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-2V11/06 Vor Parcel Map 141/82 , 5heet 3,
V ieW from N.C. corner of Parcel 2 joward 5.14/.
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The arca��rcvrroy.5/y indicated 05 `1 ;*er -F/ow llner�
has been ,ea�.n��hafied -from + is�pu mel -by
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PROJECT SUMMARY SHEET
FILE NO.: COR 06-02
PROJECT TYPE: Certificate of Correction
APN: 072-070-021
APPLICANT: Cal Conley
ADDRESS: 6250 Minos Ranch Road, Oroville, CA 95966
PHONE: (530) 589-3779
OWNER: Same
ADDRESS:
REPRESENTATIVE:
ADDRESS:
PROJECT DESCRIPTION: Certificate of Correction to delete condition 1 of PM 146/2 recorded October 1998 at Book
146, Page 82 (TPM 97-21), and deleting the "no development zone" as reflected on the map
LOCATED: east side of Minors Ranch Road approximately 1/2 mile south of Oro -Quincy Highway (SP 162)
PROPERTY ZONED: A -R (Agricultural -Residential)
GENERAL PLAN DESIGNATION: LDR (Low Density Residential)
TOWN/AREA: Oroville
• r
1. Application accepted: 2/27/2006 Amount: $ 1265.00 Receipt #: 444549
2. Assigned To: Carl Durling
3. Comments sent to: Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner,
CDF, Building Manager, County Counsel
4. Sent to Inter -Departmental Review Committee (IDR):
5. Status Letter sent to applicant:
6. Date scheduled for IDR: 3/22/2006
,= 7. Comments received from:
8. Rezone Petition Signatures Checked:
9. Mailing List/Lead-in Sheet:
10. Environmental Determination:
State Clearinghouse No. Categorical Exemption-CEQA#
Negative Declaration
Mitigation Negative Declaration
Subject to Fish & Game: Environmental Impact Report
Gen. Rule Ex. — CEQA #
Other
J
11. Staff Report Project Video:
12. Clearinghouse circulation required: Yes No Date Sent to SCH:
13. Publication Notice Written: Display Ad Prepared:
14. Notices Mailed: Number of Notices:
15. Newspaper Publication Date: O C P G B
16.. Planning Commission Hearing(s): Action taken:
17. Board of Supervisors' Hearing(s): Action taken:
Board Resolution No.:. Ordinance No: Adopted:
18. Type Certificate of Correction, Send for signature:
19. N.O.E. / N.O.D. / APPE`NDIX G: Fish & Game Fees Paid: Yes No
20. Send validated Certificate of Correction:
21. Assessor's Memo:
22. Copy of Certificate of Correction to GIS: -
COUNTY OF BUTTE'
_ DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
7 County Center Dr., Oroville, CA 95965
(916) 538-7266
APPLICATION FOR CERTIFICATE OF CORRECTION TO AMEND MAP CONDITION
OWNER: �J
- MAILING ADDRESS: ✓) V.OV PZ,VYV^C'\ y )
{ �, ll.�- C q. PHONE: 31
LOTS OR PARCELS TO BE AMENDED BY CERTIFICATE OF CORRECTION:
AP NUMBER(S):�
SUBDIVISION/PARCEL MAP:
BOOK I `-f PAGE �' farce( 2. LOTS
In addition to any application fees which may be required, the following documents, as indicated, must be submitted
with this application:
1. Documentation of ownership showing all property owners.
2. Documentation from appropriate authority, authorizing proposed change.
3. Certificate of correction with proposed change signed by Land Surveyor or Registered Civil
Engineer.
4. Recording fees to record Certificate of Correction (Separate check made payable to Butte County'
Recorder). Ask Land Development Division for amount.'
OWNER'S SIGNATURE
Director of Development Services by:
RECEIPT NUMBER: FEE: L.D. PLAN EHD
BY: PUBLISH:
HEARING DATE: ,
10 DAY PUBLIC NOTIFICATION REQUIRED PRIOR TO HEARING.
LD 1540 (5/94)
RECORDING REQUESTED BY:
Robert C. Brooks
(Engineer or Surveyor)
AFTER RECORDING RETURN TO:
BUTTE COUNTY PUBLIC WORKS
LAND DEVELOPMENT DIVISION
7 County Center Drive
Oroville, CA 95965
WHEN RECORDED
FILE WITH MAP LISTED BELOW
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CERTIFICATE OF CORRECTION
FILE torr
I Robert C. Brooks , hereby state that the following corrections or additions to the
mapentitled Parcel Map by BBA Engineering filed October 1998
in Book 14 6 of Maps at Page(s) 82 , in the office of the Recorder, are made
by me in accordance with Section 66469 through 66472.1 of the Subdivision Map Act:
The area previously indicated as "Water Flow Line" on Parcel 2
has been eliminated from this parcel by construction of drainage
ditches along the east border and north border, to..divert flow to
the northwest corner, where flow goes to a culvert under Miners
Ranch Road, then to a channel on the west side of the road.
The area has been filled, graded, and graveled.
P— •a 2/21/06 0 no. 15140
(Signature and Seal of Engineer or Land Surveyor) Date 33//07
R.C.E or P.L.S. No. RCE 15. 140 CfiflL
Date of Expiration March 31, 2 o n y
CERTIFICATE OF COUNTY SURVEYOR:
This is to certify that the above Certificate of
Correction has been examined for compliance
with Section 66471 of the Subdivision Map Act.
Listed below are the present fee owners of the
property affected by the correction or addition:
Stuart Edell
Deputy County Surveyor Pursuant tD Section 66470 of the Subdivision Map
Act, listed below are the fee owners of the
property affected by the correction or addition, on .
,,. the date of filing of the original recorded map*
R.C.E. or P.L.S No. Date
Date of Expiration
D:\Land Dev\Forms\LD 1440 (4/03)
- , r COUNTY OF -BUTTE i
. DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
J 7 County Center Dr., Oroville, CA 95965
^ (916) 538-7266 y f.
OWNER:,
.APPLICATION FOR CERTIFICATE OF CORRECTION TO AMEND MAP CONDITION
DDRESS. e , 2 li n.yw�C O
l�� ��'��: �: ' _"V'SC (o PHONE: 3 7 `
a r t .,, �, , ►'
LOTS OR PARCELS TO BE AMENDED BY CERTIFICATE OF CORRECTION:
- -_.-- =z.,-., z. ._ �.-__.—_... .- -.i-• _ _T.._...,'� r.. �R-+.:f .W:'.. sit- 44 3 - • _ _
AP NUMBER(S):�`�
SUBDIVISION/PARCEL MAP: `
F
BOOK I '-f PAGE ` ., Z- 'e(' ` 2. LOTS +
i
In addition to any application fees which may tie required, the following documents, as indicated, must be submitted'
with this application: !
1. - Documentation of ownership showing all property, owners. j' , w
2-. Documents on from appropriate authority, authorizing proposed change. • , M ,
3. Certificate of correction -with .proposed change' signed by Land Surveyor or Registered Civil
Engineer. 1
4. Recording fees to record Certificate of Correction (Separate check made payable to Butte County
Recorder).. Ask Land Development Division for amount'' .
OWNERS SIGNATURE
Director of Development Services by: '
RECEIPT NUMBER: FEE: L.D. ^ PLAN EHD
BY: . PUBLISH:
HEARING DATE:
10 DAY PUBLIC NOTIFICATION REQUIRED PRIOR TO HEARING.
LD 1540 (5/94) _
.k RECORDING REQUESTED BY:
Robert C. Brooks
(Engineer or Surveyor)
AFTER RECORDING RETURN TO:
BUTTE COUNTY PUBLIC WORKS
LAND DEVELOPMENT DMSION
7 County Center Drive
Oroville, CA 95965
WHEN RECORDED
FILE WITH EMAP LISTED BELOW
SPACE ABOVE THIS LINE FOR RECORDER'S USE `
CERTIFICATE OF CORRECTION
j
Robert C . Brooks , hereby state that the following corrections or additions to the'
map.entitied Parcel Man by BBA Engineering filed October 1998
in Book 14 6 of Maps at Page(s) 82 , in the office of the Recorder, are made L
by me in accordance with Section 66469 through 66472.1 of the Subdivision Map Act:
The area previously indicated as "Water Flow Line" on Parcel 2
has been eliminated from this parcel by construction of drainage
ditches along the east border and north border, to divert flow to
the northwest corner, where flow goes to 'a culvert under Miners
Ranch Road, then to a channel on the west side of the road.
O
The area has been filled, graded, and graveled.
nn� m no. 15140
gn-�� e- • �A e e�b 2 / 21 / 0 6
(Signature and Seal of Engineer or Land Surveyor) Date 331/07
R.C.E or P.L.S. No. RCE 15,1406liiftt
Date of Expiration March 31, 2 n n
CERTIFICATE OF COUNTY SURVEYOR: Listed below are the present fee owners of the
This is to certify that the above Certificate of property affected by the correction or addition:
Correction has been examined for compliance
with Section 66471 of the Subdivision Map Act
StuartEdell
Deputy County Surveyor
Pursuant to Section 66470 of the Subdivision Map
Act, listed below are the fee owners of the
property affected by the correction or addition, on
goo the date of filing of the original recorded maps
R.C.E. or P.L.S No. Date
Date of Expiration '
D:\Land Dev\Forms\LD 1440 (4/03)
INTER -DEPARTMENTAL MEMORANDUM
PUBLIC WORKS DEPARTMENT
TO: . CARL DURLING, ASSOCIATE PLANNER
FROM: - ERIC SCHROTH, LAND DEVELOPMENT DIVISION
SUBJECT: DRAINAGE MODIFICATIONS TO APN 072-070-021
UP 06-08, COR 06-02, CAL AND DENISE CONLEY
DATE: JUNE 15, 2011
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On July 14, 2006, Carl Durling and I inspected grading and drainage diversion for the
above referenced project. The recorded Parcel Map shows two no development zones
through the parcel. A large no development zone runs approximately through the
center of the parcel from where it enters the east side to where it exits to the south. A
smaller no development zone runs along the northern parcel boundary. Per a required
mitigation measure to be shown as a note on the Parcel Map, no fill and/or excavation
shall be allowed within the no development zone.
During the site visit I noted that the larger no development zone through the center of
the parcel has been filled and that the smaller no development zone along the northern
parcel boundary has been excavated. In addition, fill has been pushed up around the
channel perimeter to divert storm drainage flow that runs onto the parcel from the east
and north and channel it to the northwest corner. The owner of the property confirmed
that some import fill had been used, but stated that most of it was moved from other
areas of the parcel. The onsite runoff appears to sheet flow to the no development
zone in the center of the property, which appears to be the low spot.
The owner of the parcel has applied for a certificate of correction due to a change in
circumstances regarding the drainage areas that were set aside as no development
zones. He contends that since the large drainage area through the center of the parcel
no longer exists due to his grading operations, the note restricting placement of fill
and/or excavation should be removed from the Parcel Map. The applicant supports his
position with the assertion that the drainage water through the center of the parcel was
from a leaking ditch maintained by South Feather Water and Power. Per the owner's
statement, South Feather Water and Power has not acknowledged that the ditch leaked
or was repaired, and no documentation has been provided from South Feather Water
and Power that confirms leakage or repairs. Our site visit was conducted in mid-July.
The abundance and types of actively growing vegetation around the perimeter of the
parcel to the east and north imply that an ample supply of water is available year-round
and is not consistent with the owner's assertion that the source of drainage water has
CADocuments and Settings\mmichelena\Local Settings\Temporary Internet Files\OLK19\INTER-DEPT MEMO Conley Site Visit 071406 (2).doc
been terminated. Standing water was noted in the perimeter ditch along the northern
parcel boundary and water was flowing onto the parcel in the northwest corner. The
perimeter ditch along the eastern parcel boundary was moist in some areas and
contained actively growing reeds.
Pursuant to county improvement standards, the Public Works Department does not
permit drainage to be redirected from one drainage area to another without written
agreement between all affected property owners. All drainage waters must enter and
exit the parcel at the same locations. By constructing a channel around the perimeter
of the parcel, the property owner is diverting the natural flow of drainage from the larger
drainage area through the center of the parcel to a smaller drainage area along the
northern boundary of the parcel. The larger center drainage is served by a 36 -inch
diameter culvert that crosses Miner's Ranch Road. The drainage modifications appear
to route the majority of the flow to a 24 -inch culvert crossing Miner's Ranch Road at the
northwest corner of the parcel. The Public Works Department is concerned that the
drainage modifications will increase runoff and flooding around and downstream of the
24 -inch culvert crossing Miner's Ranch Road.
Prior to recording the certificate of correction, the property owner shall submit
engineered plans and calculations to the Department of Public Works for review and
approval. The drainage plans shall detail pre-existing drainage conditions and shall
specify how drainage waters from the proposed development will be detained or
retained on-site and/ or conveyed to the nearest natural or publicly maintained drainage
channel or facility and shall provide that there shall be no increase in the peak flow
runoff to said channel or facility above the pre -development levels.
CADocuments and SettingsVnmichelena\Local Settings\Temporary Internet Files%OLK19\INTER-DEPT MEMO Conley Site Visit 071406 (2).doc
Page 1 of 1
Purling, Carl
From: Durling; Carl
Sent: Tuesday, August 29., 2006 9:4.0 AM
To: Snellings; Tim; Jolliffe, Stacey; Thistlethwaite, Charles; Fogel, Doug
Subject: RE: Sandblasting at Cal Connelly's
All .
Mr. Conley has an application in for a Use Permit to expand a nonconforming use. This application is
"incomplete" at this point because of the need for approval of a revision to the original Parcel Map which showed
a drainage setback area through the property. Mr. Conley has in process an application for a Certificate of
Correction to modify the original Parcel Map and condition.
As long as Mr. Conley stays within the area designated as nonconforming, his activities have been (over the past
four years) permitted.. All of this has been explained several times to Mr. Bailey, whose home is about 1,000 feet,
and two parcels, to the north and in the C-1 zone. The sandblasting is claimed by Mr..Conley to be part of the .
nonconforming maintenance activities of the nonconforming use.
I have had several conversations with Mr. Bailey regarding the Conley operations. I am not sure what agency
would address the dust (air quality) issue. I would think Environmental Health. No other complaints have been
submitted by adjoining property owners.
will be returning a call received from Mr. Bailey this morning.
Carl Durling
From: Snellings, Tim
Sent: Tuesday, August 29, 2006 9:03 AM
To: Durling, Carl; Jolliffe, 'Stacey; Thistlethwaite, Charles; Fogel, Doug
Subject: Sandblasting at Cal Connelly's
Carl/Doug:
I received a phone call from Roger Bailey (589-2054), a neighbor of Cal Connelly (UP 06-08). He is concerned
about people who store boats at this proposed operation sandblasting and adversely affecting everyone in the
vicinity. Doug, did EH evaluate this? If so, can you please call him and let him know what the answer is? Carl,
did,the applicant address this issue in anyway? Please let me know and please make sure to call Roger and give
him the -update, Thanks; Tim
Tim Snellings, Director
County of Butte
Department of Development Services
7 County Center Drive
Oroville, CA 95965
530-538-6821 (direct)
8/29/2006
RECORDING REQUESTED Bl
Robert C. Brooke _ . . +• `µ�k
Y (Engineer or Surveyor)
AFTER RECORDING RETURN TO:
BUTTE ODUN'TY PUBLIC WORKS t•
LAND DEVELOPMENT DMSION ,
7 County Center Drive 49
Orm le, CA 95965 ;
WHEN RECORDED y
FILE WITH MAP LISTED BELOW -
SPACE ADM THIS LINE FOR REODRDER'S USE
CERTIFICATE OF CORRECTION '
I Robert C. Brooks _._,,hereby state that the foikwvmg cmTecWm or additions to the
map _;Parrej Mate y'BBA •ngineeiine ,filed October 19.98
' In Book 146 of tis at Page(s) - 8 2 - In the office of the R_ axxter, are made
by me in accordance with Section 66469 tiuough 66472.1 ct the Subdivision Map Act~
Description ,changes as noted on the' attached I•;xh'bit A
' - and .map- plat Exhibit B
1
• ESS9Dgq
`'_ 4 � kRLES�e,
PA
No. 15140 y ,
Exp.
(Signalise and Seal of Ergrw or Land Surveyor) D& CIVIC
RCE or PA -S. No. RCE 15-140- OF
Date of BOration Ma r e h .31- _ 2 n n'7 - . r w • r ,
V
.. CERTIFICATE OF COUNTY. SURVEYOR: Usted below are the `pre.9ent° fee owners of the '
This is to certify that the above Certificate of.property-affected by the correction or addition:
Correction has ' been A examined for - compliance
with Section 66471 of the Subdivision Map Act Cal- and D e n i s e Con 1'e v
Stuart Edell
Deputy County Surveyor
Pursuant to Section 66470 of the Subdivision Map
Act, listed below are the fee owners of the .
property aff+ectied the cornet ioei or addition on ,
file date of fillnu of ft original
R.C.E. or P.LS No.
Date of Expiratiai .,
D;Wnd OMfornruD 140 (4103)
y
Robert C. Brooks, RCE 15,140
September 21, 2006
Certificate of Correction
Parcel Map by BBA Engineering, October 1998, Mapbook 146, page 82.
This Certificate of Correction is to eliminate the 200 foot wide Leachfree, No Development Zone
in Parcel 2 as shown on 146 M 82. The variable width Leachfree, No Development Zone, and the
Sewage Disposal Area on the north side of this parcel is retained, as shown on the attached map,
Exhibit B. A 50 foot leachfree area is created at the north end of the 110 ft. by 322.17 ft. Sewage
Disposal Area shown in Parcel 2, per Department of Environmental Health requirement.
Drainage runoff coming onto the parcel from adjacent easterly property owned by others has been
rerouted; a ditch along the east side of the parcel intercepts runoff, and continues to a ditch along the
north side, then to a 27 inch CMP culvert at the northwest corner which crosses Miners Ranch Road
and discharges into a natural drainage channel along the west side of the road.
An inlet in the east ditch also takes runoff runoff into 3 underground 4 inch perforated plastic pipes
which direct flow to the southwest and into a small pond on Parcel 1 (Separate owner) which lies in the
zone shown on the Parcel Map. Discharge from the pond goes to a 36 inch CMP crossing Miners
Ranch Road and discharges into the natural channel on the west side.
Most of the runoff coming through Parcel 2 now goes to the 27 inch culvert at the northwest
corner; estimate 90%. A small portion goes to the pond on Parcel 1. The total amount has not changed.
The properties opposite Parcel 2, and adjacent to the natural channel on the west side of Miners
Ranch Road are not adversely affected by the increase in flow coming in from the the 27 inch culvert.
