribe. OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and include the affidavit with this application.) DATE: �' 23— �✓r SIGNATURE: AGENT AUTHORIZATION To Butte County,Department of Development Services: William Cornelius, Tribal Administrator (530) 533-3625 Print Name of Agent Phone Number Mooretown Rancheria, 1 Alverda Drive, Oroville, CA 95966 Mailing Address is hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 079-230-015 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s)relating to record title interest. Owner(s)of Record(signandprint name) . gn Print Narni Print Name igna a Signature Print Name Print Name Signature Signature Print Name of Applicant(if other than owner) Signature of Applicant(if other than owner) Print Name of California Civil Engineer/Land Surveyor Phone Number Mailing Address Email Address Revised 07/13/06 K:\Pianning\FORMS\Applications\ProjectinfoForm—Agent—only.doc T r Butte County Department of Development Services o u � Fa TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR BUTTE o 0 COUNTY o 0 7 County Center Drive o --�. _�y> o Oroville,CA 95965 JAN 26 2015 o `-°�-'- o (530)538-7601 Telephone cOUt1l L (530)538-7785 Facsimile DEV-EfL:C')IPMEW SERVICES APPLICATIONS FOR REZONE AND/OR GENERAL PLAN AMENDMENT OR SPECIFIC PLAN Pr Applicant Name: Mooretown Rancheria of the Concow Maidu Tribe Project Number: f— �—/5--0 d 01 Check All That Annly ® REZONE ❑ GENERAL PLAN AMENDMENT (GPA) General Plan Amendments may only be heard four times a year. ❑ SPECIFIC PLAN OR SPECIFIC PLAN AMENDMENT (Pursuant to Government Code §65450 et seq.) APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. ❑ ❑ A completed, signed d Project Information Form. J 2. ❑ '❑ A complete Project Setting Description (instructions attached). 3. ❑ ❑ If the application is signed by an agent for the owner,an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 4. ❑ ❑ A signed agreement foil Bttt+e Gatin", Arehaeoiagiettl Resourees Pre�eef Review by d eheek in the amatinfaf$46.99 made otiffe " .5. ❑ . ❑ Payment of fees required at the time of application shall be determined by the intake planner at the time of application. Please be prepared to fill in the exact amount required for application at the time of submittal.Retainer fees for publication noticing as well as fees for application review by others, such as the Agriculture Department, shall be applied as necessary: The most current fee schedule is available under "Fees" at Page 1 of 3 0 0 http://www.buttecounty.net/dds/Planning_/. Checks are to be made payable to the "Butte County Treasurer". If the check issuer is not available for submittal of the application,the check issuer may write, below the line for the written amount of the check, "check amount not to exceed$XXX.XXX",so that the exact amount required can be filled in at the time of application submittal. 6. ❑ ❑ A creation document for the project parcel and evidence of current property ownership. 7. ❑ ❑ If the Rezone/GPA involves more than one parcel,a petition signed by a minimum of 60% of the owners of the parcels affected, must be submitted. 8. ❑ ❑ SITE PLAN: Three(3)copies of a detailed site plan drawn to standard engineering scale (e.g., V = 20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 18" X 26". Include one copy of the map on an 11"x17" sheet. In addition, a digital copy of the map and aerial photographs are encouraged. The detailed map must include: a. ❑ Name and business address of the applicant,engineer and/or person who prepared the map. b' ❑ E] Assessor Parcel Number(s); street address (if available); and/or Township, Range and Section numbers. C. ❑ ❑ Property lines,lot dimensions and any applicable easements of record or proposed. City and special district boundaries (if applicable), existing and proposed general d. ❑ ❑ plan and zoning designations for the property and surrounding properties within 300 feet. Dimensioned locations of existing and proposed public and private improvements on the property(including,but not limited to,buildings,roads,driveways,parking e' El 11 areas,wells,septic tanks,sewer lines,leach fields,utilities,storm drainage systems and street lights. Location of all water features including,but not limited to,natural and human-made f ❑ ❑ drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including,but not limited to,buttes,slopes>30%,rock out-croppings;and existing vegetation, such as oak trees greater than 5" in diameter and agricultural cro s. Distances between any significant natural and constructed features of the property, g. ❑ ❑ such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, and their relationship to the property lines. h ❑ For vacant or substantially undeveloped land, show contours at an appropriate ❑ vertical scale. ❑ ❑ Vicinity map indicating the location of the land in relation to the nearest major 1' roads and/or significant topographic features in the surrounding area or region. j ❑ ❑ Indicate scale and include a north arrow oriented to the top of the sheet. k ❑ ❑ All plans must be clear and legible. Page 2 of 3 Additional information may be required in order to clarify,amplify,correct or otherwise supplement the above submittal information or to complete any required environmental review documents,as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. When a project is determined to require an environmental assessment,applicant shall be provided an addendum to the project application.for review/signature to authorize work to continue on the project. Applicant will remain responsible for payment of fees related to the processing of the project application(s),and additionally for all costs related to the development and dissemination of a Request for Proposal, review of proposals, and County's selection of a consultant to perform the required work. Once the consultant has been selected, the applicant shall again authorize the work on the project to proceed with responsibility for payment of Development Services costs to develop a contract with consultant, and ongoing programmatic and fiscal review/monitoring of the contract. Along with a retainer for the cost of the consultant contract,applicant shall also pay a initial retainer equal to 30%of the contract maximum,which shall be replenished by the applicant as needed. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at(530)538-7601 if you have any questions about these requirements. Signature: Date: ,23—�.5-- Appl' nt/Representative Signature: r� ' �/ Date: Planner Receiving Application G:\FORMS\APPLICATIONS\MS—Word\RezoneAndOrGenPlanAmend.doc Revised 07/26/06 Page 3 of 3 Mooretown Rancheria ❑ PURCHASE ORDER 1 Mverda Dr. CHECK REQUEST Orovi&l Cq 95966 Phone: (530)533-3625 • Fax (530)533-3680 P.O. NO. 0025655 VENDOR INFORMATION: �y,� Date: Name: r1�' �^'" l��"� V SHIP TO: Mooretown Rancheria Address: > / [tel'—- #1 Alverda Drive d / Oroville, CA 95966 City: j ',J' State: — Zip: , 5q&L phone: (530) 533-3625 - . aw VVV ill...(((, Phone: Fax: Fax: (530) 533-3680 Net 30 Terms REQUESTED BY: DEPARTMENT: ORDER/CONFIRMATION NUMBER: ITEM NUMBER QTY. DESCRIPTION UNIT PRICE TOTAL I Q SUBTOTAL: 7.�SUU Manager: TAX: Fiscal Review: FREIGHT: Administrator Approval: �t�-J a-3 ( MISC.: BAL.DUE: O Tribal Chairperson: -23 Accou Codes Re uired Prior to P.O. Submission Acct.Title/Line Item Fund Function Project GL Debit Credit WHITE-Accounting YELLOW-Vendor • r B*TE COUNTY RECEIPT Printed: 1126/2015 "RECEIPT NUMBER PREFIXES x 12:41-pm B/P=Development Services-Building/Planning Division 530:538.7601 EH= Environmental Health 53.0:538:7281 o PW=Public.Works Department 530:538.7681 ID DEVELOPMENT SERVICES Receipt Number: P2936 Date Paid: 1/26/2015 Paid By: MOORETOWN RANCHERIA,. Received By: MEM Project Number: REZ15-0001 Pay Method:CHECK 86902 Site Apn: 079-230-015 Description: Rezone- to eliminate a CZA Site Address: CA Applicant: MOORETOWN RANCHERIA, Fee Description Account Number Fee Amount NA DP GPMF GENERAL PLAN MAINT FEE 4.5%09 0010-440001-4610311-10113311 $.14.7:16 NA DP REZONE 09 0010-0-204402-101001 $3;270.14 NA DP TECH MAINT FEE 09 0010-440001=4610312-101001 $3170 NA DPCR RECORDERS FEE 09 0010-470001-4612319-101001 $50.00 Total ]Fees Paid: $39500.00 r Clerk of the Board Use Only = !� Butte-Count y-Board:-of_Supervisor-s:Y agenda Item: Agenda Transmittal v C A L I F O R N I A Subject: Rezone to Repeal a Conditional Zoning Agreement between Mooretown Rancheria and the County of Butte;REZ15-0001 Department: Development Services Meeting Date Requested: May 5,2015 Contact: Stacey Jolliffe Phone: 538-6573 Regular Agenda Consent Agenda Department Summary: (Information provided in this section will be included on the agenda.Attach explanatory memorandum and other background information as necessary). Rezone REZ15-0001 would remove conditions of approval and mitigation measures applicable to the Feather Falls Casino parking lot, through repeal of the May 22,2001 Conditional Zoning Agreement between Mooretown Rancheria Concow Maidu,a federally- recognized sovereign Indian Tribe,and the County of Butte,thereby removing encumbrances to the subject property and enabling it to be taken into trust status by the United States on behalf of the Tribe. The 5.16-acre project site area has been constructed with parking lot improvements consistent with the Conditional Zoning Agreement. The parking lot's consistency with conditions of approval and mitigation measures relative to construction were checked and confirmed prior to approval of the final building permit on October 22,2002. Rezone REZ15-0001 is categorically exempt from environmental review pursuant to California Environmental Quality Act(CEQA) Guidelines section 15301.The project is currently developed as a parking lot and will continue with no change or expansion of use after the Conditional Zoning Agreement is repealed. The Planning Commission recommends that the Board of Supervisors adopt the Rezone. Fiscal Impact: None Personnel Impact: None Action Requested: 1)Adopt Resolution and authorize the Chair to sign. 2)Adopt Ordinance to repeal the May 22,2001 Conditional Zoning Agreement between Mooretown Rancheria Concow Maidu,a federally-recognized sovereign Indian Tribe,and the County of Butte. Administrative Office Review: Sang Kim,Deputy Chief Administrative Officer k, Department oUDevelopment Services Tim' S'nellings�.Director x Pete Calarco; Asst: Director, ® ® 7 County Center DriveT:,530.538.7601 buttecounty.net/dds ' r 1)CYEC0BAiCNT:SERV1CCS rOroville, California,--95965 1"F: 530.538.7785 Butte County Board'of Supervisors AGENDA REPORT Rezone REZ15-0001 May 5;2015 To: Butte County Board of Supervisors From: Tim Snellings, Director, Development Services Subject: REZ15-0001—Rezone to Repeal-a May.22,2001 Conditional Zoning Agreement between Mooretown Rancheria Concow Maidu and the County of Butte I. RECOMMENDATION Adopt the Resolution, finding the Ordinance exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) and adopt the Ordinance to repeal the May 22, 2001 Conditional Zoning Agreement between Mooretown Rancheria Concow Maidu,a federally-recognized'sovereign Indian Tribe,and the County of Butte. 11. BACKGROUND This project, Rezone REZ15-0001 (Mooretown Rancheria), is a request to repeal.the May 22, 2001 Conditional Zoning Agreement between the Mooretown Rancheria Concow Maidu, a federally- recognized sovereign Indian tribe and the County of Butte. Repeal of the Conditional Zoning Agreement, including conditions, and mitigation measures applicable to construction of the Feather Falls Casino parking lot, would remove encumbrances to the approximately 5.16-acre parking lot, being held in trust by the United States on behalf of the Tribe. 111. ANALYSIS Existing Zoning At the time the Conditional Zoning Agreement was approved in 2001 the Parking Lot property was conditionally rezoned C-1 (Light Commercial). Butte County Department of Development Services Agenda Report of May 5,2015 Page 1 of 6 1 Adoption of the General Plan Land Use Map and Zoning Map in 2010 and 2012. respectively, re- designated and rezoned the parking lot and the surrounding Mooretown Rancheria as LDR (Low Density Residential). The adoption of the Zoning Ordinance in 2012 (Ord. No.4062) included the following provision regarding the applicability of Conditional Zoning: "Conditional Zoning. The Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement established betweenthe County and an applicant prior to the effective date of the Zoning Ordinance.All uses under the Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the zone." (BCC§24-5 (E.)) Proposed Rezone The practical effect of the REZ15-0001 is relatively minor. It would remove conditions of approval and mitigation measures applicable to the Feather Falls Casino parking lot, through repeal of the Conditional Zoning Agreement which placed those restrictions on the property. The casino and parcels surrounding the parking lot parcel are.already in trust status for the Mooretown Rancheria Concow Maidu and therefore are not subjectto local land use designations. The Tribe has indicated their intent to also have the parking lot parcel placed into trust status. The repeal of the 2001 Conditional Zoning Agreement would remove a specific encumbrance that the Federal Government has identified as an impediment to accepting the property into trust on behalf of the Tribe. The project site area has been constructed with parking lot improvements consistent with the Conditional Zoning Agreement: A final building permit for constructed parking lot improvements was issued by Butte County on October 22, 2002. The parking lot's consistency with conditions of approval and mitigation measures relative to construction were checked and confirmed prior to approval of the final building permit. March 26, 2015 Planning Commission Recommendation At a .March 26,'2015 hearing,.the Planning Commission voted unanimously to recommend the Board of Supervisors find.the rezone to be categorically exempt from CEOA,under section 15301 of the CEOA Guidelines and :to approve Rezone REZ15-0001 repealing the May 22, 2001 Conditional Zoning Agreement(see Attachment B). Butte County Department of Development Services Agenda Report of May 5,2015 Page 2 of 6 2 Should-you have any questions please do not hesitate to contact Principal Planner Stacey lolliffe at 538-6573 or me at 538-6821. Sincerely, Tim Snellings, Director Butte County Department of Development Services ATTACHMENTS: A. 'Board Resolution Adopting a Categorical Exemption per CEQA- B. Planning Commission Resolution recommending approval of REZ15-0001 C. Ordinance to repeal the May 22,2001 Conditional Zoning Agreement between Mooretown Rancheria Concow Maidu, a federally-recognized sovereign-Indian Tribe, and the County of Butte D. Planning Commission Agenda Report of, March 26, 2015, ,(includes May 22, 2001 Conditional-Zoning Agreement on pages 28 to 31 of this report), Butte County Department of Development Services Agenda Report of May 5,2015 Page 3 of 6 3 I .. A RESOLUTION::OF THE.BUTTE COUNTY BOARD OF SUPERVISORS 'MAKING FINDINGS RELATIVE-TO REZONE15=0001 TOREPEAL THE MAY22,2001'CONDITIONAL ZONING AGREEMENT.BETWEEN THE MOORETOWN RANCHERIA CONCOW MAIDU,A FEDERALLY-RECOGNIZED SOVEREIGN INDIAN TRIBE,AND THE COUNTY OF BUTTE AND FINDING THE PROJECT CATEGORICALLY EXEMPT PURSUANT TO CEQA WHEREAS,on May 22, 2001 a.Conditional Zoning Agreement between the'Mo.oretown Rancheria Concow Maidu, a federally-recognized sovereign Indian Tribe, and the County of Butte was approved .relative to a +5.16—acre property, APN 079-230-015 ('subject parcel' or 'subject property'),.which zoned the subject parcel to C-1 (Light Commercial), subject.to conditions and mitigation measures imposed on parking lot development; and ; WHEREAS, parking lot improvements were constructed on thesubject.property and were issued a final building permit for light poles, electric, and water piping'on October 22, 2002; and WHEREAS, on October 26, 2010 Butte County adopted a new General Plan, including a new General Plan Land Use Map which re-designated the subject.property to a LDR Low Density Residential land*use designation on the Butte County Land Use Map; and, WHEREAS,.the Butte .County Board of Supervisors adopted !a'Zoning Ordinance Update on November 6,2012 under Ordinance#4050 which rezoned the subject property to LDR Low Density Residential; and, WHEREAS, the General Plan EIR'(SCH #2008092062) was certified on October 26, 2010 by the Butte County Board of Supervisors (Resolution 10-150) and the Zoning Ordinance Update Supplemental EIR (SCH #2012022059) was certified on November 6, 2012 (Resolution 12-123); and, WHEREAS,the Zoning"Ordinance Update specifically provided that established Conditional Zoning Agreements were not modified by adoption of:the update, specifically:. The Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any Conditional ' Zoning Agreement established between the County and an applicant prior to the effective date of the Zoning Ordinance. All uses under the Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the zone." (BCC§24-5(E.)); and WHEREAS,the Mooretown Rancheria of the Concow Maidu Tribe filed Rezone application REZ15- 0001 on January 26, 2015 with the Butte County Development Service Department requesting that the County repeal the Conditional Zoning Agreement approved May 22, 2001,thus removing encumbrances to the subject property that have interfered with the subject property being taken Butte County Department of Development Services Agenda Report of May 5,2015 Page 4 of 6 4 into trust status by the Federal Government on behalf of the Tribe; and WHEREAS, an Environmental Assessment (EA) under the National Environmental Policy Act- (NEPA) was prepared circa 1999 by.Mooretown-Rancheria for the Proposed Conveyance of.Fee- Property to Federal Trust and Development of a Cultural Center, A RV Park, Casino.Over-Flow, Parking and Associated Infrastructure, Mooretown Rancheria, Butte_.County;,California; and the EA identified no cultural impacts from the Casino project inclusive of the,Casino,Over-Flow.Parking, which is generally coterminous with the subject property,APN 079-230-'015,;.and, WHEREAS, a duly noticed public hearing was held on May 5, 2015; and WHEREAS, the Board of Supervisors has considered public comments, a recommendation from the Planning Commission, and a report from the Planning Division: NOW THEREFORE, BE IT RESOLVED,that the Board of Supervisors I. Finds.Ahe ,project :is,-.exempt from environmental review. pursuant 'to California Environmental Quality Act(CEQA)Guidelines section 15301. The project is an existing facility consisting of the"operation repair, maintenance, permitting, leasing,licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing" because, the subject property is currently developed as a parking lot and will continue with no change or expansion of use after the Conditional Zoning Agreement is repealed. II. Makes the following findings in regards to Rezone REZ15-0001 to repeal the May 22, 2001 Conditional Zoning Agreement 1. Notice of the Planning Commission hearings on the proposed Rezone and categorical exemption, was given as required by law and the actions were conducted in accordance.with CEQA, and the State CEQA Guidelines. 2. All individuals, groups and agencies desiring to comment were given adequate opportunity to submit oral and written comments on the proposed Rezone and the categorical exemption. 3. The proposed adoption of the Rezone is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860. 4. The proposed adoption of the Rezone is not inconsistent with other applicable provisions of the Zoning Ordinance. Butte County Department of Development Services Agenda Report of May 5,2015 Page 5 of 6 5 5. Proposed.adoption of the Rezone is physically suitable in terms of design, location, shape, size, andit other characteristics to ensure that the proposed uses and developmentwill not endanger,jeopardize,or otherwise constitute a hazard to the property,surrounding properties, and the community at large. 6. The proposed Adoption of the Rezone does not jeopardize the health, safety, and welfare of the County. DULY PASSED AND ADOPTED this 51h day of May, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Doug Teeter-Chair Board of Supervisors County of Butte,State of California ATTEST: Paul Hahn, Board Clerk. County of Butte,State of California Butte County Department of Development Services Agenda Report of May 5,2015 Page 6 of 6 6 1 r� f } Y E 'Resolution No. PC 15-06 I i. A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING THE BOARD OF SUPERVISORS APPROVE REZONE REZ15-0001 REPEALING THE MAY22,2001 CONDITIONAL ZONING AGREEMENT BETWEEN THE MOORETOWN RANCH ERIA CONCOW MAI DU,A FEDERALLY-RECOGNIZED SOVEREIGN INDIAN TRIBE,AND THE COUNTY OF BUTTE i WHEREAS, on May 22, 2001 a Conditional Zoning Agreement (CZA) between.the Mooretown Rancheria Concow Maidu, a federally-recognized sovereign Indian Tribe, and the•County of Butte was approved relative to a+5.16—acre property,.APN 079-230-015 ('subject parcel'or`subject property'), which zoned the subject parcel to C-1 (Light Commercial), subject to conditions and mitigation measures Imposed on parking lot development;and WHEREAS, parking lot improvements were constructed on the subject property and were issued a final building permit for light poles,electric,and water piping on October 22,2002;and WHEREAS, on October 26,2010 Butte County adopted a new General Plan, including a new General Plan land Use Map which re-designated the subject property to a LDR Low Density Residential land use designation on the Butte County Land Use Map;and, WHEREAS,the Butte County Board of Supervisors adopted a Zoning Ordinance Update on November 6, .2012 under Ordinance#4050 which rezoned the subject property to LDR Low Density Residential;and, WHEREAS, the General Plan EIR (SCH #2008092062) was certified on October 26, 2010 by the Butte County Board of Supervisors (Resolution 30-150) and the Zoning Ordinance Update Supplemental EIR (SCH #2012022059) was certified on November 6, 2012 (Resolution 12-123); and, WHEREAS, the Zoning Ordinance Update specifically provided that established Conditional Zoning Agreements were not modified by adoption of the update,specifically: The Zoning Ordinance shall not interfere with, repeal,abrogate,or annul any Conditional Zoning Agreement established between the County and an applicant prior to the effective date of the Zoning Ordinance. All uses under the Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the zone." (BCC§24-5 (E.));and WHEREAS,the Mooretown Rancheria of the Concow Maidu Tribe filed Rezone application REZ15-0001 on January 26, 2015 with the Butte County Development Service Department requesting that the County repeal the Conditional Zoning Agreement approved May 22, 2001, thus removing encumbrances to the subject property that have interfered with the subject property being taken into trust status by the Federal Government on behalf of the Tribe; and Page 1 of 3 7 i { WHEREAS,a duly notified public hearing was held on March 26,2015;and WHEREAS,the,Butte County Planning Commission reviewed and considered the information in the staff reports,and all oral and written testimony presented to the Planning Commission;and WHEREAS,pan Environmentat Assessment (EA) under the National Environmental Policy Act(NEPA)was :prepared;circa 1999 by Mooretown"RancherWfor the Proposed Conveyance of Fee Property to Federal Trust and Development of aCultural°Center,'.A RV Park,.Casino Over-Flow Parking and Associated Infrastructure;•Mooretown Rancheriaj Butte County California- and the EA identified no cultural impacts from theLasino,project inclusive of.the Casino Over-Flow Parking which is generally coterminous with the subject property,APN 079-230=015;and;. �. WHEREAS,.REZ15-0001'is categorically.exemptfrom CEQA undensection 15301Lofthe CEQA Guidelines as an-existing,facility,consisting of the "operation- repair;:maintenance, permitting, leasing,.licensing, or i minor `alteration of existing,..public- or,.private structures, facilities; mechanical .equipment, or topographicalJeatures, involving negligible or no, expansion of user beyond that existing (emphasis added)" because,the subject property-is currently:developed as a.parking.lot and will,continue with no changeor expansion of use after,the Conditional Zoning Agreemenf Is repealed;and NOW,THEREFORE,BE IT RESOLVED,that the Planning Comm ission4hereby,recommends to the Board of Supervisors the following findings: 1. Notice,of.the Planning Commission hearings on the proposed Rezone and categorical exemption, was given as required by law and the actions were conducted in accordance with CEQA,and the .State CEQA Guidelines. 2. .All individuals, groups and agencies desiring to comment were given adequate opportunity to submit oral and written comments on the proposed Rezone,and the categorical exemption. 3. The proposed adoption of the Rezone is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860.` 4. The proposed adoption'of the Rezone is not inconsistent with other applicable provisions of the 'Zoning Ordinance. 5. Proposed adoption of the Rezone is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the proposed uses and development will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large. 6. The proposed Adoption of.the Rezone does not jeopardize the health,safety, and welfare of the County. Page 2 of 3 t DULY PASSED-AND.,ADOPTED this:26th day of March;'2015, by the following vote: -AYES`, Cornniissioriers;Chase,GruadrY►ann,.lohn, Kennedy and Chair.Donati NOES: .ABSENT: ABSTAIN: R Daniel"Rocky" Donati,Chair Planning Commission County.of Butte;.State of California .ATTEST: ,Kiat, cMiilan,:Secre.tary ''1 P!a_ ,:ing Corrtm.ission.,':,: CQunty.of Butte,State of California; i F 3 I t 7� R i t 1� }' a t � S 1 2 AN ORDINANCE ADOPTING REZONE REZ15-0001 AMOORETOWN RANCHERIA) 3 REPEALING ORDINANCE NO. `3724, 4 PURSUANT TO 'CHAPTER 24, ARTICLE 38, OF THE BUTTE COUNTY CODE 5 The Board of Supervisors of. the County of Butte ordains as follows: 6 Section 1. Ordinance-,No. 3724, An Ordinance Zoning A Portion Of The Count 7 , Of Butte, .State Of California, An C-1 (Light Commercial) District, Pursuant T 8 Section 24-25.40 is hereby repealed. 9 Section 2. Severability. If any provision of this Ordinance or the 10 application thereof to any•per:son or circumstances is for any reason held to b 11 invalid by a court of. competent jurisdiction, such provision shall be de'eme 12A severable and the. invalidity .thereof shall not affect the remaining provisions. 13 or applications of the Ordinance which can be given effect without theinvalid 14 provision or application thereof. 15 Section 3. Effective Date, and Publication. This Ordinance shall take 16 effect thirty (30) days after the date of its passage. The Clerk of the Boar 17 of Supervisors is authorized and directed, before the expiration of fifteen 18 (15) days after its passage, to publish this Ordinance once, with the names o 19 the members of the Board of Supervisors voting for and against it, in the 20 a newspaper published in the County of Butte, State of California. 21 22 23 24 25 26 27 28 Page - 1 10 I 1 PASSED AND ADOPTED by the -Board of Supervisors of the County of Butte; 2 State of California, on the day of 2015, by the following, vote: 3 AYES: 4 NOES: 5 ABSENT: 6 NOT VOTING: 7 8 Doug Teeter, Chair of the g Butte County Board of Supervisors 10 11 12 ATTEST:, 13 PAUL HAHN, Chief Administrative 14 Officer and Clerk of, the Board 15 16 17 18 By 19 Deputy 20 21 22 23 24 25 26 27 28 Page - 2 11 1 ' Attachment A 2 The Mooretown Rancheria Parking Lot (aka Feather Falls Casino Parking Lot)" 3. herein called the "Property", situated in the County of Butte, which Property is described as follows: 4 Being a portion of Parcel 2, as shown on that certain parcel map for 5 Thomas A. Poole and Manuela G. Poole, which map was recorded .in the Office of the Recorder of the County of Butte, State of California, on April 30,. 1990 6 ` in Book 119 of Maps, at .pages 28, 29, and 30, located in the NW 1/4 of Section 34, .T19N, R4E, MDB&M_,. in the County of Butte, State of California, 7 .being more particularly described as follows: 8 Beginning at the NW' comer of said Parcel 2, said point also being the centerline of Alverda Drive; thence 5 .090 38' 12" E a distance of371.41 ft., 9_• along .the •westerly line of said Parcel 2; thence N 89° 57' 33" E a distance of •127..96, ft., leaving said.westerly line of said Parcel 2; thence S 000 02' 10 27"' E a distance of 65.00 ft.; thence N 890 57' 33" E a distance of 295.00 ft.; thence N 000 02' 27".' W a distance of 65.00 ft. ; thence N 89° 57' 33" E a 11 distance of 138.00 ft. ; thence N 000 02' 27" W a, distance of 119.67 ft.; thence N 890 . 57' 33" E a distance of 65.00 ft.; thence N 00° 02' 27" W a 12 distance of 212.67 ft. more. or less to a point on the northerly line of said Parcel 2 and the centerline- of Alverda Drive; thence N 880 23' 15" W a 13 :distance of 304.97 ft. along said northerly line and the centerline of Alverda Drive to the beginning of a 5000 foot radius curve concave northerly; 14 ithence along said 5000 foot radius curve to the right, for an arc length of299.47 ft. through. a central angle of03* 25' 54"; thence N 840 57' 21" W a 15 , :distance of 84..45 ft. more or less to. the point of beginning and the end of said description. 16 Containing 5.45 acres, more or less. 17 18 19 20 21 22 23 24 25 26 27 28 Page - 3 12 6 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT- MARCH 26, 2015 Applicant: Mooretown Rancheria of the Location: The Feather-Falls Casino Concow Maidu Tribe parking.lot;located at the Owner: same southeast.corner,of Alverda Dr. and.Feather Falls Blvd., south of the Feather Falls Casino. File#: REZ15-0001 Parcel'Size: 5.16+acres Request: A rezone to repeal the May Supervisor 22, 2001 Conditional Zoning District: 1 Agreement between the Mooretown Rancheria Planner: Stacey Jolliffe Concow Maidu, a federally- Principal Planner recognized sovereign Indian tribe, and the County of Butte, thereby removing encumbrances to the subject property G.P.: Low Density Residential Attachments: Zoning: LDR(Low Density A: Resolution forwarding a Residential) Recommendation to the Board of Supervisors Zone Date: December 6, 2012 B: Draft Ordinance Amending Butte County Zoning Map APN: 079-230-015 C: Zoning Map; Ownership Map D: May 22, 2001 Conditional Zoning Agreement E April 30, 2013 Letter from BC DDS to Mooretown Rancheria EXECUTIVE SUMMARY: This project, Rezone REZ15-0001 (Mooretown Rancheria), is a request to repeal the May 22, 2001 Conditional Zoning Agreement. between the Mooretown Rancheria Concow Maidu, a federally- recognized sovereign Indian tribe and the County of Butte. Repeal of the Conditional Zoning Agreement, including conditions, and mitigation measures applicable to construction of the Feather Falls Casino parking lot, would remove encumbrances to the approximately 5.16-acre parking lot, being held in trust by the United States on behalf of the Tribe. ■Butte County Department of Development Services■ .March 26,2015■Agenda Report—Mooretown Rancheria REZ15-0001 ■Page 1 of 4■ 13 A final building permit for.constructed parking lot improvements was issued by Butte County on October 22, 2002. The proposed project meets the criteria for a Class 1 Categorical Exemption pursuant to Section 15301, Existing Facilities, of the California Environmental Quality Act(CEQA) Guidelines. Staff recommends.that the Planning Commission adopt the attached resolution finding the project to °be Categorically Exempt from CEQA and 'recommending that the Board of Supervisors approve Rezone REZ15-0001(Mooretown Rancheria) to repeal the May 22, 2001 Conditional Zoning Agreement(CZA). ' PROJECT DESCRIPTION/SITE CHARACTERISTICS: • The subject property is a 5.16-acre parking lot for the Feather Falls Casino, located at the southeast comer of Alverda Dr. and Feather Falls Blvd., south of the Feather Falls Casino. • A Conditional Zoning Agreement approved May 22, 2001 includes conditions of approval and mitigation measures applicable to construction of the parking lot. • At the time the CZA was approved in 2001 the Parking Lot property was conditionally zoned C-1. • Adoption of the General Plan Land Use Map and Zoning Map in 2010 and 2012 respectively, re-designated and rezoned the parking lot LDR (Low Density Residential). Adoption of the Zoning Ordinance in 2012 (Ord. No. 4062) included the following provision regarding the applicability of conditional Zoning: "Conditional Zoning. The Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement established between the County and an applicant prior to the effective date of the Zoning Ordinance. All uses under the ' Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the zone." (BCC §24-5 (E.)) • In order to rescind the 2001 Conditional,Zoning Agreement, a rezoning of the property must be approved. The current LDR zoning designation would remain after the proposed rezoning. • The casino and parcels surrounding the parking lot parcel are already in trust status for the Mooretown Rancheria Concow Maidu and therefore are not subject to. local land use designations. The Tribe has indicated their intent to also have the parking lot parcel placed into trust status. The repeal of the 2001 CZA would remove a specific encumbrance that the Federal Government has identified as an impediment to accepting the property into trust on behalf of the Tribe. • A final building permit for constructed parking lot improvements was issued by Butte County on October 22, 2002. The parking lot's consistency with conditions of approval and ■Butte County Department of Development Services■ .March 26,2015■Agenda Report—Mooretown Rancheria REZ15-0001 ■Page 2 of 4. 14 ANALYSIS General Plan Consistency The project was reviewed for consistency-with the policies of the General Plan. The following policies appear to be of particular relevance to the subject property: Goal COS-15 Ensure that new development does not adversely-impact cultural resources. No. new development is contemplated.with REZ15-0001. The project is the rePeal ofthe conditional zoning agreement for a developed parking lot for the Feather Falls Casino. Goal COS-16 Respect Native American culture and planning concerns COS-P16.1 County staff shall participate in a dialog with localNative American tribes to collaborate on tribal land use plans. Repeal of the Conditional Zoning Agreement, as requested by REZlj-0001, is consistent with Goal COS-16 and'COS-P16, as the repeal removes encumbrances to the property being held in trust for the Tribe. COS-P16.2 Impacts to the traditional Native American landscape shall be considered during California Environmental.Quality Act or National Environmental Protection Act review of development proposals. The subject property, a developed parking lot, is not a traditional landscape. Practical Effect The practical effect of the.REZ15-0001 is relatively minor. It would remove conditions of approval and mitigation measures applicable to the Feather Falls Casino parking lot, through repeal of the CZA which placed those restrictions on the property. The project site area has been constructed with parking lot improvements consistent with the CZA. A final building permit for constructed parking lot improvements was issued by Butte County on October 22, 2002. The parking lot's consistency with conditions of approval and mitigation measures relative to construction were checked and confirmed prior to approval of the final building permit. ENVIRONMENTAL REVIEW/CEQA ISSUES • As noted above, the project site area has been constructed with parking lot improvements consistent with the CZA. • CEQA prompts analysis of impacts to the physical environment. Where a project will not have a direct physical effect on the environment, or a reasonably foreseeable indirect effect, that project is likely to meet the criteria for a CEQA exemption • REZ15-0001 would result in no change to the physical environment, but rather would remove encumbrances to the parking lot associated with the CZA's conditions of approval and mitigation measures. ■Butte County Department of Development Services■ ■March 26,2015■Agenda Report—Mooretown Rancheria REZ15-0001 ■Page 3 of 4. 15 • This.project has been determined.to be exempt from the California Environmental Quality Act (CEQA) provisions under" Categorical Exemption Class T (section 15301 of the CEQA Guidelines)Existing Facilities: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing.public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The types of"existing facilities" itemized below are not intended to be all inclusive of the types of projects which might fall within Class L.The key consideration is whether the project involves negligible or no expansion of an existing use. LOCAL AGENCY REVIEW • Butte County Departments and other Agencies were notified of the proposed rezone and had no comment. PUBLIC COMMENT • No public comment was received as of the time this report was published. ■Butte County Department of Development Services■ ■March 26,2015.Agenda Report—Mooretown Rancheria REZ15-0001 ■Page 4 of 4. 16 Resolution No. PC . A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING THE BOARD OF SUPERVISORS APPROVE REZONE REZ15-0001 REPEALING THE MAY 22,2001 CONDITIONAL ZONING AGREEMENT BETWEEN THE MOORETOWN RANCHERIA CONCOW MAIDU,A FEDERALLY-RECOGNIZED SOVEREIGN INDIAN TRIBE,AND THE COUNTY OF BUTTE WHEREAS, on May 22, 2001 a Conditional Zoning Agreement (CZA) between the•Mooretown Rancheria Concow Maidu, a federally-recognized sovereign Indian Tribe, and the County of Butte was approved relative to a +5.16—acre property,APN 079-230-015 ('subject parcel' or'subject property'), which zoned the subject parcel to C-1 (Light Commercial), subject to conditions and mitigation measures imposed on parking lot development;and WHEREAS, parking lot improvements were constructed on the subject property and were issued a final building permit for light poles,electric,and water piping on October 22,2002;and WHEREAS, on October 26,2010 Butte County adopted a new General Plan, including a new General Plan Land Use Map which re-designated the subject property to a LDR Low Density Residential land use designation on the Butte County Land Use Map;and, WHEREAS,the Butte County Board of Supervisors adopted a Zoning Ordinance Update on November 6, 2012 under Ordinance#4050 which rezoned the subject property to LDR Low Density Residential; and, WHEREAS, the General Plan EIR (SCH #2008092062) was certified on October 26, 2010 by the Butte County Board of Supervisors (Resolution 10-150) and the Zoning Ordinance Update Supplemental EIR (SCH #2012022059) was certified on November 6, 2012 (Resolution 12-123); and, WHEREAS, the Zoning Ordinance Update specifically provided that established Conditional Zoning Agreements were not modified by adoption of the update,specifically: The Zoning Ordinance shall not interfere with, repeal,abrogate,or annul any Conditional Zoning Agreement established between the County and an applicant prior to the effective date of the Zoning Ordinance. All uses under the Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the zone." (BCC§24-5 (E.));and WHEREAS,the Mooretown Rancheria of the Concow Maidu Tribe filed Rezone application REZ15-0001 on January 26, 2015 with the Butte County Development Service Department requesting that the County repeal the Conditional Zoning Agreement approved May 22, 2001, thus removing encumbrances to the subject property that have interfered with the subject property being taken into trust status by the Federal Government on behalf of the Tribe;and Page 1 of 3 17 WHEREAS,a duly notified public hearing was held on March 26, 2015;and WHEREAS, the Butte County Planning Commission reviewed and considered the information in the staff reports,and all oral and written testimony presented to the Planning Commission;and WHEREAS, an Environmental Assessment(EA) under the National Environmental Policy Act(NEPA) was prepared,circa 1999 by Mooretown-Rancheria for the Proposed Conveyance of Fee Property to Federal Trust and Development: of a Cultural Center, A RV Park, Casino Over-Flow Parking and Associated Infrastructure, Mooretown Rancheria, Butte County,California; and the EA identified no cultural impacts from the Casino project,inclusive of the Casino Over-Flow Parking which is generally coterminous with the subject property,APN 079-230-015;and, WHEREAS; REZ15-0001 is-categorically exempt from CEQA under section 15301.of the CEQA Guidelines as an existing facility consisting of the "operation repair, maintenance, permitting, leasing, licensing;or minor alteration of existing public or private structures, facilities, mechanical equipment, or x topographical features, involving negligible or no expansion of use beyond that existing (emphasis added)" because,the subject property is currently developed as a parking lot and will continue with no change or expansion of use afterthe Conditional Zoning Agreement is repealed;and NOW,THEREFORE,BE IT RESOLVED,,that the Planning Commission hereby recommends to the Board of Supervisors the following findings: 1. Notice of the Planning Commission hearings on the proposed Rezone and categorical exemption, was given as required by-law and the actions were conducted in accordance with CEQA, and the State CEQA Guidelines. 2. All individuals, groups and agencies desiring to comment were given adequate opportunity to submit oral and written comments on the proposed Rezone and the categorical exemption. 3. The proposed adoption of the Rezone is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860 4. The proposed adoption of the Rezone is not inconsistent with other applicable provisions of the Zoning Ordinance. 5. Proposed adoption of the Rezone is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the proposed uses and development will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large. 6. The proposed Adoption of the Rezone does not jeopardize the health, safety, and welfare of the County. Page 2 of 3 18 i DULY PASSED AND ADOPTED this 26th day of March,2015,by the following vote: AYES: NOES: ABSENT: ABSTAIN: Rocky Donati,Chair Planning Commission County of Butte,State of California ATTEST: Tim Snellings,Secretary Planning Commission County of Butte,State of California Page 3 of 3 19 1 2 AN ORDINANCE ADOPTING REZONE REZ15-0001 '(MOORETOWN RANCHERIA) 3 REPEALING ORDINANCE NO.-3724, 4 PURSUANT TO ;CHAPTER 24, ARTICLE 38, OF THE BUTTE COUNTY CODE 5 The Board of, Supervisors of the County of Butte ordains as follows: 6 Section 1. Ordinance No. 3724, •An.Ordinance Zoning A Portion Of The Count 7 Of Butte, State Of California, An C-1 (Light Commercial) District, Pursuant 'Tc 8 Section 24-25.40 is hereby repealed. 9 . Section 2. Severability. If any provision of this Ordinance or the 10 application thereof to any person or circumstances is for any reason held to b 11 invalid .by a court of competent jurisdiction, such provision •shall be .deemed 12 severable and the invalidity thereof shall not affect the remaining provisions 13 or applications of the Ordinance which can be given effect without the invalid 14 provision or application thereof. 15 Section 3. Effective Date and Publication. This Ordinance shall take 16 effect thirty (30) days after the date of its passage. The Clerk of the Boar 17 of Supervisors is authorized and directed, before the expiration of fifteen 18 (15) days after its passage, to publish this Ordinance once, with the names o 19 the members of the Board of Supervisors voting for and 'against it, in the 20 a newspaper published in the County of Butte, State of California. 21 22 23 24 25 26 27 28 Page - 1 20 i 1 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, 2 State of California, on the day of 2015, by the following vote: 3 AYES: 9 NOES: 5 ABSENT: 6 NOT VOTING: 7 8 Doug Teeter, Chair of the 9 :Butte County Board of Super_vis,ors' 10 P 11 ' 12 ATTEST: , 13 PAUL HAHN, Chief Administrative 19 Officer and Clerk of the Board E 1 15. 16 17 18 By 19 Deputy 20 21 22 23 29 25 26 27 28 Page - 2 21 1 Attachment A 2 The Mooretown Rancheria Parking Lot (aka Feather Falls Casino Parking Lot)" 3. herein called the "Property", situated in the County of Butte, which Property is described as follows: 4 Being a portion of Parcel 2, as shown on that certain parcel map for 5 Thomas A. Poole and Manuela G. Poole, which map was recorded in the Office of the Recorder of the County of Butte, State of California, on April 30, 1990 6 in Book 119 of Maps, at pages. 28, 29, and 30, located in the NW 1/4 of Section, 34, 719N,. R4E, MDB&M, in the County of Butte, State of California, 7 being more particularly described as follows: 8 Beginning at the NW comer of said Parcel 2, said point also being the centerline of Alverda Drive; thence S 090 38' 12" E a distance of371..41 ft., 9 along the westerly.• line of said .Parcel 2; thence N 890 57' 33" E a distance of 127:9:6. ft.,. leaving said' westerly line of said Parcel 2; thence S 000 02' 10, 2711 E a distance of 65.00. ft.; thence N 89° 57' 33" E a distance of 295.00 ft.; thence N 000 02' 27 W a distanceof65.00 ft.; thence N 890 57' 33" E a 11 distaince,of 138.00 ft. ; thence N 000 02' 27" W a distance of 119.67 ft.; thence N 890 57' 33" E a distance of 65.00 ft.; thence N 000 02' 27" W a • 12 distance of 212.67 ft. more or less to a•"point on the northerly line of said Parcel 2 and the centerline. of Alverda Drive;. thence N 880 23' 15" W a 13 distance of 304.97 ft. "along said northerly line and the centerline of Alverda Drive to the beginning of a 5000 foot radius curve concave northerly; 14 thence along said 5000 foot radius curve to the right, for an arc length of299.4.7 ft. through a central angle of030 25' 54"; thence N 840 57' 21" W a 15 distance- of 84.45 ft. more or less to the point of beginning and the end of said description. 16 Containing 5.45 acres', more or less. 17 18 19 20 21 22 23 24 25 26 27' 28 Page - 3 22 Monte,Vsta a' + t i e E 1pi ' I9 Via Laton I ..��yy"". ,ems., •YII NImI gYaYJ .... 4,' -- � �� er � Project _ <,-a: •� f t � r E - Ikon Hotse_,Ln ovllleSphere of I�nfluence� �� "�l Pmepesf w PRIM 0-7-4 F - 3 � S ,z 3 aeateO�DY ButteCouM �a�N RZ150001 (Mooretown Rancheria) c MraDive�ro°i�aca�99985i � s 23 � � �Yp f �, �-_ad kv. i�,, --a OR mg 3` gr- NMI��.�'� �"?'�—s°�mgg A+�RE, . n~fi�I�1 ::EsY�Ln6 F _. �_ .�.Ky�'•�'yT �� � �fi`�� ,,•y e. Von iW MW �,--,AI��'s�'� es`'`��' •xOt" �:>n,. �ir .�s �`�`R C.ak., •s�� H 4 a OW FIN SUM 3L � f ��j•� �� << it sr"�. '. �c.`.�_ Q ..A ��y,'' •?ta` FCS"} �-.,'i ' '�=F '�z'�.,r w � ami a ro�.,nP�=:Sgqg",ya 11 4bli Li N' ,5, = At .^�"7t'"yq rk €'. .oirrs° 'J �} �-` 'mF'"'S ��• F _, '�.� 'K. ''3, t3o' 3wi.>.a QQ�sl��asss -# S u t{i 7kk�i r°" ll mom•�• �r IAS fie'4�R .' ac�.�� 4"t SON �r II4,f I ORDINANCE NO. 3724 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF-CALIFORNIA, AN C-1 (LIGHT COMMERCIAL) DISTRICT, PURSUANT TO SECTION 24-25.40; The Board of Supervisors of the County of Butte, State of California;, 2 under and pursuant to Section.24-25.40 of the-Butte County Code of said County, 3 ORDAINS, as follows: 4 SECTION I. The hereinafter described area situate.in the County of 5 6 Butte; State of California, shall be .and it is hereby :zoned as an C-1 (Light 7 Commercial) District, and such area shall be subject to the restrictions and 8 restricted uses and regulations pursuant to Butte County..Code Section.24-140. 9 Said area so zoned being located in the unincorporated area of Butte to County, Oroville area, more particularly described as follows: 11 Being a portion of Parcel 2, as shown on that certain parcel map for 12 Thomas A. Poole and Manuela G. Poole, which map was recorded in the Office of the Recorder of the County of Butte, State of California, 13 on April 30, 1990 in Book 119 of Maps, at pages 28, 29, and 30, 14 located in the NW 1/4 of Section 34, T19N, R4E, MDB&M, in the County of Butte, State of California, being more particularly described 15. as follows: 16 Beginning at the NW corner of said Parcel 2, said point also being the centerline of Alverda Drive; thence S 090 38' 12" E a distance of 17 371.41 ft., along the westerly line of said Parcel 2; thence N 891, 57' 18 33" E a distance of 127.96 ft., leaving!said westerly line of said Parcel 2; thence S 000 02'27" E a distance of 65.00 ft.; thence N 890 57'33" 19 E a distance of 295.00 ft.; thence N 000 02' 27" W a distance of 65.00 ft.; thence N 890 57' 33" E a distance of 138.00 ft.; thence N 000 02'. 20 27" W a distance of 119.67 ft.; thence N 89° 57' 33" E a distance of 65.00 ft.; thence N 000 02'27" W a distance of 212.67 ft. more or less 21 to a point on the northerly line of saidParcel 2 and the centerline of 22 Alverda Drive; thence N 88° 23' 15" W a distance of 304.97 ft. along said northerly line and the centerline of Alverda Drive to the beginning 23 of a 5000 foot radius curve concave northerly; thence along said 5000 foot radius curve to the right, for an arc length of 299.47 ft. through a 24 central angle of 030 25' 54"; thence N 840 57' 21" W a distance of 23 84.45 ft. more or less to the point of beginning and the end of said description. 26 Containing 5.45 acres, more or less. 25 SECTION.2. Conditional Zoning. The zoning reclassification enacted .2 by this ordinance is subject to condition(s) imposed pursuant.to Butte County Code 3 Section 24-25.40, subsections (c) and (d). The conditions are as specified in a 4 i 'Conditional Zoning Agreement to be signed by the Owners) of the property and by 5 '6 the!County. Said.Agreement shall:be,in substantially the form attached hereto-as 7' Exhibit A. The description of the property which is the subject of this:rezoning shall 1 g be the same in the Agreement as set forth in Section;I above. The.Chairman of the 9 Board of Supervisors isauthorized.and directed'to sign the Agreement on behalf of to the County of Butte. SECTION 3. This Ordinance shall be and it is hereby declared to be 12 in'fuli force and effect,from and after thirty (30) dayslafter the date of its.passage, 13 and,before the expiration of fifteen (15) days.after its passage, this 14 15 Ordinance shall be:published once with-the names of1the members of the Board of 16 Supervisors voting for and against.it.in the Oroville Mercury, a newspaper published 17 Jn:the,County of Butte, State of California. 18 PASSED AND ADOPTED by the Board of Supervisors of the 19" _ County of Butte, State of California, on the 22nd day of May , 2001, by the 20 following vote: 21 22 AYES: Supervisors Beeler, Houx, Yamaguchi and Chair Josiassen 23 'NOES: Supervisor Dolan 24 ABSENT: None 26 NOT VOTING: None 26 26 1 U JOSIASSEN, CHAIRMAN County Board of Supervisors 2 3 ATTEST: JOHN S. BLACKLOCK,Chief Administrative 4 Officer and Clerk of the Board 5 6 By 7 8 9 10 12 13 14 15 16 17 18 is 20 21 22 23 24. 25 26 27 Recording Requested By County of Butte r, And When RecordedReturn.to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT ` THIS AGREEMENT made.this.., day o& ,2001,by and between 1VlooretowrtRancheria Coricow lVlaidu; a federally recognized'°sovereign,Indian tribe,herein called "Owner", andthe COUNTY OF'BUTTE,..a political subdivision-of the State of ' California,herein called!"County". WITNESSETH ` WHEREAS, Owner is the owner. of real-property, herein called the "Property",'situated in'the,County of Butte, which Property is described as follows: Being a portion of Parcel 2,as shown on that certain parcel map for Thomas A.Poole and Manuela G.Poole,which map was recorded in the.Office of the:Recorder of the County of Butte,State-of California, on April 30,�1990 in Book 119 of Maps, at pages 28,29, and 309 located in the NW 1/4 of Section 34,T19N,R4E,MDB&M, in the County:of Butte, State of California, being?more.particularly described as follows: Beginning at the NW corner of said Parcel 2,said point also being the centerline of Alverda Drive;thence S 09°38'.12"E a distance of 371.41 ft.,along the westerly line of said Parcel 2;thence N 89°5733"E a distance of 127.96 ft.,leaving said westerly line of said Parcel 2;thence S 00°02'27"E'a distance of 65.00 ft.;thence N 89°57' 33"E a distance.of 295.00 ft:;thence N 00°02'27"W a distance of 65.00 ft.;thence N 89°57'33"E a distance of 138.00 ft.;thence N 00'02'27"W a distance of 119.67 ft.;thence N 89°57'33"E a distanceof 65:00k.- thence.N--00°-02'-27 _W-a-distance---------------..-.-.-. of 212.67 ft. more or less to a point on the northerly line of said Parcel 2 and the centerline of Alverda Drive;thence N 88° 23' 15" W a distance of 304.97 ft. along said northerly line and the centerline of Alverda Drive to the beginning of a 5000 foot radius curve concave northerly;thence along said 5000 foot radius curve to the right, for an arc length of 299.47 ft.through a central angle,of 03°25'54";thence N 84°57' 21" W a distance of 84.45 ft. more or less to the point of beginning and the end of said description. Containing 5.45 acres, more or less. WHEREAS,the Property is now zoned AR(Agricultural Residential)and is designated as Low Density Residential by the Butte County General Plan;and 28 WHEREAS, Owner has applied for a reclassification of zoning of the Property from its present classification to C-1 (Light Commercial)and for a re-designation from its.present General Plan designation to Commercial; and WHEREAS,public hearings have been held upon said application before the Board of Supervisors of the County of Butte,State of California,and after having considered the matter presented, the Board has determined that certain conditions to.the zoning reclassification and General Plan re-designation of said real property must be imposed so-as not to create any problems inimical to the health, safety,and the general welfare of the County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to C-1 and General Plan re-designation to Commercial is being granted and will be enacted by ordinance and resolution,respectively,, the said reclassification and redesignation shall be subject to the following condition(s): I. This Agreement is made pursuant to Butte County Code Section 24-25.40 (c),between the property owner and County of Butte,and includes the following provisions: A. This C-1 (Light Commercial) zone shall be limited to use as a parking lot for the Mooretown Rancheria's Feather Falls Casino complex,which lot shall be constructed in accordance with the plan attached as Exhibit"A",and incorporated herein by this reference. B. In order to reduce the impact of light and glare on surrounding properties,all external . lighting shall be directed downward and shall be contained within the parking lot boundaries. Light pole heights shall not exceed the mature height of the trees that are to be planted in the parking lot area. (Mitigation Measure#1) C. In order to soften the visual impact of the paved area,and to reduce heat gain on the paved surface, the applicant shall provide a Landscaping Plan, conforming to the below list of requirements. This mitigation shall be incorporated by reference into this Agreement(Mitigation Measure#2): 1. In accordance with Butte County Code Section 24-240.10 (e), a total of 5 percent of the gross parking lot area(11,935 square feet)shall be devoted to landscaping. Each planter area shall be surrounded with a six-inch raised concrete curbing,or equivalent. 2. The parking lot shall be planted with trees of not less than 15 gallon size to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Trees shall be planted and maintained in planters or landscaped areas so that at tree maturity, 15 years from the date of this Agreement, at least 50 percent of the total paving area,not including driveway entrances, 29 shall-be:shaded•as:determined by a qualified arborist or landscape architect. The 51 percent gross lot area landscaping requirement identified in Item C.1 may be-exceeded if necessary to meet this-requirement. a, 3: An irrigation system shall be installed in:each separate-planter.and landscaped area. 4. The-landscape..and: iriigation plan, .consistent with the: landscaping requirements;and project site plan, hall be;submitted to, and%approved by, the Planning.Divisionpnor to grading;,site development and issuance of any associated building permits. 5. All landscaped areas shall be maintained in a healthy.and.thriving conditions, free from weeds,trash,,,and debris, at all z times. D. In order to fugitive dust conditions,the applicant shall ensure that all road and other construction.activities•taking place during site development are sufficiently watered and/or treated with:a.soil palliative. These,measures will be carried-out to the satisfaction of the,Butte County Air Quality Management District.. (Mitigation Measure#3) E.� Due to the potential for soil displacement through erosion during construction, all cuts and fills greater than 2-feet in height shall be stabilized with a native grass seed mix or hydroseed application. The seed should be maintained for a period of two years to establish stable soil conditions, and an 80 percent cover should be established at the end of two years. The Planning Division shall ensure compliance With this mitigation. (Mitigation Measure#4) F. .Prior to site development and--issuance of any building permits, a plan for a permanent solution for drainage-shall -be submitted, to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on-site and or conveyed to the nearest natural or publicly maintaineddrainage channel or facility so that there shall be no increase in the peak flow runoff to said channel or facility. (Mitigation Measure#5) G. Trash receptacles shall-be maintained within the I parking lot at all times. The receptacles shall be designed into the landscaping plan. The receptacles shall be serviced by Owner on a routine basis adequate to keep the receptacles available for trash. II. In the event Owner,any successor in interest of Owner,or any person in possession of.the Property, violates or fails to perform any of the conditions of this -Agreement within thirty(30)days after notice thereof as provided in Paragraph 3,the Board of Supervisors of County may instruct the County Counsel.to institute legal proceedings to 30 enforce the provisions of this Agreement:. The Board of Supervisors.of County may also initiate proceedings tezone the property to the classification to which it is now,zoned or- o. any other suitable classification and to redesignate the property to its present General,Plan designation. Ill. Notice of violation-of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as.identified,on the current tax roll. IV. In the event.suit is.brought by the County Counsel of County to enforce any of the provisions of this Agreement,Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. V. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year fust above written. Dated: Mooretown Rancheria Concow Maidu,,Owner By: Shirley Prusia,Tribal Chairperson COUNTY OF BUTTE, a political subdivision of the State of California Dated: By Curt Josiassen,Chair Butte County Board of Supervisors [Attach Notary form] 31 i' } S Butte County Department of development Services ,, . ; TIM SNELLINGS, DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR l 7 County Center Drive o o § 6roville, CA 96965 (530)638-7601 Telephone ° o (530)638-7786 Facsimile o O www.buttecounty.netldds www.buttegeneralplan.net t ADMINISTRATION"BUILDING*PLANNING April 30, 2013 Mr. Gary Archuleta, Chairman Mooretown Rancherla Concow Maidu Tribe #1 Averda Drive Oroville, CA 95966 Subject: Mooretown Rancheria,APN: 079-230-015 Dear Chair Archuleta: On April 17, 2013, William Cornellus,.Tribal Administrator for the Mooretown Rancheria visited the Department of Development Services and asked for clarification concerning the County's Zoning and General Plan designation for the above-referenced parcel.number. The subject .property is currently developed as a parking lot for the adjacent Feather Falls Casino and all contiguous parcels of land surrounding the subject property are in in trust for the Mooretown Rancheria of the Concow Maidu Tribe. The following information is provided to address the concerns set forth by Mr. Cornelius: On.April 24, 2001, the Butte County Board of Supervisors approved a General Plan Amendment for the subject property from "crow Density Residential"to "Commercial" and rezoned it from AR (Agricultural Residential) to C-1 (Light Commercial) subject to a Conditional Zoning Agreement. All requirements of the 2001 Conditional Zoning Agreement were satisfied by the Mooretown Rancheria. On October 26, 2010, the Butte County Board of Supervisors adopted the Butte County General Plan which designated the subject property "Low Density Residential. The property was rezoned to LOR (Low Density Residential)with the adoption of the current Zoning Ordinance on November 6, 2012. At the time the General Plan and Zoning Ordinance were adopted, Butte County staff believed the subject property was already in trust status for the Concow Maidu Tribe. It was not the intent of Butte County to in any way create an encumbrance on the subject property that would prevent the property from being taken into trust status. Under the provisions of Section 24-5 (E.) of the Zoning .Ordinance (Title 24 of Butte County Code), the 2001 Conditional Zoning Agreement continues to be in effect: Page 1 of 2 32 E. Conditional Zoning. The Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement established between the County and an 'applicant prior to .the :effective date-of the Zoning Ordinance. All uses under the _Conditional Zoning Agreement-will continue to .be permitted, in addition to all uses allowed under the zone. I hope this letter provides the clarification<sought by Mr. Cornelius. Should you have any questions or I may be of assistance; please do not hesitate to contact me at.(530) 638-6572 or cthistlethwaite@buttecounty.net, . incdrely*,. fWe his I' thw it Plannng;Diyisron Manager Cc: William Cornelius,Tribalidmmstrator ' Frank,Lawrence;Tribal Counsel,' j r • r . ry age.2 of 33 1 .. DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR TENTATIVE PARCEL MAP TPM13-0011 and LAND CONSERVATION ACT CONTRACT AMENDMENT LCA13-0004 (Stephens-Edmonds Ranch) Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR, TPM13-0011 and LCA13-0004 (STEPHENS —EDMONDS RANCH) 1.0 PROJECT INFORMATION A. Applicant/Owner: Stephens—Edmonds Ranch,LLC,Elizabeth Edmonds Managing Member B. Staff Contact: Stacey Jolliffe,(530)538-6573,sjolliffe@buttecounty.net C. Project Name: N/A D. Project Location:,The parcel is located on the,north side of Nord Highway,approximately 0.75 miles west of Meridian Road;5071 Nord Avenue. E. Type of Application(s): Tentative Parcel Map;Land Conservation Act(Williamson Act)Contract Amendment; modifica6tion to 300'agricultural buffer F. Assessor's Parcel Number: 047-150-138(portion) G. Proiect Site Size: 318.9 acre portion of 337 acre parcel $ Zoning: AG-80(Agriculture,80-acre minimum parcel size) L General Plan Designation: Agriculture J. Environmental Setting: The project site is located in the unincorporated agricultural area of the County, west of the City of Chico and east of the unincorporated community of Nord. The 318.9-acre site fronts on Nord Highway between Meridian Road and Carmen Lane. It is planted in almonds and walnuts and has historically been in agricultural production. The subject parcel(APN 047-150-138)is enrolled in the Butte County Land Conservation (Williamson) Act program under the Robert Stephens— 1968 Williamson Act contract. A home and a guest home/shop are located in the central portion of the property, as are stables, barn, two solar arrays, septic systems,and multiple wells. The site is mostly flat and has a very gradual slope from northwest to southeast. The project site contains two soils types according to the Natural Resource Conservation Service Soil Surveys: The majority of the site is Bosquejo Clay 0 to 1 percent slopes. The central portion of the site is identified as containing Haploxerolls Clay, 0 to 2 percent. The project site and surrounding area are identified as Prime Farmland on the Important Farmland Maps prepared by the State Department of Conservation. The elevation of the property is about 150 feet above sea level. The project site is within a Flood Zone A, within the 100-year flood zone determined on Flood Insurance Rate Maps. The project is not located in an earthquake zone,or an airport overflight zone. Change in Regulatory Setting,BCC 24-8 (F.) `Aliquot Parts': Butte County sponsored and approved a Zoning Code Amendment (ZCA), as part of various amendments to Chapter 24 Zoning of Butte County Code, to add an aliquot interpretation to Butte County Code (BCC). The ZCA added "aliquot parts," regulations charting how parcel sizes are viewed for subdivisions and parcel maps. With the proposed ZCA, "a project submitted with surveyed section(s)of land as established under the Public Land Survey System containing less than 640 acres shall be deemed to be equivalent to a full 640-acre section of land provided the deviation is less than ten percent and be interpreted by the Zoning Ordinance as follows: 1. The applicant shall provide adequate proof that the section of land in question is irregular and contains less than 640 acres and a total amount,in acres,of the section. ■Butte County Department of Development Services ■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 1 of 1 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel-Map,File#TPM 1140 1 Fand LCA13-0004 2. Existing parcels:resulting from land divisions by protraction into aliquot.parts. of a.secti6n of land,that Chas been.determined°'to be irregular and having less than a standard 640-acre:section.of land,-,of one-quarter_(�-160-acres),one-eighth(-80 acres); one-sixrteenth(-40acres);=one•thirty=seeond:(-20.acres) one-sixty-fourth(-10 acres), or one=one-hundred..twenty.eighth (�5. acres)>of said section'of land,. approved. consistent withrequirements:of'the State Subdivision Map-Act and.Chapter•20'= Subdivision, oftheButte County Code,-at-the time'of.their.creation, shall be deemed to be equivalent to:the aliquot parts of a standard 640-acre section of land. 3. A proposed.land:division of aparcel-created..and,described by protraction of a-section into aliquot.parts,-where said section of land that has.been determined.to be irregular:and having,less than a standard 640-acre section of land,into aliquot parts.of one-quarter (-160 acres), one-eighth (-80 acres), one-sixteenth (-40.-acres), one- thirty-second (-20 acres), one-sixty-fourth (-�.10•acres); or,one-one-hundred twenty eighth.(-5 acres):of saidzsection.of land;shall be.deemed:to be equivalent to the aliquot parts.of a-standard,640-acre,section of land. . Legal descriptions of resultant parcels are not limited-,to aliquot part descriptions but:in-no case shall-the land.division allow greater density than;what is allowed through the aliquot division of the section. Each of the resultant parcels shall be of equal size." The ZCA adding the Aliquot Parts provisions to BCC section 24-8 (F.) of.the Zoning Ordinance was approved by the Board of Supervisors on January 27;201.5,and allows the configuration parcels-proposed by TPM13-0011 pursuant to the-new Aliquot Parts interpretation. The section of land in which the subject parcel is located contains less than 640 acres,and the 79.72-acre-parcels proposed are deemed equivalent to the one-eight section of land(80-acres),given that the deviation is less 10 percent of the total lot size. K Surrounding Land Uses: Agricultural uses surround the subject parcel on all sides, some with residences. Adjacent parcels ranges in size between 10.8 and 159.6 acres. L. Project Description: The project evaluated by this initial study is comprised of 1)Modification from the 300'agricultural buffer standards per BCC 24-84; 2)Tentative Parcel Map(TPM)to divide the 318.9-acre parcel into four lots(79.72 acres each);and 3) LCA13-0004,an amendment to a Williamson Act contract for orchard use,to reflect the revised boundaries of the TPM. 1) Modification from 300' agricultural buffer standards per BCC 24-84. As proposed, habitable structures would be located within a"Designated Residential Building Cluster"identified on the TPM. Since habitable structures would be located within 300 feet of a parcel boundary abutting an Agricultural zone after the property division, adjustments to the Agricultural Buffer Setback requirements must be approved with the map. TPM map note 17 states "All residential/habitable structures are to be located within the "Designated Residential Building Cluster" (DRBC)boundary lines. Any other uses of the areas within the Boundary shall be reviewed by the Agricultural Commissioner. Any modifications,additions or omission of the DRBC shall be approved by the Butte County Agricultural Commissioner." Article 17 of the Zoning Ordinance, BCC 24-84 F. provides the following guidance regarding when modification from the 300' standard should be granted. F. Criteria for Decision. The review authority may approve an adjustment to the required setback only if the following findings can be made: 1. The adjustment will not result in a modification to adjacent agricultural practices. 2. Unusual circumstances are present on the subject properties or surrounding properties that render the 300-foot setback requirement infeasible or unnecessary. Unusual circumstances include,but are not limited to, parcel size ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 2 of 2 ■ Project Name:-Stephens-Edmonds Ranch Tentative Parcel Map;File#TPM13-0011 and LCAI.3-0004 -andshape;t the.,location.of:existing,residences;infrastnrctureand other existing �. .. uses,and natural.physical features:and topography. 1. ,!The Iproposed,dwelling isfplaced i thdtgreatest,distance;possible'from-all . r•.. . 'propeity;lines:abutting,an agriculture'zones or,�othdvlocation;that:;presents•the least::detriment to%agricultural practices on adjacent properties: 4: The location:of:the'•proposed:residence does not interfere with'easements, septic systems;-or,.pnonconditions of approval:applicable to.the subject:property. The`Agricultural.Commissioner's-Offrce.has=reviewed,the:proposed-modification4from.the:300'=agricultural : :buffei:standards;':and:hasAetermined that�the "Designated,Residential•Building Cluster".is an:acceptable. alteinative,to_the,300'.,buffer,-setWck:due,to•the;.cl&e,proximity:of"the,-,existing;residential,structures and .".existing building sites as:annotated ori.the:mapi°;The,.Desigriated Residential!Building Cluster,'wilt provide.. adequate.access%to�existinJnfrastructure;.,such,as power:and!road'access,meach'parcel xreated•without further disturbing the,current agricultural operation. t -2),Tentative•Parcel Map TPM'13-0011.would�divide�the318:9 acre subjecVparcel'into foun lots of-79.72 °acres each in,the-AG-,80 zone:i.�As proposed, anexistingguest house/shop,-bam,and stables-will•be.located ;.on.proposed:parcel,2.• An,existing home will'be located.on proposed.parcel 3 andsolar arrays,would-be ,located on parcel14', The TPM affects only-a portion ofthe subject parcel because;:approxiiinately•20,acres •f... : soutliwest'ofthe area prop6sed•for;subdivided(labeled°'Parcel%3•Per SN. 2012-0021198 NOTA PART'on. ..the TPM)was found to be a separate legal>parcel;as.confrrmedby County.Public.Works Second.units•are. (precluded by<Williamson 1Act,contract. The TPM•could facilitate the construction ofiup to three,primary units. ' All residential structures,would:be. located within the "Designated-Residential established by map,note in the central,portion of the parent parcel. Sewage disposal for future the existing and future dwellings onthe site would be.provided by individual, on-site septic systems. Domestic water would be obtained from domestic wells. 3) Land Conservation'Act-Contract Amendment LCA13-0004. Concurrent with the.Tentative Parcel Map application, the property owner has applied for an amended Williamson Act'contract for orchard use which would reflect.the updated property boundaries.Under Rule 5 of the County's Williamson Act program, applications to amend.contracts are reviewed by the Williamson Act Advisory Committee for consistency with the County's program.The Committee submits a recommendation to the Board of Supervisors,which renders a decision to deny,modify or approve the LCA13-0004 application. In.determining the compatibility of a tentative parcel map with the Williamson Act,the Board of Supervisors takes into consideration the recommendation of the Williamson Act Advisory Committee, and must make the following findings: ' 1. The proposed division will not impair the use of the land for the production of food,fiber,livestock or wildlife habitat,as provided in the contract. 