Letters to verify this are concurrently filed with Butte County Land Development Division.
Q�pF E5510/�q
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EXHIBIT A
— _ — — — — — — EAST _ _ 783.20_
S 89. 56' 53- E 740.40'
30' BUILDIN(
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d ¢ I G E 01 , OSAL
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1 1
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0.00' - - I . �' 1
-30.00•
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4D.DD• f J _ PA R G E L 2
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10.00 AcresCA
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9
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_ 30' BUILDING SETBACK LINELL O
— -- -^' ---:-.rL EA'
H'FgF4
Iv 88°i("dC) �J 698. P$, - — 0 "- PARKA
10' BIIILOING SETUACK LINE
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— _ — — — — — — EAST _ _ 783.20_
S 89. 56' 53- E 740.40'
30' BUILDIN(
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d ¢ I G E 01 , OSAL
! A
1 1
I �I
0.00' - - I . �' 1
-30.00•
I
4D.DD• f J _ PA R G E L 2
Ck
-1
10.00 AcresCA
t
9
Jf m a
I I 3
_ 30' BUILDING SETBACK LINELL O
— -- -^' ---:-.rL EA'
H'FgF4
Iv 88°i("dC) �J 698. P$, - — 0 "- PARKA
10' BIIILOING SETUACK LINE
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5.31 Acres f
�I W
N O T A FA, R j O F C a f; R E: C -I I O Itl10
ml o
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z
30' BUILDING SETBACK LINE
s35.-
- 725.74' -
N 88' II' 49' R' (M, R) 845.83' (M) 845.79' (R)
1 N 88' 00' W 879.00' (R2)
S 87' 37. 18' E 875.84' (RJ) 875.89' (C)
30.06• (C) S 88- I1' 50" F. (R )
I 1
-Z
NOTES:
1. STRUCTURES, DUMPING, FILL MATERIAL. AND/OR
EXCAVATION 'SHALL NOT BE ALLOWED 1%%DNN IK
NO DEVELOPMENT ZONE AS CEPICIED.
2. THE BUILDING SETBACK FROM THE SIDE (Y !IIL
PNOPERIY LINES SHALL HL NOT LESS :WAN 3U
FEET,
3. FINE SUPPRESSON SPRINKLER SYSTEMS SHALL BE
INSTALLfU IN ALL NEW RESAIENIIAL SIRUCIURES
N ACCORDANCE 'ANTI THE NATIONAL FETE PROTECTIOIR
ASSOCIATION STANDARD FOR TIE INSTALLATION OF
SPRINKLER SYSTNS IN ONE AND IWO FAMILY D'AEWNC4
AND MOBILE HOMES, NFPA STANDARD 13D, UNLESS A
PRESSURIZED COLNMUIOIY WATER SYSTEM, Will,
HYDRANTS THAT MEET FIRE OEPARIMENT SPECtnCATIOIS,
SER vES THE PARCELS.
4 TIE SHER:FF'S FACILITIES IMPACT FEE SIIALL BE PAID.
PURSUANY TD THE PROVISIONS OF CtIAPTER 3. ARTICLE
II OF PIE -BUTTE COUNTY CODE, PRIOR TO THE ISSUACL
OF BULDINO PERMIT. SAID FEE. AMOUNT SHALL BE
DETERMINED AND CALCULATED AS OF THE DATE Of,
APPLICATION FOR BUILOING PERMIT.
5. ONLY ONE PERMANENT DWELLING UNIT S14ALL BE ALLOWED ON
PARCEL 2, AND NO ADOgONAL RESIDENAAL OWFII iHr LMIIS
SMALL BE ALLOWED ON PARCEL 1.
6. NO WATER WELL MAY BE LUCAILO WITHIN 100' OF THE
USABLE SEWAGE DISPOSAL AREA AS 51101AN.
7. ULVELOPMENT OF THESE PARCELS MAY NFOUTA£ PAYMENT
11410 TIC WATER TENDER FUND.
R. LIMIT SOL WORK TO PERIODS OF DRY WEATHER BETWEEN
APRIL IS AND NOVEMBER 15 UNLESS AN EROSION CONTROL
PLAN IS PREPARED BY A CIVIL ENGINEER OR ODNER OU.ALIFIF.D
PROFESSIONAL AND APPROVED BY THE PLANNING ONISION.
MULCH PROTECT. HYDaO-SEED. OR OTNERWISC STAB1171,
THE SOIL ON ALL AREAS THAT HAVE BEEN CISTURSED OR
HAVE RET
CL CARED OF VEBETA110N AND AkE OF ERCCIRLF
MATERIAL
9. CONSTRUCTION, INSTALLATION OR OEIf10PMENT OF SMdCTVRES
OR FACILITIES ON THE PARCELS SHALL COMPLY W11H THE
LATEST CALIFORNIA FIRE SAFETY REGULATIONS. (PUBLIC
RESOURCES CODE 4290). AND AL1 OTHER APPLICABLE S?ATt.
ANO COUNT"
OAN
CODES, CRNCES AND REGULATIONS IN
EFFECT kI TIE TIME OF APPLICATION FOR IAIPRCti:MCN1
PERMI IS.
10, BUILDING IDENTIFICATION AND/OR ADDRESS SHALL BE
INSTALLED IN CONFORMANCE VAIN PUBLIC RESOURCES CO"•E
4290 AND SHALL BE POSTED AT THE BEGINNING OF RUNORIC.
CONSTRUCTION AND MAINTAIRIFD IHEREAFIt,H,
THIS ADDITIONAL MAP SHEET IS FOR INFORMATIONAL
PURPOSES ONLY DESCRIBING CONDITIONS AS OF IHE
DATE OF FILING, AND IS NOT INTENDEV TO AFFECT
RECORD TITLE INTEREST.
AODMONAL MAP SHEET
PARCEL MAP
LOT 180 OF OAF.L UNIT NO. 5
Flied In Book 3 of Maps,Poges 37A & 38A
Sec. 18, T. 19 N., R. 5 E. MDB&M
Butte County, California
hor
L eroy Berry
NQ/ /NG
:Pea PaA Aw Guww CA 252ae (330) e34-1211 FAA (559) 53. -Anne
10/98 OBA47015 A.P. NO. 72-07-019 Shi.3 M 3 -1.
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State of California - Depart gIgrit of Fish and.Wildlife
2014 ENVIRONMENTAL ING FEE CASH RECEIPT
DFW7 53.5a (Rev. 09/13)
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY.'
LEADAGENCY
RECEIPT#
4.4 7 15 9
STATE CLEARINGHOUSE #(ifapplicabie)
COUNTY/ UATEAPENCY�
F!LIN
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PROJECTTM.E
PROD CTAPPLICANT NAME"
PROJECTAPPLICANTADDRE§S ICITY STAT
zrn
PROJECT APPLICANT. (Check appropriate box):
Local Public Agency ❑ Scho6l-District ❑
Other Special District ❑ State Agen
CHECK APPLICABLE FEES:
P CODE
❑ Private Entit,
LJ Environmental Impact Report (EIR)-
$3,029.75
'
$
"a-Mitigated/Negptive Declaration (MND)(ND)
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$
❑ Application Fee Water Diversion (State Water Resources Control Board only)
$850.00
$
❑'Projects Subject to Certified Regulatory Programs. (CRP)
$1,030.25
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ZCounty A,dm, inis�tr`ativ,e Fee
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D. -'Project that is exempt from fees
•Notice of E'xemption (attach)
❑ CbFW No Eff6bt Determination (attach
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SIGN TORE
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WH"0
II JECTAPPLICANT - YELLOW - CDFWAASB PINK-LEADAGENCY
GOLDENROD -COUNTY CLERK
NOTICE OF DETERMINATION
TO: ® Butte County Clerk
❑ Office of Planning and Research
1400 Tenth Street
P.O. Box 3044
Sacramento, CA 95812-3044
FROM:
SUBJECT:
FILING NO.
Butte County Department of Development Services, Planning
TCounty Center Drive, Oroville, CA 95965
EO�T7 2014 L
CANDACE J. GRUBBS BUTTE CO. CLERK
ZA DEP+JTY J
Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public
Resources Code.
AP Number: 072-070-021
Project Title: Use Pennit UP 06-08 and Map Correction COR 06-02
Applicant: Denise and Cal Conley, 6250 Miners Ranch Rd, Oroville, CA 95966
Contact Person: Stacey Jolliffe Telephone Number: 538-6573
Project Description: The first application is for a Use Permit to expand a legal nonconforming boat storage area
from approximately 1.5 acres to the existing, � approximately 4± acre boat storage footprint
currently existing on the site. The second application is for a Certificate of Correction to
remove Mitigation Measure 3 on the Parcel Map recorded in Book 146, Pages 80-82 on
February 22, 1999. Mitigation Measure 3 requires that an area be delineated as a 50'
setback on both sides of a seasonal drainage swale that bisected the property, and
designated as a No Development zone.
Project Location: On the east side of Miners Ranch Road, approximately 0.40 miles south of State Highway
162, east of Oroville
State Clearinghouse Number (If submitted to clearinghouse):
This is to advise that the Butte County Planning Commission has approved the above-described project on
August 28, 2014 and has made the following determinations regarding the above-described project:
1. The project ❑will, X will not, have a significant effect on the environment.
2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
3. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
4. Mitigation measures X were, ❑were not, made a condition of the approval of the project.
5. A statement of overriding considerations ❑was, X was not, adopted for this project.
This is to certify that the final EIR, withcomments and responses and record of project approval, is
available to the general public at: Development Services department, 7 County Center Drive, Oroville, CA
95926.
Date received for filing and posting at OPR July 29, 2014.
Butte County Department of Development
Services
7 County Center Drive
Orovijl'Bj , QjAr.9,1_
t✓ ,W�^S &-hdalr ���
;�,:.�
?:r . 1,t
+.
Project Name: (Cal Conley) Use Permit 106-08 -& v
Map Correction COR 06=02
COUNTY OF BUTTE
DEPARTMENT OF DEVEEOPMENT' SERVICES
.INITIAL STUDY AND MITIGATED- NEGATIVE DECLARATION
FOR,
USE PERMIT UP 06-08 and MAP CORRECTION COR 06-02
(CAL CONLEY)
1.0 PROJECT INFORMATION
A. Applicant/Owner: Denise and Cal Conley
B. Engineer: None
C. 'Staff Contact: Stacey Jo1Gffe, Principal Planner, (530) 538-6573, sjolliffe@buttecounty:net
D. Project Name: None
E. Project Location: On the east side of Miners Ranch Road, approximately 0.40 miles south of State Highway 162,
east of Oroville (Section 18, T19N, R05E) & (39-39-53.73 N, 121-27-24.05 W); 6250 Miners Ranch Road
.. F. Tvve of Application(s): Use Permit and Map Correction
G. Assessor's Parcel Number(s): 072-070-021
H. Project Site Size: 10.31 Acres
I. Current Zoning: MU -1 (Mixed Use 1)
J. General Plan Designation: MU (Mixed Use)
K. Environmental Setting: The 10.31 acre project site is developed with one dwelling and an approximately 4+ acre
storage area for houseboats, pontoon boats and motor boats. A pasture area extends along Miners Ranch 'Road and is
used for cattle grazing. The 1.5 acre area is considered a legal nonconforming use for storage as shown on the 1998
Aerial photograph attached. The property is located in a large lot rural residential/agricultural neighborhood. The
project site fronts on Miners Ranch Road, a public arterial roadway.
An adjacent boat storage facility is located directly next door and to the south of the subject property on a 5.25 acre
parcel also zoned MU -1. This dwelling is also developed with a residence and boat storage facility and is not the subject
of this use permit.
The site is relatively level, with an average slope from northeast to southwest, of approximately 1 to 2%. Elevation of
the project site is approximately 825 feet above sea level. The project site has several oak trees concentrated around
the existing dwelling, and a pond. ' Several creeks are located in the vicinity of the project parcel: Honcut Creek
Ravine is located about 200 feet to the west across Miner's Ranch Road, the Bangor Canal is located as close as 600 feet
to the northeast, and Hawk Ravine is located about 300 feet to the south of the subject parcel.
A drainage ditch extends along the east property line, continues north to the property comer, then turns west and
continues along the north property line. This improved/modified drainage ditch intercepts surface runoff from adjoining
properties and carries it under Miners Ranch Road by pipe into a drainage ditch which empties into Hawk Ravine to the
south. Landcover mapping for the Butte Regional Conservation Plan (BRCP) identifies the majority of the site as
disturbed ground, with a band of mixed oak woodland identified on the west -central portion of the site and to the west of
the site. Willow scrub is identified to the north, and emergent wetland is identified to the east of the project site.
The property is zoned MU -1 (Mixed Use 1) and has a General Plan designation of MU (Mixed Use). The site is located
in a primarily rural/agricultural setting, with nearby parcels ranging in size from 0.37 to 17.0 acres. Curb, gutter, and
sidewalks are not installed along Miners Ranch Road. The existing residence is served by a private well and septic
system. The MU -1 zone does not permit second dwelling units, and a note on the recorded final map also prohibits
second units.
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 1 of 39 ■
Project Name: (Cal Conley) Use Permit UP 060
Map Correction COR 06-02
The.'
project site is not listed on.the California-Depactment.ofToxic: Substances:.ContrtrolHazardbus Waste-and..Sub'stanees,
Site List.(Cortese List) and is not near any listed sites, or• sites°known or suspected;to contain;hazardous- materials.
The property and,general area.is located.within the State ResponsibilityArea,(high fire hazard.area):
The site is located within the'City ofOroville's Sphere of Influence and. the Orovillb�Urban Area: The; property: is:
located within the Lake:,Oroville Area, Public. Utility-- District (LOAPUD) Sphereof� Influence but, outside: of'the;
District. Bidwell Marina.and the Loafer Creek -boat ramp are. both approximately,3mifes: from. the project.site
The site: is located approximately 10.40 miles south. of. Oro Quincy Highway: The project.site.is novlocated.within'an.
-Airport Land Use Land Compatibility Zone. There, are no public or private air�strips:within•.two:miles of the -property;
An examination of properties within 1 mile of the project site finds that there are no lots that are either approved for.,
subdivision, or in the process of being further subdivided.
L. Surrounding Land Uses:
The subject property is bounded on the east by two large parcels, one with extensive oak woodland and the. other withan
orchard. Smaller (.37 to 1.2 acres) rural. residential parcels, are on the west across Miners. Ranch Road; with large
rural residential parcels adjacent on the south. The,property on the north is a large parcel zoned MUI (Mixed. Use 1)
as is most of the property to the northwest and northeast; the General Plan designation for these parcels Mixed'Usec
The site is located within the City of Oroville's Sphere of Influence and Urban Area designation. The adjoining
General Plan Designation and Existing Land Uses are as follows:
Direction General Plan Designation Zonin Existing Land'Use(s)
North Mixed Use MU 1 Rural residential
South Mixed Use - MU 1 Rural residential with legal non-
conforming boat storage
East Rural Residential RR -5 Rural residential, remnant
orchard
West Mixed Use MU 1 Rural residential
M. Project Description: This IS/MND analyzes two applications. The first application is for a Use Permit to expand a
legal nonconforming boat storage area from approximately 1.5 acres to the existing, approximately 4+ acre -boat
storage footprint currently existing on the site. Applicant Cal Conley has explained that he had understood the
existing non -conforming status of the property enabled him to expand the business over time. The 1.5 acre boat
storage use was established prior to the February 28, 1984 rezoning of the property to (former) A -R Agriculture
Residential when it was part of a larger storage area still adjoining a parcel to the south. The 1.5 acre portion of the
storage area was subdivided with the 10 acre parcel when the parcel was created by Parcel Map on February 22,
1999. The 1.5 acre area has been in continuous use for houseboat storage since that time.
Conley Boat Storage provides off -lake storage for houseboats, pontoon boats, and motorboats primarily from Lake
Oroville. On a site visit July 23, 2013, the site contained 18 houseboats and pontoon boats, and 9 motorboats. The
facility is generally open 7 am to 6 pm six days a week.
Storage space is rented to boat owners who maintain their boats on-site and sometime stay in the boats when they
visit overnight. Maintenance activities include sandblasting to remove barnacles and debris, and `roll-on' paint
application. The owner estimates that each houseboat stored is sandblasted once, for a period of approximately two
or three hours, each time it is stored, and that about two or three houseboats are sandblasted per month.
The second application is for a Certificate of Correction to remove Mitigation Measure 3 on the Parcel Map
recorded in Book 146, Pages 80-82 on February 22, 1999. Mitigation Measure 3 requires that an area be delineated
as a 50' setback on both sides of a seasonal drainage swale that bisected the property, and designated as a No
Development zone. An additional 50' was added as a Leachfield Free Zone for a total of 100 feet. Mitigation
Measure 3 is reflected on the additional map sheet to the recorded parcel map schematically and in Note 1 which
states: "(s)tructures , dumping, fill material, and/or excavation shall not be allowed within the no development zone
as depicted."
The seasonal drainage swale was created by storm run off from the adjoining property on the east overflowing the
drainage ditch established along the east and north sides of the property. Subsequent to the creation of the subject
10 -acre parcel, and purchase by the applicant, the prior owner improved the drainage ditch and increased the ditch's
■ Butte County Department of Development Services ■
■ Initial Study - Cal Conley UP 06-08 & COR 06-02 ■ Page 2 of 39 ■
Project Name: (Cal Conley) Use Permit 006-08 &
Map Correction COR 06-02
-capacity to accommodate storm runoff. A portion of the seasonal runoff. is also piped to a pre-existing pond located
.on theeadjoining property. The applicant is requesting that the `-`No Development" designation and map note be
eliminated from the recorded parcel map.
Public Agency Anarovals: Butte County Public Works Department, Butte County Fire Department/CDF, Butte
County Department, of'Development Services, California Department of Fish and Wildlife, Butte -County Air
Quality Management District.
■ Butte County Department of Development Services m
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 3 of 39 ■
Project Name: (Cal Conley) Use Permit UP 00
Map Correction COR 06-02
2.-0 ET -ER -MA-T-ION
•
[ ] I find, that the proposed project COULD NOT have a.significant effect on the environment, and. a NEGATIVE
DECLARATION will be prepared.
[XJ 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.
[ J 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 been addressed by, mitigation measures based on thei 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.
Planner
Thistlethwaite, Planning Manager
JL�lv 3 Zviti
Date
r�
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 reduced to a "less than significant" level (CEQA
Guidelines 15382).
[X] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality
[X] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes
[X] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [X] 4.9 Land Use
[ ] 4.10 Mineral Resources [X] 4.11 Noise [ ] 4.12 Housing
( ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic
[ ] 4.16 Utilities/Service Systems [X] 4.17 Mandatory Findings of Significance
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 4 of 39 ■
Project Name:. (Cal Conley) Use Permit UP 06%
Map Correction COR 06-02
2.0 DETERMINATION
,•_.tI• find that -the proposed ,project COULD NOT,'.have- aL significant effect. on .,the?, environment, and.a;NEGATIVE
DECLARATION will be prepared.
[X.],*.*I find,that•althoughathe,proposed.pr9ject,COULD have a?significant effect on.the°environment, there will NOT be,,ay,
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,prcject;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 leastone.effect;l),has been'adequately.analyzed in an,earlier.-document
,. pursuant to applicable legalstandards; and 2): has been. addressed' by. mitigation. measures. basedi 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,
..signifcant effects (a) have been analyzed adequately,in an.earlierEIR orNEGATIVE'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 Joliffe, Principal Planner Date
Reviewed by: Charles 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 reduced to a "less than significant" level (CEQA
Guidelines 15382).
[X] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality
[X] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes
[X] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [X] 4.9 Land Use
[ ] 4.10 Mineral Resources [X] 4.11 Noise [ ] 4.12 Housing
[ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic
[ ] 4.16 Utilities/Service Systems [X] 4.17 Mandatory Findings of Significance
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 4 of 39 ■
Project Name: (Cal Conley) Use Permit 1106-08 &
-Map Correction COR 06-02
4.0 ENVIRONMENTAL IMPACTS:
4.1 AESTHETIGVISUAL RESOURCES:
Would the
Potentially
Less Than
Less Than
No
Reviewed
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. Substantially damage scenic.resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
X
within a state scenic highway?
c. Substantially degrade the existing visual character or
quality of the site and its surroundings?
X
d. Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the
X
area?
Setting:
The boat storage area is not visible from Miners Ranch Road. The on-site residence and high-quality landscaping front on
Minor's Ranch Road, with the boat storage located behind the residence.
The boat storage area is visible to the adjoining properties on the north and east. The boats, stored on blocks, have a height of as
much as 15 to 20 feet. The project site is located on relatively flat land. The adjoining RR -5 zoned property on the east is
elevated approximately 25 foot higher than the subject property, giving this adjacent property a westerly view of the storage area.
Given the rural residential nature of the area, surrounding residences are located in the vicinity of the project. A few residences
front Miner's Ranch Road, over 800 feet to the southwest of the boat storage area. Excluding the boat storage facility adjacent to
the subject site, the closest residence is over 400 feet to northeast. Dust complaints associated with sandblasting have been
received from this residence.
The boat storage area is not a prominent view from adjacent properties. The trees and vegetation in the area also serve to soften
views of the boat storage area. Outdoor lighting is minimal and located on a storage building and the residence. No additional
lighting is proposed in conjunction with the boat storage.
Impact Discussion:
(a.) Because the facility is not visible from Miners Ranch road and the nearest off-site residence is located over 400 feet from
the boat storage facility, views to the boat storage are tempered by distance and vegetation in the area. Less than significant
impact.
(b.) (c.) Based on aerial photos, topographic maps, site photos and staff site inspection, the project does not represent a
"substantially damaged scenic resources" or a "substantially degraded the visual character." The project site is not located
along a State or County scenic highway (Butte County Scenic Highway Map), and the storage area is largely screened from
Miners Ranch Road, a publically-available viewshed. Less than significant impact.
(d.) No lighting is proposed or required. However, the movement of large houseboats into and out of the property in the
evening and nighttime hours would require lighting (and involve noise) that could be disturbing to nearby residents. Less
than significant impact with mitigation measure #1 incorporated. Violations of this mitigation measure will be reviewed
on a complaint basis.
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 5 of 39 ■
Project Name: (Cal Conley) Use Permit UP 060
Map Correction COR 06-02
Mitigation Measure #1:
Place a condition.on the Use Permit that states:, "There will be no evening or nighttime movement of houseboats within, into,•.
or off of, the property. Maintenance of boats requiring lighting„(e.g. sandblasting and painting) shall'not�occur during,.
evening and nighttime hours.
Plan Requirements: Houseboats may only be moved on, around, or:off—site, or maintained/serviced between the hours.07”
am and 7 pm.
Timing: Requirements of the condition shall be adhered to throughout the use of the parcel.
Monitoring:, The Department of Development Services shall ensure that the condition is placed as a condition of the Use,
Permit. Violations of the mitigation will be reviewed on a complaint basis.
4.2 AGRICULTURE RESOURCES:
Impact Discussion:
(a.) No significant impact is anticipated to agricultural resources as a result of this project due to the fact that the area is
designated for urban growth and development (zoning is MU -1) and also due to poor soils on site. Additionally, the applicant
continues to graze cattle to the extent permitted by soils on site No Impact
(b.) The California Land Conservation Act (Williamson Act) was enacted to help preserve agricultural and open space lands
via a contract between the property owner and the local jurisdiction. The nearest Williamson Act -contracted land is located
approximately 2.5 miles to the southeast. This project would therefore have No Impact on the use of that land for farming.
(c.) Adjacent parcels are within either Mixed Use or Rural Residential land use designations. Therefore there would be No
Impact from this project that could result in conversion of Farmland to non-agricultural use.
Mitigation Measure: None required
4.3 AIR QUALITY:
Would the
Potentially
Less Than
Less Than
No
Reviewed
Would the proposal:
Potentially
Significant
Less Than
Significant
Less Than
Significant
No
Impact
Reviewed'
Under
Impact
with
Impact
Previous
Mitigation
Document
Incorporated
a. Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the
X
maps prepared pursuant to the Farmland Mapping and
X
Monitoring Program of the 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 conversion
X
of Farmland, to non-agricultural use?
Impact Discussion:
(a.) No significant impact is anticipated to agricultural resources as a result of this project due to the fact that the area is
designated for urban growth and development (zoning is MU -1) and also due to poor soils on site. Additionally, the applicant
continues to graze cattle to the extent permitted by soils on site No Impact
(b.) The California Land Conservation Act (Williamson Act) was enacted to help preserve agricultural and open space lands
via a contract between the property owner and the local jurisdiction. The nearest Williamson Act -contracted land is located
approximately 2.5 miles to the southeast. This project would therefore have No Impact on the use of that land for farming.
(c.) Adjacent parcels are within either Mixed Use or Rural Residential land use designations. Therefore there would be No
Impact from this project that could result in conversion of Farmland to non-agricultural use.
Mitigation Measure: None required
4.3 AIR QUALITY:
Would the
Potentially
Less Than
Less Than
No
Reviewed
proposal:
Significant
Significant
Significant
Impact
Under
Impact
with
Impact
Previous
Mitigation
Document
Incorporated
a. Conflict with or obstruct implementation of the applicable
air quality plan?
X
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 6 of 39 ■
Project Name: (Cal Conley) Use Permit UP"06-08 & •
Map Correction COR 06702
Would the
.Potentially
Less Than _
Less Than
No
Reviewed
proposal:
Significant
Significant
-Significant
Impact
Under
Impact
with
Impact
Previous
Mitigation
Document
Incorporated
b. Violate any air quality standard or contribute substantially
to an existing or projected air quality violation?
X
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 state ambient air
X
quality standard (including releasing emissions which
exceed quantitative thresholds for ozoneprecursors)?
d. Expose sensitive receptors to substantial pollutant
concentrations?
X
e. Create objectionable odors affecting a substantial number
of people?
X
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 region's air pollution management is guided by the Basin's 2003 Air Quality Attainment Plan and includes a number of
feasible control measures. Butte County, under the auspices of the Butte County Air Quality Management District
(BCAQMD), has adopted some, but not all, of these measures.
The NSVAB is subject to federal, state, and local regulations. The NSVAB is designated nonattainment for PM10,
(particulate matter less than 10 microns in diameter), PM2.5 (particulate matter less than 2.5 microns in diameter) and ozone
(ROG and NOX), by the federal Environmental Protection Agency (EPA) and the California Air Resources Board (CARE).
The CARB prepares and submits to the EPA a State Implementation Plan. explaining how the state will attain compliance
with Federal clean air standards. The NSVAB adopted an updated Air Quality Attainment Plan in 2004 as its component of
the State Implementation Plan. Among other policies, the Air Quality Attainment Plan called for the preparation and
implementation of Indirect Source Review Guidelines (Guidelines). The intent of the Guidelines is to facilitate incorporation
of features and mitigations early in the planning process, rather than later during the formal environmental review process
when it may be too late or too expensive to incorporate the District's recommended mitigation measures.
The BCAQMD also released the CEQA Air Quality Handbook: Guidelines for Assessing Air Quality Impacts for projects
subject to CEQA Review (CEQA Handbook), which was approved January 24, 2008. The document establishes thresholds of
significance for projects based on project size and/or projected emissions. The thresholds were analyzed for conformance
with CEQA Guidelines §15382. The districts four categories of evaluation are:
1. Comparison of calculated project emissions to the Districts emission thresholds;
2. Consistency with the most recent Air Quality Attainment Plan (AQAP) for Butte County;
3. Comparison of predicted ambient pollutant concentrations resulting from the project to State and Federal health
standards, where applicable; and
4. The evaluation of special conditions which apply to certain projects, such as public exposure to toxic air
contaminants.
Table 4.3-1, below, lists the thresholds of significant for critical pollutants of concern, and the environmental document type,
as determined by the CEQA Air Quality Handbook provided by the BCAQMD.
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 7 of 39 ■
Project Name: (Cal Conley) Use Permit UP A
Map Correction COR 06-02
Table 4.3-1: Thresholds of Significance for Critical Pollutants of Concern
Pollutant
Level A,. ;.
Level B
Level"C
NOx
<25 lbs/day '
>25 lbs/day
>-13.7 lbs/day
ROG
<25 lbs/day',',-
>25 lbs/day
>1.3.71bs/day
PM,o
<_80 lbs/day ,.,,� ;
>80 lbs/day
>18:Tlbs/day
;Level of Significance
Potentially Significant
impacts
Potentially Significant•
Impacts
-Significant Impacts,
Environmental Document
Mitigated Negative
Declaration (MND) or ND
Mitigated ND or EIR
g
EIR
Source: Table 2.1 of the BCAQMD CEQA Air Quality Handbook -'
Abrasive Blasting Program
There are two components to ARB's abrasive blasting program:
• The registration of portable equipment used in the application of abrasives; and secondly
• The,certification of abrasive materials. discussed below: California Code of Regulations, title 17, sections, 92000.
92530 stipulates indoor and outdoor abrasive blasting criteria and names ARB to certify permissible.abrasives.that
meet performance standards for some outdoor applications. more
The California Health and Safety Code authorizes the ARB to adopt air pollution standards for sandblasting operations. Title
17 California Code of Regulations sections 92000 - 92530 require that all abrasive blasting be conducted within a building
with some specific exceptions. Exceptions allowing outdoor blasting exist when 1) steel or iron shot / grit is used exclusively,
or 2) the blasting is conducted with ARB certified abrasive, wet, hydroblasting, or>vacuum blasting techniques and the item
blasted exceeds 8 feet in any dimension or is situated at its permanent location. The regulations apply a 20 percent opacity
visible emission standard to all permissible outdoor blasting, regardless of the abrasive or the blasting technique used.
Under the regulations, the ARB is required to certify abrasives used for permissible dry outdoor blasting as complying with
specific performance standards. The performance standards require that the abrasives shall not contain more than 1 percent
by weight material passing a #70 U.S. standard sieve before blasting, and that after blasting the abrasives shall not contain
more than 1.8 percent by weight material 5 microns or smaller. As an alternative to the before -blasting requirements, the
abrasive shall not produce visible emissions more than 20 percent opacity when blasted in accordance with a specified test
method. Compliance with these certification requirements helps to reduce fine particulate matter emitted to the atmosphere
during permissible dry outdoor blasting.
An abrasive which is sold by its producer or vendor during the certified period is certified for use until it is gone. It is not
required that the abrasive be used only during the period it is certified.
The Air Resources Board of the California Environmental Protection Agency (ARB) maintains a list of certified abrasives
that may be used for sandblasting. Executive Order G-13-032 lists abrasives currently certified by the Air Resources Board
in accordance with California Code of Regulations, title 17, section 92530. The certification of the abrasives listed on this
Executive Order will expire in either 2013 or 2014, depending on when the abrasive was certified. New Executive Orders
will be issued as appropriate.
The ARB website at hLp://www.arb.ca.gov/ba/certabr/certabr.htm provides a list of Executive Orders for the Abrasive
Blasting Program. Even after orders are superseded by more recent Executive Orders, the abrasives listed on them may be
used up following purchase. An abrasive which is sold by its manufacturer or vendor during the certified period is certified
for use until it is gone. It is not required that the abrasive be used only during the period it is certified. Advisory #164
addresses this issue. Clicking on the Executive Order number should provide you with a copy of that Order. If the referenced
Executive Order is not available online, please contact Kat n Gugeler at (916) 322-0221 to acquire a copy.
Imaact Discussion: The project is a Use Permit that proposes storage and maintenance of houseboats and similar equipment
in an area covered by compacted soil.
is Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 8 of 39 ■
Project Name: (Cal Conley) Use Permit UF06-08 & •
Map Correction COR 06-02
The use generates vehicle trips when houseboats are transported to and from the site for storage, and by owners/others
visiting their boats for maintenance. This results in a "Level A" threshold of significance. Standard mitigation measures
guidelines for "Level A" are in Section 5 of the CEQA Handbook. The mitigation measures listed in Section' 5 are design
standards for more urban residential developments, including street design; multi -modal transportation options, and building
efficiency. This project is not at a density level to justify multi -modal transportation options.
This project includes sandblasting of houseboats to remove debris and barnacles 'from the hulls. As noted above,
sandblasting is allowed outdoors when the item being sandblasted is larger than 8 feet in any dimension, but approved '
abrasives must be utilized to minimize air quality impacts'
(a.) Based on the information above, this.project will not conflict with or obstruct any air quality plan. Less than significant
impact.
(b) (c) (d) Based on the information provided above, this project could result in the violation of any air quality standards or
contribute substantially to an existing or projected air quality violation, if certified abrasives are not used or the project does not
conform to other requirements of ARB's Abrasive Blasting Program. Mitigation Measure #2 below reiterates the ARB
regulations already required of the project.
There is also potential for activities such as the movement and storage activities of houseboats that may contribute to a violation of
dust control standards on a short-term basis. Mitigation Measure #2 below also recommends dust control measures and will
reduce potential impacts to a less than significant level. Less than significant with mitigation measure #2 incorporated.
(e.) The proposed use permit would allow an increase in the area to be used for storage of houseboats and similar equipment.
Odors may occur if repair and maintenance occurs. Uses permitted on site are discussed in section 4.10, Land Use, of this
study. Sandblasting and painting, even when conducted consistent with applicable air quality standards, can result in odors
which are noticeable beyond the project boundaries due to wind drift. However, compliance with a applicable regulations is
considered adequate to reduce nuisance odors to Less than significant with mitigation #2 incorporated.
Mitigation Measure # 2 (Dust Control, Sandblasting, Painting):
Place a condition on the Use Permit that requiring compliance with applicable air quality regulations, inclusive of but not
limited to the following:
Control Dust
a. During installing or movement of houseboats or other stored equipment, 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 movement of houseboats or other equipment, 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. 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.
d. Other measures may be required as determined appropriate by the Butte County Air Quality Management District
(BCAQMD) or Department of Development Services in order to control dust.
Sandblasting, Painting Only as Permitted
e. No sandblasting or painting of boats or other equipment is to take place unless activities are consistent with applicable
regulations of the BCAQMD.
Plan Requirements: The note shall be made a condition of the Use Permit.
Timing: Requirements of the condition shall be adhered to throughout the use of the parcel.
Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use
Permit. Violations of the mitigation will be reviewed on a complaint basis.
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 9 of 39 ■
Project Name: (Cal Conley) Use Permit UP A
Map Correction COR 06-02
4.4 BIOLOGICAL RESOURCES:
Would the -proposal:
Potentially
,Significant
-Less Thane
Significant
Less Than
Significant
No
-Impact
Reviewed'
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 species in local or
X
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, regulations or by the California
X
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, vernal pool, coastal,
X
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
X
established native resident or migratory 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 preservation policy
X
ordinance?.
L Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan,
X
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, threatened,
X
or endangered species of animals?
h. A reduction in the diversity or numbers of animals onsite
(including mammals, birds, reptiles, amphibians, fish or
X
invertebrates)?
i. A deterioration of existing fish or wildlife habitat (for
X
foraging, breeding, roosting, nesting, etc.)?
j. Introduction of barriers to movement of any resident or
migratory fish or wildlife species?
X
k. Introduction of any factors (light, fencing, noise, human
presence and/or domestic animals) which could hinder the
X
normal activities of wildlife?
Setting:
The site is relatively level, with an average slope from northeast to southwest, of approximately 1 to 2%. Elevation of the
project site is approximately 825 feet above sea level. The project site has several oak trees concentrated around the existing
dwelling, and a pond. Several creeks are located in the vicinity of the project parcel: Honcut Creek Ravine is located about 200
feet to the west across Miner's Ranch Road, the Bangor Canal is located as close as 600 feet to the northeast, and Hawk Ravine is
located about 300 feet to the south of the subject parcel.
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 10 of 39 ■
Project Name: (Cal Conley) Use Permit UR6-08 & •
Map Correction COR 06-02
A drainage ditch extends along the east property line, continues north to the property corner, then turns west and continues along
the north property line. This improved/modified drainage ditch intercepts surface runoff from adjoining properties and caries it
under Miners Ranch Road by pipe into a drainage ditch which empties into Hawk Ravine to the south. Landcover mapping for
the Butte Regional Conservation Plan (BRCP) identifies the majority of the site as disturbed ground, with a band of mixed'oak
woodland identified on the west -central portion of the site and to the west of the site. Willow scrub is identified to the north, and
emergent wetland is identified to the east of the project site.
Impact Discussion:
The project site is within a low-density urban and suburban residential area of privately -owned land in the foothill area east of
Oroville, California. The area of the parcel proposed for use as storage for houseboats has no biological growth other than annual
grasses. The project property has been previously disturbed by installation of a gravel and dirt parking area and lawn. The
project site is not known to contain any species identified as a candidate, sensitive, or special status 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.
(a) (b) (c) Many species of plants and animals within the State of California have low populations, limited distributions, or
both. Such species may be considered "rare" and are vulnerable to extirpation as the state'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; still others have been designated as "Species of Special Concern" by
the California Department of Fish and Game (CDFG). The California Native Plant Society (CNPS) has developed its own
set of lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as
"special status species."