2. Each parcel created by the division of lot line adjustment shall conform to minimum acreage under Table One. 3. The land division conforms to the Butte County General Plan,state laws and all other applicable County Codes and standards. 4. The land division is not for the creation of residential development that does not directly support agricultural production on the contracted land. M. Public Agency Approvals/Reviews: Butte County Agricultural Commissioner's Office- Butte County Land Conservation Act Committee(Williamson Act Committee) Butte County Planning Division Butte County Building Division Butte County Fire Department/CDF Butte County Environmental Health Division Butte County Public Works Department ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 3 of 3 ■ Project Name:- Stephens-Ednionds`Ranch Tentative Parcel Map,File#TPM13-0011:and-LCA'13-0004 ,n .-.. fit F lt11 f t III I It � .4� -:tardax _ 1 i i N. 7 i , 1 E ,+. •� _ a �w 1 ----------------t--- Figure 1:Tentative Parcel Map TPM13-0011 ■Butte County Department of Development Services■ ■Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 4 of 4 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 zow 7 M m W yJ�+� - 04 + st "I ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 5 of 5 ■ 1 Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-001 Pand-LCA13-0004 2.0 DETERMINATION [. ] I find that the proposed-project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared: [X] I find that although the proposed project.COULD have a significant effect on.the environment, there will NOT be a significant'effect.in this case-because revisions have been.made.by-or.agreed'to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared:- [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ]. I-find that the proposed,project MAY have a"potentially significant impact"or"potentially significant unless '..:.mitigated" impact on the environment, but at least one effect 1)has been;adequately.,analyzed in an earlier document pursuant to applicable legal standards,and 2)has beenaddressed'by mitigation measures based on the earlier analysis as.described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including-revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Stacey Jolliffe,Principal Planner Date Reviewed by: Chuck Thistlethwaite,Planning Manager Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project; however, with the incorporation of mitigation measures, potentially significant project related impacts are reduce to a "less than significant"level(CEQA Guidelines 15382). [ ]4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [X] 4.4 Biological Resources [X] 4.5 Cultural Resources [X] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use ( ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [X] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 6 of 6 ■ c Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 4.0 ENVIRONMENTAL-IMPACTS:- 4.1 AESTHETIC/VISUAL RESOURCES:." Potentially Less Than�L Less Than: No - Reviewed Would the proposal:-: ., - Significant Significant Significant Impact Under Impact with, Impact. Previous Mitigation,. Document Incorporated" a. Have a substantial adverse effect.on a scenic vista?' X' b. Substantiallydamage scenic resources,-including,but ' not limited to,trees,rock outcroppings,and historic X. f . buildings within a state scenic highway? ; c. Substantially degrade the existing visual character or X quality of the site and its surroundings? d. Create a new source of substantial light orglare which would adversely affect day or nighttime views X in the area? Setting: General Plan Figures COS-7;COS-8,and COS-9 depict identified scenic resources in Butte County. Significant scenic resources identified by the General plan are displayed in General Plan Figure COS-7 and are comprised of•land-based resources(Butte Creek Canyon, Sacramento River National Wildlife Refuge,Table Mountain,and Feather Falls Scenic Area)and water-based resources(Philbrook Reservoir,Lake Oroville,Thennalito'Afterbay,and Lake Wyandotte). Although there are no officially-designated State Scenic highways in the County, State Route 70 (SR70) north of the intersection with State Route 149 (SR149)is included in the California Scenic Highway Program and is considered an eligible State Scenic Highway. SR70 through the Feather River Canyon and a portion of State Route 32(SR32)north of Forest Ranch are recognized as'County Scenic Highways. A scenic Highway Overlay Zone is applied to an area extended 3 50 linear feet from the centerline of scenic routes identified in COS-9, including portions of SR32 north of Chico, Portions of SR70 north of the SR149 intersection, the Skyway, southern portions of SR191 and Pentz Road,portions of SR162 along Lake Oroville,and portions of Forbestown Road and Lumpkin Road. Impact Discussion: a) No Impact. Future development of the parcels includes single-family residential units and second units, and agricultural structures, which would be consistent with the established visual character of the surrounding area. Additionally,residential structures will be clustered in the center of the site near existing structures and improvements. Therefore,the project would not significantly affect a scenic vista nor have a demonstrable negative aesthetic effect. b) No Impact. The project site is not located along a County designated scenic highway. No improvements are proposed that could result in the degradation of existing features on or near the project site. Subsequent development of the resultant parcels is anticipated to be consistent with the rural character of the project site and surrounding area. c) No Impact. Future development of the resultant parcels would consist primarily of single-family residences and agricultural structures. The type of housing and the 80-acre size of the resultant parcels would be consistent with the existing rural character and visual quality of the project site and surrounding area. d) Less Than Significant Impact. Outdoor lighting for safety and security could potentially be added to existing and future structures on the resultant.parcels. However, the proposed rural density development would minimize ordinary nighttime lighting impacts to adjacent areas. Additionally,Article 14 of Butte County Code requires that all outdoor lighting in residential areas be located,adequately shielded,and directed such that no direct light falls outside the property perimeter,or into the public right-of-way. As a result,the proposed project would not create new sources of substantial lighting or glare that would generate a significant impact. ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 7 of 7 ■ I Project Name: Stephens-Edmonds Ranch Tentative Paicel Map;File#TPM13-0011 and LCA13'-0004 4.2 AGRICULTURE RESOURCES: "Potentially Less Than Less Than No Reviewed Would,the proposal: Significant Significant Significant Impact• Under Impact with Impact Previous Mitigation Document- Incorporated a. Convert Prime Farmland,Unique Farmland,or Farmland of Statewide Importance(Farmland),as... shown on the maps prepared,pursuant to'the Farmland Mapping and'Monitoring Program of the X California Resources Agency,to non-agricultural use? b. Conflict with existing zoning for agricultural use,or a Williamson Act Contract? X c. Involve other changes in the existing environment which,due to their location or nature,could result in- X conversion of Farmland,to non-agricultural use? d. Result in the loss of forest land or conversion of X forest land to non-forest use? e. Involve other changes in the existing environment which,due to their location or nature,could result in X conversion of Farmland to non-agricultural.use or conversion of forest land to non-forest use? Setting: The subject site is designated Agriculture by the Butte County General Plan and is zoned AG-80 (Agriculture 80-acre minimum parcel size). See Section 4.10 Land Use of this study for a discussion of the Agricultural land use designations applicable to the subject site. The project site contains two soils types according to the Natural Resource Conservation Service Soil Surveys: The majority of the site is Bosquejo Clay 0 to 1 percent slopes. The central portion of the site is identified as containing Haploxerolls Clay,0 to 2 percent. The project site and surrounding area are identified as Prime Farmland on the Important Farmland Maps prepared by the State Department of Conservation. The property is currently in use for almond and walnut production and is enrolled in the Williamson Act. Concurrent with the Tentative Parcel Map application,the property owner has applied for an amended Williamson Act Contract (Land Conservation Act Contract Amendment LCA13-0004)for orchard use which would reflect the updated property boundaries. Parcels to the south and west are also within Williamson Act Contracts. Figure 3 shows Williamson Act Contract Lands north of Chico. TPM 13-0011 would divide the 318.9 acre subject parcel into four lots of 79.72 acres each in the AG-80 zone. Please see the Re ug latory Setting in the Project Information section above, for a description of how the proposed parcels meet the minimum parcel sizes of the AG-80 zone. As proposed,an existing guest house/shop,barn and stables will be located on proposed parcel 2. An existing home and solar arrays will be located on proposed parcel 4 along with an"existing building site on higher ground." Second units are precluded by Williamson Act contract,but the TPM could facilitate the construction of up to three primary units. All residential structures would be located within the "Designated Residential Building Cluster" (DRBC) established by map note in the central portion of the parent parcel. Map note 14 on TPM 13-0011 provides the following acreages within the DRBC: ■Butte County Department of Development Services■ ■Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 8 of 8 ■ Project Name::Stephens-Edmonds,Ranch Tentative Parcel Map;File#TP.M13-0011 and LCA13-0004, 14. ALL RESIOEN�TIAL/HABITABLE BUILDING, STRUCTURES ARE TO BE,LOCATEi1 WITHIN THE ' ESIGN:nTED',RESI€7ENTIAL.l�UILDIN 4LUSTER {PRBC).;F30t?,�!f3A�tY LINES. 'ANY 'OTHER USE OF, THE AREA;WITHK.THE BOUNDARY SHALL BE; REVIEI"r•ED BY THE- AGRICULTURAL OOMMISSIONERc ANY b+ ODIIC.431 4�4&. ADDITIONS OR. 0tdIS510NS OF.THE.©RBC SHALL BE .APPROVED BY THE BUTTE CC}UNTY AGRICULTURAL COMMISSIONER DRBC HAVE BEEN RESERVED IN THE FOLLOWING SIZES: PARCEL '1 — 3.:36.,ACRES • PARCEL :2 — 4.14- ACRES PARCEL 3 — 6.34 ACRES • PARCEL 4• — 8,88 ACRES Sewage disposal for future the existing and.futuredwellings:onthe site would be provided by.individual;,•on-siteseptic systems. Domestic water would be obtained fromdomestic wells. ■Butte County Department of Development Services ■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 9 of 9 ■ Project-Name`..S{ephens-EdmondstRanch Teritative.Parcelt,Map;Tile#TPM1.3=001',1,and LGA•1.3=OOd4,'' RA 05 AR �. t y I m� t „ t ^iL f+c'2c`Rr� ,;cam -M r Figure 3: Williamson.Act,Contract_Land-. m Butte County Department of Development:Services■ ■ Initial Study'' Stephens=Edmond's Ranch,LLC TPM13-0011 m Page 10 of-10 ■ :. Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 Modification from 300'.AQricu1tural Buffer Standards per BCC 24-84 Single-family homes are permitted uses in the County's Agricultural'zones(BCC Tables 24-13-1)and must be located not less than 300-feet from any property line that abuts agricultural zones (BCC 2.4-=83)._The 300'buffer enables homes io be separated from active agricultural operations;such as chemical spraying;noise and dust. Article 17 of the Zoning Ordinance;BCC 24=84 Rrfprovides the following guidance regarding when modification from the 300' standard should be granted ti F. ';Criteria for.Decision._The review authority may approve an adjustment to the required setback only if the following fmdings.can be made: , 1. The,adjustment-will,not,result in-a modification<to adjacent.agricultural - practices. 2. Unusual!circumstances,are,present on,the,subject,properties or surrounding 1 properties;that zrender the 300400t-.:setback' requirement.infeasible or. unnecessary. Unusual circumstances include,but are not limited to,.parcel size and`shape;.the•location of existing-residences;infrastructure and other existing uses,and natural physical features and topography. I 3. The,proposed dwelling is placed the greatest distance possible from all property lines abutting an agriculture zone-or'other location that presents + the least.detriment to agricultural practices on adjacent properties. 4. The location-of.the proposed residence does not interfere with easements, septic..systems, or prior conditions of approval applicable to the subject property. The County's Agricultural/Residential Buffer Implementation Guidelines(Buffer Guidelines),adopted December 16, 20118, were intended to help implement the 300' buffer.required by Butte County Code-and to provide guidance relative to requests for determination of unusual circumstances pursuant to the pre-2012 zoning ordinance The 2008 Buffer Guidelines note that the 300'.buffer is required because land use conflicts can potentially exist between agricultural and non-agricultural uses including pesticide use, noise, odors, insects, dust, smoke, animal containment, hours of operation, and visual impacts. The Buffer Guidelines-allow modification from the 300' standard; if the County makes a determination of`Unusual Circumstances,"in which case a . buffer may take other forms or be of a lesser distance." This has led to use of the term"Finding of Unusual Circumstances"to reflect instances in which practical considerations allow reduction of the 300' buffer. With adoption of the updated Zoning Ordinance in 2012, references to the old Zoning Ordinance are no longer on point; however,.general guidance about when and how buffers-should be reduced remains relevant. - The Buffer Guidelines advise that"project designs which generate the need for a determination of unusual circumstances should be avoided." The Guidelines further advise that the 300' buffer should not be amended at the unincorporated community boundaries or at the outer boundaries of spheres of influence. Rather,new homesites,according to the Buffer Guidelines, "should be located near existing homesites and roads to minimize impacts on agriculture, segmentation of valuable agiicultural land, and to preserve the agricultural land resources of the County." The Agricultural Commissioner's Office has reviewed the proposed modification from the 300' agricultural buffer standards, and has determined that the"Designated Residential Building Clusier" is an acceptable alternative to the 300' buffer setback due to the close proximity of the existing residential structures and existing building sites as annotated on the map. The "Designated Residential Building Cluster" will provide adequate access to existing infrastructure, such as power and road access to each parcel created with minimal disturbance to current agricultural operations. Land Conservation Act Contract Amendment LCA13-0004 is required for subdivision of the land pursuant to ■Butte County Department of Development Services■ ■Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 11 of 11 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File-#TPM13-0014 and LCA13-0004 Government.Code pertaining to parcel-:maps:on land subject.to a Williamson Act.contract.. The Board of Super-visors. -may require the land owners.to execute,a new Williamson Act contract, documenting the legal descriptions-of the reconfigured parcels to remain in the Williamson Act. Under Rule 5 •of,the County's Williamson Act program, applications to amend-contracts are reviewed by the Williamson Act Advisory Committee for consistency with the County's program. The-,Committee submits:a - recommendation to the Board of Supervisors,which renders decision:to.deny;.modify or approve the LCA 13-0004 application. In determining the compatibility of a tentative parcel.map with the Williamson Act, the.Board of Supervisors°takes into consideration the recommendation of the.Williamson Act.AdvisoryCommittee, and must make the following findings: 1. The proposed division will not.impair the use of the land for the production of-food,.fiber, livestock or wildlife habitat,as provided in the contract. .2. Each parcel created by the division of lot line adjustment shall conform,to minimum acreage under Table One. 3. The land.division;conforms to the Butte County General Plan, state laws and all other , applicable County Codes and standards. 4. The land division is not for the creation of residential development that does not directly support agricultural production on the contracted land. a) c)e)Less than Significant Impact. Agriculture will remain the primary land use on the subject site. The project site is designated Agriculture in the Butte County General Plan and is zoned AG-80 for agricultural use.The property is currently planted in almonds and walnuts which are proposed to remain after subdivision. The applicant proposes to re-enroll the property in an amended Williamson Act Contract. By Williamson Act contract,the parcel map would not allow second dwelling units. The parcel map would allow the construction of up to three additional (primary) dwelling units, one each on parcels 1, 2 and 3, all of which will be located within the Designated Residential Building Cluster at the central portion of the site. The"Designated Residential Building Cluster"or DRBC has been established by map note and applies to the central portion of the parent parcel. An existing residential area, raised by approximately a foot in the center of the site is encompassed entirely within the DRBC . The designated residential building cluster proposed by map note on TPM 13-0011,is 22.72 acres. This level of single-family development, accessory to the agricultural use of the land, is consistent with the Butte County General Plan and General Plan Environmental Impact Report. The EIR finds that"the General Plan land use designation of Agriculture would protect farmland from conversion to nonagricultural use because it does not allow non-agricultural uses,except when such uses are accessory to and support an on-going agricultural use. Although the Agriculture designation allows a single-family home, the land area devoted to such use is minimal. In addition, a single-family home is an accessory use and beneficial to the continued agricultural use of the land by allowing farmers, ranchers,or caretakers to live on the property under agricultural production."(GPEIR Page 4.2-9). The General Plan allows single-family homes in agriculturally-designated properties as an accessory use. The addition of three single family homes on 318.9 acre would not significantly convert agricultural land to non-agricultural use. b) Less than Significant Impact. The project site and surrounding area are located within an agriculturally-zoned and designated area used for agricultural production. As noted in the project description,a modification from the 300' agricultural buffer standards per BCC 24-84 has been proposed due to the clustering of residential structures near the center of the site. An existing shop and guest house are located on proposed parcel 2. An existing house is located on proposed parcel 4.A proposed building site is also shown on proposed parcel 4. Three additional building sites would also be permitted with recordation of the final map,one each on Parcels 1,2,and 3. Requests for adjustments to the Agricultural Buffer Setback requirements must be reviewed by the Agricultural Commissioner's Office. Article 17 of the Zoning Ordinance, BCC 24-84 F. provides the following guidance regarding when the modification from the 300' buffer it requirement should be granted. ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 12 of 12 ■ Project-Name: Stephens-Edmonds Ranch Tentative Parcel Map,File.#TPM13-0011 and LCA13-0004 F. Criteria for Decision....The review-authority may approve an adjustment toahe required setback only if the following findings can,be made: 1. The�adjustment.will,not,result,in a modification to adjacent,agricultural;. practices. 2.. Unusual circumstances are present�on the subject properties or surrounding, properties:`that ,render the . 300-foot setback requirement infeasible:. or unnecessary.. Unusual circumstances include,but are not limited,to;.parcel.size . and shape, the 1ocation;,of existing residences, infrastructure and other:existing, uses,.and natural physical features and topography.. 3. The;proposed dwelling is placed the greatest distance:possible from.,all property lines abutting an agriculture zone or other location that. presents the. least 'detriment to agricultural practices on adjacent properties. 4. . The location of the proposed residence does not interfere.witheasements; septic systems;or prior conditions of approval applicable•to the subject property. - The proposed configuration meets the criteria spelled,out in BCC 24-84,because-the clustering of existing and proposed residential buildings near the center of the site renders the 300-foot setback unnecessary to protect the homes from spray and other ag=related impacts. The buffer adjustment will not modify existing agricultural practices on adjacent property holdings because the existing homes would already preclude spraying in the center of the site, where proposed homes are to be located. Building locations for new dwellings, as proposed present the least detriment to agricultural practices on adjacent properties at the center of the site, near existing residences. Therefore,while proposed home sites would be within 300'of agricultural property boundaries,they would not modify adjacent agricultural operations. Homes would be clustered together such that the 300' buffer would.be unnecessary. The location in the center of the site presents the least detriment to adjacent agricultural practices,and does not interfere with easements,septic systems,or prior conditions of approval applicable to the subject property. d) No Impact. The project site is 318.9 acres,which is planted in almonds and walnuts. The project will not affect forest resources. The project would not result changes to,or conversion of forest land to another land use Mitigation Measure: None required. 4.3 AIR QUALITY: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air qualityplan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality X violation? ■Butte County Department of Development Services■ ■ Initial-Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 13 of 13 ■ Project Name: Stephens-Edmonds-Ranch Tentative Parcel Map,File#TPM13-0011 and,LCA13-0004" • Potentially Less Than "L:ess.Than No Reviewed. Would the proposal:•. Significant •Significant. Significant Impact Under Impact with Impact Previous Mitigation_ Document Incorporated �• c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project,region is non- attainment under an applicable federal:or stateambient' X air quality standar&(including releasing emissions which exceed quantitative thresholds.for ozoneprecursors)?' d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial, X number of people? - Setting: The proposed project is-located in the Northern Sacramento Valley Air Basin.(NSVAB). The NSVAB is bounded on the north by the Cascade Range, on the south by the Greater Sacramento Air Region and San Joaquin Valley Air Basin, on the east by the Sierra Nevada,and on the west by the Coast Range. High temperatures and low humidity, with prevailing winds from,the-south, characterize summer conditions. Occasional-rainstorms, interspersed with stagnant and sometimes foggy weather, characterize winter conditions. Southern winds continue to predominate during the winter. Two types of inversion occur in the NSVAB: 1)during the summer sinking air forms a lid over the region contributing to.photochemical smog and 2)air cools next to the ground while air aloft remains warm causing poor dispersion of ground level pollutant emissions. The California Air Resources Board prepares and submits to the EPA a State Implementation Plan explaining how the state will attain compliance with federal Clean Air Standards. Attainment standards for criteria pollutants have been established at both the state and federal levels,based on specific concentration levels. The following table identifies criteria pollutants and the applicable state and federal attainment status-: Table:Butte CountyAttainment Status Pollutant State Federal NOx Attainment Attainment SO2 Attainment Attainment CO Attainment Attainment 1-hour Ozone Non Attainment. 8-hour Ozone Non Attainment Non Attainment PM10 Non Attainment Attainment PM2.5 Non Attainment Non Attainment The NSVAB adopted an updated Air Quality Attainment Plan in 2004 as its component of the State Implementation Plan. The region's air pollution management is guided by the Basin's 200-3-Air Quality Attainment Plan. The Butte County Air Quality Management District(BCAQMD)has adopted many,but not all of the control measures contained in the Attainment Plan. ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 14 of 14 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File.#TPM,13=0011 and LCA13-0004 The-District CEQA Air Quality Handbook,.adopted January2008, is used to assess air quality impacts for land use developments subject"to CEA review. All projects are required to meet the applicable standard conditions of approval, (not.to be confused with:mitigation measures). For example, the following BCAQMD regulations are required for all applicable projects(BCAQMD;2008),regardless of the applicability,of other review procedures(such as the Subdivision.Map.Act or CEQA): Emissions must be prevented fromcreating a nuisance to surrounding properties as regulated under District Rule 200 Nuisance. Visible emissions,from.,stationary.diesel-powered.equipment are not allowed to exceed 40.percent,opacity for more.than.three-minutes-in any one-hour;,as regulated under District Rule 201.'Visible Emissions. •-Fugitivedust emissions must be prevented from being airborne beyond the property Pule,as regulated under District Rule 205 Fugitive Dust Emissions. District Rule-300 GeneraLProhibitions and Exemptions on Open Burning, certain materials are prohibited from open fires for.the purpose of,disposing petroleum waste,demolition debris;construction debris,tires or other rubber materials, materials containing tar,or for metal salvage or burning of vehicle bodies. Any open burning.requires approval and issuance of a burn.permit from the District and shall be performed in accordance with the District Rule and Regulations. •Portable equipment,other than vehicles,must be registered with either the Air Resources Board's Portable Equipment Registration Program(PERP)6 or with the District in accordance with District Rule 440 Portable Equipment Registration. • Architectural coatings and solvents used at the project shall be compliant with the District Rule 230 Architectural Coatings. • Cutback and emulsified asphalt application shall be conducted in accordance with the District Rule 231 Cutback and Emulsified Asphalt. • All stationary equipment, other than internal combustion engines less than 50 horsepower, emitting air pollutants controlled under.the District rules and regulations require an Authority to Construct (ATC) and Permit to Operate(PTO)from the District. • The District Rule 207 Residential Wood Combustion prohibits installation of any new traditional "open hearth"type fireplaces or non EPA certified Phase II appliance. • In the event that demolition, renovation or removal of asbestos-containing materials is involved, CARB must be contacted. Impact Discussion: The map could facilitate three additional,primary single-family residences on the subject site. TPM 13-0011 would divide the 318.9 acre subject parcel into four lots of 79.72 acres each in the AG-80 zone. As proposed, an existing guest house/shop,barn and stables will be located on proposed parcel 2. An existing home will be located on proposed parcel 3 and solararrays will remain on proposed parcel 4. Second units are precluded by Williamson Act contract, but the TPM could facilitate the construction of three dwelling units, one each on lots 1, 2 and 4; all residential structures would be located within the "Designated Residential Building Cluster" established by map note in the central portion of the parent parcel. ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 15 of 15 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 Source: Butte County Air Quality Management District CEQA Air Quality Handbook-October 23,2104 Table 4-1. Sctee-uhig Ctite iia.for Ciltetia.-kir Pollutants Land Use Type Model Emissions.for Projects Greater Than Single Family Unit Residential 30 units Nfulti-Familv(LowRise)Residential 75 units Commercial 15,000 square feet Educational 24,000 square feet Industrial 59.000 square feet Recreational 5.500 sdusae feet Retail 11,000 square feet 1.Screeningtevels were created using CAEEMod 2013.2.2,based on daily ozone precursor - emissions with default fhaie County urban settings modeled.fatwinter emissions(which are 2. ChEENIod provides numerous land use sub-types for each of the land use types Provided in the left cohnnn Please consult the CalEEMod User Guide for more information regudingspecific J Isin d use sub-types 1. ub-type_- 1. Screeningcriteria assume no woodburniagdevices,unpaved roads.parldngor mimed Lid uses- 4. Emissions fi-orn en&es and industrial sources subject District Rules and Regulations are not included in the screening estimates. a) Less Than Significant Impact. Table 4-1 Screening Criteria for Criteria Pollutants lists the established thresholds based on land use for when additional air quality modeling should be performed.The threshold for a single family residential project is 30 units. This project has the potential for three new residential units, meaning no additional air quality modeling is required. Standard mitigation measures guidelines apply. Due to the limited development potential of the proposed project,the project will not conflict with or obstruct the air quality plan. b) Less Than Significant Impact The proposed project has the potential to impact air quality primarily in two ways: (1)the project would generate mobile source emissions associated with future residential development on the resultant parcels, and (2) fugitive dust (particulate/PM,o) and construction exhaust emissions produced during construction activities of residential development on the resultant parcels. Mobile source emissions are from motor vehicle include tailpipe and evaporative emissions. Emissions generated from on-road vehicles are expected; however, because the project would generate a limited amount of vehicle onto area roadways,potential impacts are less than significant. Construction emissions generated throughout the course of project implementation would originate from construction equipment exhaust employee vehicle exhaust dust from grading the land, exposed soil eroded by wind,and ROGs from architectural coating and asphalt paving. Construction-related emissions would vary substantially depending on the level of activity, length of the construction period, specific construction operations,types of equipment number of personnel, wind and precipitation conditions, and soil moisture content. Despite this variability in project site conditions, experience has shown that there are a number of feasible control measures that can be reasonably implemented to significantly reduce fugitive dust emissions from construction activities. To ensure implementation of effective and comprehensive control measures for fugitive dust emission to reduce potential air quality impacts from construction activities to a less than significant level,Mitigation Measure UM,listed below, is recommended. The primary construction exhaust emissions generated by diesel-powered heavy equipment during construction activities include Nitrogen Oxide(NOx) and Volatile Organic Compounds (VOCs). When these emissions interact with sunlight in the atmosphere,they tend to break-down forming ozone or photochemical smog, and are known as ozone precursor emissions. The proposed project is expected to generate additional NOx and VOCs during construction activities. However,adherence to CARB rules for off-road vehicle emission control would ensure that the emissions generated by construction activities would be less than significant. c) Less Than Significant Impact with Mitigation Based on the information provided in section b.), above, occupancy of the resultant parcels would not result in the violation of any air quality standards or contribute n Butte County Department of Development Services m n Initial Study-Stephens-Edmonds Ranch,LLC TPM13-0011 m Page 16 of 16 m E Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and L'CA13-0004 substantially to•an.existing�or-projectedtair^quality,violation. However, fugitive dust.emissions generated during + _ construction,activities:has i,the i potential i to,contribute:cumulatively:to the regio&s non-attainment of PM,o and PM2.5 emissions..Implementationof Mitigation Measure MMl would reduce potential cumulative fugitive dust emission impacts to a less than significant level. d) Less Than Signiflunt Impact:,,Homes,are-located,within.1/4 mile ofAhe project:site. Construction activities •would generate emissions.of.criteria:pollutants,•including.suspended'and inhalable particulate matter and equipment exhaust .emissions.... -These :emissionst;coul&expose„nearby sensitive"receptors, to,-pollutants-concentrations. Implementation.of-MitigationMeasureMMI would reduce impacts of construction-related fugitive dust emissions. Because impacts related-to equipment exhaust.emissions..would not exceed the significance.thresholds recommended Y,. :by BCAPMD,and because.construction activities for residential development tend to be short in duration;impacts to sensitive receptors would be less than significant:-. ;e) •'No,Impact.-,,Future residential uses,on;the.,resultant'parcels.would'not create objectionable odors. Future -1 r��� -• . ,: construction activities could include:objectionable.odors from tailpipe diesel emissions and from solvents in adhesives, paints,caulking materials;•and new:asphalt. The location of potential development(6 units)at the center.of the almost •360 acre site will allow;any odors�to,dissipate before leaving the site. Since odor.impacts•would.be temporary;and limited.to the area adjacent to the construction operations,Ano objectionable odors are anticipated that would affect adjacent residences. Mitigation Measure MMI: Place a note.on a separate document which is to be recorded concurrently with the map or on an additional map sheet -that states: "Dust generated by the development activities shall-be kept to a minimum and retained on-site. Follow the air quality control measures listed below: Control Dust a. .During clearing, grading, earth moving,excavation, or transportation ofIcut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction;water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to-prevent dust from leaving the site. At a minimum,this would include wetting down such areas in the • later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered,kept moist, or treated with soil binders to prevent dust generation. ' d. On-site construction vehicles shall be limited to a speed of 15 mph on.unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered.' f. Existing roads and streets adjacent to the project shall be cleaned at least once.per day if dirt or mud from the project site has been tracked onto these roadways,unless conditions warrant a greater frequency. g. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information h. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. 'I•his person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200& 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i. Maintain all construction equipment in proper tune according to manufacturer's specification. j. Where feasible,give preference to utilizing the following equipment: • Electric equipment • Substitute gasoline-powered for diesel-powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas(LNG),propane,or biodiesel. • Equipment that has Caterpillar pre-chamber diesel engines,as practical. • Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy- duty diesel engines. k. Construction workers shall park in designated parking area(s)to help reduce dust emissions." ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 17 of 17 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#-TPM13-0011 and LCA13-0004 Plan Requirements:The note shall be placed on a separate document which is to be recorded concurrently with the - .map or on an additional-map sheet'. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and'construction periods. Monitoring:The Butte County Department of Development Services and the Public Works Department shall ensure- that the note is placed on a separate document which is to be.recorded concurrently with the map or on an additional: map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution- Control District inspectors shall respond to nuisance complaints. 4.4 BIOLOGICAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect,either directly or, through habitat modifications,on any species identified as a candidate,sensitive,or special status X species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies, X regulations or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act(including,but not limited to,marsh, X vernal pool,coastal,etc.)through direct removal, filling,hydrological interruption,or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory X wildlife corridors,or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree X reservation policy ordinance? L Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation X Plan,or other approved local,regional,or state habitat conservationplan? g. A reduction in the numbers,a restriction in the range, or an impact to the critical habitat of any unique,rare, X threatened,or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite(including mammals,birds,reptiles, X amphibians,fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat(for foraging,breeding,roosting,nesting,etc.)? X i ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 18 of 18 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 to ' •• 1} Potentially; Less Than^ Less-Than. No-, Reviewed , ., Would.'the,-..proposal: Significant;* Significant . Significants . Impact- ' Under.. Impact With, Impact: Previous Mitigation;- Document Incorporated.., j: Introduction of barriers to movement of any resident,: ,s. or migratory fish or wildlife_species?.' X r k. Introduction of any factors:night"fencing,,noise,-- ..human presence.and/6t,d6mestic,animals)which�could)'., .X 1` hinder the normal activities.of,wildlife?. Setting project site is-locatedAwithiiLthd�northem,Sacramenta Valley;in an area under agricultural cultivations-for,decades..:.. , The central portion of.the sitewhere dexelopinentwouldoccur,.is already occiipied,by residential and agricultural buildings:,iThesite does not contain quality.habitat for specialstatus.species,or s Impact Discussion: Special-Status Species Many.,species of plants and animals;within the State-of,California have low populations,,limited distributions, or both.. �. -Such species may be considered.,"rare7'and,are vulnerable.to extirpation as the''tate's Human population grows and-the habitats these species occupy are converted to agricultural and urban uses. A sizable number of native species and animals have been formally designated as threatened or endangered under State and Federal endangered species legislation. Others have been designated-as"Candidates":for.such�listing and the California Department of Fish and.Game (CDFG) have designated others as"Species of Special Concern". The California Native Plant Society(CNPS)has developed its own lists of native plants considered rare,threatened or endangered. Collectively,these plants and animals are referred to as "special status species." ,t Various direct and indirect impacts to biological resources may result from the small amount of development enabled by the project,including the loss and/or alteration of existing undeveloped open space that may-serve as habitat. Increased vehicle trips to and from the project site can result in wildlife mortality and disruption of movement patterns within and through the project vicinity. Disturbances such as predation by pets(e.g.,cats and dogs)and human residents may also occur at the human/open space interface,while conversion of land from lower to higher density residential use can lead to a predominance of various urban-adapted wildlife species(e.g.,coyotes,raccoons,ravens and blackbirds)that have been observed to displace more sensitive species. ; California Environmental Quality Act Guidelines Section 15065 requires a mandatory finding of significance for projects that have.the potential to substantially degrade or reduce the habitat of a threatened or endangered species, and to fully disclose and mitigate impacts to special status resources. For the purposes"""of this Initial Study, the California ' Environmental Quality'Act(Sections 21083 and 21087;Public Resources Code)defines mitigation as measure(s)that: • Avoids the impact altogether by not taking a certain action or parts of an action. • Minimizes impacts by limiting the degree or magnitude of the action and its implementation. • Rectifies the impact by repairing, or restoring the miPacted environment. • Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project. • Compensates for the impact by replacing or providing substitute resources or environments. The California Natural Diversity Database (CNDDB) was reviewed to determine if any special=status species have the potential to occur on the project site or in the vicinity. a) No Impact. The project site does not contain habitat that is known to support plant and invertebrates,considered as candidate, sensitive or special status species by the California Department of Fish and Wildlife and United States Fish and Wildlife Service. No species have been or were identified on-site. The central portion of the site has been ■Butte County Department of Development Services■ 0 Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 19 of 19 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM 13-0011 and LCA13-0004 developed with residential dwellings, agricultural buildings, and accessory structures. The additional development potential generated by the proposed project could lead,to various direct and indirect impacts to biological resources in,and around,the project site. However,due to the limited,amount of development potential enabled by the proposed project,and continued agricultural use of the property,the-potential increase in residential units would not significantly degrade or reduce the habitat values on the project site. b)&e)No Impact. The project site does contain any riparian habitat oroak trees subject to removal. Orchard trees . are located on the project site.. Future development on the resultant parcels may necessitate removal of some.trees. However, due to the limited development potential of the parcel and ongoing.agricultural.use of the site, orchard tree removal would be minimal or not at all. This project would not conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. No polices or ordinances have been adopted that restrict tree removal from impact this site. c) No Impact. No vernal pools,wetlands,or streams are found on the site. The site has been agriculturally cultivated for decades. d) No Impact. No major migratory routes have been designated through the project site. The site may facilitate home range and dispersal movement of resident wildlife species,but does not serve as a designated wildlife movement corridor. Subsequent development of the resultant parcels would not restrict regional wildlife movement or wildlife migration patterns primarily due to the low density of the parcels and minimal development potential. f) No Impact. The Butte Regional Conservation Plan(BRCP)is a joint Habitat Conservation Plan(HCP)/National Community Conservation Plan,(NCCP)that is currently being prepared for the western half of the Butte County,and is scheduled to be completed in 2015. The project site is located within the boundaries of the Butte Regional Conservation Plan(BRCP); therefore, the project was circulated to state and federal Fish and Wildlife agencies, the Butte County Association of Government,and the National Oceanic and Atmospheric Association. No.comment on the project was received from these agencies. The project is expected to have no impact on the future BRCP. g) No Impact. The site has been developed with a residential dwellings, agricultural buildings, and accessory structures. The additional development potential generated by the proposed project would lead to various direct and indirect impacts to biological resources in, and around, the project site. However, due to the limited amount of development potential enabled by the proposed project, the anticipated minor increase in residential units would not significantly degrade or reduce the habitat values on the project site. h) No Impact. The project site contains primarily orchard trees,which would remain after recordation of the TPM. The additional development potential generated by the proposed project would not lead to substantial direct or indirect impacts to biological resources in,and around,the project site. Tthe limited amount of development potential enabled by the proposed project, the anticipated minor increase in residential units would not significantly degrade or reduce the habitat values on the project site.. Ji) No Impact. The project site does not contain fish-bearing waterways. The potential development of additional j dwellings is not expected to result in a significant deterioration of existing fish or wildlife habitat or introduce barriers to movement of any resident or migratory fish or wildlife species because of its small scale. j) No Impact. Introduction of new lighting, fencing, noise, human presence and/or domestic animals can hinder the normal activities of wildlife living in and passing through the project site. Again, the potential addition of residential dwellings is not expected to significantly affect wildlife for the reasons noted above:the relative low density of the resulting project parcels. k) No Impact. This project could result in the development of up dition residential dwellings.that would introduce additional factors such as lighting,noise,human presen ' domestic animals. The project site,and the surrounding area,already includes these factors in a low-density.setting. The proposed project is consistent with the land use and density established for the project area,and the addition of new single-family dwellings is not anticipated to significantly hinder normal activities of wildlife. Outdoor lighting for safety and security could potentially be added to existing and future structures on the resultant parcels. However, the proposed rural density development would minimize ordinary nighttime lighting impacts to adjacent areas. Additionally,Article 14 of Butte County Code requires that all outdoor lighting in residential areas be located, adequately shielded, and directed such that no direct light falls outside the property perimeter, or into the public right-of-way. As a result, the proposed project would not create new sources of substantial lighting or glare that would generate a significant impact. ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 20 of 20 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File$TPM13-0011 and LCA13-0004 4.5 CULTURAL RESOURCES: Potentially Less ThanLess Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation, Document Incorporated:. a. Cause a substantial adverse change in the significance ,x of a historical resource as defined in§15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to§15064.5? c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d. Disturb any human remains,including those interred outside of formal cemeteries?: X Setting: Cultural resources in Butte County include archeological resources, historic resources, and cultural resources-related"to Native Americans. Over 2,900 archeological sites have been recorded in Butte County;about half of them are pre-historic archeological resources (e.g. habitation sites,-,hunting/processing camps, millings,stations,rock art-sites; and burial locations)and half of them are historic period sites(e.g. transportation corridors,and activities associated.with historic homesteading,ranching,agriculture,mining,and commerce. The overall historic sensitivity of Butte County is generally considered high in those areas.where historic records indicate transportation routes;agricultural settlements,and mining have occurred. According to the California Office of.Historic Preservation;a total of 129 archeological sites are listed or have been formally recommended as eligible for listing on the National Register of Historic Places,and therefore,by default on the California Register of Historic Resources. Of these,98 are prehistoric archeological sites,and six are archeological sites that contain both prehistoric and historic period components. Several hundred properties with historic resources are listed or appear eligible for listing in the National Register of Historic Places and California Register of Historic Resources. Additionally,the State of California has designated nine California Historic Landmarks and 20 California Points of Historic Interest in Butte County. Impact Discussion: a)—d) Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls,water ditches and flumes,and cemeteries;and architectural features. Cultural resources consist of any human-made site, object (i.e.,,artifact), or feature that defines and illuminates our past.. The project site does not contain any rock outcropping that could have be utilized for shelter.- The central portion of the project site is developed with various structures for agricultural and residential uses.The site has been cultivated for agricultural purposes for decades. It appears that the project site has little probability of remaining surface artifacts. However, grading and other soil disturbance activities on the project site in relation to future development of the site have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be on the project site,Mitigation Measure MW is recommended that requires.all construction activity halt and the county Planning Division and a professional archaeologist be consulted to evaluate any find(s)that may be uncovered during development activities. Mitigation Measure MM2: Place a note on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet that states: "Should grading activities,reveal the presence of prehistoric or historic cultural resources(i.e.artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human skeletal remains) work within 50 feet of the find shall immediately cease until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner((530)538-6579). Should the County Coroner determine that the remains are in an archaeological context,the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such remains." The provisions of this note shall be followed during ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 21 of 21 ■ r , Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and.LCA13-0004' construction of all subdivision improvements; including land clearing., road construction; utility installation; and building site development. t•. Plan Requirements: This note shall be.placed on a separate document which is to be recorded concurrently with the map or on an-additional map sheet and shall be,shown,on.all site development and building plans. Timing: This:measure shall be implemented during all site.preparation and construction activities. Monitoring: The.Department of Development•Services:and/or Public Works°Department shall ensure the,note is placed on a,separate:document whichis to be recorded"concurrently withthe.map or,on.an additional map sheet. Should cultural-resources-.:be.discovered,-the landowner, shall notify.the, Planning.Division and. a professional archaeologist. The Planning Division shall coordinate•with the developerand appropriate authorities to avoid damage to cultural resources and determine appropriate action. State law requires the reporting of any human remains. 4.6 GEOLOGIC PROCESSES: Potentially Less Than Less Than No Reviewed Would the proposal:. Significant.. Significant. ..Significant . Impact .. Under,.. _ Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects,including the risk of loss,injury,or death involving: 1. Rupture of a known earthquake fault,as X delineated on the most recent Mquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic-related ground failure,including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project, X and potentially result in on-or off-site landslide,lateral reading,subsidence,liquefaction or collapse? d. Be located on expansive soil,as defined in Table 18-1- B of the Uniform Building Code(1994),creating X substantial risks to life orproperty? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal X system where sewers are not available for the disposal or waste water? Setting: The Seismic and Geologic Hazards section of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site.is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault,located near Oroville,where activity on August 1, 1975 resulted in the Oroville earthquake. This earthquake had a Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. Geologic Hazards ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 22 of 22 ■ 1 Project Name:!Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM 13-0011 and LCA 13-0004 Expansive Soils �z•: Expansiv&•soiWpossess,a "shrink-'swell'7'°behavior.,.Shrink=swellris'the"cyclic change in;volume (expansionaand rt1 contraction) thattoccursin'fine=grained;clay;sediments:from,ahe,processtof:wetting,and drying. ..Structural`damage may,occur over-2 long period-of time,usuafl the result'of inadequate'soil.and foundation.engineering.-or the.placement'• structures.directly:on expansive<soils:;YThe:Health and Safety.Element of the Butte County General Tlanddentifies the pr6ject'site�as1aving•a"Low"and .Moderate'?potential of•expansive soils. Soil Erosion, EroSion?is the.,wearingaway of soil and•rock by;'processes'such`.as wind arid,precipitation-runoff•' SoiRscontaining-' t,;high amounts of:silfor,clay can be easily�erodible;,while,sandy soils are�less:susceptible:_'Excessive soil:erosion,can t� ;�, :o= << ,•.:;�:,eventually lead-wdamage•ofbuilding foun&ttions-."d roadways i Typically-,,soil erosion-potential,is:reduced'once=the =,•E�,'• soil-is�graded and covered withigravel,concrete-structures ,asphalt!!or:a vegetative-cover.- The,Health and-Safety; Elementof the Butte.County:General;Plan;ideritifies the.project site,as having a"High"and;"Moderate";potential for soil erosion. Landslides ,-A•landslide is the_sliding of-a,mass of loosened>rock and/or.soil-down a hillside or,slope. Some of the natural.causes of this instability..are earthquakes;weak,soils;.erosion;:heavy;rainfall and fire. Human activities such as.poor grading that-undercuts,steep;slopes or overloads,them f will fill;.*excessive.irrigation and removal.of-vegetation can.also contribute,to landslides. Most landslides in-Butte County.occur on slopes greater than 15 percent, and most new landslides.occurdn areas that have experience previous landslides. The areas of highest landslide,potentia1are in the t mountainous central area of the county where well-developed soils overlay impervious bedrock on steep slopes. The remaining areas.of Butte County has moderate to,low landslide potential. The"areas of lowest landslide potential are the flat lands of the Sacramento Valley. The Health and Safety Element of the Butte•County•General Plan identifies the project site as having low to no landslide potential. The site is identified as a potential subsidence area and in an areas of high ground water removal,presumably due to irrigation for agricuoltural and residential purposes.. i Seismic Hazards Surface Fault Rupture Seismically induced ground rupture is defined as the physical displacement of surface deposits in response to a- movement on the fault place. The magnitude,sense,and nature of fault rupture can vary for different faults or event along different strands of the same fault: Ground rupture is considered more likely along active faults. The Cleveland Hills fault is the only fault located..within Butte County that has been identified as an active fault pursuant to the Alquist-Priolo'Earthquake Fault Zones Act. This fault was responsible for the 1975 Oroville.earthquake,which had a Richter magnitude of 5.7 and;produced surface displacement along approximately 2.2 miles of the fault. Other active and'potentially active faults are located in the region. However, because there are no known active faults underlying or adjacent to the project site,the likelihood of surface fault rupture is very low and would not be a design consideration. Ground Shaking Ground shaking at the project site could occur due to earthquakes on the regions active faults. However, ground motions attenuate with distance from the causative fault,as well as the local geologic and soil conditions. The Seismic Hazards Mapping Program of the California Geological Survey categorizes all of Butte County as a"seismic hazard zone" since the entire County is subject to earthquakes of Modified Mercalli Intensity scale VIII. The Oroville earthquake of 1975 is the only earthquake of this intensity recorded in Butte County. This earthquake resulted in structural damage, partial destruction of some buildings, fires and numerous injuries. Though, it is accepted that earthquakes of magnitude 6.0 or 6.5 are possible anywhere in Butte County, the county is generally considered to be an area of low seismic activity. ■Butte'County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 23 of 23 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM 13-0011 and L.CA13-0004 Liquefaction Liquefaction is a phenomenon whereby unconsolidated and/or near saturated soils lose cohesion and are converted to a fluid state as a result of sever vibratory motion. The relatively rapid loss of soil shear strength during strong earthquake shaking results in the temporary fluid-like behavior of the soil. Soil liquefaction causes ground failure that t can damage roads,pipelines,.underground cables,and building with shallow foundations. Liquefaction can occur in areas characterized by water-saturated, cohesionless, granular.materials at depths less than 50 feet. Due to-the relatively low potential for strong ground motions and a general lack of significant deposits of saturated loose soils, such as alluvium, the liquefaction potential, if any, can be addressed in the design of future structures during the building permit review process. Seiches A seiche is a periodic oscillation of a body of water such as a reservoir, river, lake, harbor, or bay resulting from seismic shaking or other causes such as landslides into a body of water. The period of the oscillation varies depending on the side of the body of water and may be several minutes to several hours. Depending on the magnitude of the oscillations, Seiches can cause considerable damage to dams, levees and shoreline facilities. Seiches have not been recorded in any of the reservoirs in Butte County that are within the jurisdiction of the California Division of Dam Safety. .However, the potential for seiches does exist in Butte County, either. from landslides or from stronger earthquakes that have been experienced in historical times. Impact Discussion: al) No Impact. The site is not within an Alquist-Priolo Earthquake fault zone and is not within an aftershock epicenter region (Butte County GIS Epicenter Regions theme). As mentioned above, the only known active fault in Butte County is the Cleveland Hill fault zone,located to the many miles south of the project site,where activity on August 1, 1975, resulted in the Oroville earthquake. This earthquake had a Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. a2) Less Than Significant Impact. Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings and other improvements would be designed and installed in accordance with Building Code requirements. As the project appears to be located such that the probability of significant ground shaking is low, and because the project does not propose the addition of significant structures that would be at risk to seismic activity, potential geologic impacts would be less than significant. Furthermore, any structures that are built during the course of the project would be designed and installed in accordance with Building Code standards for the appropriate Seismic Hazard Zone. a3) Less Than Significant Impact. Liquefaction is a phenomenon where loose, saturated,granular soils lose their inherent shear strength due to excess water pressure that builds up during repeated movement from seismic activity. Factors that contribute to the potential for liquefaction include a low relative density of granular materials,a shallow groundwater table, and a long duration and high acceleration of seismic shaking. Liquefaction usually results in horizontal and vertical movements from lateral spreading of liquefied materials and post-earthquake settlement of liquefied materials. Liquefaction potential is greatest where the groundwater level is shallow, and submerged loose, fine sands occur within a depth of approximately 50 feet or less. The Butte County Health and Safety Element's Liquefaction Potential Map indicates that the site has a generally moderate potential for liquefaction. a4) Less Than Significant Impact. The Subsidence and Landslide Potential Map of the Health and Safety Element of the Butte County General Plan(Figure HS-4 of the General Plan) indicates that there is a low to no potential for landslides in this area. The potential for landslides on the project site is considered remote due to the lack of slope on the project site and on the surrounding parcels. b) No Impact. There is slight potential for soil erosion on the project site according to Figure HS-5,Erosion Potential Map of the Health and Safety Element of the County General Plan. The site is generally level, also reducing the likelihood of erosion. c) Less than Significant Impact. The project is not located on an unstable geologic unit or soil and will not cause instability that would result in on-or off-site landslide,lateral spreading,subsidence,liquefaction or collapse. Landslide potential on the site is low to none.Liquefaction potential is generally moderate. The area is a potential subsidence ■Butte County Department of Development Services ■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 24 of 24 ■ Proj&t Name: Stephens=Edmonds Ranch.Tentative Parcel.Map,File#TPM13-0011 and LCA13-0004 urea and an area of high groundwater^;Given the minimal construction permitted in this zone;and adherence to existing building codes,'•any construction will',take'.place�consistent.with existing building code requirements. t d)-:Less ThainSignifieant�Impact:'ti;Figure.HS-3 of the GeneraLPlan Healthand•SafetyElement indicates that the majority'of project site has a higli'expansive soil potential;the central,portion of the site lie`s a moderate expansion potential:• The;Butte..County:Building?Division'may require soil-tests:prior to.issuance c of a building permit to determine.if the"".soils onahe.siteihave ail,expansivepotential?;:.Given..the''flatiless,of.the:prcject site,.the miriimal construction permitted.in this zone;:andadhei•ence.to existing building.codes.will.ensure impacts from the project will be less than significant:.. e)°Less Than SigaificatiomImpact. The.project proposes to use individual septic systems for wastewater.disposal.-The -%applicant completed a'pre-application review.with Butte CoiirityiDepartment of.Environmental Health it was determined the use of individual septic systems would-not have a signification impact.. Mitigation Measure: None required 4.7r GREENHOUSE GAS EMISSIONS;: Less Than. Reviewed Would the-proposal:. Potentially Significant Less Than Under Significant• with Significant: Previous •Impact Mitigation Impact No Document Incorporated Impact. a. Generate greenhouse gas emissions,either directly or indirectly,that may have a significant impact on the X environment? b. Conflict with an applicable plan,policy or regulation adopted for the purpose of reducing the emissions of X greenhouse gases? Setting - • The earth's atmosphere naturally contains a number of gases,including(but not limited to)carbon dioxide(CO2),methane (CH4), and.nitrous oxide.(N20), which are'collectively referred to as greenhouse gases (GHGs). GHG emissions are generally numerically depicted(when applicable)as carbondioxide equivalents(CO2e). CO2e represents CO2 plus the additional warming potential from CH4 and N20. The common unit of measurement for carbon dioxide equivalents is in metric tons(MTCO2e). These gases trap some amount of solar radiation and the earth's own radiation,preventing it from passing through earth's atmosphere and into space. GHG are vital to life on earth;without them,earth would be an icy planet. For example,CO2 is an element that is essential to the cycle of life. In general,CH4 and N20 have 2.1 and 310 times the warming potential Of CO2,respectively. Human-made emissions of GHG occur through the combustion of fuels,as well as a variety of other sources. Increasing GHG concentrations are believed to be warming the planet. As the average temperature of the earth increase, weather may be affected, including changes in precipitation patterns, accumulation of snow pack, and intensity and duration of spring snowmelt. Climate zones may change,affecting the ecology and biological resources of a region. There may also be changes in fire hazards due to the changes in precipitation and climate zones. While scientists have established a connection between increasing GHG concentrations and increasing average temperatures,important scientific questions remain about how much warming would occur,how fast it would occur,and how the warming would affect the rest of the climate system. At this point, scientific efforts are unable to quantify the degree to which human activity impacts climate change. The phenomenon is worldwide,yet it is expected that there would be substantial regional and local variability in climate changes. It is not possible with today's science to determine the effects of global climate change in a specific locale, or whether the effect of one aspect of climate change may be counteracted by another aspect of climate change,or exacerbated by it. ■Butte County Department of Development Services■ ■Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 25 of 25 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 A 2006 baseline GHG emission inventory was.prepared for unincorporated Butte County. The inventory identified the sources and the amount of GHG emissions produced in-the county. Witliin Butte.County,the leading contributors of GHG emissions are agriculture(43%),transportation(291/6),and residential energy(171/6). A Climate Action Plan(CAP)was adopted by Butte County-on-February 25,2014. The CAP provides a framework for: the County to reduce GHG emissions while simplifyingthe review process for new development. Measures and actions identified in the CAP lay the groundwork to achieve the adopted General Plan goals related to-climate change,including reducing GHG emissions to 1990.1evels by 2020. In.an-effort to implement the measures of.the CAP, a.,development. checklist was created to evaluate a new projects consistency with the CAP,and to identify which GHG emission reduction measures would be implemented with project approval. Impact Discussion: Section 15064.4 of the CEQA Guidelines sets forth guidance for determining the significance of Impacts from Greenhouse Gas Emissions.The guidelines allow impacts from a particular project to be described quantitatively or qualitatively and direct that impacts should be evaluated in consideration of existing environmental setting, applicable thresholds.of significance,and compliance with regulations and requirements adopted to implement the mitigation of greenhouse gas emissions. Section 15064(h)(3)of the CEQA Guidelines specifies that a project's contribution to a cumulative effect may be found `not cumulatively considerable' if the project will comply with the requirements-in a previously approved plan or mitigation program, including plans or regulations for the reduction of greenhouse gas emissions. Butte County has adopted a Climate action Plan(CAP)for the reduction of greenhouse gases. The CAP provides measures that achieve a 15%reduction below 2006 emissions levels by 2020. Since the project does not require General Plan or Specific Plan amendments, GHG emissions from the project may be consistent with the CAP by demonstrating consistency with the CAP policies in the CAP checklist,attached as an appendix to this study. a)&b) Less Than Significant Impact. The TPM could facilitate the construction of three residential units and associated accessory structures. Mitigation Measure MMI from Section 4.2 Air Quality(above)incorporates standard air quality mitigation measures, consistent with recommendations of the BCAQMD. Additional air quality analysis is recommended when projects approach Level B action levels,or 97 dwelling units,which has the potential to generate 25 lbs.per day of Reactive Organic Gases. Based on a negligible contribution to overall emissions and consistency with adopted air quality regulations for vehicle emissions,this project will have a less than significant impact on greenhouse gas emissions. Mitigation Measure: None required 4 8 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use,or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within one- X quarter mile of an existing or proposed schools? ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 26 of 26 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated d. Be located on a site which is included on a listof hazardous materials sites complied pursuant to: Government Code Section 65962.5.and,as a result;• X would it create a significant.hazard to the public-or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use,airport,would the X project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuationplan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires,including. X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Setting: Hazardous Materials Under Government Code Section 65962.5,the California Department of Toxic Substances Control(DTSC) maintains a list of hazardous substance sites. This list, referred to as the"Cortese list", includes CALSITE hazardous materials sites, sites with leaking underground storage tanks, and landfills with evidence of groundwater contamination. A search of state and federal agency databases for hazardous materials sites within one-mile of the project site was performed and the project site was not within one mile of identified clean-up sites (envirostor.com) Airports Air transportation in Butte County is provided by a number of private and public airfields and heliports serving general aviation and agricultural users. There are four major aviation facilities in Butte County that serve the general public. Wildland Fire Conditions The combination of highly flammable fuel, long dry summers and steep slopes creates a natural hazard of wildland fires in many areas of Butte County. Wildland fires can result in death, injury, economic losses, and a large public investment in firefighting efforts. Woodland and other natural vegetation can also be destroyed during wildfires, resulting in the loss of timber, wildlife habitat, scenic quality, and recreation. Areas in the county that are particularly susceptible to wildland fires largely contain dense vegetation and steep slopes, which aide in the spread of fire. These areas have been designated as Fire Hazard Severity ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 27 of 27 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 Zones by the State Department of Forestry and Fire Protection(Cal-Fire),and generally include the:foothill and mountainous regions of Butte County. Fire protection services for unincorporated.Butte County are generally provided by.the Butte County Fire Department(BCFD)and the California Department of Forestry andFire Protection(CalFire),with CalFire, having fiscal responsibility for preventing and suppressing wildfires..Due to the heightened risk of wildfires and the increased potential for damage or loss in certain areas of the.county, CalFire has designated these - areas as State Responsibility Areas (SRA). Development.within SRAs must comply with special building• requirements, and are also regulated by Public Resources Code 4290.and 4291, which establish, requirements for maintenance of defensible space and vegetation management. According to the Health and Safety Element of the Butte County General Plan,the project site is not located in a Fire Hazard Severity Zone The project site is also not located in the SRA area. Impact Discussion: a) Less Than Significant Impact. Future construction activities.associated,with the development of the proposed project could involve the use of potentially hazardous materials, including paints, cleaning materials, vehicle fuels, oils, and transmission fluids. However, all potentially hazardous materials would be contained, stored, and used in accordance with manufacturers' instructions and handled in compliance with applicable standards and regulations. It is not anticipated that large quantities of hazardous materials would be permanently stored or used within the project site. However, if large quantities are stored at the project site,the owner would be required to obtain a Hazardous Materials Business Plan. It is more likely that only small quantities of publicly-available hazardous materials(e.g.,paint,maintenance supplies)may be routinely used within the project site for residential maintenance and cleaning. However,these materials would not be used in sufficient strength or quantity to create a substantial risk of fire or explosion, or otherwise pose a substantial risk to human or environmental health. b) Less Than Significant Impact. Implementation of the proposed project would result in the development of up to three additional primary and four secondary dwelling units. It is not anticipated that large quantities of hazardous materials would be permanently stored or used within the project site. Similarly,the project would not emit hazardous emissions or handle hazardous materials. Small quantities of publicly-available hazardous materials(e.g.,paint,maintenance supplies)would be routinely used within the project site for residential maintenance and cleaning. However, these materials would not be used in sufficient strength or quantity to create a substantial risk of fire or explosion,or otherwise pose a substantial risk to human or environmental health. Therefore,implementation of the proposed project would not create a permanent significant hazard to the public or environment through the routine transport,use, or disposal of hazardous materials. c) No Impact. No existing or proposed elementary schools have been identified within one-quarter mile of the project site. The project will pay applicable school fees. d) No Impact. A review of regulatory agency databases,which included lists of hazardous materials sites compiled pursuant to California Government Code Section 65962.5,did not identify any sites at or adjacent to the project site that have used, stored,disposed of,or released hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials. e) No Impact. No public use airports have been identified to be located within two miles of the project site. The closest public use airport is Chico Municipal Airport,which is located 3.5 to the northeast. The proposed project is located outside the compatibility zones for the area airports,and therefore, would not result in noise impacts to people residing on the project site. ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 28 of 28 ■ t. Project Name: Stephens-Edmonds Ranch Tentative-Parcel Map,File#TPM B-0011,and LCA13-0004 0,,No'Impact:;No known:private:airstrips,have•been identified within two miles•of the,project site. Asa result;-no safety:hazards�associated.#with.airport'operations are anticipated'ao affect people working or residing within the,project Site,, P P P P J Y' P Y Y Y ;:g) ,NaGIm ,act:. The ro osed;; ro'ect�,does mot, actions that h sicall `.:interfere with an Y 4 emergencyiresponselor• emergencyievacuation:plans.• Development.of:the.resultant,parcels would,add.a -small m,ount:oftrips�onto;the:area.roadways;Mhowever area roadways and intersections would continue to : ., operate at an acceptable level of service.. h)'No.Impacta•The project;site,is.not.•lodaiedlinlaTi a Hazard Severity Zone and is•.served�by.Butte.County ,.FireiDepartment:°!As•a.result;%subsequent•development,on.the resultant,parcels.would;.inot,expose structures. 6r:residents`on.the projectcsite tota si&ificant.wildland'fire risk: The`;nearest,'Butte-.Count./CDF1staffed : '.fire station is:Station,*41 (Nord);'-located at-.,.,I 3871,Highway 99; approximately-2:5 miles to;the•northeast of the site. The,Butte:County.,Fire.,Department-reviewed,the project,and did not identify any;conflicts,with State and, County Fire Safe regulations. Mitigation Measure: None required. .. , r+��-'^ �"'« :_, 3 'X =rix � *'^� .€s^^t` �-m�crr�s�•�'2°°� 4.9 ;s < HYDROLOGY�AND WATER QUALITY:" , Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact. Under Impact with Impact Previous Mitigation Document Incorporated a. 'Violate any water quality standards or waste discharge X requirements. b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production X rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course X of a stream or river,in a manner which.would result in substantial erosion or siltation on-or off-site? d. Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river,or substantially increase the rate or X amount of surface runoff in a manner which would result in flooding on-or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade waterquality? X g. Place housing within a 100-year flood hazard area as mapped by Federal Flood Hazard Boundary,Flood X Insurance Rate Map,or other flood hazard delineation map? ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 29 of 29 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-00,11"and-LCA13-0004 Potentially. Less Than- Less;Than No Reviewed. Would the proposal: significant Significant Significant Impact Under. ' Impact with Impact Previous Mitigation Document Incorporated h. Place within a 100-year flood hazard area structures' which would impede or redirect flood flows? X' i. Expose people or structures to a significant risk.or loss, . injury,or death involving flooding,including flooding as- X. a result of the failure of a levee or dam? j. Inundation by seiche,tsunami,or mudflow? X Setting "Flooding"concerns are located throughout Butte County,and can relate to one or more of the following conditions Floodplains Butte County has historically been subject to flooding from various rivers and creeks,particularly from the The County has completed an assessment of flooding hazards as part of-the Butte County Flood Mitigation Plan. The following are the principal flood hazard areas in the County: Butte Creek,.Little.Chico Creek,Little,Chico Creek Diversion,Med Creek, Ruddy Creek and Ruddy Creektributary,Sycamore Creek,Wyman Ravine.and tributaries,Comanche Creek,Rock Creek, Keefer Slough,and Dry Creek—Cherokee Canal. Nationally,the Federal Emergency Management.Agency_(FEMA)provides guidance for floodplain management.FEMA manages the National Flood Insurance Program(NFTP),which provides insurance to communities that participate in the program,and works with State and local agencies to adopt floodplain management policies and flood mitigation measures. Federal flood insurance is required for any structure within a Special Flood Hazard Zone(Zone A,AE,AO and AH),for any property that has a federally insured loan. As of March 2010,more detailed information on FEMA flood zones,(naps and regulations may be found at http://msc.fema.gov/and through the Butte County Department of Public Works. Butte County regulations concerning development in flood plains are contained in Article IV of Chapter 26 of the Butte County Code. A key element of the NFIP is the identification of floodplain boundaries,which are depicted on FEMA Flood Insurance Rate Maps(FIRM)and shown in General Plan Figure HS-1. The concept of the 100-year flood(also termed the"base flood')is a central component in FIRM mapping.The 100-year flood represents a flood event that is likely to occur once every 100 years,or,stated differently,that has a 1 percent chance of occurring in any given year.FEMA mapping of flood hazards for all of Butte County has been completed with the most accurate and up-to-date information derived from the January 6,2011 FIRM mapping. In addition,the California Department of Water Resources is currently developing 200-year floodplain maps that apply only to urban and urbanizing areas,also known as best available maps. A 200-year flood is flooding that has a 1-in-200 chance of occurring in any given year. Government Code Section 65007 defines an"urban area"as a developed area in which there are 10,000 residents or more. An"urbanizing area"means a developed area or an area outside a developed area that is planned or anticipated to have 10,000 residents or more within the next 10 years. Agencies and programs providing information about flood hazards in Butte County include United States Army Corps of Engineers(USACE).As of March 2010,USACE provides information about flood hazards in the Sacramento and San Joaquin River basins on the following website: www.spk.usace.army.mil/projects/civil/compstudy/. DWR Floodplain Evaluation and Delineation.DWR currently provides maps and studies about floodplain on the following website: htti):/!ti NvNN,,.water.ca.gov/f.loodtr!gtritili-ifiiio/fitlb/fes:'. DWR Designated Floodway Maps.DWR provides designated floodway maps for the Sacramento and Feather Rivers.DWR does not use the FEMA definition of a floodway,and instead uses the following definition: "The channel of a stream and that portion of the adjoining floodplain required to reasonably provide for the construction of a project for passage of the design flood including the lands necessary for construction of project levees that are regulated by the Central Valley Flood Protection Board." The Sacramento and Feather River Designated Floodway Maps are currently available at the following websites: ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 30 of 30 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 r ftp://ftp.water.ca.gov/fpm/designated_floodwayButte%20County/Sacramento%20River/ and ftp://ftp.water.ca.gov/fpni/designated-floodwayButte%20C6unty/Feadier%20River/. DWR Awareness Floodplain Mapping Program.This program identifies`flood hazard areas that are not mapped 4 `by.•FEMA's NFIP maps..Awareness.FloodplaintMaps•for-Butte_CountyLa're currently-available on the following. '-website:http://www.water.ca.gov/floodmgingh-Afro/fiiib/fes/awareness_flo6dplain;mapslbutte/.. DWR Levee Protection Zones.DWR has mapped inundation areas for levees that are part of State and federal water projects7in the Central Valley:DWR's:Levee Protection'Zones'for.ButteiCouiity arecurrently provided on`the .fouowing-t•website:.••http://www.Water.ca.gov/fl6odmgrnYhafmo/fmb/docs/Sacram&ntoRiver-LFPZ•Mab.pdfI ' In addition,DWR is currently mapping-areas subject to inundation in the event of failure of levees.or floodwalls that are not part of State or federal water.projects. Levee Safety Butte.County has a number of levees constructed by both private individuals and government agencies:Many.of these are aging and may need repair and maintenance in order.to.adequately control flood flows.Recently,FEMA adopted' f new criteria for determining whether an area is protected by a,levee from the•100-year.floo&These criteria take into account.whether a particular segment of levee has been certified to meet the'criteria to withstand the•100-year flood event.,Because of these new;criteria;-,a number of levees-in Butte County,have been.,deemed,to be uncertified by FEMA when they developed the 2011 FIRM's...This change in criteriazled to significant areas of the,county;being designated as being in some form of flood zone that were not before the changer Key levee systems in the county are along many creeks,-sloughs and tributaries. An evaluation of these levees found that they do not provide protection from 100-year flood events.The levees on the following creeks were not designed or constructed to provide the FEMA 100-year level of protection: Butte Creek downstream of the Skyway;Hamlin Slough,Little Chico Creek downstream of the Butte Creek Diversion Channel,Comanche Creek and Cherokee Canal. During intense storms,water could flow over the top of these levees and break out of the channel,usually not returning to the main channel for several thousand feet downstream,if at all.Therefore,the areas on the landside of these levees are shown on the 1998 and 2000 FIRMS as being subject to inundation in the base flood,or flood that has a 1-percent chance of occurring in any year. Floodplain Development Regulations Regulation of development in known flood-prone areas, based on FEMA mapping and other information, is a key tool in reducing flooding risks to life and property.Butte County has a number of programs in place and works closely with various State and federal agencies and local watershed groups as part of its overall flood management strategy. The key development regulations in known flood-prone areas are as follows: Central Valley Flood Protection Plan. According to California Government Code Sections 65302.9 and 65860.1, everyjurisdiction located within the Sacramento-San Joaquin Valley is required to update its General Plan and Zoning Ordinance in a manner consistent with the Central Valley Flood Protection Plan(CVFPP)within 24 months after the CVFPP's adoption on June 29, 2012. In addition, the locations of the State hand local flood management facilities., locations of flood hazard zones and the properties located in these areas must be mapped and consistent with the CVFPP. o SB 5, SB 17 and AB 162. According to legislation as part of SB 5 (Machado and Walk), SB 17(Florez)and AB 162(Wolk),urban and urbanizing areas in the Sacramento Valley and San Joaquin Valley is required to achieve,or make adequate progress toward achieving,200-year protection by the year 2015 to continue to approve development in the floodplain. Specifically, AB 162 requires that each local jurisdiction's Safety Element include 200-year floodplain maps.Maps must be based on the best available data on flood protection,including areas protected by State and federal project levees,and areas outside of these areas. ❑Permit Approval.Government Code Sections 65865.5,65962 and 66474.5 require certain findings to be made prior to granting approval or issuance of any permits within an identified flood hazard area. Specifically,the County must find that a flood management facility protects the property to an urban level according to FEMA standards or that progress has been made towards constructing a flood protection system that will provide an urban level of flood protection. The County must also require conditions of approval that will protect the property to an urban level of flood protection according to FEMA standards. ■Butte County Department of Development Services■ ■Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 31 of 31 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map;File#TPM13-0011 and LCA13-0004 1• . i. Flood Hazard Prevention Ordinance:,This.CountKOrdinance requires the Department of Development Services to review all applications for new construction,or,subdivisions within flood hazard,areas;and•nequires that-the lowest: floor of any new construction or,substantial improvement within Flood Zones& AE,AH and AO be elevated'one . foot or more above the regulatory flood.elevation:•Also;applicants must show that development within the floodplain will,not raise the existing flood,level in a mamier.that adversely affects anyneighboring property. ❑Flooding Mitigation Action Plan.,This Plan is part of the Butte County.Multi-Jurisdictional-All-Hazard Pre-Disaster, Mitigation Plan (MHIVIP),,which is,described fintherwin•Section,VI'•of this Element:.Tlie Action Plan.contains;a. description of flood hazards;a risk assessment;plans and programs to address the hazards;and mitigation goals,and.' strategies for each jurisdiction in Butte County. a On-Site Flood Control Measures:The County's measures include,for example;retention or detention of peak-runoff,• .• ,• r clustering buildings and constructing narrower paved streets:On-site flood control measures are intended to decrease the amount and rate of stormwater runoff that could contribute to flood flows.- Inundation Zone Dam failure:is generally a result of structural uistabihty caused by unproper design or cocdn, instaty resulting,_ r from seismic shaking;or overtopping and�erosion,of the dam ;Larger-dams that are high6,than 25 feet or with storage; capacities t over 50 acre-feet;of•water are,regulated:by the;'California.Dam Safety Act;.which is implemented by the California:Departmeni,of Water Regources;,Dryisroti_of Safety of Dams(DSD) Tl e pro�ect_site is not located in an area _ .... ..._.u_ .__-_-__ identified as an inundation zone byjhe D SD 4 Impact Discussion: a) Less Than Significant Impact. Wastewater disposal for the proposed project,including the existing dwelling and future development, would be provided by private, on-site septic systems. The Butte County Environmental Health Division has performed a preliminary review of the proposed project, and has indicated that future placement of an on-site septic system for the proposed parcel would be possible. At the time of development,proposed development would be evaluated,and compliance with wastewater disposal standards would be insured. Potential water pollutants may be generated during construction activities associated with build-out of the resultant parcels, which may include sediment and petroleum based fuels and lubricants. Construction activities have the potential to temporarily increase the sediment load of stormwater runoff from construction areas(i.e.,disturbing soil at work area,the staging area,access road,etc.). Excess sediment in surface drainage pathways can alter and degrade the aquatic habitat in nearby surface water channels. In addition,if construction equipment or workers inadvertently release pollutants such as hydraulic fluid or petroleum to the surface water, these materials could be entrained by stormwater and discharged into surface water features causing water quality degradation. As discussed in Section 4.6—Geologic Processes, the physical characteristics of the soil at the project site indicate that susceptibility to erosion is slight to moderate. During construction-related activities, specific erosion control and surface water protection methods for each construction activity would be implemented on the project site. The type and number of measures implemented would be based upon location-specific attributes(i.e.,slope,soil type,weather conditions). These control and protection measures, or BMPs, are standard in the construction industry and are commonly used to minimize soil erosion and water quality degradation. Additionally, future construction activities may be subject to the National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disturbed. Construction activities that result in a land disturbance of less than one acre,but which are part of a larger common plan of development,also require a permit. This program requires implementation of erosion control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. Project operations that are under a NPDES permit would also be subject to State Water Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan(SWPPP)to control pollution in stormwater runoff from the project site. ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 32 of 32 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#-TPM 13=0011 and.LCA 13-0004- b)-r�,,Less,Than Significant°Impact: Domestic.,water,servicesAo future.residences on the resultant parcels would be aprovided.by DeLOro;Water=Company°•T &applicantprovided,a water;hook=up,letter froniDel OroiWater Company confirming four water.hook'ups., ;: >at>..:t . The.proposed project lias,the potential to".result`iri a-net increase-An,impervious surfaces;ori the project site from-the .+; development.ofinew:�residences . •Future+:residentialfstructures.,would: Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM 13-0011 and LCA13-0004 Potentially Less Than LessThan No Reviewed . Would the proposal: Significant Significant- Significant Impact Under Impact with Impact Previous. Mitigation: Document Incorporated•. b. Conflict with an applicable land use plan;policy,or regulations of an agency withjurisdiction over the project(including,but not limited to,the general X plan,specific plan,local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? -c. Conflict with any applicable habitat conservation plan or natural community conservation plan? X Setting: Butte County General Plan The General Plan represents the basic community values,ideals and aspirations with respect to land use,development, transportation, public services, and conservation policy that.will govern Butte County through 2030. The land use . element of the general plan designates the land use of areas within the county, and includes a description of the characteristics and intensity of each land use category. The land use designation for the project site isAgriculture. Agriculture Land Use Designation This designation allows the cultivation,harvest,storage,processing,sale,and distribution of all plant crops,especially. annual food crops,as well as roadside stands for the sale of agricultural products grown or processed on the property. The agriculture designation also allows livestock grazing,animal husbandry, intense animal uses,and animal matter processing. Alternative energy facilities are allowed in the Agriculture designation, subject to permit requirements. Residential uses in the Agriculture land use designation are limited to one single-family dwelling and a second dwelling unit per legal parcel. Farm labor housing is also permitted. The minimum parcel size is between 20 to 320 acres,although existing parcels smaller than the minimum may remain as legal parcels. Butte County Zoning Ordinance The Zoning Ordinance implements the goals and policies of the Butte County General Plan by regulating the uses of the land and structures within the County. The zoning designations of the project site and their intended use are as follows: Agriculture(AG) The purpose of the AG zone is to support,protect,and maintain a viable,long-term agricultural sector in Butte County. Standard for the AG zone maintain the vitality of the agricultural sector by retaining parcels sizes necessary to sustain viable agricultural operations, protection agricultural practices and activities by minimizing land-use conflicts, and protection agricultural resources by regulating land uses and development intensities in agricultural areas. Permitted uses include crop cultivation, animal grazing, stock ponds, and agricultural processing. More intensive agricultural activities, such as animal processing,dairies,hog farms, stables,forestry and logging,and mining and oil extraction, are permitt4ed with the approval of a Conditional Use Permit. One single-family home and one second unit is permitted on each legally-established parcel within the AG zone, and residential uses for agricultural employees are permitted as an accessory use within the AG zone. The minimum permitted parcel size in the AG-80 zone is 80 acres. Impact Discussion: TPM 13-0011 would divide the 318.9 acre subject parcel into four lots of 79.72 acres each in the AG-80 zone. As proposed,an existing guest house/shop,barn and stables will be located on proposed parcel 2. An existing home and solar arrays will be located on proposed parcel 4. Second units are precluded by Williamson Act contract,but the TPM could facilitate the construction of two primary units on lots 1 and 4. All residential structures would be located within the"Designated Residential Building Cluster"established by map note in the central portion of the parent parcel. Sewage disposal for future the existing and future ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 34 of 34 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM-13-0011 and LCA13-0004 dwellings on:-the site,would,be provided by individual, on-site septic systems. Domestic.water would be obtained from domestic wells: -3 a). No Impact.:4The project:site is located in an.agricultural area of Butte County that also includes rural residential •uses.and,undeveloped'parcels:,d. AS:a•,result;.the•proposed project.will-not•physically divide,an established community.. i b)" Less Than Signtticant;wtth 1VItttgation The,TPM:pioposes to d vlde 318:9 acres lrito four parcels,-7-97 cres i; ; ;.each;short of;tlie muuiuum 80=acre parcel s1ze m the_AG 80 `zone The Countyis currently processing a zoning r code amendment to sectfonk24 Y*}' ;ofiBlitteCouitysCode that would' (, r. ': The current proposal is;not consistent-with-current zoning provisions;the TPM should not be:approved until:such -time as it is consistentmith adopted,Butte'County code:t_Therefore;-mitigation-measure#_ requires the map to be consistent with: e•minimum,parcel-size allowed•in the AG-80 zone,prior to approval of the,TPM.,With this mitigation measures,land use impacts will be less than significant. -;0:.:No Impact..The project parcelcis located outside the boundaries of the Butte Regional Conservation Plan(BRCP). {. tMitigation Measure MM#3:I•Pnor:to approval of.the.tentative parcel map, confirm that proposed-parcel sizes-are consistent with the minimum parcel size allowed in the AG-80 zone. Plan'Requirements:*Either.thelzoning ordinance shall be,amendedto allow slightly:less than the 80 acre minimum s parcel sizes in the AG-80 zone;.or.the proposed-TPM must be amended to provide for 80-acre minimum-parcel sizes consistent with current zoning regulations. Timing: Prior to approval of the TPM { Monitoring: Department of DeIvelopirent Services will not take the map to hearing for approval,until the zoning ordinance is amended,or the TPM revised,to show the map consistent with currently Butte County Code. I 4.11 MINERAL RESOURCES: Potentially Less Than Less Than No Reviewed .Would the.proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local X general plan,specific plan,or other land use plan? Setting Mining activities in Butte County focus on sand and gravel,though other mineral resources have been extracted in the County. The majority of the County's sand and gravel deposits occur along the Sacramento.River and within a band running from north to south down the center of the County. Gravel mining is most active along the central "gravel belt"the transitional region where sediments washed down from the Sierra Nevadas into the slower moving rivers of the flat valley. Today,these deposits are mined for gravel and sand to be used in combination with Portland cement or asphalt compounds in construction and road building,and for silica.The County's designated mineral resource zones are identified by General Plan EIR Figure 4.6-5. Impact Discussion: ■Butte County Department of Development Services ■ ■Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 35 of 35 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 a) No Impact. There are no known economically viable,sources of rock materials in the.immediate vicinity.of the. project site. No mining.operations have occurred'on the project site or surrounding area,and the project would not,: preclude future extraction of available mineral resources..Mineral resource extraction is not proposed with this project. b) No Impact. The project site is not located in an area currently used for,or known to have;locally-important mineral resources. Mitigation Measure: None required. 412 NOISE Potentially Less Than Less Than No Reviewed Would the proposal:, Significant Significant• Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan X or noise ordinance,or applicable standards of other agencies? b. Exposure of persons to or generation of excessive X ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing X without theproject? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without theproject? e. For a project located within an airport land use plan. or,where such a plan has not been adopted,within two miles of a public airport or public use airport, X would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working X in the project area to excessive noise levels? Setting: The project site is located in an area characterized by orchards and rural residences,where low noise levels can be expected with the exception of agricultural practices. The nearest significant noise generator is Nord Avenue, which is located approximately 1,900 feet south of the proposed Designated Residential Building Cluster identified by map note 14.. No additional development is proposed that would generate noise environment. The Butte County General Plan Health and Safety Element provides policy in determining acceptable noise levels. Health and Safety Element Table HS-2, specifies Maximum Noise Levels for Transportation Noise Sources. For residential uses, the exterior noise level standard for outdoor activities areas is 60 Ldn/CNEL, or 65 Ldn/CNEL under limited circumstances. The interior noise level standard for residential uses from transportation Noise is 45 Ldn/CNEL. Health and Safety Element Table HS-3 specifies Maximum Noise Levels for Non-Transportation Noise Sources for urban and non-urban areas. Table HS-3 is reiterated in the County's Noise regulations for exterior noise found in Butte County Code Chapter 41A, the County's Noise Control Ordinance. Generally speaking,for non-urban areas, like the project site, maximum noise levels are 60 dB during daytime hours, 55 dB during evening hours,and 50 dB during nighttime hours. ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 36 of 36 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 General Plan Policy HS-P 1.7specifies that"(a)pplicants for discretionary permits shall be required to limit noise-generating construction activities located Mthin:1,000 feet-of residential uses to daytime Hours between.7:00 am and 6:00 pm on weekdays and non-holidays. ..Butte County Code,-Chapter 41A�Noise Control'Ordinance, implements General Plan policy. Construction activities are exempted from the Noise Control Oi•dinance;•per.BCC41A-9(f),as follows: Noise sources associated with construction,,repair,remodeling;demolition,paving or grading of any real property �.• . or.public works:project located',within one thousand(1,000),feet of residential uses,provided-said activities do not take place between the following hours: • Sunset to sunrise on weekdays and non-holidays; •. Friday commencing at.6:00 p.m.through•and.including 8:OO a.m.on Saturday;-as.well as not before 8:00 a.m. on holidays;- —Saturday commencing at 6:00 p.m.•through•and including:10:00 a.m:on Sunday;and;. • Sunday after the hour of 6:00 p.m. Provided, however, when an unforeseen-or unavoidable condition occurs during a construction project and the nature of the.project necessitates that.work inprocess be continued untila specific phase is completed, the contractor or'owner•shallbe allowed to continue work into the hours'delineated,above:and 4o operate machinery and equipment necessary,to complete.the*specific work in progress until that specific work can be brought to.conclusion under,conditions•which will not jeopardize inspection acceptance•or create undue financial hardships for the contractor or owner; Impact Discussion: The Health and Safety-Element of the Butte County General Plan identifies land use compatibility standards for exterior community noise for a variety of sensitive land uses. For residential'land uses, a maximum exterior noise level of 60 Ldn/CNEL decibel level is generally identified as being an acceptable noise environment requiring no special noise insulation or noise abatement features. For an interior noise level standard,the maximum decibel level is 45 LddCNEL. The Butte County Noise Control Ordinance provides the county with a means of assessing complaints of alleged noise violations and to address noise level violations. The ordinance sets forth exterior and interior noise level standards that are applicable to sensitive areas within Butte County, including residential uses. Among the noise generating activates subject to the noise ordinance are noise sources associated with construction. Though construction-related noises are subject to the noise standards of the county, these activities would be exempt if operations occur between 7:00 a.m.to sunset on any day except Saturday, Sunday,or a holiday,or between the hours of 9:00 a.m.and 5:00 p.m. on Saturday, Sunday, or a holiday; and, provided machinery is fitted with correctly functioning sound suppression equipment. a) Less Than Significant Impact. Noise levels contributed by the proposed project would include construction noise during future build-out of the resultant parcels and from occupancy of the'single-family residence. Construction noises associated with development of the resultant parcel would primarily be from the use of heavy equipment. Typical noises contributed by a single-family dwelling include landscaping equipment, automobiles, power tools, domestic animals,heating and cooling systems and audio equipment. Construction and residential occupancy noises could be perceptible to surrounding residences and other sensitive uses,but are not anticipated to result in generation of noises in excess of noise standards established in the Butte County General Plan due to the low density of the project site and the surrounding area,and because construction noises are temporary and would occur during typical daytime hours. b) Less Than Significant Impact. The use of blasting and/or pile drivers during construction activities would not be included as part of the proposed project. The proposed project would involve temporary sources of groundbome vibration and groundborne noise during construction from the operation of heavy equipment. Operation of heavy equipment would generate localized groundborne vibration and groundbome noise that could be perceptible at residences or other sensitive uses in the immediate vicinity of the construction site. However, since the duration of impact would be brief and would occur during less sensitive daytime hours (i.e.,between 7:00 a.m. and 7:00 p.m.), the impact from construction-related groundborne vibration and groundbome noise would be less than significant. ■Butte County Department of Development Services■ ■Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 37 of 37 ■ Project Name:,Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13=0011 and LCA13-0004 c) ,Less Than Significant Impact. The primary contributors to the existing:-noise-environment sturounding.the s:project site include.sounds emanating from residential uses;wehicle traffic along-area-roadways, adjacent industrial uses, agricultural operations,and,from-naturally occurring-noise-sources.such as wind and rushing waters. The only permanent noise sources that would be introduced to the existing noise.environment by the proposed project.would be typical noise levels contributed by-single-family residential land uses including landscaping equipment, automobiles,power tools, domestic animals, heating and-cooling systems and audio equipment. It's anticipated that these introduced sources of noise would likely result in the.ambient noise levels within the project site and surrounding area.to increase. However, due to the•low ambient.noises presently in the surrounding environment, and the4ow. density of the proposed parcels and surroundingarea,the anticipated increase in ambient noise1evels occur would not be substantial. d) Less Than Significant Impact. The only temporary.or periodic noise.sources that would be introduced to the existing noise environment by the proposed- project would be noises- associated with construction activities. Construction of residential structures would require a,variety of equipment. During the construction period,-noise levels.generated by,project construction would vary depending on the particular type,number,and duration of use-of the various types of construction equipment. Though noises generated by heavy equipment would likely generate -noise levels in excess of exterior noise standards identified in the General Plan, given the small size of the proposed project,and that construction activities would occur during less sensitive daytime-hours,temporary noise impacts are not considered significant. e) No Impact. No public use airports have been identified to be located within two miles of the project site. The closest public use airport is Paradise Skypark Airport, which is located 2.1 miles to the west. The proposed project is located outside the compatibility zones for the area airports,and therefore,would not result in noise impacts to people residing on the project site. f) No Impact. No known private airstrips have been identified within the vicinity of the project site. As a result, no noise impacts associated with the airport operations are anticipated to affect people working or residing within the project site. Mitigation Measure: None required ■Butte County Department of Development Services■ ■Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 38 of 38 ■ Project Naive"Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-00L•1 and LCA13-0004. 