The California Natural Diversity Database (CNDDB Rarefmd 5, Government Version) was reviewed to determine if any special
status species or habitats occur on the project site or in the project area. The CNDDB showed no occurrences of any special status
species occurring on the `disturbed ground' type land cover identified for the project site. Numerous occurrences of special status
species could be associated with adjacent habitat types including mixed oak woodland, willow scrub and emergent wetlands, but
the project will have no direct impact on these habitat types. Effectively, the project could have no indirect impact on adjacent
habitats either, if existing site conditions are proven to provide a permanent solution to drainage. If, however, a permanent
solution to drainage requires additional earthwork/ construction on site, the project could have an adverse effect on riparian
habitat or have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act.
The subject parcel contains a pond and is surrounded by three waterways: Honcut Creek to the west, the Bangor canal to the
northeast, and Hawk Ravine to the south. The Certificate of Correction addresses the reconfiguration of drainage for the subject
property into the surrounding drainage system. This could involve riparian vegetation and other resources requiring the issuance
of a 1602 permit. Earthwork/construction necessary to provide a permanent solution to drainage would be limited in scope and
temporary in nature, mitigation for appropriate permits from the CA Department of Fish and Wildlife will ensure impacts are
reduced. Mitigation Measure #3 requires a Lake and Streambed Alteration Permit, aka 1602 permit, prior to activities affecting
the bed, bank, or channel of any drainage/watercourse on site. Less than Significant with Mitigation Incorporated.
Collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the
project, unless the project proponent provides verification from the California Department of Fish and Game that the project
is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final
and any local permits issued for the project will be invalid (Section 711.4 (c) (3)).
(d) The project site is located in a rural residential area surrounded by creeks and drainages. Adequate area exists on and
surrounding the project site for the migration and movement of wildlife. Less than Significant Impact.
(e.) 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 impact this site. However, there are oak trees present at the site,
but not within the proposed storage area. To insure protection of the existing trees, Mitigation Measure #4 below is incorporated.
The applicant has no intention of encroaching into the drip line of the Oak trees. The enforcement of this mitigation measure only
come in to play when and if storage of boats or equipment is placed within the drip line. Less than Significant with Mitigation
Incorporated.
(f.) Preparation of the Butte Regional Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) began
in 2007 and is being coordinated by the Butte County Association of Governments (BCAG) on behalf of the Cities of Biggs,
Chico, Gridley, Oroville, and the County of Butte. The HCP/NCCP will provide opportunities for comprehensive species,
wetlands and ecosystem conservation and contribute to the recovery of endangered species within the plan area, while also
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 11 of 39 ■
Project Name: (Cal Conley) Use Permit UP A
Map Correction COR 06-02
providing amore streamlined process' for environmental permitting: As of the writing, of this initial study,. a> Draft. of'the ,
HCP/NCCP has not yet been,released. The preparation,and.approval: of -the HCP/NCCP is,expected to, be:compl&ed• in, mid=
2010; depending upon the, issues that will be. addressed, an&the,duratiotr of the State/Federal. approval -process: Until'.' a drafft;
document is released, the proposed HCP/NCCP cannot be analyzed for consistency.
The -proposal- would not conflict with the provisions,.of an adopted,HCP/NCCP, local .policies: or ordihances_.protecting;,
biological resources, or other approved local, regional, or state. habitat conservation plan, as there -are no; adopted 1pl'ans:`,
affecting the project site. No impact.
(g.)(h)(i.)O.)(k.). This project would not reduce the numbers, restrict: the. range, or have an impact to critical habitat: of any,
unique, rare, threatened, or endangered species of animals. See -section (a.), above. Less.than significant impact.
Mitigation Measure #3 (1602 Streambed Alteration Permit):
Following approval by the Department of Public Works, Land Development, of a permanent solution for drainage,. applicant shall .,
apply ,to and obtain from the California. Department of Fish and,.Wildlife a Lake and Streambed Alteration Permit,. akaA602.
permit, for any planned activities affecting the bed, bank, or.channel of any drainage/watercourse on site, or if needed. due -to past,
work in the bed, bank or channel.
Plan Requirements: No vegetation removal, grading, road construction, or other earthwork affecting the bed, bank, or stream of
any waterway shall be permitted until the 1602 permit is submitted and approved.
Timing: Requirements of the condition shall be satisfied prior to any development activity or recordation of the certificate of
correction. In any case, any necessary 1602 permit shall be obtained within two years of the issuance of the Use PermitUP06-08.
Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure sthat, the
permit is obtain prior to recordation of the certificate of correction.
Mitigation Measure #4 (Oak Woodland Resources):
Place a condition on the Use Permit that states: "Prior to any development activity or the issuance of any permit or approval
removing or encroaching upon oak trees on the project site (this generally includes the canopy drip -line of trees within the
area of ground disturbance and trees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a
certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval
by the Director of Development Services or his/her designee that includes:
1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC
§21083.4(a);
2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be
mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation
easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures
developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation.
Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the
replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the
new oak trees are planted;
3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent
with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be
submitted to and approved by the Director of Development Services or his/her designee. Replanted trees
shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference
with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from
livestock and other animals;
4) Oak Tree protection measures for trees to be retained within the project site shall be included in
construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by
the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the
tree zone during construction activities. No vegetation removal, soil disturbance, or other development
activities shall occur within the tree zone in order to protect root systems and minimize compaction of the
soil, unless authorized by Oak Tree Mitigation Plan; and
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 12 of 39 ■
Project Name: (Cal Conley) Use Permit 006-08 &
Map Correction COR 06-02
5) Conservation easements or funds for off-site oak woodlands conservation shall" be proposed to and
approved by the Director of Development Services or his/her designee."
Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree
plan is submitted and approved.
Timing: Requirements of the condition shall be satisfied prior to any development activity. or the issuance of any grading,
building, septic, or well permit, or the approval of any improvement plans on the parcels.
Monitoring: The Butte County Department of Development Services and Department of Public Works 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. At
the time of septic, well, or building permit application, the Development Services Department will reference this requirement
on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to
and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure
compliance on-site.
4.5 CULTURAL RESOURCES:
Would the proposal:
Potentially
Significant
Less Than
Significant
Less Than
Significant
No
Impact
Reviewed
Under
Impact
with
Impact
Previous
Mitigation
Document
Incorporated
a. Cause a substantial adverse change in the significance of
a historical resource as defined in § 15064.5?
X
b. Cause a substantial adverse change in the significance of an
archaeological resource pursuant to § 15064.5?
X
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
Impact Discussion:
The project consists of the storage of houseboats and similar equipment above ground. No disturbance of the land surface is
proposed.
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 Northeast Information Center (NEIC) of the California
Historical Resources Information System (CHRIS) was contacted to provide comment on this proposal. The NEIC did not
find any records identifying prehistoric or historic resources in the project area. The NEIC considers the project area to be
"moderately sensitive" for prehistoric and historic resources. Cultural resources consist of any human -made site, object (i.e.,
artifact), or feature that defines and illuminates our past. Often, cultural, prehistoric and historic resource sites are found in
foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water
or along water courses. The project site does not contain any of these features that might indicate that the parcel may be
unique as a potential repository for cultural or prehistoric resources. There are no reported or recorded cultural or prehistoric
resources on this parcel or adjacent land which would suggest the likely presence of such resources on this site.
(a.)(b.)(c.)(d.) Long-term use of the project site for agriculture and rural -residential uses has likely resulted in the destruction
of any prehistoric cultural resources that may have been on the site. Future grading and other soil disturbance activities on
the project site, although not anticipated with the proposed use, may occur and have the potential to uncover historic or
prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during
development activities on the project site, Mitigation Measure #5, below, is recommended. Less than significant with
mitigation incorporated.
Mitigation Measure # 5:
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 13 of 39 ■
Project Name: (Cal Conley) Use Permit UP 061-0
Map Correction COR 06-02
,.,Place a condition on the Use Permit that states:, `,`Should grading activities reveal the presence of'culfuraL 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 cease immediately until a qualified professional`archaeologist,
.,,can be consulted to evaluate the resources and implement appropriate. data recovery -procedures.if necessary,. Should'human.
skeletal remains be encountered, State law. requires immediate- notification of the County Coroner. Should the County,
:..Coroner determine that the burial consists, of, prehistoric human remains, the Native American Heritage, Commissionwin
Sacramento shall be notified immediately,,.pursuant,_to State. law;ao arrange for Native American. participation. in, determining:
the disposition of such remains."
Plan Requirements: The note shall be made a condition of the Use Permit.
Timing: Requirements of the condition shall be adhered to throughout the use of the parcel.
Monitoring: . Any person performing ground -disturbing work, shall be responsible- for, notifying the,,, Department, of;
Development :Services and a qualified archaeologist_ in the
cultural resources are discovered: The, Department`of'
Development, Services shall coordinate,with.the contractor -And appropriate authorities -to avoid damage to, cultural resources
and determine appropriate action.
4.6 GEOLOGIC PROCESSES:
Would the proposal: ,t„
Potentially
Significant
Less Than
Significant
Less Than
Significant
No
Impact
Reviewed,
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 delineated
on the most recent Alquist-Priolo Earthquake Fault
X
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
liquefaction?
X
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, and
X
potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
d. Be located on expansive soil, as defined in Table 18-1-B of
the Uniform Building Code (1994), creating substantial
X
risks to life or property?
e. Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal system
where sewers are not available for the disposal or waste
X
water?
Setting:
No additional development is proposed with the issuance of the use permit; the proposal would permit the existing boat storage
land use on the subject site.
Impact Discussion:
(a.)(1.) The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate
Earthquake Intensity Zone VIII. The only known active fault in Butte County is the Cleveland Hill fault, located one-third of
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 14 of 39 ■
Project Name: (Cal Conley) Use Permit 06-08 & •
Map Correction COR 06-02
a mile 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. The project site itself, however, is not within the identified Alquist-Priolo Earthquake Fault Zone or an aftershock zone.
Less than significant impact.
(a.)(2.)(3.)(4.) Like most of central California, the site can be expected to be subjected to seismic. ground shaking at some
future time. Accordingly, all buildings, pipes, roadways, and other improvements would be designed and installed in
accordance with California Building Code (CBC) requirements. Future structures.on the project site would be designed and
installed in accordance with CBC standards for the appropriate Seismic Hazard Zone. 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. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the
site has a generally moderate potential for liquefaction. No additional development is proposed with the issuance of the use
permit; the proposal would permit the existing boat storage land use on the subject site.
Future construction activities would 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. In addition, the project operation would 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, including excessive erosion and
sedimentation. The SWPPP, if required, must be obtained prior to any soil disturbance activities. The project does not
include new construction that would move soil, except possibly drainage improvements, which are expected to be below one
acre in scope. Less than significant impact.
(b.) Butte County GIS Erosion Theme characterizes the site area as having a "High" potential for soil erosion. No additional
development is proposed with the issuance of the use permit; the proposal would permit the existing boat storage land use on
the subject site.
The Mitigation Measure in Section 4.3 (Air Quality) of this document will reduce impacts to the potential for loss of top soil
by controlling dust through requirements to water the site if soils are disturbed during the transport of houseboats and other
vehicles on and off the project site. Less than significant impact.
(c.) The Subsidence and Landslide Potential Map (Safety Element, Figure S-1) indicates that the property is not located
within an area of potential subsidence. Subsidence is a problem in some areas of the Central Valley due to heavy
groundwater withdrawals for irrigation, there have not been any documented incidents that indicate a specific subsidence
problem in Butte County. Less than significant impact.
(d.) The Soil Survey of Butte Area, Parts of Butte and Plumas Counties (NRSC, 2006) characterizes the expansiveness of the
soil at the site as moderate. The Building Division may require that the foundations of future dwellings on the site be
designed and constructed to handle the shrink/swell characteristics of expansive soils. Standard grading and foundation
design would reduce any potential impacts. Less than significant impact.
(e.) No sewage disposal or well water for the storage of houseboats is required or anticipated. The applicant and operator of the
boat storage facility lives on site. Less than significant impact
Mitigation Measure:
4.7 GREENHOUSE GAS EMISSIONS:
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 15 of 39 ■
Potentially
Less Than
Less Than
No
Reviewed
Would the proposal:
Significant
Significant
Significan
Impac
Under
Impact
with
t Impact
t
Previous
Mitigation
Documen
Incorporated
t
a. Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on the
X
environment?
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 15 of 39 ■
Project Name: (Cal Conley) Use Permit UP A
Map Correction COR 06-02
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 carbon dioxide 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 21 and 310* times the warming potential of'COz,
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 warmingthe_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.
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. Within Butte County, the leading contributors of GHG emissions are
agriculture (43%), transportation (29%), and residential energy (17%).
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 simplifying the 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 levels 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
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 16 of 39 ■
Potentially
' Less.Than
L• ess Tfian
No
Reviewed;'
Would the proposal:
Significant
Significant-
Significan.
' linpac
Under
Impact
with
t -Impact
t.
Previous:,
Mitigation.
Documen
Incorporated
t
b. Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the
X;
emissions of 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 carbon dioxide 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 21 and 310* times the warming potential of'COz,
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 warmingthe_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.
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. Within Butte County, the leading contributors of GHG emissions are
agriculture (43%), transportation (29%), and residential energy (17%).
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 simplifying the 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 levels 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
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 16 of 39 ■
Project Name: (Cal Conley) Use Permit 4U 06-08 &
Map Correction COR 06-02
may be consistent with the CAP by demonstrating consistency with. the CAP policies in the CAP checklist, attached, as an
appendix to this study. 1
a -b. The project relies upon the CAP's environmental findings for the purposes of GHG emissions and climate change, rather thane
identifying separate project -level emissions. The proposed project would result in no new land uses as compared to current
conditions. For the purpose of assessing GHG emissions for CAP consistency, the boat storage use that is the subject of the Use
Permit was evaluated. Because no new construction is proposed with the boat storage use, CAP requirements were not applicable.
It is noteworthy, however, that the applicants have granted an access easement through their property to an adjacent solar facility,
effectively making solar more readily available to the site. The proposed certificate of correction would not generate any changes
to land uses on site.
4.8 HAZARDS AND HAZARDOUS MATERIALS:
Would the proposal:
Potentially
Significant
Less Than
Significant
Less Than
Significant
No
Impact
Reviewed
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 disposal
X
of hazardous materials?
b. Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident
X
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? .
d. Be located on a site which is included on a list of hazardous
materials sites complied pursuant to Government Code
X
Section 65962.5 and, as a result, 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 project
X
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 residing or
X
working in the project area?
g. Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation
X
plan?
h. Expose people or structures to a significant risk or loss,
injury or death involving wildland fires, including where
X
wildlands are adjacent to urbanized areas or where
residences are intermixed with willdlands?
Impact Discussion:
(a.)(b.)(c.) In many cases, the storage of houseboats includes maintenance activities such as sand blasting, painting, welding,
and general repair. These activities can create a significant hazard to the public or the environmental through the routine
transport, use, or disposal of hazardous materials. Maintenance activities associated with the storage of houseboats at the site
could involve the use of potentially hazardous materials, including paints, cleaning materials, vehicle fuels, oils, and
transmission fluids. Although potentially hazardous materials would be contained, stored, and used in accordance with
manufacturers' instructions and handled in compliance with applicable standards and regulations, the use of these materials
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 17 of 39 ■
Project Name: (Cal Conley) Use Permit UP A •
Map Correction COR 06-02
in an out door environment can present.a hazard. ,It. is,anticipated,ahat quantities of hazardous'material's• would b -e either
permanently stored or periodically used within the project site.
Similarly, the project could emit hazardous .emissions_„or, spill,. hazardous materials.. Significant:, quantitie&1ofKp.ublicly-
available hazardous materials (e.g., paint, maintenance,supplies),may..be routinely, used'.with'inthe project sitd:for+tiouseboaf
maintenance, repair; and cleaning. Taking into account thesize of houseboats.already; storedon the=p.roperty;atiese::materials:
,. could be,used J.n sufficient, strength or quantity,,to�create: a, substantial risk of fire�or=explosion; or, ofl erwise-pose:a`suisstantialw-
,,,� . risk to human or.environmental ,health.,,,Therefore,- implementation.of-rthe proposed: mitigation measure: is.re.commended to-.
„ avoid a significant hazard,tothe public or. environment,throughithe'routi'ne.tiansport-,,use,,,oi-disposaFof t azard'ous,material'lt:
(d.) The project site is not listed on the Gali:fornia DepartmentofToxic;Substances,Contro.l�'Hazardous Waste an&Substances_,;
Site List (Cortese, List) and is not near,any listed sites or sites known.or suspected.to contain, hazardous. material s. A_ -review-
of regulatory agency databases,, which included .lists of hazardous materials. sites compiled pursuant -to California..
Government Code Section 65962. No impact
(e.)(f.) There is no public airport, public use airport, or airport land use plan within two miles of the project site. No impact.
(g.) This proposal would not interfere with any emergency response or emergency evacuation plans. No plans_ exist at the
project site or in the vicinity. No impact.
(h.) The project is located within a State;Responsibility Area (SRA) forwildlanditres. The project site is at risk of wildfires. .
because of the rural nature of the project area. The nearest staffed fire station is CDF\Butte- County Station #64, at 22 Walnut.
Ave., located approximately 23 -miles northwest of the project site.:in the Community ofKelly Ridge. CDF.\Butte County
reviewed the project and requested that street address be required. Less than significant impact with Mitigation Measure
Mitigation Measure #6:
Place a condition on the Use Permit that states: "No materials classed as `hazardous' shallbe stored or used on the property.
All (other) materials for the cleaning and maintenance of boats, must be stored and used in compliance with manufacturer's
instructions.”
Plan Requirements: The note shall be made a condition of the Use Permit.
Timing: Requirements of the condition shall be adhered to throughout the use of the parcel.
Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use
Permit. Violations of the mitigation will be reviewed on a complaint basis.
4.9 HYDROLOGY AND WATER QUALITY:
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 18 of 39 ■
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
requirements?
X
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 rate of
X
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 of a
stream or river, in a manner which would result in
X
substantial erosion or siltation on- or off-site?
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 18 of 39 ■
Project Name: (Cal Conley) Use Permit 06-08 &
Map Correction COR 06-02
Setting:
The site is relatively level, with an average slope from northeast to southwest, of approximately I to 2%. Elevation of the
project site is approximately 825 feet above sea level. The project site has several oak trees concentrated around the existing
dwelling, and a pond. Several creeks are located in the vicinity of the project parcel: Honcut Creek Ravine is located about 200
feet to the west across Miner's Ranch Road, the Bangor Canal is located as close as 600 feet to northeast, and Hawk Ravine is
located about 300 feet to the south of the subject parcel.
A seasonal drainage swale formerly bisected the property; it was created by storm runoff from the adjoining property to the
east overflowing the drainage ditch established along the east and north sides of the property. Subsequent to the creation of
the subject 10 -acre parcel, and purchase by the applicant, the applicant has modified/improved the drainage ditch and
increased the ditch's capacity to accommodate storm runoff. A portion of the seasonal runoff is also piped to a pre-existing
pond located on the adjoining property.
A drainage ditch now extends along the east property line, continues north to the property comer, then turns west and continues
along the north property line. This improved/modified drainage ditch intercepts surface runoff from adjoining properties and
carries it under Miners Ranch Road by pipe into a drainage ditch which empties into Hawk Ravine to the south.
Impact Discussion:
The project includes an application for a Certificate of Correction to modify Mitigation Measure 3 of the Parcel Map
recorded at Book 146, Pages 80-82 on February 22, 1999 (see attached map). Mitigation Measure 3 requires that an area be
delineated as a 50' setback on both sides of a seasonal drainage swale that bisected the property, and designate it as a No
Development zone. An additional 50' was added as a Leachfield Free Zone for a total of 100 feet.
Subsequent to the creation of the subject 10 -acre parcel, and purchase by the applicant, the applicant has improved/modified
the drainage ditch which has increased the ditch's capacity to accommodate storm runoff. A portion of the seasonal runoff is
also piped to a pre-existing pond located on the adjoining property. The, applicant is requesting that the "No Development"
designation be eliminated be removed from recorded parcel map.
(a.)(b.) The Use Permit is for the expansion of a boat storage area. Restrooms and water at the on-site residence serve needs
for septic system and potable water. No impact
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 19 of 39 ■
Potentially
Less Than
Less Than
No
Reviewed
Would the proposal:
Significant
Significant
Significant
Impact
Under
Impact
with
Impact
Previous
Mitigation
Document
Incorporated
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 amount
X
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
systems or provide substantial additional sources of polluted
X
runoff?
f. Otherwise substantially degrade water quality?
X
g. Place housing within a 100 -year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
X
Insurance Rate Map or other flood hazard delineation map?
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 a
X
result of the failure of a levee or dam?
J. Inundation by seiche, tsunami, or mudflow?
X
Setting:
The site is relatively level, with an average slope from northeast to southwest, of approximately I to 2%. Elevation of the
project site is approximately 825 feet above sea level. The project site has several oak trees concentrated around the existing
dwelling, and a pond. Several creeks are located in the vicinity of the project parcel: Honcut Creek Ravine is located about 200
feet to the west across Miner's Ranch Road, the Bangor Canal is located as close as 600 feet to northeast, and Hawk Ravine is
located about 300 feet to the south of the subject parcel.
A seasonal drainage swale formerly bisected the property; it was created by storm runoff from the adjoining property to the
east overflowing the drainage ditch established along the east and north sides of the property. Subsequent to the creation of
the subject 10 -acre parcel, and purchase by the applicant, the applicant has modified/improved the drainage ditch and
increased the ditch's capacity to accommodate storm runoff. A portion of the seasonal runoff is also piped to a pre-existing
pond located on the adjoining property.
A drainage ditch now extends along the east property line, continues north to the property comer, then turns west and continues
along the north property line. This improved/modified drainage ditch intercepts surface runoff from adjoining properties and
carries it under Miners Ranch Road by pipe into a drainage ditch which empties into Hawk Ravine to the south.
Impact Discussion:
The project includes an application for a Certificate of Correction to modify Mitigation Measure 3 of the Parcel Map
recorded at Book 146, Pages 80-82 on February 22, 1999 (see attached map). Mitigation Measure 3 requires that an area be
delineated as a 50' setback on both sides of a seasonal drainage swale that bisected the property, and designate it as a No
Development zone. An additional 50' was added as a Leachfield Free Zone for a total of 100 feet.
Subsequent to the creation of the subject 10 -acre parcel, and purchase by the applicant, the applicant has improved/modified
the drainage ditch which has increased the ditch's capacity to accommodate storm runoff. A portion of the seasonal runoff is
also piped to a pre-existing pond located on the adjoining property. The, applicant is requesting that the "No Development"
designation be eliminated be removed from recorded parcel map.
(a.)(b.) The Use Permit is for the expansion of a boat storage area. Restrooms and water at the on-site residence serve needs
for septic system and potable water. No impact
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 19 of 39 ■
Project Name: (Cal Conley) Use Permit UP 0S •
Map Correction COR 06-02
(c)(d)(e) The drainage swale that was the subject of Mitigation Measure #3 of the approved Parcel Map no.longer exists. The
drainage swale was created by overflow..of a drainage ditch along the east property line that"did not: function properly,
according to the applicant. The drainage;ditch was.improved/modified such that off-site;storm runoff'is::captured by the ditch
and no longer traverses the property, in ;the former drainage swale.. Since the drainage no: -longer exists, the map note
establishing a no development zone,around the -former location of the drainage swale.is no longer. -necessary..
The more important question may be what is now -required from.a regulatory perspective, given the- new; location.of. drainage?,
The answer,to this question lies in a permanent solution -to -drainage which has not yet .been, design ed'for-thi&project The use.
permit and map ;correction applications., have been `incomplete.'. for .drainage since submittal in 2006. The uncertainty: of
obtaining. the use, permit coupled with the cost .of-the•drainage studies made paying for. the necessary, drainage. studi'es
infeasible to the applicant, and he continued operating the boat storage facility without benefit of permit.
The California Department of Fish and. Wildlife does not have record of any 1602 permitting activities.: for,the subject,
property,.and did not initiate enforcement activities for previous work. Any future work within the bed', bank --or channel,
however, will require the issuance of a 1602 permit.
In order to get by this impasse and bring the drainage into compliance with current regulations, -staff is proposing,Mitigation-
Measure 7 which would give the applicant one year to complete the drainage studies needed to provide a° county -approved'
permanent solution to drainage. A second year would allow any necessary grading work and improvements, consistent with
approved plans for the permanent solution for drainage, and to record the certificate of correction. The map correction -cannot ,
be acted upon until a permanent solution to drainage is approved; and the use permit condition of approval provides two:
years for the applicant to comply with these requirements. Less than Significant with Mitigation Measure 7.
(f.) No new impervious surfaces are proposed with the project. Project construction activities are subject to National
Pollutant. Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre
or more of land is disturbed. This program requires implementation of erosion control measures during and immediately
after construction that are designed to avoid significant erosion during the construction period. Also, if work would be within
or affect the bed bank or channel of a lake, stream or ephemeral drainage, the 1602 permitting process by CDFW would
provide additional protections to riparian areas which would also serve to protect water quality. No other issues or site
conditions have been identified that would otherwise substantially degrade water quality. Less than significant impact.
(g.) (h.) The project site is located in Flood Zone "X", based on Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Maps (FIRM) 06007C1025 D, and dated April 20, 2000. Flood Zone "X" is defined as "Areas determined to
be outside 500 -year floodplain." No impact
(i.) The site is not in any Dam Inundation Area, as determined by the California State Office of Emergency Services. Oroville
Dam inundation map. No impact.
(j.) The property is not located in an area prone to mudflow, seiche, or tsunami. The property is not located in an area prone
to mudflow. No impact would occur with respect to this natural hazard. No impact.
Mitigation Measure # 7:
Place a condition on the Use Permit that states: "Within one year from the approval of Use Permit UP 06-08, a plan for a
permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans
shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on site and or
conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no
increase in the peak flow runoff to said channel or facility."
Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval.
Timing: The drainage plan shall be submitted and approved prior to construction of the improvement plans, but not less than one
year from approval of UP06-08. The required drainage improvements, if any are required, shall be constructed or bonded within
two years of the issuance of UP06-08.
Monitoring: The Department of Public Works shall ensure, that the required plan is submitted and ensure that the drainage
improvements are constructed or bonded for construction prior to issuance of a building permit.
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 20 of 39 ■
Project Name: (Cal Conley) Use Permit 06-08 & Is
Map Correction COR 06-02
4.10 LAND USE:
Would the proposal:
Potentially
Significant
Less Than
Significant
Less Than
Significant
No
Impact
Reviewed
Under
Impact
with
Impact
Previous
Mitigation
Document
Incorporated
a. Physically divide an established community?
X
b. Conflict with an applicable land use plan, policy, or
regulations of an agency with jurisdiction over the project
(including, but not limited to, the general plan, specific plan,
X
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
The property is zoned MU -1 (Mixed Use 1) and has a General Plan designation of MU (Mixed Use). The properties
adjoining on the north, south and west are zoned MU -1 (Mixed Use 1) and have a General Plan designation of MU (Mixed
Use). The adjoining property on the east is zoned R -R (Rural Residential) with a RR (Rural Residential) General Plan
Designation. The existing boat storage use (on 1.5 acres) is an existing non -conforming use.
The project consists of expanding the non -conforming use (boat storage) from 1.5 acres to 3.25 acres on the 10 acre parcel.
There is a single family dwelling on the property occupied by the applicant. The 1.5 acre boat storage use was established
prior to the February 28, 1984 rezoning the property to A -R when it was part of a larger storage area still adjoining on the
south. The 1.5 acre portion of the storage area became part of the subject 10 acre parcel when the parcel was created by
Parcel Map on February 22, 1999. The A -R zone did not allow houseboat storage, but the use continued as a legal non-
conforming use.
The 1.5 acre area has been in continuous use for houseboat storage. On October 26, 2010, the Butte County Board of
Supervisors (Board) adopted a comprehensive update to the County's General Plan and Land Use Map, which designated the
property MU Mixed Use. On November 6, 2012 the Board adopted a new Zoning Ordinance (Butte County Code Chapter
24) and Zoning Map, which zoned the property MU -1 (Mixed Use 1). The Mixed Use zone does not allow commercial
recreational vehicle storage, but contains provisions for the continuation of legal non -conforming uses in Butte County Code
Chapter 24, Article 22 Nonconforming Uses and Structures, BCC 24-119 et seq.
24-122 D Intensification of Use reads
1. The enlargement of a structure or site occupied by a nonconforming use, or the intensification in any way of the
operation of a nonconforming use, shall require the approval of a Minor Use Permit.
2. To approve a proposed intensification to a nonconforming use, the Zoning Administrator shall make all findings in
Section 24-125 (Findings).
24-125 Findings reads:
The Zoning Administrator may approve a Minor Use Permit for a nonconforming use or structure if all of the following
findings can be made in addition to the findings in Article 31 (Conditional Use and Minor Use Permits):
A. Available evidence indicates that the nonconforming use or structure was legally established.
B. The nonconforming use or structure has not resulted in a notable negative impact or nuisance to the surrounding area.
C. The nonconforming use or structure is compatible with the general character of the surrounding area.
D. The proposed action is consistent with the purpose and intent of the applicable zone.
Impact Discussion:
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 21 of 39 ■
Project Name: (Cal Conley) Use Permit UP 04 , •
Map Correction COR 06-02
(a.) The project -is located within the City -of Oroville's Sphere of Influence and is within_the.OroviHe,:Urban Area. A requesf.
for comments concerning this -,project was sent'to Ahe City of Oroville. No comments were^received: The repair and"
maintenance of the houseboats. are not. located within a highly populated area tharwould:potentially divide the community.
Less than significant impact
(b) The projectTconsists of a' Use Permit to expand a legal, nonconforming use. The expansion area, will: extend''along:;tle:
:,common eastern property line with the adjoining R-R;(Rural Residential) zoned property: The frees an&vegetation.inthe.area .
serve to soften.views of the;boaystorage area. r Mitigation:Measures,recommended+by this.study include prohib.iting;the.'use;
or;storage.of,hazardous materials oft site and.requiring other, material's•,,used'on site -t6 adhere. toimanufacturer.'§ instructibns.,
Sandblasting must. meet the requirements of the Butte. County.Air. Quality Management.District: Compliance_ with applicable;
A:. regulations, and the ability to make findings needed to approve the. project, will reduce land use.incompatibilities.,ih:this.rurak,
area to Less than Significant with Mitigation Measure #2
(c.).The proposed,.project would not conflict with any, adopted.Habitat Conservation. Plan, Natural Community- Conservation*
Plan or.other approved conservation plan. There are no plans thatmould be applicable to the proposed project. N6 Impact,.,
Mitigation Measure: None
4.11 MINERAL RESOURCES:
Would the
,Potentially
Less Than
Less Than
No
Reviewed
proposal:
Significant
Significant
Significant
Impact
Under
Impact
with
Impact
Previous,
Mitigation
Document
a. Exposure of persons to or generation of noise levels in
Incorporated
a. Result in the loss of availability of a known mineral
X
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
X
mineral resource recovery site delineated on a local general
X
plan, specific plan, or other land use plan?
X
Impact Discussion:
(a.) (b.)No mining operations have occurred on the project site or in the project area. The California Geological Survey (CGS) has
not classified the project site as being located in a Mineral Resource Zone (MRZ). The proposed project would not use or
extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore, the project
would have no impact on mineral resources. No Impact
Mitigation Measure: None required.
4.12 NOISE:
Would the proposal:
Potentially
Significant
Less Than
Significant
Less Than
Significant
No
Impact
Reviewed
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 or
X
noise ordinance, or applicable standards of other agencies?
b. Exposure of persons to or generation of excessive ground
borne vibration or ground borne noise levels?
X
c. A substantial permanent increase in ambient noise levels in
the project vicinity above levels existing without the
X
project?
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 22 of 39 ■
Project Name: (Cal Conley) Use Permit 006-08 & •
Map Correction COR 06-02
Would the proposal:
Potentially
Significant
Less Than
Significant
Less Than
Significant
No
Impact
Reviewed
Under
Impact
. with
Impact
Previous
Mitigation
Document
Incorporated
d. A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
..X
without the,project?
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 project
X
expose people residing or working in the project area to
excessive noise levels?
E For a project within the vicinity of a private airstrip,
would the project expose people residing or working in
X
the project area to excessive noise levels?
Setting:
The project site is located in an area of rural residences and vacant land. Noise levels on the site primarily originate from
vehicles on Miners Ranch Road.
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.
General Plan Policy HS-P1.7specifies that "'(a)pplicants for discretionary permits shall be required to limit noise -generating
construction activities located within 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 4 1 A Noise Control Ordinance, implements General Plan policy. Construction activities are exempted
from the Noise Control Ordinance, per BCC §41A-9, 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 8:00 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 in process be continued until a specific phase is completed, the contractor
or owner shall be allowed to continue work into the hours delineated above and to 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;
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 23 of 39 ■
Project Name: (Cal Conley) Use Permit UP 060& •
Map Correction COR 06-02
Impact Discussion:
Noise is usually;,defined.,as unwanted•sound:..It is an-undesirable.by. producrofsociety's normanday,-to-day activities.. Sound
Abecomes unwanted mhen .it interferes -.with: normal, ac.ti.vities,,whenJcauses. actual' phy,._s cal:: harm . or when it.: has adverse:.
:.effects on: health. The definition. of'noise, as,unwanted sound;, implies that it hasp an- adverse effect on- people.. and -their -
environment. Noise is measured on a logarithmic scale of sound pressure.,leve,Unowrt as a;deciliel'(dB);
Nois(sources .occur in two .,forms: •(1). point;; sources, such as stationaryr equipment,• loudspeakers„ or. individual', motor
vehicles; and (2) line•sources,: such large number"ofpoint sources.(:motor;vehiclesj; Sound' nerated"by.
to point source typically -diminishes: (attenuates) at:a rate.:of 6:0,.dB(A). for each doubling of'di'stance: from, the, source: w the.
re� eptor at -acoustically "hard" sites and 7.5 dB(A) at acoustically-"soft"'sites: For example, a,60'-dB(A) noise' level: measured';
at 50 feet from appoint source at an acoustically hard.site would be 54 dB(A)'at100.feet from. thesource•and 48°dB"(4) at.2001^•..
feet from the source. Sound, generated by aline source typically attenuates at a-rate•of3.0, dB(A) and 4.5 dB(A) per. doubling
of distance, from the source. to. the receptor, for hard and soft, sites, respectively. Sound`levels::can also be attenuated`by.man
.-made or natural barriers.
Sensitive receptors, are facilities. where sensitive receptor population ;groups (children, the elderly, the acutely ill. and.the
chronically ill) are likely to be located. These land uses include., residences, schools,. playgrounds; child care centers; retirement
homes, convalescent homes, hospitals and medical clinics. Noise -sensitive receptors in the project area include dwellings and
residents that are adjacent to the project site.
(a.) (b.) (c.) (d.) The project site is located in a rural residential area with generally low noise levels and is not subject to any
significant continuous noise., Vehicular traffic noise and noise from residential uses -are --the dominant sources of noise;in the
Vicinity, of the project site. No construction is proposed with the use, permit or certificate of correction. Activities (repair of
houseboats) associated with this project could create a significant increase in ambient noise- levels within or in proximity to,
the project site. Noise from the project would not be compatible with the existing noise environment at night which is•
expected to be low in this rural area. Mitigation #1 from the Aesthetic Section 4.1 of this study prohibits the movement of
houseboats within, into of off of the property during evening or nighttime hours. It also prohibits the maintenance of boats
requiring lighting during evening and nighttime hours. Mitigation Measure #1 is reiterated below, and it will result in Less
than Significant Impacts with Mitigation.
(e.)(f.) The project is not within a designated airport land use compatibility plan or near a private airstrip. No Impact.
Mitigation Measure #1 (Repeated from Section 4.1)
Place a condition on the Use Permit that states: "There will be no evening or nighttime movement of houseboats within, into,
or off of, the property. Maintenance of boats requiring lighting (e.g. sandblasting and painting) shall not occur during
evening and nighttime hours.
Plan Requirements: Houseboats may only be moved on, around or off—site, or maintained/serviced between the hours of 7
am and 7 pm.
Timing: Requirements of the condition shall be adhered to throughout the use of the parcel.
Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use
Permit. Violations of the mitigation will be reviewed on a complaint basis.
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 24 of 39 ■
Project Name: (Cal Conley) Use Permit 06-08 & •
Map Correction COR 06-02
4.13 HOUSING:
Impact Discussion:
Butte County is currently home to over 217,200 people, with a projected population of 241,515 by 2015. This projection is
supported by the fact that population increase has been steady for the last ten years, with an annual average increase of 1,770
people (0.9 percent). Between 1996 and 2006, population grew about 9 percent in the county.
(a.) (b.) (c.) The proposed Use Permit is to expand a legal nonconforming houseboat storage area. No new dwellings are
proposed. No housing will be displaced. No people with be displaced. No Impact
Mitigation Measure: None required.