4.13 POPULATION AND HOUSING: _., a oposaP.otentiiul": Less,Tfi'anr LewTfiani No Reviewed Would the.prl; •Significant: Significant,, Significants. •Impact Under Impact" with Impact" Previous Mitigation;; Document Incorporated'. a. Induce substantial population growth in an area,!either directly(for example,by proposing new homes and businesses)or indirectly(for examplrough X e;th extension of roads or other infrastructure? b. Displace substantial numbers of existing housing; necessitating the construction of replacement.housing' X . elsewhere? c. Displace substantial numbers of people, necessitating• X the construction of replacement housing elsewhere?.. Setting :The population-for'Butte Countywas estimatedr°to be,220,024 in 2010 and;203;446 in 2000;resulting,in a.total Y: population growth of 16578 during this;l0-year:period(US'Census). The annual^average population growth rate in. the county during this period was 0.79 percent., Total housing,units.in Butte.County.was approximately.95,835 in 2010,with approximately 8.6 percent of these housing units considered vacant. The project is located in a commercial,agricultural.area of the County and may involve the-construction of up to six additional dwelling units on a proposed parcels, consistent with the General Plan and zoning designations. The project does not create a demand for housing. Impact Discussion: The population for Butte County was estimated to be 220,024 in 2010 and]203,446.in 2000, resulting in a total population growth of 16,578 during this 10-year period(US Census). The annual average population growth rate in the county during this period was 0.79 percent. Total housing units in Butte County were approximately 95,835 in 2010,with approximately 8.6 percent of these housing units considered vacant: The proposed project would result in the creation of two additional parcels that could potentially be developed with a single-family residence. According to the United States Census Bureau, the average household size of an owner- occupied housing unit for Butte County is 2.43. Based on the average household-size within the county, and the potential number of housing units that could be constructed on the parcel, the proposed project would not add substantial numbers of new residents to the local population. a) Less Than Significant Impact. Dividing the project site could facilitate the.potential addition of six additional single-family residential'units,which would directly result in growth in-available housing and,if occupied,to the local population. However,-housing and population growth with this project would not be significant due to the limited amount, and would not indirectly induce growth by creating new opportunities for local industry or commerce. Construction activities associated with development of the residential units would not result in any direct or indirect growth-inducing impacts to the county because construction activities would be temporary,and construction workers would likely be drawn from the local work force. Growth in the project area resulting from the project is planned, and is consistent with the applicable planning policies and zoning ordinance. b) No Impact. The project site is currently developed with a single-family residential unit. The proposed project would not require the existing unit to be removed or relocated from the project site. c) No Impact. The proposed project would not cause the displacement of the local population. Mitigation Measure: None required. ■Butte County Department.of Development Services■. ■Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 39 of 39 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel.Map,File#TPM13-0011 and.LCA13-0004 4-14 PUBLIC SERVICES' Potentially Less Than Less Than No Reviewed•. Would.the proposal: Sig0ficant Significant Significant Impact Under Impact--, with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities,the construction of which,-,, could cause significant environmental impacts,in. order to maintain acceptable service ratios, response times,or other performance objectives for any of the public services? 1. Fireprotection? X 2. Police Protection? X 3. Schools? X 4. Parks? X 5. Other public services? X Setting The General Plan reflects Butte County's commitment to provide needed public services, infrastructure and facilities that are accessible to and benefit all county residents. General Government'Services The County provides a wide array of State-mandated services to residents of both incorporated and unincorporated Butte County, including behavioral health services, public health services, supportive services for youth and seniors, veterans'services,food stamps,financial assistance,elections,marriage licenses,property tax assessment,the District Attorney's office and the Public Defender's office,among many others. Fire Protection The Butte County Fire Department (BCFD) and the California Department of Forestry and Fire Protection (CAL FIRE) provide fire and emergency services to the entire unincorporated county population, protecting over 1,600 square miles, with the exception of the Cities of Chico and Oroville, the Town of Paradise and the El Medio Fire Protection District.Services include the following:fire control for structural,vegetation,vehicular and other unwanted fires, emergency medical service and technical rescue response, hazardous materials response, flood control assistance, fire prevention and public safety education, fire law enforcement/arson investigation, and vegetation management. Sheriff Services The Butte County Sheriff's Office (BCSO) is responsible for law enforcement, criminal investigation and crime prevention in the unincorporated areas of the county. Schools/Public Education The County Office of Education (BCOE), Butte Community College, California State University, Chico and local school districts provide public education in Butte County. The local districts provide elementary and secondary education to the municipalities and unincorporated areas of the county, while the County Office of Education offers special education programs and other related services to the individual districts within the county. Butte Community College is a two-year junior college and California State University,Chico,is a four-year college. Scholl Districts are shown on Figure PUB-1 of the General Plan. ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 40 of 40 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 Parks A wide range of,recreational'facilities andrecreational programs are found in Butte County, offering numerous recreational opportunities to,,local�residents and visitors. Federal, State and locafrecreation lands are displayed in General Plan Figure PUB-2: Solid Waste -The County Public:Works Department-assumed-daily operational responsibility of the.Neal`Road-Facility in 2003.- i.The Neal.Road Facility.-is pennitted,to,accept�municipal,solid waste; inert industriahwaste,.demolition materials, special wastes containing nonfriable asbestos and se to e:'Current projections suggest that the Neal Road Facilityha s capacityto last through 2034,based upon-current.waste volumes,and the County is undertaking efforts to investigate- the possible expansion of thefacility to serve future capacity needs. ` &.The Solid Waste Management Facility,Overlay„which is described in the Land Use,Element,-is applied to the-Neal ,Road Facility and its surrounding area,.This..Overlay,permits uses that are accessory and/or related to solid waste° and/or septage disposal;as.well as uses that are compatible with landfill operations-Waste diversion programs, such as recycling, reuse and,composting,•+,are designed to reduce,the environmental'impacts and.improve the,economic .... +, ."tefficiency,of waste management operations.•Recycling,,an essential practice for diverting solid waste from'landfills, is a1undamental part of the{Butte''County,integrated waste management plan..Existing recycling:activities and, A programs are overseen and operated-by the-County.at the Neal Road,Facility and by the private sector-at other. locations. Impact Discussion: al) Less Than Significant Impact. County Code requires the payment of fire protection impact fees to help offset the impacts new residential development has on-fire protection services. The project site is not located in an area designated as having an elevated fire hazard according to GIS data from the California.Division of Forestry. The ,project may result in an incremental increase in demand for fire protection services. Fire protection impact fees would be paid at the time of building permit issuance for a dwelling unit. a2) Less Than Significant Impact. The Butte County Sheriffs Office provides law enforcement service to the project area. Implementation of the proposed project may increase the police service calls to the vicinity beyond existing conditions. This would be a direct result of the development of single-family residences and the resultant increase in population. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. The project's increase in demand for police services would be offset through project-related impact fees, which are collected at the time of building permit issuance. a3) Less Than Significant Impact. Residentialdevelopment at the site would;result in°an incremental demand.for school faciliiies.in the area resulting from two new dwelling units” The,project site is located in h6 Chico School; .... District The proposal would result.in ani-r cremental demand'for school.facilities m the'areaTlie statewide average student yield`factors'('student generation:rate')are:asfollows: StatrWide Average Students' ield Factors Elementary School District f0.5„students per dwelling High School District 0 2 students per:dwelling unit Unified School-District 0.7 students per dwelling unit California DepartmenYofGeneral.Ser_vices(htip/%www documents:dgs.ca.goy/opscJpdf focros/sab 50-01:pdfj` Development of the:proposed project could'generate a;student population increase of approximately 1 4`students:(0:7 'students per unit x 2 units)for the;Paradise'Unif�ed School District A"development impact fee for school fachUes wI ll be assessed at the time of development of the resultant parcels to offset any potential impact to area school facilities;, The fee amount.will be determined and calculated asof the date of application for the:buil While school districts maintam that these fees do not fully mitigate the unpacts of the projectthe County is precluded from imposing additional:fees or mitigatioqkbystate legislation! a4) Less Than Significant Impact. The project would result in the potential development of up to three additional dwellings,which would not create significant impacts to area parks and facilities. See discussion 4.15—Recreation for more detail. ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 41 of 41 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 a5) Less Than Significant Impact. The project.may result in added need for County services, such as-law enforcement,fire protection,general services,libraries,and roads. Butte County collects various types of development- impact fees to offset the cost and impacts associated with new residential units. These fees vary depending on the dwelling type,and are collected at the time of development. Mitigation Measure: None required. 4.15. RECREATION; Potentially Less Than- Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with . I Impact Previous Mitigation Document Incorporated , a. Increase the use of existing neighborhood and regional parks or other recreational facilities such X that substantial physical deterioration of the facility would occur or be accelerated? . b. Include recreational facilities or require the construction or expansion of recreational facilities X which might have an adverse physical effect on the environment? Setting A wide range of recreational facilities and recreational programs are found in Butte County, offering numerous recreational opportunities to local residents and visitors. Federal, State and local recreation lands are displayed in General Plan Figure PUB-2. Impact Discussion: a) Less Than Significant Impact. The project site is located within.the Paradise Recreation and Park District (PRPD). The PRPD currently serves over 43,000 people and manages more than 400 acres of park land and facilities, with 73 acres of developed park land and another 358 acres of natural open space environment. Park facilities include swimming pools,fishing pond,play fields,horse arena,archery range,ropes course,walking trails,picnic areas,tennis courts,playgrounds,open use areas,and a recreation center. The PRPD collects impact fees for new residential development,based on square footage. The project's contribution of up to 2 new residential dwellings would cause a minor increase in the usage of parks and other recreational facilities in the Paradise area. The collection of impact fees helps offset the increase in usage of parks and other recreational facilities in the PRPD caused by the project. The project does not include any recreational facilities nor would the project require the construction or expansion of recreational facilities. b) No Impact. The proposed project does not include plans for additional recreational facilities nor would it require expansion of existing recreational facilities. Therefore, the proposed project would not result in any adverse physical effects on the environment from construction or expansion of recreational facilities. Mitigation Measure: None required. ■Butte County Department of Development Services■ ■Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 42 of 42 ■ Project Name:'Stephens-Edinonds•Ranch Tentative.Parcel Map;File#TPM13-0011and.LCA13-0004 4.16 TRANSPORTATION/TRAFFIC: t Potentially_ Less Thanrr- Less.Than No Reviewed ;.: Would:.the,proposal:. Significant° Significant Significant Impact Under r�• Impact with Impact•' Previous Mitigation,^ Document Incorporated s ;a. Cause an increase'in traffic which is-substantiakiri u relation to the existingtraffic load and.capacity.of.the street system(i.e.,'result in a,substantial dhcreasei in X 1 r either.the number of vehicle trips;'.the volume wo,, capacity ratio on roads,'or coilgestionatintersections)?r b. Exceed,'either individually.or cumulatively;;a-level of!. service standard established by;the:county4congestion~. X management agency for designated roads,or..:. highways? c. Result in a change in air traffic patterns,including either an increase in traffic levels or a changedn,, X location that results in substantial safety.risks?, d. ,:Substantially increase hazards due to a'design feature (e.g.,shaip curves or dangerous intersections)-or X . _ incompatible uses(e.g.,farm equipment)?` e. Result in inadequate emergency.access?,, X y r f. Result in inadequateparking capacity? X g. Conflict with accepted policies,plans or programs supporting alternative transportation(e.g.,bus X turnouts,bicycle racks)? Setting: Access to the project site is provided by Nord Highway east-west)and Meridian Road(north-south). The 318.9-acre project site currently includes one primary dwelling unit and a shop/guest house. The majority of the site is utilized for•almond and walnut production. Traffic associated with current operations is anticipated to be quite minimal, r comprised of an estimated ten(10)vehicle trips per day for the home, and seasonal planting and harvesting for the agricultural use. The Butte Regional Transit (B-Line) provides fixed-route bus and paratransit services to.Chico, Oroville, Gridley, Biggs,.and the unincorporated county. The B-Line intercity buses connect Chico, Oroville, Paradise, Gridley and Biggs,as well as the two Tribal Rancherias and casinos. Additional services that are open to the general public include Glenn Ride, which provides transportation from Chico to Glenn County,•Phimas Transit, which provides weekly service between Chico and Quincy,-and Greyhound and Amtrak bus lines that provide scheduled service to the Butte County area(Butte County Circulation Element,2010). Bicycle and Pedestrian Transportation Bicycle facilities include bike paths(Class I),bike lanes(Class II), and bike routes(Class III). Bike paths are paved trails that are separated from the roadway. Bike lanes are lanes on roadways that are designated for use by bicycles by striping,pavement legends,.and signs. Bike routes are roadways that are designated for bicycle use with signs or ' pavement legends,but do not have additional width for bicycle lanes. Pedestrian facilities include sidewalks, crosswalks, pedestrian signals, and paved shoulders adjacent to rural roads. Within the vicinity of the project site area,there are no designated pedestrian facilities, including paved shoulders of sufficient width that would be affected by the proposed project. Airport Air transportation in Butte County is served by a number of private and public airfields and heliports serving general aviation and agricultural users. There are four major aviation facilities in Butte County that serve the general public. ■Butte County Department of Development Services■ ■Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 43 of 43 ■ 1 4 Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 Rail Service The Union Pacific Railroad line runs the entire length of the states of California,Oregon and Washington,-,and includes numerous other western states. Impact Discussion: a) & b) Less Than Significant Impact. The proposed project has the potential to introduce(3)three new single family dwellings,and accessory..residential.uses,that would generate minimal long-term changes in traffic volumes. Vehicle traffic for a single-family residence is estimated to be approximately 10 vehicle,trips per day,(ITE,_1997): Because the scope of the proposed project is relatively minor and would not result-in construction-of a substantial amount of residential units,the increase in traffic-levels would not create substantial impacts-,to operating conditions of the area road network. Construction activities associated with the construction of a future single-family residence has the potential to generate- short-term changes to traffic volumes on•the area road network...Daily vehicle trips.would be:generated with the arrival, and departure of construction workers: Construction activities associated-with.a-single-family,residence would be, small-scale and of short-duration. As a result, the proposed project.would not,cause long-term degradation-in, or create substantial impacts to,the operating conditions or level of service on any of the roadways in the project area. c) No Impact. The closest public use airport is Paradise Skypark. It is located approximately 2.1 miles to the east. The proposed project is located outside the compatibility zones for the airport,and therefore,would,not result in a change in air traffic patterns,including increase air traffic levels or safety hazards. d) Less Than Significant Inpact.. .The proposed project would not change the configuration (alignment) of area- roadways,and would not:introduce types of vehicles that are not already traveling on area roads. Future encroachment to ­ a county roadway would be designed in accordance with a Butte County Public Works Encroachment Permit,which would. ensure that any potential safety and compatibility issues are addressed. e) Less Than Significant Impact. No road improvements are proposed with the project. However, subsequent development of the resultant parcels would require road improvements that would need to meet County and State minimum safety standards for access roads and driveways. Future road and encroachment improvements would be reviewed by the Butte County Public Works Department and Butte County Fire Protection Department/California Department of Forestry and Fire Protection to ensure that any potential safety concerns are addressed. f)g)Less Than Significant Impact. Future residential development on the resultant parcels would have minor long- term impact on demand for parking or alternative transportation facilities due to the limited population growth to the project area. Construction activities associated with future residential and access road development may generate short-term disruption to area roadways from an anticipated increase in traffic levels. However,construction activities associated with the proposed project would be temporary, and in compliance with a Butte County Encroachment Permit,which would require traffic control implementation,if needed. Mitigation Measure: None required. 4.17 UTILITIES AND SERVICE SYSTEMS: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water QualityControl Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of X existing facilities,the construction of which could cause significant environmental effects? ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 44 of 44 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13=0011 and LCA13-0004 Potentially Less Than Less Than No Reviewed Would,the proposal: Significant - Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated c. Require or result in the`construction of new storm water drainage facilities or expansion of existing facilities,the construction of which could cause X significant environmental effects? d. Have sufficient water supplies available to serve the project from existing-entitlements and X resources,or are new or expanded entitlements needed? e. Result in a determination by the wastewater ' treatment provider which serves or may serve the project that it has adequate capacity.to serve the X project's projected demand in addition to the- rovider's existing commitments? E Be served by a landfill with sufficient permitted. capacity to accommodate the project's solid waste X . disposal needs? g. Comply with federal, state,and local statutes,and X regulations related to solid waste? Impact Discussion: a) No Impact. Wastewater disposal for the proposed project would be provided by private,on-site septic systems. The Butte County Environmental Health Division has performed a preliminary review of the proposed project, and has indicated that future placement of an on-site septic system for the proposed parcel would be possible. At the time of development, the proposed development would be evaluated, and compliance with wastewater disposal standards would be ensured. Therefore, the project would not have an impact on any wastewater treatment facilities because septic systems would be utilized. b) Less Than Significant Impact. As discussed above the project will be served by individual wastewater systems (septic). Existing and future development will be served by individual wells. Given the previous disturbance of the project site for ag cultivation,and previous construction of structures and other improvements near the central portion of the site,new water wells and related improvements would not cause significant environmental effects. c) Less Than Significant Impact. No existing on-site storm water drainage facilities are located on the project site, and none would be anticipated with the future development of the resultant parcels due to the large parcel sizes that would readily allow storm water to infiltrate into the ground before leaving the site. Due to minimal disturbances associated with future development, along with adherence to County improvement standards, installation of future storm water drainage facilities,if required,would not cause significant adverse effects on the environment. d) Less Than Significant Impact. Domestic water services to future residences on the resultant parcels would be provided by a private, groundwater well. Well production has been determined to be sufficient for the anticipated uses of the project site by the Butte County Environmental Health Division. New development requiring a domestic water supply would increase groundwater extraction; however, sufficient groundwater resources are available in the project area to serve the potential development. e) No Impact. Wastewater disposal for the proposed project would be provided by private,on-site septic systems.The Butte County Environmental Health Division has performed a preliminary review of the proposed project, and has indicated that future placement of an on-site septic system for the proposed parcel would be possible. At the time of development, the proposed development would be evaluated, and compliance with wastewater disposal standards would be insured. Therefore, the project would not have an impact on any wastewater treatment facilities because septic systems would be utilized. ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 45 of 45 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map;File#TPM13-0011 and LCA13-0004 J) &.g) Less Than Significant Impact.. Future development of the resultant'parcels would result in a minor increase -in the stream of waste being deposited in the Neal Road Landfill The Califomia:IAtegrate&Waste Management Board estimates.that a typical.residential household generate,.10 to-12 pounds of waste per-day (•r.8 to 2.2 tons per year): According to the Butte County Public Works Departinent ;the:Neal Road Landfill is expected to reach maximum holding capacity by the year 2018,and is currently seeking a permit to expand the,landfill so that it can accommodate..° solid waste to the year 2034. Based on this information,.and.because;the.proposed.project would comply with all 41 applicable federal, state, and local statutes and regulations as they relate to solid waste,.adequate permitted landfill capacity exists to accommodate the proposed project. Mitigation Measure: None required: ■Butte County Department of Development Services■ ■Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 46 of 46 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File ti TPM13-0011 and LCA13-0004 4.18i MANDATORY FINDINGS OF SIGNIFICANCE SEC.TION 15065 .Potentially Less Than Less Than No Reviewed Would the proposal:. Significant' Significant Significant Impact Under Impact with ' Impact Previous Mitigation Document Incorporated` a. Have the potential to substantially degrade the. quality of the environment;substantially reduce the habitat of a fish or.wildlife species,cause a fish or wildlife population to drop.below self-sustaining levels,threaten to eliminate a plant or animal, X community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Have impacts that are individually limited,but- cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects,the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human X beings,either directly or indirectly? The project has the potential to contribute impacts that are individually limited,but cumulatively considerable with respect to Initial Study Checklist Items,4.1 4.5 L Cultural'Resources Cumulative impacts wthese,a eas ow m be rte:.g___r .�.r...y.r... .. «.—-- .r.. f mthgatO due to a inclusion of> ltigation Measures #1 through #4 as itemized under Section 5 Mltrgatitin Measures And lyloiiitoring Regi irementsi Impact Discussion: a) Less Than Significant Impact With Mitigation Incorporated. With the implementation of mitigation measures included in this Initial Study,the proposed project would not degrade the quality of the environment;result in an adverse impact on fish,wildlife,or plant species including special status species,or prehistoric or historic cultural resources. Prehistoric or historic cultural resources would not be adversely affected because no archeological or historic resources are known to exist in the project area and project implementation includes following appropriate procedures for avoiding or preserving artifacts or human remains should they be uncovered during project excavation. b) Less Than Significant Impact With Mitigation Incorporated. This project has the potential to contribute impacts that are individually limited,but cumulatively considerable with respect to Aesthetics,Air Quality,Biological Resources and Cultural Resources. Cumulative impacts to these areas would be mitigated due to the inclusion of Mitigation Measures # 1 through #4, as itemized under Section 5 — Mitigation Measures and Monitoring Requirements. Past,current,and probable future projects in the vicinity of the project site were reviewed to determine if any additional cumulative impacts may occur with the approval of this project. A two mile radius was used in determining cumulative impacts. No additional cumulative impacts were discovered. c) Less Than Significant Impact With Mitigation Incorporated. There have been no impacts discovered through the review of this application demonstrating that there would be substantial adverse effects on human beings either directly or indirectly. However,the proposed project has the potential to cause both temporary and future impacts to the area by project-related impacts relating to air and cultural resources. With implementation of mitigation measures included in this Initial Study,these impacts would be effectively mitigated to a less than significant level. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 ■Page 47 of 47 ■ Project Name:'Stephens-Edmonds Ranch Tentative Parcel Map;File#TPIV113-001'1 and'LCAI'3-0004, Mitigation Measure MMI: Place a note on a separate document which is'to be:recorded concurrently with the map or on an additional map sheet that states:"Dust generated by the development activities shall-be-kept-,to a minimum and retained on-site:,Follow the air quality control measures listed below: Control Dust a. During clearing; grading,,earth moving,excavation,.or transportation of cut or fill.materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a-crust after each day's activities cease. b. During construction,water trucks or sprinkler systems shall be-used to keep.all areas of vehicle movement damp enough to prevent dust from leaving the site. Ata minimum, this would include.wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds.15 miles per-hour. c. Soil stockpiled for more than two days shall be covered, kept moist,-or.treated-with soil binders to-prevent dust generation. . d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tmcked:onto these roadways,unless conditions warrant a greater frequency. g. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information h. Post a publicly visible sign.with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200& 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i. Maintain all construction equipment in proper time according to manufacturer's specification. j. Where feasible,give preference to utilizing the following equipment: • Electric equipment • Substitute gasoline-powered for diesel-powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas(LNG),propane,or biodiesel. • Equipment that has Caterpillar pre-chamber diesel engines,as practical. • Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy- duty diesel engines. k. Construction workers shall park in designated paiking area(s)to help reduce dust emissions." Plan Requirements:The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet.This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring:The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure MM2: Place a note on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet that states: "Should grading activities reveal the presence of prehistoric or historic cultural resources(i.e.artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human skeletal remains) work within 50 feet of the find shall immediately cease until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner((530) 538-6579). Should the County Coroner determine that the remains are in an archaeological context,the Native American Heritage ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-0011 ■Page 48 of 48 ■ ;. Project Name: Stephens-Edmonds Ranch.Tentative Parcel Map,File#TPM 13-0011 and LCA 13-0004 • Commission in'Sacramento shall.be3notified immediately, pursuant to State Law, to arrange,for..Native:American participation,in-:determining,-'the disposition of such remains." The provisions of this note.shall be:followed,during construction-of,:all subdivision-improvements, including-.land.clearing, road construction;:utility:,installation, and- building site:development: Plan Requirements:. ,Tlus'note shall be.placed.on&separate.document which is to bexecorded,concurrently.with;the map or on an;additional-,map.sheetand,shallbe shown on all site developmeaand building plans: Timing: -This,measuwslfalllbe-i mplemented.during all site preparation andconstruction:activities. Monitoring: The,D"epartment;of;DevelopmentnServices.::and/or.Public Works-Department;shall.-ensure:,the:note:-is• r:E.• .,:placed on a separate`rdocument which,is;to•;be recorded,;concurrentlywith.the:map�or on.an.additional map sheet: i.. �. Should;:cultural;.,resources',be��;discovered :cthe,rlandowner.;shall,notify .the,Planning:Divisiowan&a .professional, a:;archaeologist The Elaniurrg Division,shall coordinate:with.the developer and appropiiate-authonties-to:avoid damage . :::to cultural:resources>andidetermine.appy,,opnatetactionr.�State,law requires,the reporting ofany.:human-remain's:. ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM13-0011 m Page 49 of 49 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM13-0011 and LCA13-0004 6.0 Environmental Reference Material 1. Butte County Association of Governments. :Butte:Regional Conservation Plan, First Adnunistr tic�e Draft. Accessed May 7 2013. (available at 11ttp:L'xii cv:buttchep:conl/BRCP-Documentslist-Adinin-Draft- BRCP/index.html) 2.. Butte County Association of Governments. Butte Regional Transit(B=Line). 2008..Bits Basics. Available at ",ww.blin.etran.sit..conl/. Accessed on May 7, 2013. 3. Butte Countv 2030,Gencral'Ylan. Environmental]m ictReilort.Oroville, CA:April 8,2010. (Available at http://��w�; but eeneral.pl.au.netlproduc[s/201(1-08-3O FEtlt/defaul:t.asp.) ' 4. Butte Countv General Plan-2010. Oroville, CA.October 26,2010. (available at tittp://wi�w.buttegeneralpl(ul.net/products/2010-10-26 GP2030Butte County General-Plan. d� 5. Butte Countv 2030 General Plan. Settings and Trends Report. Public Draft.' Oroville,,CA. August 2,2007. (Available at httL/1 vww.buttegene;ralplan.net/products/Sett ingandTrends/defaLilt.asp:) 6. Butte County. Housing Element of the Butte County General Plan(2010-2030).2010. 7. Butte County Noise Control Ordinance(Ordinance No. 4053). Adopted on March 26,2013. (Available at ti.t.Cp://ivww.biittecounty:net/.Developjiieitt%20Scrvi.ces/PLA NNI.NG%2(iD.N.1SIO.NINo.ise%200r(iinance.aspx) 8. Butte County Zoning Ordinance. Adopted on November 6,2012. (Available at http://atir,Nv.butte reneralplan.net/ 9. Butte County. ;Resolution 10-150.Resolution of the board of supervisors of the County of Butte, state of California,making findings of fact in support of Butte County General Plan 2030 and its associated environmental impact report,rejecting alternatives,adopting a mitigation monitoringand reporting plan,and adopting a statement of overriding considerations. Adopted October 26,2010. 