4.14 PUBLIC SERVICES:
Would the
Potentially
Less Than
Less Than
No
Reviewed
Would the proposal:
Potentially
Significant
.Less Than ,
Significant
Less Than
Significant
No
Impact
Reviewed
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 example, through extension of
X
roads or other infrastructure?
X
b. Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
X
elsewhere?
c. Displace substantial numbers of people, necessitating the
X
construction of replacement housing elsewhere?
X
X
Impact Discussion:
Butte County is currently home to over 217,200 people, with a projected population of 241,515 by 2015. This projection is
supported by the fact that population increase has been steady for the last ten years, with an annual average increase of 1,770
people (0.9 percent). Between 1996 and 2006, population grew about 9 percent in the county.
(a.) (b.) (c.) The proposed Use Permit is to expand a legal nonconforming houseboat storage area. No new dwellings are
proposed. No housing will be displaced. No people with be displaced. No Impact
Mitigation Measure: None required.
4.14 PUBLIC SERVICES:
Would the
Potentially
Less Than
Less Than
No
Reviewed
proposal:
Significant
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 new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
X
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times, or other
performance objectives for any of the public services?
b. Fireprotection?
X
c. Police Protection?
X
d. Schools?
X
e. Parks?
X
f. Other public services?
X
Impact Discussion:
The project consists of expanding a legal nonconforming use (boat storage) from 1.5 acres to 3.25 acres on the 10 acre parcel.
There is a single family dwelling on the property occupied by the applicant. The 1.5 acre boat storage use was established
prior to the February 28, 1984 rezoning the property to A -R when it was part of a larger storage area still adjoining on the
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 25 of 39 ■
Project Name: (Cal Conley) Use Permit UP A •
Map Correction COR 06-02
south.. 'The 1.5 acre portion of the storage area became.part!of the subject. 10 acre parcel, when the: parcel'.was created by
Parcel Map on February 22,.1999. The 13,,,acre area has been in continuous use for•houseboat°storage:.
(a.) The expansion of the houseboat storage area,will not increase the need for new government°.facilities. No:Impact
(b.) (c.) (d.) (e.) (f.) The addition of houseboat storage area will not increase the demand for additional'. fire; police, and, school'
or park services. Less Than Significant Impact....:...._._..M... _,
Mitigation Measure: None required.
4.15 RECREATION:
,,
Potentially
Less'Than
Less ,Than
No
Reviewed -
Would the proposal:
Significant
Significant
Significant
Impact
. Uoder,
..Impact
with
Impact
Pirevious:
Mitigation
Document
a. Cause an increase in traffic which is substantial in relation
Incorporated
a. Increase the use of existing neighborhood and regional
parks or other recreational facilities such that substantial
X
physical deterioration of the facility would occur or be
X
accelerated?
b. Include recreational facilities or require the construction or
expansion of recreational facilities which might have an
X
adverse physical effect on the environment?
Impact Discussion:
The project consists of expanding a legal nonconforming use (boat storage) from 1.5 acres to 3.25 acres on the 10 acre parcel.
There is a single family dwelling on the property occupied by the applicant. The 1.5 acre boat storage use was established
prior to the February 28, 1984 rezoning the property to A -R when it was part of a larger storage area still adjoining on the
south. The 1.5 acre portion of the storage area became part of the subject 10 acre parcel when the parcel was created by
Parcel Map on February 22, 1999. The 1.5 acre area has been in continuous use for houseboat storage.
(a.) (b.) The expansion of the houseboat storage area will not increase the need for regional parks. The storage of boats on
the property is a response to the demand for houseboat use of Lake Oroville. Government and private management of access
to the Lake determines the upper limits of this use. Less Than Significant Impact
Mitigation Measure: None required.
4.16 TRANSPORTATION/TRAFFIC:
Would the proposal:
Potentially
Significant
Less Than
Significant
Less Than
Significant
No
Impact
Reviewed
Under
Impact
with
Impact
Previous
Mitigation
Document
Incorporated
a. Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street system
(i.e., result in a substantial increase in either the number of
X
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
b. Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
X
management agency for designated roads or highways?
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 26 of 39 ■
Project Name: (Cal Conley) Use Permit 06-08 &
Map Correction COR 06-02
Would the
Potentially
Less Than
Less Than
. No
Reviewed
proposal:
Significant
Significant
Significant
Impact
Under
Impact
with
Impact
Previous
-Mitigation
Document
Incorporated
c. Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results
X
in substantial safety risks?
d. Substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible
X
uses (e.., farm equipment)?
e. Result in safety issues for pedestrian and/or vehicle
safety?
X
E Result in inadequate emergency access?
X
g. Result in inadequate parking capacity?
X
h. Conflict with accepted policies, plans or programs
supporting alternative transportation (e.g., bus turnouts,
X
bicycle racks)?
Impact Discussion:
The quality of traffic flow is defined by level of service (LOS). Levels of services are qualitative descriptions of traffic operating
conditions. These levels of services are designated with letters ranging from LOS A, which is indicative of good operating
conditions with little or no delay, to LOS F, which is indicative of stop -and -go conditions with frequent and lengthy delay.
(a.) (b.) Staff reviewed traffic studies prepared by both the Butte County Department of Public Works and the Butte County
Association of Governments (BCAG). In July 2007, Butte County Department of Public Works performed a traffic count for
Miners Ranch Road, just south of Oro Quincy Highway and north of the project site. The traffic count determined an
average daily trip count of 2,825 at this location. Minors Ranch Road is classified as a major road. The Butte County
General Plan sets the capacity of a major road at 9,500 trips per day. The existing boat storage consists of 8 to 10 houseboats
depending on the season. The total area for boat storage, including the expansion area, can house up to 25 boats. The
transportation of houseboats to Bidwell Marina, or the Loafer Creek boat ramp, both approximately 3 miles from the project
site, is periodic in nature. The traffic impact of an additional 10 to 15 periodic transportation of houseboats is not
measureable, but well within the trip count difference between the existing trips and the maximum trips for Miners Ranch
Road. Less Than Significant Impact
(c.) The site is not within any Airport Land Use Compatibility Zone. The project site would be developed with boat storage,
which typically would not exceed 30 feet in height. No Impact.
(d.) The project could cause a minor increase in vehicle traffic. at the intersection of Oro Quincy Highway (SR -162) and
Miners Ranch Road. Comments on this proposed project were requested from Caltrans, which responded with "no
comment". The project is not expected to have a significant impact to vehicle circulation on SR -162 because of the periodic
and limited amount of vehicle traffic that would be generated by the project. Less Than Significant Impact
(e.) (f.) (g.) (h.). Only 3.5 acres of the 10 acre property will be used for boat storage. The expansion of the boat storage area
will not affect emergency access, parking capacity, or conflict with alternative transportation policies. No Impact.
Mitigation Measure: None required
4.17 UTILITIES AND SERVICE SYSTEMS:
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 27 of 39 ■
Project Name: (Cal Conley) Use Permit UP A
Map Correction COR -06-02
r;
Would. the.proposal:.., ,
-.Potentially
Significant
Less-ffhan:
Significant
LessXhan,
Significant
No.
'.Impact--
"Reviewed+
Under
•
Impact
with.,
Impact
Impact
Peeviouss-
„
,
Mitigation.
Impact
Document_
Incorporated
Document
a. Exceed wastewater treatment requirements of the
Incorporated
X
applicable Regional Water Quality Control Board?
b. Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
X
environmental effects?
X
c. - Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
X
construction of which could cause significant
environmental effects?
d. Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
X
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 project's projected demand
X
in addition to theprovider's existing commitments?
f. Be served by a landfill with sufficient permitted capacity
X
to accommodate theproject's solid waste disposal needs?
g. Comply with federal, state, and local statutes, and
regulations related to solid waste?
X
Impact Discussion:
(a.) (b.) (c) (d.) (e.) The project consists of the storage of houseboats and similar equipment. There will be no new demand
for wastewater, new water, new storm water, demand on water supplies, or use capacity of existing treatment facilities. Less
Than Significant Impact
(f.) (g.) The project is the storage of houseboats and similar equipment. This storage activity will not produce solid waste.
No Impact
Mitigation Measure: None required
4.18 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065):
Would the
Potentially
Less Than
Less Than
No
Reviewed
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 community, reduce the number or restrict
X
the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of
California history or prehistory?
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 28 of 39 ■
Project Name: (Cal Conley) Use Permit 06-08.&
Map Correction COR 06-02 a
'Would the proposal:
Potentially
Significant
Less Than
Significant
Less Than
Significant
-No
Impact
Reviewed
Under
Impact
with
Impact
Previous
Mitigation "
Document
Incorporated
b. Have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of it
project are considerable when viewed in connection with
X
the effects of past projects, the effects of other current
projects and the effects of probable futureprojects)?
c. Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
X
directly or indirectly?A.
The project has'the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to
Initial Study Checklist Items 4.1 — Aesthetics; 4.3 — Air Quality; 4.5 — Cultural Resources; 4.6 — Geologic Processes; 4.7 —
Hazards/Hazardous Material; 4.8 — Hydrology; Water Quality; and 4.9 — Land Use. Cumulative impacts to these areas would
be mitigated due to the inclusion of Mitigation Measures I and 7 as itemized under Section 5.0 — Mitigation Measures and
Monitoring Requirements.
CUMULATIVE IMPACT ANALYSIS
An examination of properties within 2.5 miles of the project site finds that there are no lots or use permits that are either
approved for subdivision or development, or in the process of being further subdivided or developed. The addition of
houseboat storage is not reasonably measurable for cumulative impact analysis.
Aesthetics (Section 4.1)
Mitigation Measure #1 prohibits all movement of houseboats, repair or painting activities between the hours of 7:00 pm and
7:00am.
Air Quality (Section 4.3)
Mitigation Measure #2 requires dust control measures and that sandblasting activities be consistent with the
regulations of the Butte County Air Quality Management District
Biological Resources (Section 4.4)
Mitigation measures are recommended to protect existing oak trees by restricting storage within the drip line and by requiring
that the applicant obtain a 1602 Lake and Streambed Alteration Permit for any work in a bed, bank, or stream of a lake or
stream.
Cultural Resources (Section 4.5)
A condition will be placed on the Use Permit that requires the applicant to cease activities if cultural resources are
discovered.
Hazards/Hazardous Material (Section 4.7)
Mitigation Measure #6 prohibits the use of hazardous materials on site and requires that all other materials be used according
to manufacturer's instructions.
Hydrology (Section 4.8)
Mitigation Measure #7 requires that a hydrology analysis be conducted to determine how drainage waters are either detained
on the property or conveyed to the nearest natural drainage channel.
Noise (Section 4.11)
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 29 of 39 ■
0 Project Name: (Cal Conley) Use Permit Up 06 *• - T`, �{
Map Correction COR 06-02 i >
Recorded Parcel Map -1999 (3 of 3)
o
1.
/
+
-
• ,a'
t '
Project Name: (Cal Conley) Use Permit lfi 06-08 &
Map Correction COR 06-02
Recorded Parcel:Map:=1999 (2 of 3).
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■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 w Page 36 of 39 ■
Project Name: (Cal Conley) Use Permit UP 0660&
Map Correction COR 06-02
permit, for any planned activities affecting the bed; bank, or channel of any drainage/watercourse on site, or if needed due to past
work in the bed bank or channel.
Plan Requirements: No vegetation removal, grading, road construction, or other earthwork affecting the bed, bank, or stream of
any waterway shall be permitted until the 1602 permit is submitted and approved.
Timing: Requirements of the condition shall be satisfied prior to any development activity or recordation of the certificate of
correction. In any case, any necessary. 1602 permit shall be obtained within two years of the issuance of the use permit UP 06708.
Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the
permit is obtain prior to recordation of the certificate of correction.
Mitieation Measure #4 (Oak Woodland Resources):
Place a condition on the Use Permit that states: "Prior to any development activity or the issuance of any permit or approval
removing or encroaching upon oak trees on the project site (this generally includes the canopy drip -line of trees within the
area of ground disturbance and trees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a
certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval
by the Director of Development Services or his/her designee that includes:
1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC
§21083.4(a);
2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be
mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation
easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures
developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation.
Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the
replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the
new oak trees are planted;
3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent
with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be
submitted to and approved by the Director of Development Services or his/her designee. Replanted trees
shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference
with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from
livestock and other animals;
4) Oak Tree protection measures for trees to be retained within the project site shall be included in
construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by
the drip line of the. tree. An orange plastic fence or other suitable type of fence shall be used to identify the
tree zone during construction activities. No vegetation removal, soil disturbance, or other development
activities shall occur within the tree zone in order to protect root systems and minimize compaction of the
soil, unless authorized by Oak Tree Mitigation Plan; and
5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and
approved by the Director of Development Services or his/her designee."
Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree
plan is submitted and approved.
Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading,
building, septic, or well permit, or the approval of any improvement plans on the parcels.
Monitoring: The Butte County Department of Development Services and Department of Public Works 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. At
the time of septic, well, or building permit application, the Development Services Department will reference this requirement
on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to
and approved by the Director of.Development Services or his/her designee. Butte County building inspectors shall ensure
compliance on-site.
Mitigation Measure # 5: (Cultural Resources)
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 31 of 39 ■
Project Name: (Cal Conley) Use Permit UP 06-08 & •
Map Correction COR 06-02
The Mitigation Measure.#,L prohibits.the+movement of houseboats, repair or painting activities:betweenrthe. hours of 7:00 pmt
and 7`:00am.
5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS'
Mitigation Measure #1 (Hours of Operation):
Place, a condition:on the Use Permit •that states: "There'will be'no evening,or nighttimemovement of houseboats°within;.into,'
or off of, the property. Maintenance of boats requiring lighting_(e.g. sandblasting andpainting) shall not, occur -during,.
evening and nighttime hours.
Plan Requirements: Houseboats may only be moved on, around or,off—site,-or maintained/serviced between the hours'of-7
am and 7 pm.
Timing: Requirements of the.condition shall be adhered to throughout the use of the parcel.
Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition,of the Use
Permit. Violations of the mitigation will be reviewed on a complaint basis.
Mitigation Measure # 2 (Dust Control, Sandblasting, Painting):
Place a condition on the Use Permit that.requiring compliance with applicable air quality regulations, inclusive of but not.
limited to the following:
Control Dust
a. During installing or movement of houseboats or other stored equipment, 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 movement of houseboats or other equipment, 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. 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.
d. Other measures may be required as determined appropriate by the Butte County Air Quality Management District
(BCAQMD) or Department of Development Services in order to control dust.
Sandblasting, Painting Only as Permitted
e. No sandblasting or painting of boats or other equipment is to take place unless activities are consistent with
applicable regulations of the BCAQMD.
Plan Requirements: The note shall be -made a condition of the Use Permit.
Timing: Requirements of the condition shall be adhered to throughout the use of the parcel.
Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use
Permit. Violations of the mitigation will be reviewed on a complaint basis.
Mitigation Measure #3 (1602 Streambed Alteration Permit):
Following approval by the Department of Public Works, Land Development, of a permanent solution for drainage, applicant shall
apply to and obtain from the California Department of Fish and Wildlife a Lake and Streambed Alteration Permit, aka 1602
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 30 of 39 ■
Project Name: (Cal Conley) Use Permit UP 065&
Map Correction COR 06-02
6. ' ' Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M
Hill, 1977.
7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M
Hill, 1977.
8. Butte County Planning Department. Natural Fire Hazard Classes Mandl 1-4, Safety Element. Oroville, CA:
CH2M Hill, 1977.
9: Butte County.Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983.
10. Butte County Planning Department. School District Man. Oroville, CA.
11. National Flood Insurance Program. Flood Insurance Rate Mans. Federal Emergency Management Agency. 1989
and 2000.
.12. USGS Quad Maps.
13. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture.
14.. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture.
15. NRCS Soil Survey of Butte County (2006)
16. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map, and the Butte
.County Fire Department and California Department of Forestry, 1989
17. California Natural Diversity Database (CNDDB) accessed through Rarefind 2, Government Version, Jan -02-2008.
18. Butte County Airport Land Use Compatibility Plan, December 20, 2000 by Shutt -Moen
19. 1979 Thermalito Drainage Study, Butte County Planning Department
20. Cumulative traffic analysis prepared by RKH Engineering May `30, 2007 on behalf of the Diamond Oaks
Subdivision'
21. Thermalito Water and Sewer District standards.
7.0 CONSULTED AGENCIES:
[X] Environmental Health
[X]
Public Works
[X]
Building Manager
[ ] BCAG
[ ]
ALUC
[X]
LAFCo
j } Air Qual. Management Dist.
[ ]
City of Chico
[ ]
City of Biggs
] City of Gridley
[X]
City of Oroville
[ ]
Town of Paradise
[ ] CA Department of Forestry
.[X]
CalTrans (Traffic)
[ ]
Central Reg. Water Quality
[ ] Department of Conservation
[ ]
CA Dept. of Fish and Game
[ ]
Highway Patrol
[ ] Army Corps of Engineers
[ ]
US Fish & Wldlife Service
[ ]
Agricultural Commissioner
[ ] Butte Co. Farm Bureau
[X]
Oroville Union School Dist.
[X]
Feather River Rec. Dist.
[ ] El Medio Fire Dept.
[ ]
SFWPA
[X]
Thermalito W & S Dist.
[ ] PG&E
[ ]
Pacific Bell
[ ]
SBC
` [ ] Oroville Elem. School Dist.
[X]
County Assessor
[X]
Thermalito Union Sch. Dist.
[ ] Dept of Water Resources
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 33 of 39 ■
0
Project Name: (Cal Conley) Use Permit UP 06-08 &
Map Correction COR 06-02
Place a condition on the Use, Permit that states:. " Should,,grading_ activities reveal `thepresence. of cultural resources;(i e:,.
artifact concentrations, including arrowheads and.other stone ;too ls,,gy;chipping debris;, cans, ,gtass; etc.;; structural xemaitis;_
human skeletal. remains), work --„within 5,Q;feet of the. find shalt -cease -immediately until; a qualified professional archaeologist
can be consulted to evaluate.ithe resources and implement appropriate_ data recovery,procedures4necessary: Should human,
skeletal remains , be encountered, State law requires immediate notification of the County- Coroner. Should'. the-, C:6unty-
Coroner determine that the .burial consists. of prehistoric„human .r_, ains, the Native American Heritage Commission- in
Sacramento shall be notified immediately, pursuant to. State law, to arrange -for Native American participation in:determiiiing:
the disposition of such remains.”
Plan Requirements: The note shall be made a condition of the Use Permit.
Timing: Requirements of the condition shall be adhered to throughout the use of the parcel.
Monitoring: Any person performing ground -disturbing work shall be responsible fors notifying the- Department of -
Development Services and a qualified archaeologist in the -event cultural resources are discovered. .The Departmentiof.
Development Services shall coordinate with the contractor and appropriate authorities to avoid damage to cultural resources
and determine appropriate action.
Mitigation Measure #6 (No Hazardous Materials):
Place a condition on the Use Permit that states: "No materials classed as `hazardous' shall be stored or used on the property.
All (other) materials for the cleaning and maintenance of boats, must be stored and used in compliance with manufacturer's
instructions.”
Plan Requirements: The note shall be made a condition of the Use Permit.
Timing: Requirements of the condition shall be adhered to throughout the use of the parcel.
Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use
Permit. Violations of the mitigation will be reviewed on a complaint basis.
Mitigation Measure # 7:
Place a condition on the Use Permit that states: "Within one year from the approval of Use Permit UP 06-08, a plan for a
permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans
shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on site and or
conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no
increase in the peak flow runoff to said channel or facility."
Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval.
Timing: The drainage plan shall be submitted and approved prior to construction of the improvement plans, but not less than one
year from approval of UP06-08. The required drainage improvements, if any are required, shall be constructed or bonded within
two years of the issuance of UP06-08.
Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage
improvements are constructed or bonded for construction prior to issuance of a building permit.
6.0 ENVIRONMENTAL REFERENCE MATERIAL:
1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville,
CA: CH2M Hill, 1977.
2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA:
CH2M Hill, 1977.
3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA
CH2M Hill, 1977.
4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill,
1977.
5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977.
■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 32 of 30 ■
Project,Name: (Cal Conley) Use Permit UP 06-08A
Map Correction COR 06=02'
8.0'. 'PROJECT SPONSOR(S) INCORPORATION OF -MITIGATION INTO
PROPOSED PROJECT:
I/We have xeviewed the ,Initial -Study for- the Cal Conley. Use Permit 'UP06-08 (APN072-070-021),
-...application and particularly, the. mitigation- measures identified herein.. UWe hereby modify the
.application on :file .with the Butte-: County_.Planning, Department.:to include and incorporate all
-
f
this
-
Cal Conley Date
■ Butte County Department of Development Services a
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 34 of 39 ■
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SURVEYOR'S STATEMENT
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1N15 MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND WAS COMPILED FROM
-
RECORD DATA AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH TTIE
Y REQUIREMENTS OF THE SUB W90N MAP ACT AND LOCAL ORDINANCE AT THE REOUEST
OF LEROY BERRY ON FEBRUARY fA 1897. 1 HEREBY STATE TNAT NS
PARCEL MAP SUBSTANTIALLY CONFORMS To THE APPROVED OR CoNvED
OITIONALLY APPRo
- RECORDER'S STATEMENT
'_
- -
TENTATIVE MAP, IF ANY. THE MONUMENTS SHOWN HEREON ARE 01 THE _
CHARACTER AND OCCUPY WEPOSITIONS INDICATED AND ARE IN PLACE AND
c FILED TNISTfiN pq7 OFFseRVRA.Y /9�. AT ?:Of ,M. ,j'`
ARE SUMCI£NT TO ENABLE THE SURVEY TO BE RETRACED.
IN BOOK-di—OF MAPS AT PAGE 8•-02.
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AT THE REOU£ST OF LEROY BERRY
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SERIAL N0. 1499-Om798D
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COUNTY RECORD
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BY DEPUTY '
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STATE OF CALIFORNIAt -
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COUNTY OF BUTTE SSS r ♦
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ONN PERSONALLY
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ORP PERSONALLY KNOWN To ME
OR PROVED ME ON E BASIS 6r SATISFACTpTY .
W- . Ste1. ,97' c
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EWDENCE TD BE THE PERSONS) WHOSE NAME(S) IS/ARE
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I HAVE EXAMINED THIS MAP AND IT 1S SUBSTANTIALLY THE SAME AS IT APPEARED
SUBSCRIBED TO THE TWTHN WSTRUMENT AND ACRNO)REDGED -
PARCEL
ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF ALL OF THE
TO ME THAT HE/SHE/IHEY EXECUTED THE SAME 1N HIS/HER/ -
SWE
PROVISIONS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES APPLICABLE AT
THE WE OF APPROVAL OF TKE TENTATIVE MAP HAVE BEEN COV.PUID WITH AND I `
THEIR AUTHORIZES CAPACf;g ), AND THAT BY HIS/HER/INEIR
STGNATURE(S) ON THE NSRUMENT THE PERSON(S) OR ENTITY
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AM SABSF)ED THAT THIS MAP IS TECHNICALLY CORRECT. _
UPON BEHALF OF YNICH W PERSON(S) ACTED, EXECUTED -
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THE INSTRUMENT.
WIINESS MY NAND AND OFFICIAL SEAL 1ws„
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STUART EDEU - ROE 29132
DEPUTY COUNTY SURVEYOR EXP. 31-31/98
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STATE OF CALIFORNIA Y ,`
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TTE LEROY BERRY AS OWNER AND nDE1UTY MATIOMAL RILE COMPANY PRENOUSLY : '
COUNTY OF BUTTE 1 -� •2 . a .
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., KNOWN AS BUTTE COUNTY TIRE COMPANY AS TRUSTEE OF DEED OF TRUST +'� }) a,
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OATEO JULY TB, 1993 AND RECORDED JKY20, 1893 UNDER RECORDER SERIAL
"+ NUMBER 83-31977 DO HEREBY STATE THAT WE ARE THE ONLY PARTIES HAWNG
pN d -TQ -49 PERSONALLY
RECORD n7LE INTEREST IN THE REAL PROPERTY S18 WDED. AND WE HEREBY
CONSENT TO THE PREPARATION AND RECORDATION OF THIS PARCEL MAP IN -
APPEARED u•z o h.-. pERSONALLr KNOWN ib ME
OR PROVED TD ME ON TFIE BASIS OF SATISFACTORY'
-' -
ACCORDANCE M47H SECTION 20-/10 OF BI/TTE COUNTY SVBLXV/51pN
ORDINANCE
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE
SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACIWOWLEDOED
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�y 1RDEUTY
TO ME THAT HE/SHE/THEY EXECL)TID THE SAME IN HIS/HER/
THEIR AUTHORIZEDAND THAT BY HIS/HER/IHETR
THEIR AUTHORIZED HE INSTRUMENT
ON THE ACI METFT THE PERSON(S) OR
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PARCEL.. MAP
NATIONAL TITLE COMPANY
LEROY BERRY A cAEDroaxla CORPORA ??ON
ENTITY
4 UPON
OF W41CH THE PERSOIr(S) ACTED, EXECUTED t
LOT 1t10 OF O.WF.L UNIT W. S �
FRod in Soak 8 of Maps, Pages 37A & 38A
TWTNESS MY PIANO AND OFFICIAL SEAL.
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.■ Butte County Department of Development Services ■
■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 39 of 39 ■
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Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
February 27, 2006
To:
Subject:
Applicant:
Planner:
APN:
Location:
"0
0
0
0
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Ity
Inter-Departmental Review Committee
Evaluation and Completeness of Application
Conley, Cal Certificate of Correction COR 06-02
Carl Durling, Butte County Planning Division -
072-070-021
east side of Minors Ranch Road approximately 1/2 mile south of Oro -Quincy
Highway (SR 1621
30 -Day Complete 3/27/2006
Date of IDR 3/22/2006
This application is being provided to you for comments. Please see attached documents. A hard copy of
the application, including maps, has been sent to Environmental Health, Assessor's Office, Public Works
Director, Agricultural Commissioner, CDF,.Dept. of Water Resources, and Dept. of Fish and Game. All .
Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The
purpose of this notice is to give you the opportunity to comment ori the completeness of this application
" electronically to the planner, so that preparations can be made for the IDR meeting on 3/22/2006.
Do you find this application complete?
❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What '
is needed to make the application complete?
❑ • YES. My Department's conditions and/or mitigation measures are attached or will be provided at
the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be
provided no more than 1 week after the meeting.
Standard Conditions are attached for your convenience.
(PLEASE SEND YOUR RESPONSE TO:. cdurling@buttecounty.net).
Signature: Department:
Date: .
l
K:/Planning/Projects/A New File/IDR Memos/IDR Completeness
8/30/05
LEAD IN SHEET
FILE NO: COR 06-02
APN: 072-070-021
APPLICANT: Cal Conley
6250 Minors Ranch Road
Oroville, CA 95966
OWNER: Same '
REPRESENTATIVE:
REQUEST: Certificate of Correction to delete condition 1' of PM 146/2 recorded October 1998
at Book 146, Page 82 (TPM 97-21), and deleting the "no development zone" as reflected on the
map
a..
LOCATION: east side of Minors Ranch Road approximately 1/2 mile south of Oro -Quincy ,
Highway (SP 162)
SIZE: 10 acres
SUPERVISORIAL DISTRICT # 1
EXISTING ZONING: A -R, ((Agricultural -Residential))
GENERAL PLAN DESIGNATION: LDR(Low Density Residential)
ZONING HISTORY:
SURROUNDING ZONING:
SURROUNDING LAND USE:
SITE HISTORY:
APPLICABLE REGULATIONS:
ASSIGNED PLANNER: Carl Durling
Date Application Received: 2/27/2006
Date Project Assigned: 2/27/2006
IDR Date: 3/22/2006 ;
30 -Day Complete: 3/27/2006
"DRAFT" LEAD IN SHEET
FILE NO: C,�D 2 06 %O aL AP#' �i 7� - 07o—o&
APPLICANT: GSC_ Gni+!G 61' /Z4plod A43. ®moo/le
OWNER:
REPRESENTATIVE: 6A(06) � S
PROPOSED REQUEST: (to be filled out by person taking in application) "
FINAL REQUEST: (to be filled out by project pl e)
-� v= oRnacj7-ro,� o e c CD.va 17-
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Q L't�T �� � Tbfrsr ' Nm dJ ��i�Z.dP/vtc,�i✓ Zy.✓�" « .ks .�'e,Fl��-� � fl.� �.P �A�
SIZE: 19
LOCATION: L AsT -.Ti /Qus 01 41,1,vg l s Pe,4:445:7 A IM -A D
SUPERVISORIAL DISTRICT # EXISTING ZONING: -'
GENERAL PLAN DESIGNATION:
ASSIGNED PLANNER: PLANNER'S INITIALS
Date Application Received��1 d Olv
Date Proiect Assigned 2-7 re,4,) 0$f
i
IDR Date
30 Day Complete a7 Or 0
'Tentative Hearing Date
KAP1anning\Fonns\ead In Sheet.doc
COMMENT DISTRIBUTION LIST
APPLICANT: -' C
PLANNING
PROJECT DESCRIPTION:—,f ( ATI (-(G -T D/' � /� c�Gr«iV FILE NO.:
DATE: 93 FC Y3 Off.
AP NO:
County Offices and Cities:
Planning Division
X Assessor's 0>fce - Mapping BCAG
X Environmental Health'
— City of Biggs ALUC
— Building Manager
City of Chico APCD
Flo
City of Gridley Butte Co. Farm Bureau
X Agricultural Commission
City of Oroville _ ` Chico Airport Commission
X Public Works/Land Dev
Town of Paradise Chief Administrative Officer
Fire Protection:
X California Department of Forestry _ EI Medio Fire Protection District
Domestic Water:
. S.F.W & P. Agency (OWID)
_ Butte Water District _ Del Oro Water Co...
California Water Service Co.
_ Thermalito Irrigation District _ Other
Utilities:
PG&E North - Chico
Pacific Bell _ Chambers Cable TV
_
PG&E South - Oroville
Viacom Cable TV'
Irrigation District:
_ Biggs / West Gridley Water
_ Durham Irrigation Dist. _ Paradise Irrigation Dist.
Richvale Irrigation Dist.
Table Mountain Irrigation Dist.
Sewer:
_ L.O.A.P.U.D. _
Sterling City Sewer Main_ Skansen Subdivision (CSA 21)
Drainage Districts:
Sacramento & San Joaquin Drainage
Dist. _ Reclamation District No. 833
Drainage District 200
_ Reclamation District No. 2054
Reclamation District No. 2056
State Agencies:
CalTrans
Dept. of Water Resources Dept. of Fish'arid Game
Federal Agencies:
U.S.' Forest Service
_ _ U.S. Bureau of Land Management
Other Districts, Agencies, Committees, etc.:
K:\Planning\FORMS\APPLICATIONS\Lead-in Sheet Distribution List.doc `
4
BUTTE COUNTY
STANDARD CONDITIONS FOR
CERTIFICATE OF CORRECTION
APPLICANT: Conley, Cal
AGENT: Robert E. Brooks
PLANNER: Carl Durling
DATE RECEIVED: 2/27/2006
APN: 072-070-021
FILE#: COR 06-02
PROJECT DESCRIPTION: Certificate of Correction to delete condition 1 of PM 146/2
recorded October 1998 at Book 146, Page 82 (TPM 97-21), and deleting the "no development
zone" as reflected on the map
Those items checked are conditions of approval.
PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE
WITH THE FOLLOWING CHECKED CONDITIONS:
A. STREETS
❑ 1. Prior to or concurrently with the recordation of the Parcel/Final Map, provide a fully executed
road maintenance agreement for all non -publicly maintained access roads on the County approved
form. A note shall be placed on a separate document which is to be recorded concurrently with
the map or on an additional map sheet of the Parcel/Final Map stating: "In accordance with Civil
Code Section 845, maintenance of the road as shown hereon shall be shared by those properties
with a legal interest in it."
❑ 2. All access rights shall be reserved by deed per County Ordinance, offered for dedication, and
depicted on the Parcel/Final Map. For each private access within the map boundary, place the
following note on the Parcel/Final Map: "approved road name is a non-exclusive easement for
ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered
for dedication to the County of Butte."
❑ 3. Prior to the recordation of the Parcel/Final Map, demonstrate to the Department of Public Works
that there is approved access conforming to County Code to each parcel from a publicly
maintained road.
❑ 4. Prior to or concurrently with the recordation of the Parcel/Final Map, Deed to Butte County in fee
simple feet of right-of-way from the centerline of along the
entire property frontage. The right-of-way shall be sufficient for the installation of Improvement
Standard No. S-5 at all street intersections.
❑ 5. Prior to or concurrently with the recordation of the Parcel/Final Map, relinquish abutter's rights of
access to Butte County, along the frontage
of parcels , except at approved access points.
❑ 6. Prior to recordation of the Parcel/Final Map, provide street name signs per requirements of the
Department of Public Works. Street names shall be reviewed by the County Address Coordinator
and one name for each new street shall be recommended to the Board of Supervisors for approval
prior to recordation of the Parcel/Final Map. A minimum of five alternate names for each new
street shall be submitted.
❑ 7. Prior to fmal road inspection, install all necessary traffic safety signs including stop signs. A note
shall be placed on a separate document which is to be recorded concurrently with the map or on an
additional map sheet of the Parcel/Final Map stating: "No public entity shall be responsible for
the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code
Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal
interest in them."
❑ 8. Prior to recordation of the Parcel/Final Map, obtain an encroachment permit and improve all new
and existing driveway approaches to publicly maintained roads as specified in the County
Improvement Standards and the terms of the encroachment permit.
❑ 9. Prior to the recordation of the Parcel/Final Map, obtain an encroachment permit and construct a
standard S-18 _ road approach in accordance with County Improvement Standards. Adequate
sight distance at the intersection of access road and shall be
provided.
❑ 10. Provide a cul-de-sac designed and constructed as specified in the County Improvement Standards.
The Parcel/Final Map shall show the cul-de-sac.
❑ 11. Prior to the recordation of the Final map, construct, or provide a performance bond and labor and
material bond for the construction of, a %2+ 12' / full street section on to
an RS-_ geometric standard. Minimum structural section to be _" AC, and _" AB, prime coat,
fog seal and 95 % relative compaction. Submit design to Land Development Division for
approval. "R" value determination and other data may be required to support the section design
❑ 12. Prior to the recordation of the Final map, construct, or provide a performance bond and labor and
material bond for the construction of, a V2+ 12' / full street section on to an
RS-_ road standard with curb, gutter, and sidewalk and _" AC, and _" AB, prime coat,
fog seal and 95 % relative compaction. Construct a %2 + 12' / full street section on
to an RS-_ road standard with _ curb, gutter, and sidewalk and _" AC, and
AB, prime coat, fog seal and 95 % relative compaction. Submit design to Land Development
Division for approval. "R" value determination and other data may be required to support the
section design.
❑ 13. Prior to recordation of the Parcel Map, provide approved access to each parcel from a County
maintained road or from a state highway. Improve parcel
frontage to RS- _ LD=_ and access road to parcel being divided to RS-_ LD-_. (If the parcels
being created are 5 acres or less in gross area, submit road and drainage plans to the Department of
Public Works for plan checking and approval prior to construction).
❑ 14. Prior to recordation of the Parcel Map, submit road and drainage improvement plan's for the
installation and construction of the street frontage improvements on to _County
Improvement Standards. Improve parcel frontage on
to a V2+ 12' / full street section to an RS- _ road standard including, but not limited to curb, gutter
and sidewalk for parcels with gross acreage of one acre or less.
❑ 15. Show on the additional map sheet of the Parcel/Final Map a _ ft. building setback from the edge
of the ultimate right-of-way of
based on Butte County Code Section 24-75(d).
❑ 16.' Street lighting shall be provided in accordance with Butte County requirements, accepted design
criteria, and recommendations of Pacific Gas & Electric Company. If the developer chooses to
install the streetlights and pay energy costs through a County Service Area (CSA), he/she must
complete the formation of the CSA prior to recordation of the Final Map. The CSA formation
process will require the Developer to fund the service until the beginning of the first fiscal year in
which service charges can be collected for the CSA, and agree to an annual maximum service
charge to ensure continued operation of the facilities.
B. DRAINAGE
❑ 1. Prior to recordation of the Parcel/Final Map, a plan for a permanent solution for drainage shall be
submitted to and approved by the Department of Public Works. The drainage plans shall detail
existing drainage conditions and shall specify how drainage waters shall be detained or retained
on- site and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility
and shall provide that there shall be no increase in the peak flow runoff to said channel or facility.
❑ 2. Prior to final improvement inspection by the Department of Public Works, all new drain inlets
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shall be labeled with the county approved drain marker per County Standard S-40. Improvement
plans shall show and/or note the requirements for labeling inlets pursuant to Butte County
Standard S-40.
Prior to recordation of the. Parcel/Final Map, establish 100 year flood plain elevations and the
lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show
on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29
(National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site.
Prior to, or concurrently with the recordation of the Parcel/Final Map, pay the applicable drainage
fees in effect at the time of recordation of the Parcel/Final Map for the
drainage area. (The current fee is now $ /acre.)