10. Butte County. Section III, Seismic and Geologic Hazards,Health and Safety Element of the Butte Counttv General Plan(2010-2030). 2010. 11. Butte County Planning Department. Butte County GIS Data. May 2013. 12. Butte County Public Works Department. 2011 Butte Countv Bicycle Plan. June 14,2011. 13. Butte County Air Quality Management District. CEQA Air Quality Handbook-Guidelines for Assessing Air Quality Impacts for Projects Subject to CEQA Review. January 2008. 14. California Air Resources Board. "ARB approves tripling of early action measures required under AB 32". News Release 07-46. http://www.arb.ca.gov/newsrel/nr102507.htm. October 25,2007. 15. California Air Resources Board. Climate Change Scoping Plan:a framework for change. December 2008. 16. California Air Resources Board. Expanded List of Early Action Measures to Reduce Greenhouse Gas Emissions in California Recommended for Board Consideration. October 2007. 17. California Department of Conservation.Fault-Rupture Hazard Zones in California. Altquist-Priolo Earthquake Fault Zoning Act with Index to Earthquake Fault Zone Maps. Special Publication 42. Interim Revision. 2007. 18. California Department of Conservation,Division of Land Resource Protection. A Guide to the Farmland Mapping and Monitoring Program. 2004. 19. Department of Toxic Substance Control. 2009.Envirostor Database. Accessed on May 7, 2013. http://wiv eri.virostor.disc.ca..goy/public. 20. U.S. Census Bureau. Annual Estimates of the Resident Population-2012 Population Estimates for Butte County, California. March 5,2013. 21. U.S. Census Bureau. Profile of General Population and Housing Characteristics-2010. Butte County, California. March 5,2013. ■Butte County Department of Development Services■ ■Initial Study-Stephens-Edmonds Ranch,LLC TPM13-0011 ■Page 50 of 50 ■ Project Name: Stephens-Edmonds Ranch Tentative Parcel Map,File#TPM 13-001'1 and LCA13-0004: 7.0 CONSULTED AGENCIES•: [X] Environmental Health [X] Public Works. [X] Building Manager [ ) BCAG [ ]County Counsel: [ } LAFCo [X] Assessor [ ]Development:Services [ ] Chico�Unified School District [X] Air Quality Management District - [ ]City of Chico- [ ] Sheriff [ ] City of Gridley [ ]City-of Oroville [X] :Town of Paradise [X] CA Department of Forestry [ .]Caltrans(T.raffic)°. [ ] CA Central Reg. Water Quality [ ] Department of Conservation. [X]-CA:Dept:'of Fish-and Game= [ ] Highway Patrol { .] Army:Corps'ofEngineers, [' :].U.St Fish&:Wildlife Service [ .] Agricultural Commissioner [ ] Butte Co: Bureau [,X],.Paradise Unife&School•Dist: [ ] Feather River Recreation:Dist. ( ].El Medio Fire Department [X]Del Oro-Water Company [ ]'LOAPUD [ ) PG&E 1 )-Pacific Bell ( ] Palermo Union School District 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATIONINTO PROPOSED.PROJECT: I/We have reviewed the Initial Study for the Stephens-Edmond Ranch Tentative Parcel Map' (APN # 047-150-138) application and particularly the mitigation measures identified herein. 1/We hereby modify the applications on file with the Butte County. Planning Department to include and.incorporate all mitigations set forth in this Initial Study. Project Sponsor/Project Agent Date Project Sponsor/Project Agent Date ■Butte County Department of Development Services■ ■ Initial Study—Stephens—Edmonds Ranch,LLC TPM 13-001I'm Page 51 of 51 ■ r QO State of California—Natural Resources Agency CALIFORNIA DEPARTMENT OF FISHAND WILDLIFE 2015 ENVIRONMENTAL FILING FEE CASH RECEIPT RECEIPT# 04/2015/37 STATE CLEARINGHOUSE#afappicawe) SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEADAGENCY DATE Butte County Planning Division 05/07/2015 COUNTY/STATEAGENCYOF FILING DOCUMENT NUMBER Butte County Clerk/Recorder PROJECTTITL E Rezone REZ15-0001 (Mooretown Rancheria) PROJECTAPPLICANT NAME PHONE NUMBER Butte County ( 530 ) 538-6573 PROJECT APPLICANT ADDRESS CITY STATE ZIP CODE 7 County Center Drive Oroville CA 95965 PROJECT APPLICANT(Check appropriate box): ❑Local Public Agency ❑School District ❑Other Special District ❑State Agency ❑Private Entity CHECK APPLICABLE FEES: Environmental Impact Report(EIR) $3,069.75 $ 0.00.• Mitigated/Negative Declaration(MND)(ND) $2,210.00 $ 0.00. Application Fee Water Diversion(State Water Resources Control Board only) $850.00' $ 0.00 rl Projects,Subject to.Certified Regulatory Programs(CRP) ` $1,043.75 $ •0.00 E].County Administrative Fee • ,. .... .. _. $50.00 $ 50.00 Project that is exempt from fees �.; •r<': Notice,of.Exemption(attach) _ CDFW' No Effect Determination(attach) _ • ❑J Other -. ,, • ,. $. . .. , PAYMENT METHOD: ' Cash Credit ❑Check Other ATR:no:39898• TOTAL RECEIVED $ 50.00 SIGNATURE PRINTED NAME AND TITLE X ,WRIGHT B. Wright, Deputy Clerk/Recorder 1 Clerk-Recorder's Department `-County of Butte CANDACE J . GRUBBS County Clerk-Recorder *#* Duplicate Receipt **#* 1 FISH AND GAME CLERKS FEE 50.00 ---------------------------------------- TOTAL 50.00 JOURNAL 50.00 ---------------------------------------- CHANGE 0.00 05/07/2015 3:15PM 2015050700079 BW ECR-REC-06 Thank You Have a Nice Day.! ---------------------------------------- Requested -------- -------- Requested By: BUTTE,,COUNTY PLANNING DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT MAY - 7 2015 Butte County Development Services 7 County Center Drive CANDACg_ R S U CO.CLERK DEPUTY Oroville,CA 95965 FILING NO. Project Title/File Number: Rezone REZ15-0001 (Mooretown Rancheria) CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ( ) B. De Minimis Impact-Certificate of Fee Exemption $50.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED ( ) A. Negative Declaration $2,210.00 State Filing Fee $50.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $3,069.75 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) $50.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s)ATR no:39898 2. ( ) NON-PAYMENT: The above fees are required.Not paid. Chief Planning Official By: Tim Snellings,Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: May 7,2015 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. CVADVCS C!s!tEF92'onli-co'craw NOTICE OF-EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville,.CA 95965 Project Title: Rezone REZ15-0001 (Mooretown Rancheria) Assessor's Parcel No.: 079-230-015 Applicant: Butte County Project Location-Specific: Feather Falls Casino Parking Lot; southeast corner of Alverda Drive and Feather Falls Blvd., south of Feather Falls Casino Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose- and Beneficiaries of Project: Rezone REZ15-0001 (Mooretown Rancheria), is a request to repeal a May 22, 2001 Conditional Zoning Agreement between the Mooretown Rancheria Concow Maidu, a federally-recognized sovereign Indian tribe and the County of Butte. Repeal of the Conditional Zoning Agreement, including conditions, and mitigation measures applicable to construction of the Feather .Falls Casino parking lot, and would remove a specific encumbrance that the Federal Government has identified as an impediment to accepting the property into trust on behalf of the Tribe. Name of Person or Agency.Approving Project: Butte County Department of Development Services Exempt Status: (Check One) Ministerial [Sec. 15073] Declared Emergency[Sec. 15071 (a)] _ Emergency Project[Sec. 15071 (b)and (c)] X Categorical Exemption. State type and section number: 15301 Existing Facilities Statutorily Exempt— 15274 (a) Reasons why project is exempt: The ordinance is exempt per guidelines section 15301 because the project is an existing facility consisting of the "operation repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing." The subject property, is currently developed.as a parking lot and will continue with no change or expansion of use after the Conditional Zoning Agreement is repealed. Contact Person: Stacey Jolliffe, Principal Planner Telephone: (530) 538-6573 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Chuck Thi tle hwaite, Planning Manager Department of Development Services •,r COUNTY OF BUTTE 0 AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE,CA ATR NO 39898 3 RECEIVED FROM DEVELOPMENT SERVICES BUILDING DIVISON/PLANNING DIVISION DEPOSIT DATE 1/27/2015 BAG# 425 DEPOSIT AMOUNT $ 17,380.83 DEPT/ FUND FUND ' COST ACCT PROJ CASH DESCRIPTION TITLE CODE ;.CNTR CODE CODE CODE AMOUNT IATR-CREATED ON: 1/27 REC#B011962; 6011965-967; 6011969-970; 6011972-973;P2935-2936; (6011868 UNPAID) FOR: 1126 i 7DEFERRED REV 2013 PLNG GENL 0610 204402 101001 3,433.14 DEF REV- SUBDIV GENL 0010 204404 101001 489.00 vGENL PLAN MAINT FEE GENL 0010 440001 4610311 101001 207.90 'FIRE PLNG APPL FEE(SRA) FIRE PROTECTN 0010 14001 4617240 101001 513.00 :BLDG PERMITS GENL 0010 440001 4210500 101001 1,949.90 BLDG APPLICATION GENL 0010 440001 4210501 101001 1',442.40 BLDG INSPECTION GENL 0010 440001 4210502 101001 2,505.80 `PLANNING APPL FEES GENL 0010 440001 4210900 101001" 815.00 GENL PLAN MAINT FEE GENL 0010 440001 4610311 101001 176.50 TECH MAINT FEE-DEV SVC:GENL 0010 440001 4610312 101001 75.28 DEV SRVCS-CWIF PROC FEE GENL 0010 440001 4617999 101001 90.20 NOD/NOE CLERK'S FILING FI GENL 0010 470001 4612319 101001 100.00 ($50) Project Number Amount of Fee LLA15-0001;HARRIS,THOMAS 040.050-049 $50 4REZ15.0001, MOORETOWN-RANCHERIA079-2301,5'` '; , EH BUILDING CLEARANCES ENV HLTH FEES 0021 540011 4614901 101001 631.00 CFIF GENL GOVT CW 12 IMPACT FEES FP 0035 239 4318082 10118082 568.40 CFIFR JAIL IMPACT FEE IMPACT FEES FP 0035 239 4318112 10118112 455.89 CFIF CRIM JUST 12 IMPACT FEES FP 0035 239 4318183 10118183 294.00 CFIF GEN GOV UA 12 IMPACT FEES FP 0035 239 4318185 10118185 52920 CFIF HLTH&SS RES ONLY IMPACT FEES FP 0035 239 4318187 10118187 107.80 LIBRARY 12 RES ONLY IMPACT FEES FP 0035 23.9 4318262 10118262 225.40 CFIF TRANSP 12 IMPACT FEES FP 0035 239 4318312 10118312 1,048.66 CFIF SHRF 12 IMPACT FEES FP 0035 239 . 4318412 10118412 980.00 CFIF FIRE IMPACT FEES FP 0035 239 4318522 10118522 666.40 SMIP FEES 95% SMIP FEES ' 1001 280 1011298 53.02 BLDG STDRDS FEE SB1473 4 BLDG STNDRD 1001 280 1011473 23.00 TOTAL $ 17,380:83 APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER By: BY•' white--treasurer ' pink=filecanary=depositor 1 I 'Resolution No. PC 15-06 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING THE BOARD OF SUPERVISORS APPROVE REZONE REZ15-0001 REPEALING THE MAY 22, 2001 CONDITIONAL ZONING AGREEMENT BETWEEN THE MOORETOWN RANCHERIA CONCOW MAIDU,A FEDERALLY-RECOGNIZED SOVEREIGN INDIAN TRIBE,AND THE COUNTY OF BUTTE WHEREAS, on May 22, 2001 a Conditional Zoning Agreement (CZA) between the Mooretown Rancheria Concow Maidu, a federally-recognized sovereign Indian Tribe, and the County of Butte was approved relative to a +5.16—acre property, APN 079-230-015 ('subject parcel' or'subject property'), which zoned the subject parcel to C-1 (Light Commercial), subject to conditions and mitigation measures imposed on parking lot development; and WHEREAS, parking lot improvements were constructed on the subject property and were issued a final building permit for light poles, electric, and water piping on October 22, 2002; and WHEREAS, on October 26, 2010 Butte County adopted a new General Plan, including a new General Plan Land Use Map which re-designated the subject property to a LDR Low Density Residential land use designation on the Butte County Land Use Map; and, WHEREAS, the Butte County Board of Supervisors adopted a Zoning Ordinance Update on November 6, 2012 under Ordinance#4050 which rezoned the subject property to LDR Low Density Residential; and, WHEREAS, the General Plan EIR (SCH #2008092062) was certified on October 26, 2010 by the Butte County Board of Supervisors (Resolution 10-150) and the Zoning Ordinance Update Supplemental EIR (SCH #2012022059) was certified on November 6, 2012 (Resolution 12-123); and, WHEREAS, the Zoning Ordinance Update specifically provided that established Conditional Zoning Agreements were not modified by adoption of the update, specifically: The Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement established between the County and an applicant prior to the effective date of the Zoning Ordinance. All uses under the Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the zone." (BCC§24-5 (E.));and WHEREAS,the Mooretown Rancheria of the Concow Maidu Tribe filed Rezone application REZ15-0001 on January 26, 2015 with the Butte County Development Service Department requesting that the County repeal the Conditional Zoning Agreement approved May 22, 2001, thus removing encumbrances to the subject property that have interfered with the subject property being taken into trust status by the Federal Government on behalf of the Tribe; and Page 1 of 3 WHEREAS,a duly notified public hearing was held on March 26, 2015; and WHEREAS,the Butte County Planning Commission reviewed and considered the information in the staff reports,and all oral and written testimony presented to the Planning Commission; and WHEREAS, an Environmental Assessment (EA) under the National Environmental Policy Act (NEPA) was prepared circa 1999 by Mooretown Rancheria for the Proposed Conveyance of Fee Property to Federal Trust and Development of a Cultural Center, A RV Park, Casino Over-Flow Parking and Associated Infrastructure, Mooretown Rancheria, Butte County,California; and the EA identified no cultural impacts from the Casino project inclusive of the Casino Over-Flow Parking which is generally coterminous with the subject property,APN 079-230-015; and, WHEREAS, REZ15-0001 is categorically exempt from CEQA under section 15301 of the CEQA Guidelines as an existing facility consisting of the "operation repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing (emphasis added)" because, the subject property is currently developed as a parking lot and will continue with no change or expansion of use after the Conditional Zoning Agreement is repealed; and NOW,THEREFORE, BE IT RESOLVED,that the Planning Commission hereby recommends to the Board of Supervisors the following findings: 1. Notice of the Planning Commission hearings on the proposed Rezone and categorical exemption, was given as required by law and the actions were conducted in accordance with CEQA, and the State CEQA Guidelines.. 2. All individuals, groups and agencies desiring to comment were given adequate opportunity,to submit oral and written comments on the proposed Rezone and the categorical exemption. 3. The proposed adoption of the Rezone is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860 4. The proposed adoption of the Rezone is not inconsistent with other applicable.provisions of the Zoning Ordinance. 5. Proposed adoption of the Rezone is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the proposed uses and development will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large. 6. The proposed Adoption of the Rezone does not jeopardize the health, safety, and welfare of the County. Page 2 of 3 DULY PASSED AND ADOPTED this 26th day of March,2015, by the following vote: AYES: Commissioners Chase, Grundmann,John, Kennedy and Chair Donati NOES: ABSENT: ABSTAIN: Daniel "Rocky" Donati, Chair Planning Commission County of Butte, State of California ATTEST: YYY z, Ki cMillan, Secretary Pla ning Commission County of Butte,State of California Page 3 of 3 �Ob►'l>'�—a�f1 R�� f S'60o 1 �ow � C I S � U S A TRUST FBO MOORETOWN 'PART GUY G JR ESTATE ETAL RUVALCABA EFRAIN R&TERESA 2800 COTTAGE WAY PO BOX 5215 PO BOX 711 SACRAMENTO CA 95825 OROVILLE CA 95966 PALERMO CA 95968 ROBINSON RICKE&CYNTHIA LEE BOETTO FRANCO LESA D LATHAM ANDREW C&KATHERINE D 251 LORENE CT 1424 NORTON ST 188 SELF LN OROVILLE CA 95966 OROVILLE CA 95966 OROVILLE CA 95966 MAXWELL WILLIAM ALLEN MAXWELL:WILLIAM A JT ETAL RAMIREZ MARIA L ETAL 8220 LOWER WYANDOTTE RD 6220 LOWER WYANDOTTE RD 6310 LOWER WYANDOTTE RD OROVILLE CA 95966 OROVILLE CA 95966 OROVILLE CA 95966 WALLS RICHARD&CHERYL A FRANZ KLAUS L HILL TRENTON&SAETERN NAI 19 IRON HORSE LN 6370 LOWER WYANDOTTE RD 250 LORENE CT i OROVILLE CA 95966 OROVILLE CA 95966 OROVILLE CA 95966 FAIRSE MICHAEL A&CHRISTINE A LIX JOHN&ELIZABETH USA IN TRUST MOO T WN 83 SELF LN PO BOX 1975 2800 COTTAG W� OROVILLE CA 95966 OROVILLE CA 95965 SAC 825 3TEELE LAURIE J COX PAUL V ROMERO GODFREY D&ROSE ETAL 11 YELLOW HAMMER DR 6795 BRIGGS DR 410 VIA PRIMAVERA DR OROVILLE CA 95966 SACRAMENTO CA 95828 SAN JOSE CA 95111 SLAM WILLIAM R IV&STEPHANIE M HART GUY G JR ESTATE ETAL CAROLSON TED 8250 LOWER WYANDOTTE RD PO BOX 5215 8850 AUBURN FOLSOM RD OROVILLE CA 95966 OROVILLE CA 95966 GRANITE BAY CA 95746 RUVALCABA EFRAIN R&TERESA R GOMEZ JOHN&GLORIA E ROBINSON SPENCER&RENEE TRUST 10150 AHART RD P 0 BOX 858 PO BOX 1620 OROVILLE CA 95966 PALERMO CA 95968 OROVILLE CA 95965 NHLKON RAYMOND AYE PETER C&ANITA FAMILY TRUST ROBINSON SPENCER&RENEE T UST 8138 LOWER WYANDOTTE RD 485 MARIPOSA AVE PO BOX 1620 OROVILLE CA 95966 MTN VIEW CA 94041 OROVILLE 965\ ^r GARCIA FRANK BYLER TIMOTHY JONI &IDA MAY MOORETOWN RANCHERIA 8036 JACKSON AVE 6350 LOWER WYANDOTTE RD 1 ALVERDA DR RIVERBANK CA 95367 OROVILLE CA 95966 OROVILLE CA 95966 ?A-6 USA/MOORETOWN RANCHERIA MAIDU. 2800 COTTAGE WAY 3ACRAME 958�5Cc�- �P MCNICHOLS GERALDINE ETAL OT. . 5070 LOWER WYANDOTTE RD OROVILLE CA'95966 U S A IN TRUST FOR MOORETOWN 1824 TRIBUTE RD.STE J SACRAMENTO CA 95841 USA/MOORETOWN RANCHERIA MAIDU 2800 COTTAGE W SACRAM 1 CAW Monte Vista Ave J q C m p m 5 Nrssen RanUi Rd;" �, p - m Via Canela g Via Laton , 63 RJW_2L4H_Voa MDR to RTL G- eAlverdaOr RR -5. pphir Rd {a�� B (oW e'h Project Site eeler ve Wheeler Ave \o ,Ra �a 0 Qa�m� Self Ln L LDR ron brse Orovllle Sphere of Influence Pinecrest Rd DR Pin crest cc •0°TTf•. ZONING o 4=0 900 1.800 2,700 3.01 • • Map created by: N Butle REZ15-0001 (Mooretown Raneheria) DevelopmenlCouService Department •cOUNS� 7 County Center Drive,Oroville.Ce.95965 A final building permit for constructed parking lot improvements was issued by Butte County on October 22, 2002. The proposed project meets the criteria for a Class 1 Categorical Exemption pursuant to Section 15301, Existing Facilities, of the California Environmental Quality Act (CEQA) Guidelines. Staff recommends that the Planning Commission adopt the attached resolution finding the. project to be Categorically Exempt from CEQA and recommending that the Board of Supervisors approve Rezone REZ15-0001(Mooretown Rancheria) to repeal the May 22, 2001 Conditional Zoning Agreement(CZA). PROJECT DESCRIPTION/SITE CHARACTERISTICS: ■ The subject property is a 5.16-acre parking lot for the Feather Falls Casino, located at the southeast corner of Alverda Dr. and Feather Falls Blvd., south of the Feather Falls Casino. • A Conditional Zoning Agreement approved May 22, 2001 includes conditions of approval and mitigation measures applicable to construction of the parking lot. • At the time the CZA was approved in 2001 the Parking Lot property was conditionally zoned C-1. • Adoption of the General Plan Land Use Map and Zoning Map in 2010 and 2012 respectively, re-designated and rezoned the parking lot LDR (Low Density Residential). Adoption of the Zoning Ordinance in 2012 (Ord. No. 4062) included the following provision regarding the applicability of conditional Zoning: "Conditional Zoning. The Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement established between the County and an applicant prior to the effective date of the Zoning Ordinance. All uses under the Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the zone." (BCC §24-5 (E.)) • In order to rescind the 2001 Conditional Zoning Agreement, a rezoning of the property must be approved. The current LDR zoning designation would remain after the proposed rezoning. • The casino and parcels surrounding the parking lot parcel are already in trust status for the Mooretown Rancheria Concow Maidu and therefore are not subject to local land use designations. The Tribe has indicated their intent to also have the parking lot parcel placed into trust status. The repeal of the 2001 CZA would remove a specific encumbrance that the Federal Government has identified as an impediment to accepting the property into trust on behalf of the Tribe. • A final building permit for constructed 2arking lot improvements was. issued by Butte County on October 22 2002. The parking lot's consistency with conditions of approval and mitigation measures relative to construction were checked and confirmed prior to approval of the final building permit. ■Butte County Department of Development Services■ ■March 26,2015■Agenda Report—Mooretown Rancheria REZ15-0001 ■Page 2of4■ 2 s' e 7�� �- BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT— MARCH 26, 2015 Applicant: Mooretown Rancheria of the Location: The Feather Falls Casino Concow Maidu Tribe parking lot, located at the, Owner: same southeast corner of Alverda. Dr. and Feather Falls Blvd., south of the Feather Falls Casino File#: REZ15-0001 Parcel Size: 5.16+acres Request: A rezone to repeal the May Supervisor 22, 2001 Conditional Zoning District: 1 Agreement between the Mooretown Rancheria Planner: Stacey Jolliffe Concow Maidu, a federally- Principal Planner recognized sovereign Indian tribe, and the County of Butte, thereby removing encumbrances to the subject property G.P.: Low Density Residential Attachments: Zoning: LDR(Low Density A: Resolution forwarding a Residential) Recommendation to the Board of Supervisors °T Zone Date: December 6, 2012 B: Draft Ordinance Amending Butte County Zoning Map APN: 079-230-015 C: Zoning Map; Ownership Map D: May 22, 2001 Conditional Zoning Agreement E April 30, 2013 Letter from �� BC DDS to Mooretown n i 21, Rancheria EXECUTIVE SUMMARY: This project, Rezone REZ15-0001 (Mooretown Rancheria), is a request to repeal the May 22, 2001 Conditional Zoning Agreement between the Mooretown Rancheria Concow Maidu, a federally- recognized sovereign Indian tribe and the County of Butte. Repeal of the Conditional Zoning Agreement, including conditions, and mitigation measures applicable to construction of the Feather Falls Casino parking lot, would remove encumbrances to the approximately 5.16-acre parking lot, being held in trust by the United States on behalf of the Tribe. ■Butte County Department of Development Services■ ■March 26,2015■Agenda Report—Mooretown Rancheria REZ15-0001 ■Page 1 of 4■ A•final building. permit for constructed parking, lot improvements was issued by Butte County on October.22, 2002. The proposed project meets the criteria for a Class 1 Categorical Exemption .pursuant..to Section 1.5301, Existing�Facilities, of,the Calif6mia'Environmental Quality Act (CEQA) Guidelines.:, Staff recommends that the Planning Commission adopt the-attached resolution finding the project to- be Categorically Exempt from; CEQA- and recommending that the Board of Supervisors approve :Rezone=REZ15=0001(Mooretowm Rancheria) to repeal the May 22, 2001 Conditional Zoning Agreement(CZA). PROJECT DESCRIPTION/SITE CHARACTERISTICS: The.subject property,is a 5.16-acre parking lot for the Feather Falls Casino, located at the southeast corner-of Alverda.Dr. and Feather Falls Blvd., south of the Feather Falls Casino. • A.Conditional Zoning Agreement approved May 22; 2001 includes conditions of approval and mitigation measures applicable to construction of the parking lot. • At the time the CZA was approved in 2001 the Parking Lot property was conditionally zoned C-1. • Adoption of the General Plan Land Use Map and Zoning Map in 2010 and 2012 respectively, re-designated and rezoned the parking lot LDR (Low Density Residential). Adoption of the Zoning Ordinance in 2012 (Ord. No. 4062) included the following provision regarding the applicability of conditional Zoning: "Conditional Zoning. The Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement established between the County and an applicant prior to the effective date of the Zoning Ordinance. All uses under the Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the zone." (BCC §24=5 (E.)) • In order to rescind the 2001 Conditional Zoning Agreement, a rezoning of the property must be approved. The current LDR zoning designation would remain after the proposed rezoning. • The casino and parcels surrounding the parking lot parcel are already in trust status for the Mooretown Rancheria Concow Maidu and therefore are not subject to local land use designations. The Tribe has indicated their intent to also have the parking lot parcel placed into trust status. The repeal of the 2001 CZA would remove a specific encumbrance that the Federal Government hasidentified as an impediment to accepting the property into trust on behalf of the Tribe. • A final building permit for constructed parking lot improvements was issued by Butte County on October 22, 2002. The parking lot's consistency with conditions of approval and ■Butte County Department of Development Sen ices■ ■March 26,2015■Agenda Report—Mooretown Rancheria REZ15-0001 ■Page 2of4. • s ANALYSIS General Plan Consistency .The project was reviewed for consistency with-the-policies of the General Plan. The following policies appear to be of particular relevance to the subject property: Goal COS-15 Ensure that new development does not adversely impact cultural resources. No.new development is contemplated with REZ15-0001. The project is the repeal of the conditional zoning agreement for a developed parking lot for the Feather Falls Casino. Goal COS-16 Respect Native American culture and planning concerns COS-P16.1 County staff shall participate in a dialog with local Native American-tribes to collaborate on tribal land use plans. Repeal of the Conditional Zoning Agreement, as requested by REZ15-0001, is consistent with Goal COS-16 and COS-P16, as the repeal removes encumbrances to the property being held in trust for the Tribe. COS-P16.2 Impacts to the traditional Native American landscape'shall be considered during California Environmental Quality Act or National Environmental Protection Act review of development proposals. The subject property, a developed parking lot, is not a traditional landscape.. Practical Effect The practical effect of the REZ15-0001 is relatively minor. It would remove conditions of approval and mitigation measures applicable to the Feather Falls Casino parking lot, through repeal of the CZA which placed those restrictions on the property. The project site area has been constructed with parking lot improvements consistent with the CZA. A final building permit for.constructed parking lot improvements was issued by Butte County on October 22; 2002. The parking lot's consistency with conditions of approval and mitigation measures relative to construction were checked and confirmed prior to approval of the final building permit. ENVIRONMENTAL REVIEW/CEQA ISSUES • As noted above, the project site area has been constructed with parking lot improvements consistent with the CZA. • CEQA prompts analysis of impacts to the physical environment. Where a project will not have a direct physical effect on the environment, or a reasonably foreseeable indirect effect, that project is likely to meet the criteria for a CEQA exemption • REZ15-0001 would result in no change to the physical environment, but rather would remove encumbrances to the parking lot associated with the CZA's conditions of approval and mitigation measures. ■Butte County Department of Development Services■ ■March 26,2015 ■Agenda Report—Mooretown Rancheria REZ15-0001 ■Page 3of4■ 4, • This:projecu-'has--been.determined;to-'be.exempt from the California Environmental Quality Act (CEQA) 'provisions: under. Categorical Exemption Class 1 (section, 1.5301 of the CEQA Guidelines)Existing Facilities: Class-h-consists. of the.operation, repair, maintenance, permitting, leasing, licensing, or minor-alteration"of-existing public or private structures, facilities;mechanical:equipment, or topographicalfeatures; :involving negligible .or no expansion of'use beyond that is existing at the time of the.leadagency's determination. The types of"existing facilities" iteriuzed�below"are°,not-intended to,be-all:inclusive of the types of projects which might fall,within.Class�1.°The,key-consideration.is whether the project.involves negligible or no expansion-of an existing use. LOCAL AGENCY REVIEW .9 Butte County Departments and other Agencies were notified"of-the proposed rezone and had no comment. PUBLIC COMMENT • No public comment.was-received as of the time this report was published. i ■Butte County Department of Development Services■ .March 26,2015■Agenda Report—Mooretown Rancheria REZ15-0001 ■Page 4of4■ Resolution No. PC A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING THE BOARD OF SUPERVISORS APPROVE REZONE REZ15-0001 REPEALING THE MAY 22, 2001 CONDITIONAL ZONING AGREEMENT BETWEEN THE MOORETOWN RANCHERIA CONCOW MAIDU,A FEDERALLY-RECOGNIZED SOVEREIGN INDIAN TRIBE,AND THE COUNTY OF BUTTE WHEREAS, on May 22, 2001 a Conditional Zoning Agreement (CZA) between the Mooretown Rancheria Concow Maidu, a federally-recognized sovereign Indian Tribe, and the County of Butte was approved relative to a+5.16—acre property,APN 079-230-015!('subject parcel' or'subject property'), which zoned the subject parcel to C-1 (Light Commercial), subject to conditions and mitigation measures imposed on parking lot development;and WHEREAS, parking lot improvements were constructed on the subject property and were issued a final building permit for light poles,electric,and water piping on October 22,2002;and WHEREAS, on October 26,2010 Butte County adopted a new General Plan,including a new General Plan Land Use Map which re-designated the subject property to a LDR Low Density Residential land use designation on the Butte County Land Use Map;and, WHEREAS,the Butte County Board of Supervisors adopted a Zoning Ordinance Update on November 6, 2012 under.Ordinance#4050 which rezoned the subject property to LDR Low Density Residential;and, WHEREAS, the General Plan EIR (SCH #2008092062) was certified on October 26, 2010 by the Butte County Board of Supervisors (Resolution 10-150) and the Zoning Ordinance Update Supplemental EIR (SCH #2012022059) was certified on November 6, 2012 (Resolution 12-123); and, WHEREAS, the Zoning Ordinance Update specifically provided that established Conditional Zoning Agreements were not modified by adoption of the update,specifically: The Zoning Ordinance shall not interfere with, repeal,abrogate,or annul any Conditional Zoning Agreement established between the County and an applicant prior to the effective date of the Zoning Ordinance. All uses under the Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the zone." (BCC§24-5 (E.));and WHEREAS,the Mooretown Rancheria of the Concow Maidu Tribe filed Rezone application REZ15-0001 on January 26, 2015 with the Butte County Development Service Department requesting that the County repeal the Conditional Zoning Agreement approved May 22, 2001, thus removing encumbrances to the subject property that have interfered with the subject property being taken into trust status by the Federal Government on behalf of the Tribe;and Page 1 of 3 WHEREAS,:a duly notified public hearing was held on March 26,2015;and WHEREAS,the Butte County Planning,Commission reviewed and considered the information in the staff reports,and all oral and written testimony presented to the Planning Commission;and WHEREAS, an Environmental Assessment (EA) under the National Environmental Policy Act(NEPA) was prepared circa 1999 by Mooretown Rancheria for the Proposed Conveyance of Fee Property to Federal Trust and Development of a"Cultural. Center, A RV Park, Casino Over-Flow Parking and Associated Infrastructure,Mooretown Rancheria, Butte County,California; and the EA identified.no cultural impacts from the Casino project inclusive of the Casino Over-Flow Parking which is generally coterminous with the subject property,APN 079-230-015;and, WHEREAS; REZ15-0001 is categorically exempt from CEQA under section 15301 of the CEQA Guidelines as an existing facility consisting of the"operation repair, maintenance, permitting, leasing, licensing,or minor, alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing (emphasis added)" because,the subject property is currently developed as a parking lot and will continue with no change or-expansion of use after the Conditional Zoning Agreement is repealed;and NOW,THEREFORE, BUT RESOLVED,that the Planning Commission hereby recommends to the Board of Supervisors the following findings: 1. Notice of the Planning Commission hearings on the proposed Rezone and categorical exemption, was given as required by law and the actions were conducted in accordance with CEQA, and the State CECIA Guidelines. 2. All individuals, groups and agencies desiring to comment were given adequate opportunity to submit oral and written comments on the proposed Rezone and the categorical exemption. 3. The-proposed adoption of the Rezone is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860 4. The proposed adoption of the Rezone is not inconsistent with other applicable provisions of the Zoning Ordinance. 5.. Proposed adoption of the Rezone is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the proposed uses and development will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large. 6. The proposed Adoption of the Rezone does not jeopardize the health,safety, and welfare of the County. Page 2 of 3 Y DULY PASSED AND,ADOPTED this 26th day of March;2015,-by the following vote: -AYES: NOES: ABSENT: ABSTAIN: Rocky Donati,Chair Planning Commission County-of Butte,State of California ATTEST: Tim Snellings,Secretary Planning Commission. County of Butte,State of California Page 3 of 3 1 2 AN' ORDINANCE.ADOPTING REZONE REZ15-0001 (MOORETOWN-RANCHERIA) 3• REPEALING'•ORDINANCE NO. '3724, • 4 PURSUANT TO CHAPTER 24y ARTICLE 3.8, OF THE,BUTM COUNTY CODE 5 The Board of Supervisors of .the County .of Butte ordains as follows: 6A _Section 1. .Ordinance•No. 3724, An Ordinance Zoning'A Portion Of The Count 7- Of .Butte,, State. Of California, An C-1 (Light Commercial.) District, Pursuant T 8 . Section 24-25.40 is hereby .repealed. 9 Section 2. Severability. If any provision of this Ordinance or the 10 application thereof to any person or circumstances is for any reason held to b 11 invalid by a court of competent jurisdiction, such provision shall be deemed 12 . .severable and the invalidity thereof shall not affect the remaining provisions 13 or applications of the ;Ordinance which can be given effect without the invalid 14 provision or application thereof. 15 Section 3. • Effective Date and Publication'. This Ordinance shall take 16 effect .thirty (30) days after the date of its passage. The Clerk of the Boar 17 . of Supervisors is authorized and directed, before the .expiration of fifteen 18 (15) days after its passage, to publish this Ordinance once, with the names o 19 the members of the Board of Supervisors voting for and against it, in the 20 a newspaper published in the County of Butte, State of California. 21 22 23 24 25 26 27 28 Page - 1 1 PASSED -AND.ADOPTED by. the Board' of Supervisors of the County of Butte,, 2 State of California, on-.the day of 2015, by the following vote: 3 AYES: 4 NOES: i 5 ABSENT: 6 NOT VOTING: 7 8 Doug Teeter, Chair of the 9 Butte County Board of Supervisors 10 11 12 ATTEST: 13 PAUL HAHN, Chief Administrative 14 Officer and Clerk of the Board 15 16 17 18 By 19 Deputy 20 21 22 23 24 25 26 27 28 Page - 2 1' Attachment A 2 The Mooretown-Ra•ncheria.:P,ar„king Lot (aka .Feather Falls Casino Parking Lot)” 3 herein.called- the ."Proper.ty situated in the.County of Butte, which Property is described as follows: 4 .,Being., a portion of Parcel :2, as shown on that certain parcel map for 51 Thomas A. Poole and Manuela' .G. Poole,, which map- was recorded in the Office of the .Recorder of the Courity of Butte, State of California, on April 30, 1990 6in Book 119' o.f:.Maps, atfpa:ges 28, 29, and 30, located in the NW 1/4 of Section. 34, T19N, R4E, MDB&M; in the County of Butte, State of California, 7 being-more particularly described as follows: 8 Beginning at the NW.comer of said Parcel 2, said point also being the centerline. of Alverda Dr•:ive;. thence S 09° 38' 12" E a distance of371.41 ft., 9 : along. the westerly line bf said .Par.cel 2; thence N,890 57' 33" E a distance of 127.96 ft., leaving said westerly line of said Parcel 2; thence S 000 02' 10.. 27" E a°. distance of: 65`;.00. ft. ; thence N 89° 57' 33" E a distance of 295.00 ft.; thence N 00.° 02' 27" W a distance of 65.00 ft.; thence N 89° 57' 33" E a 11 distance of 138.00 ft.; thence N• 000 02' 27" W a distance of •119.67 ft.; thence .N 890 .5.7' 33" E a distance of 65.00 ft. ; thence N 000 02' 27" W a 12 distance of 212.67 ft. more or less to a point on the northerly line of said Parcel .2 and the centerline of Alverda Drive; thence N 88° 23' 15" W a 13distance of 304.97 ft. along said northerly line and the centerline of Alverda Drive to the beginning of a 5000 foot radius curve concave northerly; 14. thence along said 5000, foot radius .curve to the right, for an arc length of299.47 ft. through a central angle of030 25' S4"; thence N 840 57' 21" W a 15 distance of 84.45 ft. more or less to the point of beginning and the end of said description. 16 Containing 5.45 acres, more or less. 17 18 19 20 21 22 23 24 25 26 27 i 28 Page - 3 i Monteyvirsta t�fissen Ranch':.12d � -�� �- � z 1� ®� I IVIpR HEN, D Alverda Dr na s O161 Irori'Horseln z k, e rOrovtlle Sphereof'InFluence Pyne Yra tnerX��xr�ae;a4�eJx Boom Wo rR y3 B&BI s � 3 t4_1 V,affl x'r°<VIEWS., 700� 1 -00 - §4 80 � - MBPyae wed R�EZ15-000�1�°(Mooretown .RancheriPa;) ��°may . ,•1CO .�•d , Development Serytees�DepaAmenl(� �� IIII IX ' ::.. U M-.` _ � _- :b. -. - - 7 C.ounty"Center Ortve;Oro.(IIe�Ca n95985; •• � f 3 _ r�..3 ^.•+'' Y "Eula a'�cBEk? :'�, y -�.a `Q3JTig���3kA. ml .'8+d� .. g,� �� �` SSa �tti A.i: � e/b7{� ISI•» 4• .�Pp ��r :$�?� 1.*:�� �ti -�� �I�s`s���^.w 5� � Iia 3•!, R uta�'¢, 49Srew 1 n. -'``�4`yv'F, '�` -.G •c C 'l c ','}�. Y ' `«'!�Tt+1t��0"' 37 `d".�•if' `� p .�3'�b���. 1'-S*�v� � P T:"( �� 1•�Y V'w 01 WHERE Mk" �� .rm INA iF rim 5 W- 011 OR :W11:.4L"• 1! �..'•,.,.� �` c' 1.� ON w a ,!, ORDINANCE NO. 3724 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF `BUTTE, STATE OF CALIFORNIA, AN C-1 (LIGHT COMMERCIAL) DISTRICT, PURSUANT TO SECTION 24-25.40. 1 The Board of Supervisors of the County of Butte, State of California, 2 under and pursuant to Section 24-25.40 of the Butte County Code of said County, 3 ORDAINS, as follows: 4 SECTION I. The hereinafter described area situate in the County of 5 6 Butte, State of California, shall be and it is hereby zoned as an C-1 (Light 7 Commercial) District, and such area shall be subject to the restrictions and 8 restricted uses and regulations pursuant to Butte County Code Section 24-140. 9 Said area so zoned being located in the unincorporated area of Butte to County, Oroville area, more particularly described as follows: Il Being a portion of Parcel 2, as shown on that certain parcel map for 12 Thomas A. Poole and Manuela G. Poole, which map was recorded in the Office of the Recorder of the County of Butte, State of California, 13 on April 30, 1990 in Book 119 of Maps, at pages 28, 29, and 30, 14 located in the NW 1/4 of Section 34, T19N, R4E, MDB&M, in the County of Butte, State of California, being more particularly described 15 as follows: 16 Beginning at the NW corner of said Parcel 2, said point also being the centerline of Alverda Drive; thence S 090 38' 12" E a distance of 17 371.41 ft., along the westerly line of said Parcel 2; thence N 890 57' 18 33" E a distance of 127.96 ft., leaving said westerly line of said Parcel 2; thence S 00° 02' 27" E a distance of 65.00 ft.; thence N 890 57' 33" 19 E a distance of 295.00 ft.; thence N 000 02' 27" W a distance of 65.00 ft.; thence N 890 57' 33" E a distance of 138.00 ft.; thence N 000 02' 20 27" W a distance of 119.67 ft.; thence N 890 57' 33" E a distance of 21 65.00 ft.; thence N 000 02'27" W a distance of 212.67 ft. more or less to a point on the northerly line of said Parcel 2 and the centerline of 22 Alverda Drive; thence N 88° 23' 15" W a distance of 304.97 ft. along said northerly line and the centerline of Alverda Drive to the beginning 23 of a 5000 foot radius curve concave northerly; thence along said 5000 foot radius curve to the right, for an arc length of 299.47 ft. through a 24 central angle of 03° 25' 54"; thence N 84° 57' 21" W a distance of 25 84.45 ft. more or less to the point of beginning and the end of said description. 26 Containing 5.45 acres, more or less. ' SECT.IOU2. Conditional Zoning: The zoning reclassification enacted 2x by,thi ;ordinance is-subject to;condition(s) imposed pursuant:to Butte County Code 3 Section,24-25.40,.subsections (c) and (d). The conditions are, as specified in a 4 .• .Conditional Zoning:Agreement to be signed by,the'Owner(s) of-the property and by _s the;County. Said.Agreement shall be in substantially the form attached hereto as 6. Exhibit A. The description of the property which is the subject of this rezoning shall $ be the same in the Agreement as set forth in Section I above. The Chairman of the ,,. 9 Board of Supervisors=is authorized and directed to sign the Agreement on behalf of to the County of Butte. 11 SECTION 3. This Ordinance shall be and it is hereby declared to be 12 in full force and effect from and after thirty (30) days after the date of its passage, 13 and before the expiration of fifteen (15) days after its passage, this 14 15 Ordinance shall be published once with the names of the members of the Board of 16 Supervisors voting for and against it in the Oroville Mercury, a newspaper published 17 in the County of Butte, State of California. 18 PASSED AND ADOPTED by the Board of Supervisors of the 19 County of Butte, State of California, on the 22nd day of May , 2001, by the 20 ' following vote: 2]. AYES: Supervisors Beeler, Houx, Yamaguchi and Chair Josiassen 22 23 NOES: Supervisor Dolan 24 ABSENT: None 25 NOT VOTING: None 26 1 U 'JOSIASSER CHAIRMAN County Boa rd''of.Supervisors 2 3 ATTEST: JOHN S. BLACKLOCK, Chief Administrative 4 Officer and Clerk of the Board 5 6 By 7 8 i 9 10 11 12 13 14 15 16 17 18" 19 20 21 22 23 24 25 26 r:. Recording,Requested:B.y, County.of Butte :f= 'And When Recorded Return to Clerk'of the Board of Supervisors 25 County,Center Drive 'Oroville, CA 95965 ` £ONDITIONAL.ZONING AGREEMENT THIS AGREEMENT.made this day of ,2001,by and between lMooretown Rancheria"Concow:Maidu; a federally,recognized-sovereign Indian tribe,herein 'called "Owner", and!the,KCOUNTY OF BUTTE,-a political='subdivision of the State of California,herein called "County". WITNESSETH WHEREAS, Owner is the owner of real property, herein called the "Property",situated in'the:County of Butte, which Property is described,as follows: Being a portion of.Parcel 2,as shown on that certain parcel map for Thomas A.Poole and Manuela G.Eoole,which map mas recorded in the Office of the Recorder of the County of Butte,!.State of California, on April 30, 1990 in Book 1`19 of Maps, at pages 28;29, and-30,located in the NW 1/4 of Section'34,T1 9N,R4E,MDB&M, , in the County:of.Butte; State of California, being more particularly described as follows: Beginning at the NW corner of said Parcel 2;said point,also being the centerline of Alverda Drive;thence S 090 38' 12"E a distance of(371.41 ft.,along.the westerly line ' of said Parcel 2;:thence N 8905733"E a distance of 127.96 ft.,leaving said westerly line of said Parcel 2;thence S 00°02'27"Ea distance of 65.00 ft.;thence N 89°57' 33"E a distance of 295.00 ft.;thence N 00°02'27"1 W a distance of 65.00 ft.;thence N 890 57'.33"E a distance of 138.00 ft.;thence.N 00°02'27"W a distance of 119.67 ft.;.thence N 899 5733"E a distance of 65:00-ft.;thence N.00°-02'27--W a-distance--.-------.-------- , ' of 212.67 ft..more or less to a point on the northerly line of said Parcel 2 and the centerline of Alverda Drive; thence N 88°23' 15 }W a distance of 304.97 ft. along said northerly,line and the"centerline of Alverda Drive to the.beginning of a 5000 foot 't radius curve concave northerly;thence along said 5000 foot radius curve to the right, . for an arc length of 299.47 ft.through a cezitral angle of 03°25'54";thence N 84°57' ' 21" W a distance of 84.45 ft. more or less to the point of beginning and the end of said description. + Containing 5.45 acres, more or less. WHEREAS,the Property is now zoned AR(Agricultural Residential)and is designated as Low Density Residential by the Butte County General Plan;and s w• WHEREAS, Owner has.'applied for•a:reclassification of zoning of the .; Property from its present classification to C-1 (Light Commercial)'and for a re-designation from its present General Plan designation to Commercial; and WHEREAS,public hearings have been held upon said application before the Board of Supervisors of the County of Butte,State of California;and after having considered the matter-presented, the Board has determined that certain conditions to the zoning reclassification and General Plan re-designation of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to C-1 and General Plan re-designation to Commercial is being-granted and will be enacted by ordinance and resolution,respectively, the said reclassification and redesignation shall be subject to the following condition(s): I. This Agreement is made pursuant to Butte County Code Section 24-25.40 (c),between the property owner and County of Butte,and includes the following provisions: A. This C-1 (Light Commercial) zone shall be limited to use as a parking lot for the Mooretown Rancheria's Feather Falls Casino complex,which lot shall be constructed in accordance with the plan attached as Exhibit"A',and incorporated herein by this reference. B. In order to reduce the impact of light and glare on surrounding properties,all external lighting shall be directed downward and shall be contained within the parking lot boundaries. Light pole heights shall not exceed the mature height of the trees that are to be planted in the parking lot area. (Mitigation Measure#1) C. In order to soften the visual impact of the paved area,and to reduce heat gain on,the paved surface, the applicant shall provide a Landscaping Plan, conforming to the below list of requirements. This mitigation shall be incorporated by reference into this Agreement(Mitigation Measure#2): 1. In accordance with Butte County Code Section 24-240.10 (e), a total of 5 percent of the gross parking lot area(11,935 square feet)shall be devoted to landscaping. Each planter area shall be surrounded with a six-inch raised concrete curbing,or equivalent. 2. The parking lot shall be planted with trees of not less than 15 gallon size to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Trees shall be planted and maintained in planters or landscaped areas so that at tree maturity, 15 years from the date of this Agreement, at least 50 percent of the total paving area,not including driveway entrances, a " F 4 shallbe shaded as determined•by,a qualified-arborist or landscape architect. , The 5 percent:grossJorarea landscaping requirement identifed-in Item C.l may be exceeded.ifnecessary:tameet this requirement., ; i 3. An irrigation system shall be installed in ea'ch'separate planter and landscaped area. 4. The landscape 'and irrigation- plan; .consistent•;with the landscaping requirements.and:project.site plan; shalllie submitted to;and approved by; the Planning Division prior:to•grading,site development and issuance of any associated building permits. 5. All landscaped areas shall be maintained in a healthy and Thriving:conditions, free from weeds,,trash, and debris, at all,times. , I" ` D. In order to avoid fugitive-dust conditions,the applicant shall ensure that all.road and other construction:activities taking place during site-development are sufficiently -watered and/or.treated with a soil palliative. These measures will be carried out.to • the satisfaction of the Butte County Air Quality Management District. (Mitigation ation Measure#3) E. Due to the potential for soil-displacement througo,erosion during construction, all cuts and fills greater than:2-feet in height shall-be stabilized with a native grass seed mix or hydroseed application. The seed should be maintained for a period of two years to establish,stable soil conditions, and an 80 percent cover should be established at the end of two years. The Planning Division shall ensure compliance with this mitigation. (Mitigation Measure#4) F. Prior to site development and 'issuance of any.building permits, a plan .for a >permanent solution for drainage shall be. submitted.. to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on-site and,or conveyed to the nearest natural or publicly maintained drainage channel or facility so that:there shall be no increase in the peak _ flow runoff to said channel or facility. (Mitigation1 Measure#5) G. Trash receptacles;shall be maintained within the parking lot at all times. The receptacles shall be designed,into;the landscaping plan. The receptacles shall be serviced by Owner on a routine basis adequate-to keep the receptacles available for trash. I II. In the event Owner,any successor in interest of Owner,or any person in-possession of the Property, violates or•fails,to perform any of the conditions of this Agreement within thirty(30)days after notice thereof as provided in Paragraph 3,the Board of Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the,provisions of this Agreement. The Board of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it is now zoned or, any other suitable classification and-to redesignate the property to its present General Plan designation . III. Notice.of violation of any of the°provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as identified on the current tax roll. IV. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement,Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. V. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in.the same manner as.if they had.been expressly named herein. IN WITNESS'WHEREOF,the parties hereto have executed this Agreement the day and year fust above written. Dated: Mooretown Rancheria Concow Maidu,Owner By: Shirley Prusia,Tribal Chairperson COUNTY OF BUTTE, a political subdivision of the State of California Dated: By Curt Josiassen,Chair Butte County Board of Supervisors [Attach Notary form] s -Butte County Department`of Development Services. TIM.SNELLINGS;DIRECTOR'S PETE,CALARCO,ASSISTANT DIRECTOR ° O ! 7 County Center Drive . Oroville, CA 96966 0 (530)638-7601 Telephone ° (530)638-7786 Facsimile ° o www.buttecounty.netldds www.buttegeneralplan.net t ADMINISTRATION* BUILDING* PLANNING. April 30, 2013 i Mr. Gary Archuleta, Chairman Mooretown Rancheria Concow Maidu Tribe #1 Averda Drive Oroville, CA 95966 Subject: Mooretown Rancheria,APN: 079-230-016 Dear Chair Archuleta: On April 17, 2013, William Cornelius, Tribal Administrator for the Mooretown Rancheria visited the Department of Development Services and asked for clarification concerning the County's Zoning and General Plan :designation for the above-referenced parcel number. The subject property is currently developed as a paridng lot for the adjacent Feather Falls Casino and all contiguous parcels of land surrounding the subject property are in in trust for the Mooretown Rancheria of the Concow Maidu Tribe. The following information is provided to address the concerns set forth by Mr. Cornelius: On April24, 2001, the Butte County Board of Supervisors approved a General Plan Amendment for the subject property from "Low Density Residential"to "Commercial" and rezoned it from AR (Agricultural Residential) to.C-1 (Light Commercial) subject to a Conditional Zoning Agreement. All requirements of the 2001 Conditional Zoning Agreement;were satisfied by the Mooretown Rancheria. On October 26, 20101 the Butte County Board of Supervisors adopted the Butte County General Plan which designated the subject property "Low Density Residential. The property was rezoned to LOR (Low Density Residential)with the adoption of the current Zoning Ordinance on November 6, 2012. At the time the.General Plan and Zoning Ordinance were adopted, Butte County staff' believed the subject property was already in trust status for the Concow Maidu Tribe. It was not the Intent of Butte County to in any way create an encumbrance on the subject property that would prevent the property from being taken into trust status. Under the provisions of Section 24-5 (E.) of the Zoning Ordinance (Title 24 of Butte County Code), the 2001 Conditional Zoning Agreement continues to be in effect: Page 1 of 2 i ry E. Conditional Zoning. The Zoning Ordinance shall not,interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement established between the County and an applicant.'prior to the. ;effective date of the Zoning Ordinance. All uses under-'the Conditional Zoning Agreement will continue to, be. permitted, in addition to all uses allowed undeflhe zone: I hope this Getter provides the'clarification:sought by Mr. Cornelius. Should you have any questims."Ot I.may be of assistance, please-do not hesitate'to contact me at (530) 638-6572 or cthistlethwaite@buttecounty.net, Sincerely,. fiuc hi I' hw if Planning Division Manager :+ Cc: William Corneous, Trib'd Administrator Frank;Lauvrence,.Tribal Counsel'' Page�2 of 2 C14 EST FOR LEGAL SERVICIR Date Submitted: 02/13/2015 Department: DDS From: Pete Calarco (tp' Phone Number: x2167 Department Head Signature U// Contact Person: Stacey Jolliffe Phone Number: x6573 PLEASE INDICATE THE TYPE OF ASSISTANCE REQUESTED Opinion Request Briefly explain the issue: Please supply any relevant statutes, regulations, policies or ordinances that apply to your opinion request along with your analysis. If you do not supply-your analysis, your request may be returned. X_ Request for Ordinance/Resolution Briefly explain the nature of requested Ordinance/Resolution: Rezone to repeal conditional zoning agreement regarding Father Falls Casino Parking Lot for Mooretown Rancheria, thereby removing encumbrances to the subject property being held in trust by the United States on behalf of the tribe. Is there an existing Ordinance/Resolution: YES_X NO If yes, please attach or cite existing County Code provisions: Existing conditional zoning agreement is attached. Other, Briefly explain the assistance requested: PRIORITIZATION Indicate the priority of this request, taking into consideration any prior pending requests. Requests receiving a"high" priority will automatically take precedence over existing pending department projects, unless otherwise indicated. High_X Moderate Low Indicate due date when high priority For Agenda Items submitted less than 7 days prior to the department's requested return date provide the Comments/Exigent Circumstances justifying urgency: Has this been previously reviewed/or ongoing by County Counsel? Yes No If Yes,please provide reference no. or Name of Counsel FOR COUNTY COUNSEL USE ONLY Date Received: Attorney Assigned: Log Out Date: Rev 5/2009 1 • 2.; AN ORDINANCE •ADOPTING. REZONE REZ15-0001 (MOORETOWN' RANCHERIA,), 3 AMENDMENTS TO BUTTE COUNTY ZONING MAP, 4 ;•: CHAPTER 24 OF THE BUTTE COUNTY CODE 5 The Board of Supervisors of the County of Butte ordains- as follows_: 6 Section 1. Chapter..24, of the Butte County Code, Zoning Map is amended as 7 provided for under "ATTACHMENT A, Mooretown Rancheria (aka Feather Falls Casino) 8 Parking Lot", incorporated herein by reference. 9 Section 2. -Severability. If any provision of this Ordinance or the 10 application thereof. to- any person or circumstances is for any reason held- to be 11 invalid by a court of competent jurisdiction, such provision shall be deemed 12 severable and the invalidity thereof shall not affect the remaining provisions 13or applications of the Ordinance which can be given effect without the invalid 14 provision or application thereof. 15 Section 3. Effective Date and Publication. This Ordinance shall take 16 effect thirty (30) days after the date of its passage. The Clerk of the Boar 17 of Supervisors is authorized and directed, before the expiration of fifteen 18 (15) days after its passage, to publish this Ordinance once, with the names o 19 the members of the Board of Supervisors voting for and against it, in .the 20 a newspaper published in the County of Butte, State of California. 21 22 23 24 25 26 27 28 Page - 1 1 PASSED 'AND ADOPTED b.y- the Board of Supervisors of the County of Butte, 2 State .of,.California, on, the- day of 2015, by the following vote: 3 AYES: 4 NOES: 5, ABSENT: 6- NOT VOTING: 7 , 8 :s;' Doug Teeter, Chair of the 9 Butte County Board of Supervisors 10 11 12 ATTEST: 13 PAUL HAHN, Chief Administrative 14 Officer and Clerk of the Board 15 16 17 18 By 19 Deputy 20 21 22 23 24 25 26 27 28 Page - 2 1 Attachment A 2 The Mooretown Rancheria Parking Lot (aka Feather Falls-. Casino Parking Lot) " 3 herein called the "Property", situated in the County, of' Butte, which Property is described as follows: 4 Being a portion of Parcel 2, as shown on that certain parcel map for 5 Thomas A.. Poole and Manuela G. _ Poole, which- map was recorded in the Off ice-- of the Recorder of the County of Butte, State of California, on April. 30, 1990 6 in Book 119 of Maps,. at pages 28, 29, and•30, located in the. NW 1/4 of Section 34, 719N, R4E, MDB&M, in the County of Butte, .State of California, 7 being more particularly described as follows: 8 Beginning at the NW comer of said Parcel 2, said.point also being the centerline of Alverda Drive; thence S 090 38' 12" E a distance of371.41 ft. , 9 along the westerly line of said Parcel 2; thence N 890 57' 33" E a distance of 127.96 ft. , leaving said westerly line of said Parcel 2; thence S 00° 02' 10 27" E a distance of 65.00 ft. ; thenceN 89° 57' 33" E a distance of 295.00 ft. ; thence N 000 02' 27" W a distance of 65.00 ft. ; thence N 890 57' 33" E a ' 11 distance of 138.00 ft. ; thence N 00° 02' 27" W a distance of 119.67 -ft. ; thence N 890 57' 33" E a distance of 65.00 ft. ; thence 'N 00° 02' 27" W a 12 distance of 212.67 ft. more or less to a point on the northerly line of said Parcel 2 and the centerline of Alverda Drive; thence N 880 23' 15" W a 13 distance of 304.97 ft. along said northerly line and the centerline of Alverda Drive to the beginning of a 5000 foot radius curve concave northerly; 14- thence along said 5000 foot radius curve to the right, for an arc length of299.47 ft. through a central angle of03* 25' 54"; thence N 840 57' 21" W a 15 distance of 84.45 ft. more or less to the point of beginning and the end of said description. 16 Containing 5.45 acres, more or less. 17 18 19 20 21 22 23 24 25 26 27 28 Page - 3 ORDINANCE NO. AN.ORDINANCE ZONING A PORTION. OF THE COUNTY .OF BUTTE,-STATE OF CALIFORNIA, AN C-1 (LIGHT COMMERCIAL) DISTRICT, PURSUANT TO SECTION,24-25.40. 1 The Board of Supervisors of the County, of Butte, .State of Califarnia, 2 under and pursuant to Section 24-25.40.of the Butte County Code of said County, 3 ORDAINS, as follows: 4 SECTION 1. The hereinafter described area situate in-the County of 5 6' Butte, State of California, shall be and it is hereby zoned as an C-1 (Light 7 Commercial) District, and such area shall be subject- to the restrictions and 8.. restricted uses and regulations pursuant to Butte County Code Section 24-140. 9 Said area so zoned being located in the unincorporated area of Butte 10 County, Oroville area, more.particularly described as follows: 11 Being a portion of Parcel 2, as shown on that certain parcel map for 12 Thomas A. Poole and Manuela G. Poole, which map was.recorded in the Office of the Recorder of the County of Butte, State of California, 13 on April 30, 1990 in Book 119 of Maps, at pages 28, 29, and 30, 14 located .in the NW 1/4 of Section 34, T19N, R4E, MDB&M, in the County of Butte, State of California, being more particularly described 15 as follows: 16 Beginning at the NW corner of said Parcel 2, said point also being the centerline of Alverda Drive; thence S 090 38' 12" E a'distance of .17 371.41 ft., along the westerly line of said Parcel 2; thence N 890 57' 18 33" E a distance of 127.96 ft., leaving said westerly line of said Parcel 2;.thence S 000 02' 27" E a distance of 65.00 ft.; thence N 890 57' 33" 19 E a distance of 295.00 ft.; thence N 00° 02' 27" W a distance of 65.00 ft.; thence N 890 57' 33" E a distance of 138.00 ft.; thence N 000 02' 20 27" W a distance of 119.67 ft.; thence N 890 57' 33" E a distance of 65.00 ft.; thence N 000 02' 27" W a distance of 212.67 ft. more or less 21 to a point on the northerly line of said Parcel 2 and the centerline of 22 Alverda Drive; thence N 880 23' 15" W a distance of 304.97 ft. along said northerly line and the centerline of Alverda Drive to the beginning 23 of a 5000 foot radius curve concave northerly; thence along said 5000 foot radius curve to the right, for an arc length of 299.47 ft. through a 24 central angle of 03° 25' 54"; thence N 840 57' 21" W a distance of 84.45 ft. more or less to the point of beginning and the end of said 23 description. 26 Containing 5.45 acres, mare or less. 16 ,� } i I s " 1. SECTION2: :Conditional Zoning. The zoning4eclassification:enacted` 2.: :by.this,ordinance is.subjectto.co.ndition(s) imposed,pursuant to>Butte.County:Codb� 3 ! .: ;Section 24-25.40, subsections (c).and. (d). The conditions are a_s;-specified?iw9, 4 YConditionalZoning Agreements -be signed by the Owner(s)�of the property ,and:by, 5 i s. . .the County. Said.Agreement,shall ban substantially the form attacl ed=hereto as } # . Exhibit-A. The�description of the property which is the subjec0, is°rezoningshall �. .e{ be the same in the Agreement-as-set-.forth in Section-I above kThe Chairman,of the Board of Supervisors is authorized and'directed-ta'sign.the-Agreement on:behalf.of 10 the County of Butte. SECTION 3. This-Ordinance shall be and it is hereby declared to be 12 in full force and effect.from and after.thirty (30) days after the date of its passage, 13 and before the expiration of fifteen (15) days after its passage, this 14 . 15 Ordinance shall be published once with the names of the members of the.Board of 16. Supervisors voting for and against it in the Oroville Mercury, a newspaper published 17 in the County of Butte, State of California. 18 PASSED AND ADOPTED by the Board of Supervisors of the 19 County of Butte, State of California, on the day of , 2001, by the 20 following vote: 21 AYES: 22 23 NOES: 24 ABSENT: 25 NOT VOTING: 26 1 CURT JOSIASSEN, CHAIRMAN Butte County Board of Supervisors 2 3 ATTEST: : JOHN S. BLACKI.00K, Chief Administrative 4 Officer and Clerk of the Board 5 6 By 7 8 9 10 x1 12 13 14 4 15 16 17 18 19 20 21 22 23 24 25 26 Recording Requested By County of Butte And When R&corded Return to Clerk-of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this day of , 2001, by and between Mooretown Rancheria Concow Maidu,;a.federally recognized sovereign Indian tribe, herein called "Owner', and the COUNTY OF BUTTE,.a political subdivision of the State of California, herein called "County". WITNESSETH WHEREAS,' Owner is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described as follows: Being a portion of Parcel 2,as shown on that certain parcel map for Thomas A. Poole and Manuela G Poole,-which map was recorded in the Office of the Recorder of the County of Butte,'State.of;California, on April 30, 1990 in Book 119 of Maps, at pages 28, 29, and 30,-located in the NW 1/4 of Section 34, TI 9N, R4E, MDB&M, in the County.of Butte, State of California, being more particularly described as follows: Beginning at the NW corner of said Parcel 2, said point also being the centerline of Alverda Drive;,thence S 09° 38' 12" E a distance of 371.41 ft., along the westerly line of said Parcel 2; thence N 89°5733" E a distance of 127.96 ft., leaving said westerly line of said Parcel 2, thence S 00° 02'27" E a distance of 65.00 ft.; thence N 890 57' 33"E a distance of 295.00 ft.; thence N 00°02'27 W a distance of 65.00 ft.; thence N 89° 57'33" E a distance of 138.00 ft.; thence N 00°02'27" W a distance of 119.67 ft.; thence N 89° 57' 33" E a distance of 65.00 ft.; thence N 00"02' 27" W a distance of 212.67 ft. more or less to a point on the northerly line of said Parcel 2 and the centerline of Alverda Drive; thence N 880 23' 15" W a distance of 304.97 ft. along said northerly line and the centerline of Alverda Drive to the beginning of a 5000 foot radius curve concave northerly; thence along said 5000 foot radius curve to the right, for an arc length of 299.47 ft. through a-central angle of 03°25'54"; thence N 84°57' 21" W a distance of 84.45 ft. more or less to the point of beginning and the end of said description. Containing 5.45 acres, more or less. WHEREAS, the Property is now zoned AR (Agricultural Residential) and is designated as Low Density Residential by the Butte County General Plan; and WHEREAS, Owner has applied for a reclassification of zoning of the Property from its.present classification,to.0-1 (Light Commercial) and for a re-designation from its present General Plan designation to Commercial; and WHEREAS,publichearings have been held upon said application before the Board of Supervisors of.the.County of.Butte,State of California,and after having considered the matter presented, the Board has determined that certain conditions to the zoning reclassification and General Plan re-designation of said real property must be imposed so as not to create any problems inimical to the.health, safety and the general welfare of the .County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to C-1 and General Plan re-designation to Commercial is being granted and will be enacted by ordinance and resolution, respectively, the said reclassification and redesignation shall be subject to the following condition(s): I. This Agreement is made pursuant to Butte County Code Section 24-25.40 (c),between the property owner and County of Butte, and includes the following provisions: A. This C-I (Light Commercial) zone shall be limited to use as a parking lot for the Mooretown Rancheria's Feather Falls Casino complex, which lot shall be constructed in accordance with the plan attached as Exhibit"A",and incorporated herein by this reference. B. In order to reduce the impact of light and glare on surrounding properties, all external lighting shall be directed downward and shall be contained within the parking lot boundaries. Light pole heights shall not exceed the mature height of the trees that are to be planted in the parking lot area. (Mitigation Measure#1) C. In order to soften the visual impact of the paved area, and to reduce heat gain on the paved surface, the applicant shall provide a Landscaping Plan, conforming to the below list of requirements. This mitigation shall be incorporated by reference into this Agreement (Mitigation Measure #2): I. In accordance with Butte County Code Section 24-240.10 (e), a total of 5 percent of the gross parking lot area (11,935 square feet) shall be devoted to landscaping. Each planter area shall be surrounded with a six-inch raised . concrete curbing, or equivalent. 2. The parking lot shall be planted with trees of not less than 15 gallon size to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Trees shall be planted and maintained in planters or landscaped areas so that at tree maturity, 15 years from the date of this Agreementf least 50 percent of the total,paving area, not including driveway entran shall-be shaded as,deternuned by a qualified arborist or,landscape architect. The 5 peecentzgross-lot area landscaping requirement,identified in Item C.1 may,be exceeded if necessary to meet this requirement. 3. An irrigation system shall be installed in each separate planter and landscaped area. 4. The landscape and. irrigation plan, consistent with the landscaping requirements and project site plan, shall be submitted to, and approved by, the Planning Division prior to grading,site development and issuance of any associated building permits. 5. All landscaped areas shall be maintained in a healthy and thriving conditions, free from weeds, trash, and debris, at all times. D. In order to avoid fugitive dust conditions, the applicant shall ensure that all road and other construction activities taking place during site development are sufficiently watered and/or treated with a soil palliative. These measures will be carried out to the satisfaction of the Butte County Air Quality Management District. (Mitigation Measure#3) E. Due to the potential for-soil displacement through erosion during construction, all. cuts and fills greater than 2-feet in height shall be stabilized with a native grass seed mix or hydroseed application. The seed should be maintained for a period of two years to establish stable soil conditions, and an 80 percent cover should be established at the end of two years. The Planning Division shall ensure compliance with this mitigation. (Mitigation Measure#4) F. Prior to site development and issuance of any building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on-site and or conveyed to the nearest natural or publicly maintained drainage channel or facility so that there shall be no increase in the peak flow runoff to said channel or,facility. (Mitigation Measure#5) G. Trash receptacles shall be maintained within the parking lot at all times. The receptacles shall be designed into the landscaping plan. The receptacles shall be serviced by Owner on a routine basis adequate to keep the receptacles available'for trash. Ii. In the event Owner,any successor-in interest of Owner, or any person in possession of the Property, violates or fails to perform any of the conditions of this Agreement within thirty (30) days after notice thereof as provided in Paragraph 3, the Boa Of Supervisors of County may instruct the County Counsel to institute legal proceedings t enforce the provisions of this Agreement...The Board of Supervisors of County may.also, initiate proceedings.to rezone the property-to xhe classification to which it.is now zoned or :.any other suitable classification and to redesignate the property to its present General Plan designation . III. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address.of the then current owner as identified on the current tax roll. 1V. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement,Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. V. Each and every one of the. provisions :of this Agreement herein contained.shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. • i' IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Dated: Mooretown Rancheria Concow Maidu,Owner By: Shirley Prusia, Tribal Chairperson COUNTY OF BUTTE, a political subdivision of the State of California Dated: By Curt Josiassen, Chair Butte County Board of Supervisors [Attach Notary form] 2 i 'BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING The Butte County Planning Commission will conduct a public hearing on March 26, 2015, at 9:00 a.m. in the Butte County•Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, CA to consider the following: Project: Rezone REZ15-0001 (Mooretown Rancheria) a request to repeal a Conditional Zoning Agreement, including conditions, and mitigation measures, applicable to construction of the. Feather Falls Casino parking lot. A final building permit for constructed parking lot improvements was issued by Butte County on October 22, 2002. Location: The Feather Falls Casino parking lot is located at.the southeast corner of Alverda Dr. and Feather Falls Blvd:, south of the Feather Falls Casino APN: 079-230-015 Proposal: The applicant has requested a,rezone to repeal the May 22, 2001 Conditional Zoning Agreement between the Mooretown Rancheria Concow Maidu, a federally-recognized sovereign Indian tribe and the County of Butte,thereby removing encumbrances to the subject property being held in trust by the United State on behalf of the Tribe. The project is exempt from the California Environmental Quality Act (CEQA) per section 15301 of the CEQA Guidelines, Existing Facilities because, the subject property is currently developed as a parking lot and will continue with no expansion of use after the Conditional Zoning Agreement is repealed. Comments may be submitted to the Planning Division in writing at the address below any time prior to the hearing or orally at the meeting listed above, or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the Planning Commission at, or prior to the public hearing. The above mentioned application is on file and available for public viewing at the office of the Planning Division, 7 County Center Drive, Oroville, CA 95965. For information call or send an email to Stacey Jolliffe, Principal Planner, Butte County Development Services Department, at (530) 538-6573 or dol..lif(:e(a,,buttecourit�),.n.et:. BUTTE COUNTY PLANNING'COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES r►r r' r flow } ti�• !1 t � t ,, �► `� M t I" I rI _ _�l..er.,.:L• 61•�� 'tl�ib: I r S. 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