Prior to grading, a Construction Storm Water Permit will be required by the State Water
Resources Control Board if the project results in a disturbance (including clearing, excavation,
filling, and grading) of one or more acres. The Permit must be obtained from the State Water
Resources Control Board prior to construction. If a Construction Storm Water Permit is required,
place a note on an additional map sheet that states: "The development of this Parcel/Final Map
requires a construction storm water permit. Construction activities that result in a land disturbance
of less than one acre, but which are part of a larger common plan of development, also require a
permit. Development of individual lots may require an additional•permit(s)."
PARCEL/FINAL MAP
Show all easements of record on the Parcel/Final Map.
Prior to or concurrently with the recordation of the Parcel/Final Map, pay in full any and all
delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of
Division 2 of Title 7, of the California Government Code commencing with Section 66492.
Pay the recording fees in effect at the time the Parcel/Final Map and related documents are
recorded.
Prior to or concurrently with the recordation of the Parcel/Final Map, pay all applicable
assessments established by affected assessment districts, in full.
Prior to the recordation of the Parcel Map, prove to the satisfaction of the Director of Public
Works that the parcel to be divided is a legal parcel.
Place a note on a separate document which is to be recorded concurrently with the map or on an
additional map sheet of the Parcel/Final Map regarding
BUTTE COUNTY
STANDARD CONDITIONS FOR
CERTIFICATE OF CORRECTION
APPLICANT: Conley, Cal DATE RECEIVED: 2/27/2006,
AGENT: Robert E. Brooks APN: 072-070-021
PLANNER: Carl Durling FILE#: COR 06-02
PROJECT DESCRIPTION: Certificate of Correction to delete condition 1 of PM 146/2
recorded October 1998 at Book 146, Page 82 (TPM 97-21), and deleting the "no development
zone" as reflected on the map
Those items checked are conditions of approval.
PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR
COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS:
D. LEACH FIELDS
❑ 1. Identify on the additional map sheet a 100 -ft. leach field free setback from each existing well.
❑ 2. Meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of
sewage disposal systems within a flood plain/floodway.
❑ 3. Prior to commencing construction or installation of any required site improvements on the
property, verify that winter groundwater elevations are in compliance with County Improvement
Standards, Appendix 7.
❑ 4. Identify on the additional map sheet an area for wells and a 100 -ft. leach field free setback around
that area on parcels
❑ 5. Identify on the additional map sheet a 50 -ft. leach field setback from the drainage way on (lots)
(parcels)
❑ 6. Identify on the additional map sheet a 100 -ft. leach field setback from the high-water line of the
creek on (lots) (parcels)
❑ 7. Identify on the additional map sheet a 100 -ft. leach field setback from the spring on (lots) (parcels)
❑ 8. Identify on the additional map sheet a 200 -ft. leach field setback from the high-water line of the
lake on (lots) (parcels)
❑ 9. Identify on the additional map sheet a leach field setback for four (4) times the height of the cut on
(lots) (parcels)
❑ 10. Locate, and, if necessary, relocate the sewage disposal systems serving existing buildings on (lots)
(parcels)
E. SEWAGE DISPOSAL AREAS
❑ 1. Identify on the additional map sheet those areas with slopes in excess of thirty (30) percent as
"Unsuitable for Sewage Disposal".
❑ 2. Identify on the additional map sheet usable sewage disposal areas proven to meet the requirements
of County Improvement Standards, Appendix 7. Combine with adjacent (parcel(s)) (lot(s)) any
/',
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parcel not proven to contain usable sewage disposal area.
Identify on the additional map sheet unsuitable sewage. disposal areas.
Those wells indicated on the Tentative Map or on the Final Map that are proposed to be destroyed, "
in order to provide required usable sewage disposal areas, shall be destroyed under a valid Butte
County Environmental Health Division permit.
Identify on the additional map sheet that no water, well may be located within 100 feet of the
usable sewage disposal area on (lots) (parcels)
Prior to recordation of the Final Map, in the nitrate area record an executed Future Sewer Service
and Storm Drainage Agreement.
Meet the requirements of the (Watershed Protection Zone), (Villa Verona Moratorium Area),
(Cohasset Specific Plan).
INDIVIDUAL WATER SUPPLY.
Prior to the issuance of a building permit, prove that the required quantities of domestic water are
available to (lots) (parcels)
Prove that the required quantities of domestic water are available or place the statement on the "
additional map sheet of the Final Map that "There is no evidence that domestic water is available"
for (lots) (parcels)
Provide a source of domestic water for the building on (lot) (parcel)
Prior to Final Map, verify that domestic water can be provided to meet minimum standards for
and other suspected contamination.
PUBLIC WATER SUPPLY
Prior to the issuance of a building permit, design and construct a new community water supply
system in compliance with the California State Safe Drinking Water Act.
Prior to recordation- of the Final Map, provide a letter or other documentation from
stating that they are willing and able to supply domestic water to
(lots) (parcels)
Place a note on the additional map sheet that states "Development of (lots) (parcels)
will require connection to a public water supply".
Prior to Final Map, verify that domestic water can, be provided to meet minimum standards for
and other suspected contamination.
EXISTING COMMUNITY SEWER
Prior to the Final Map, provide a letter or other documentation from
stating that they are willing and able to supply sewer' service to (lots) (parcels)
Place a note on the additional map sheet that states "Development of (lots) _ (parcels)
will require connection to a public sanitary sewer".
Prior to the issuance 'of a building permit, under a permit issued by the Environmental Health
Division, properly abandon the septic tank and connect the dwelling(s) on (lots). (parcel(s))
to public sewer.
I. NEW COMMUNITY SEWER
❑ 1. Prior to the Final Map, provide community sewage collection, treatment and disposal facilities in
compliance with California State Regional Water Quality Control Board, the Butte County Code,
California Health and Safety Code, Federal Law and other applicable codes and regulations
governing the design, construction and operation of the facilities.
❑ 2. Prior to the Final Map, comply with all sewage disposal facility construction standards and health
and safety and requirements of the Butte County Code, California Health and Safety Code,
Federal Law, and other applicable codes and regulations governing the construction of such
facilities.
❑ 3. Prior to the Final Map, provide a community services district or other legal (government) entity
adequate to insure the operation, maintenance or repair of the sewage collection, treatment and
disposal facilities. At a minimum, creation of the entity shall:
a. Insure financing of operation, repair and maintenance.
b. Provide qualified individuals and operational procedures for facility
operations, repair and maintenance.
C. Provide adequate resources to comply with all monitoring and other
Regional Water Quality Control Board Waste Discharge Requirements.
d. Provide adequate resources for facility inspections and reports.
e. Provide adequate resources and/or mechanism to insure adequate
funding of a major sewage treatment and a disposal facility
replacement or reconstruction if necessary.
f. Provide a liability risk assessment for review by the County of Butte.
g. Indemnify the County of Butte and community services district or other
government entity for all claims and liability that may occur relative to
the sewage disposal facilities.
❑ 4. Locate wastewater ponds separate, as required, from areas of residential development. Meet
design requirements for control of mosquitoes and nuisance insects in the wastewaterponds to the
satisfaction of the appropriate Mosquito and Vector Control District.
❑ 5. If a homeowners association is provided, obtain approval of the By-laws and CC & Rs by Butte
County Environmental Health, and, if required, by the California State Regional Water Quality
Control Board. Approval shall be obtained prior to recordation of the Final Map.
J. COMMUNITY SEWER SPECIAL NITRATE AREA
❑ 1. In accordance with the Chico Area Nitrate Action Plan, provide for a connection to the public
sewer, if practical and feasible. A determination that connection is not practical and feasible shall
be made with the concurrence of the Central Valley Regional Water Quality Control Board and
the Environmental Health Division. NOTE: Board staff is currently requiring a density of no
greater than one equivalent residential unit per acre for development on septic tanks where sewer
is not available.
❑ 2. If connection to a public sewer is not feasible prior to recordation of the Final Map:
a. Provide the minimum required sewage disposal area as required by the
Butte County Subdivision Ordinance and the Nitrate Action Plan.
K.
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b. In conformance with the City of Chico Sanitary Sewer Master Plan,
dated December 20, 1985, construct dry line sewer mains to serve the
project and stubbed out to the property line to for future public sewer '
connection.
C. Provide a community services district or other legal (government)
entity adequate to ensure the maintenance of the dry sewer main and,
when necessary, the activated sewer main.,
d. Sign and record sewer and storm drainage agreements for compliance
with the Nitrate Action Plan.
e. Place the following notes on the additional map sheet or document to
be recorded concurrently with the Final Map:
"Butte County permit for the installation of individual septic systems
shall require the construction of sewer laterals for f ituie public sewer
connection." "Lots within this subdivision are subject to sewage flow
restrictions that preclude high water use business activities."
"The discharge of wastewater, other than domestic sewage, into
individual sewage disposal systems requires approval`of the California
State Regional Water Quality Control Board, Central Valley Region."
f. Provide CC & RS for the project that specify maximum allowable
domestic sewage flows per lot or parcel approved by the Regional
Water Quality Control Board, Central Valley Region. Within the CC &
Rs, provide for changes to be with the concurrence of the Regional
Water Quality Control Board, Central Valley Region.
SOLID WASTE DISPOSAL PLANS
Place a note on a separate document which is to be recorded with the map or on an additional map
sheet of the Parcel Map or Final Map stating "Solid waste disposal shall be the responsibility of
each property owner. Trash and debris shall be picked up weekly by either a trash collection
company approved by the County of Butte or the property owner shall assume the responsibility
for taking trash and debris to a County approved land fill".
l
BUTTE COUNTY
STANDARD CONDITIONS FOR
CERTIFICATE OF CORRECTION
APPLICANT: Conley, Cal
AGENT: Robert E. Brooks
PLANNER: Carl Durling
DATE RECEIVED: 2/27/2006
APN: 072-070-021
FILE#: COR 06-02
PROJECT DESCRIPTION: Certificate of Correction to delete condition 1 of PM 146/2
recorded October 1998 at Book 146, Page 82 (TPM 97-21), and deleting the "no development
zone" as reflected on the map
Those items checked are conditions of approval.
PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE
FOLLOWING CHECKED CONDITIONS:
L. BUILDING PERMITS
❑ 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall
pay all applicable development fees at the rate in effect at the time of acceptance of the
application. Such fees, may include, but not be limited to: Park Fee, School Fee,
Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire
Protection Fees.
❑ 2. Prior to building permit issuance for a new commercial or industrial development, or
addition to an existing development, the applicant shall pay all applicable development
fees at the rate in effect at the time of acceptance of the application. Such fees shall
include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees,
Water and Sewer Service Fees, and Fire Protection Fees.
M. EXISTING STRUCTURES
❑ 1. Comply with the Uniform Building Code for property line clearances considering use,
area and fire resistant construction of existing buildings.
❑ 2. Existing building(s) shall be made to comply with current Building and 'Zoning
regulations for the intended new use of the building(s) or the existing building(s) shall be
demolished.
BUTTE COUNTY
STANDARD CONDITIONS FOR
CERTIFICATE OF CORRECTION
APPLICANT: Conley, Cal
AGENT: Robert E. Brooks
PLANNER: Carl Durling
DATE RECEIVED: 2/27/2006
APN: 072-070-021
FILE#: COR 06-02
PROJECT DESCRIPTION: Certificate of Correction to delete condition 1 of PM 146/2
recorded October 1998 at Book 146, Page 82 (TPM 97-21), and deleting the "no development
zone" as reflected on the map
Those items checked are conditions of approval.
PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE
FOLLOWING CHECKED CONDITIONS:
N. SITE DEVELOPMENT
❑ 1. Prior to the issuance of building permits, the plans, incorporating all applicable
conditions of approval shall be submitted to the Planning Division to verify compliance
with said conditions of approval,
❑ 2. Where a proposed development will have 5 or more mailing addresses, the site plan shall
show the location of centralized mail delivery units. Concrete bases and the centralized
mail delivery units, shall be installed by the developer. Specifications of the concrete
bases and mail delivery units shall be in accordance with the requirements of Postal
Service and the Butte County Department of Public Works.
O. LANDSCAPING
❑ 1. A Landscape and Lighting Maintenance District, Community Service District,
Homeowners Association, or other alternative entity acceptable to the Planning Manger,
shall be established to maintain landscaping.
❑ 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and
vehicular access, shall be provided to and approved by the Planning. Division prior to the
issuance of building permits and/or prior to grading or vegetation removal. The applicant
shall minimize the removal of mature trees, where possible. A mature tree shall be
defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level.
Mature trees removed shall be replaced by planting replacement trees of equal number
and not less than gallon size.
❑ 3. For division of land, where lots of 1 acre or less are created, street trees of not less than
15 -gallon size shall be installed in accordance with Butte County standards as specified
in The street trees shall be planted at an average of one every 30 feet on streets
inside the land division and at an average of one every 20 feet on Circulation Element
roads.
❑ 4. All graded slopes, over 5 feet in height, or on slopes greater than %, shall be seeded,
planted, mulched or hydro seeded or otherwise protected to prevent erosion. A
permanent irrigation system shall be installed for non-native vegetation. A one year
Faithful Performance bond shall be posted to guarantee installation and established
growth.
❑ 5. Prior to the commencement of grading and/or construction activity, all individual or
groups of oak trees which are to be retained as part of the project, shall be fully protected
through the use of root protection zones (RPZ). During construction, RPZs shall be
established using protective fencing enclosing an area with a radius 1.5 times the distance
from the trunk to the drip line. Within this protective buffer, no grading, trenching, fill,
or vegetation alteration of any kind shall be allowed.
The RPZs shall be maintained after the completion of construction in order to continue to
protect the oak trees, but the fencing shall be removed.
P. FINAL MAPS
❑ 1. Place a note on a separate document which is to be recorded concurrently with the map or
on an additional map sheet which states, "Structures, dumping, fill material, vegetation
removal and/or excavation shall not be allowed within the 50 foot No Disturbance
Setback as depicted." The 50 foot "No Disturbance Setback" shall be measured from the
top of bank or outer edge of the riparian vegetation along Creek,
whichever is greater. Limited vegetation removal necessary for flood control and normal
orchard operations is permissible within the "No Disturbance Setback;" however, all
living and thriving native trees shall be retained and all vegetation removal shall be
approved by the Department of Fish and Game prior to removal.
❑ 2. Place a note on a separate document which is to be recorded concurrently with the map or
on an additional map sheet which states, "Residences constructed on lots and
shall be constructed in a manner to bring the sound levels from dBA exterior source
to 45 dBA interior."
❑ 3. Place a note on a separate document which is to be recorded concurrently with the map or
on an additional map sheet which states, "At the time of building permit application, if a
Deer Herd Impact fee(s) is currently in effect, it shall be paid prior to the issuance of the
building permit."
❑ 4. Place a note on a separate document which is to be recorded concurrently with the map or
on an additional map sheet which states, "Fencing for areas other than residential areas
shall be limited to a maximum of 5 wire strands. The lower strand shall be at least 16"
above the ground and the upper strand shall be no higher than 48" above the ground."
❑ 5. Prior to the, recordation of the Final Map, the applicant shall pay all overdue or
outstanding County fees.
Q. GRADING
❑
I. Place a note on a separate document which is to be recorded concurrently with the Final
Map or on an additional map sheet stating "During construction, should any
archaeological artifacts be discovered, the Planning Division shall be notified
immediately, and all work shall cease until a qualified archaeologist has examined the
artifacts and the site and submitted his or her findings to the Planning Division, and
recommended clearance to continue. Recommencement of construction shall be upon the
approval of the Planning Division. "Archaeological artifacts" are defined as follows:
„
f°
❑ 2. Prior to any clearing; grading and/or construction in a Federal or State identified 100 year
floodplain and/or streambed the following entitlements must be obtained: a California
Fish and . Game 1604 Streambed Alteration permit and an Army Corps 404 permit or-'
exemption certificate.
R. ADDITIONAL APPROVALS
❑ 1. This application is. approved subject to the conditiong. contained herein. The tentative
subdivision map on file in' the Planning Division identified as Exhibit `B" and dated
, 20_ is incorporated by reference.
❑ 2. All lots are subject to the payment of the North Oroville/Thermalito Traffic Impact Fees.
❑ 3. The applicant/owner shall sign the CSA 87 Traffic and Drainage Mitigation Agreement
and/or pay the required fee(s) prior to the issuance of building permits. If the agreement
is used it shall be recorded by the applicant prior to the recordation of the Final Map.
❑ 4. The applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement prior to
the recordation of the Final Map and place a note on the Final Map or separate document
which is to be recorded concurrently stating, "A traffic mitigation fee of $750 shall be
paid prior to the issuance of a building permit for each new or additional living unit."
❑ 5. To insure the maintenance and continuance of the orchard or other agricultural use of the
property, all lot' -owners shall enter into the County approved Orchard Management
Agreement. The agreement shall terminate in 10 years . or upon a rezoning of the
parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and
recording fees paid by the applicant.
❑ 6. The developer shall display a current County Zoning and County Land Use Map in the
sales office at all times, and/or suitable alternatives.
❑ 7. All sales maps that are distributed or made available to the public shall include but not be
limited to showing future and existing schools, parks, and streets.
❑ 8. The Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3,
Article 11 of the Butte County Code, prior to the issuance of a building permit or prior to
the issuance of a Use Permit for a Mobile Home Park. The fee amount shall be
determined and calculated as of the date of application for building permit.
❑ 9. Prior to recordation of the Final Map or application for a building permit, the applicant
shall pay the then -current established fee for the West Chico Fire Station Fund.
❑ 10. Approval of this request shall not waive the requirement to comply with all applicable
Federal, State, and County laws, ordinances, and regulations in effect at the time of
building permit,application.
BUTTE COUNTY
STANDARD CONDITIONS FOR
TENTATIVE SUBDIVISION MAP
APPLICANT: Conley, Cal DATE RECEIVED: 2/27/2006
AGENT: Robert E. Brooks APN: 072-070-021
PLANNER: Carl Durling FILE#: COR 06-02
PROJECT DESCRIPTION: Certificate ' of Correction to delete condition 1 of PM 146/2
recorded October 1998 at Book 146, Page 82 (TPM 97-21), and deleting the "no development
zone" as reflected on the map
Those items checked are conditions of approval.
PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH
THE FOLLOWING CHECKED CONDITIONS:
S. FIRE CLEARANCE
❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and
bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—
Public Resources Code 4290, .4291 and current Butte County Improvement Standards,
whichever is stricter.
❑ 2. Prior to construction, a pressurized community water system for fire protection is
required. Bonding may be allowed with the approval of the County Fire Chief. Average
required hydrant spacing is feet, hydrant size inches, and residual fire flow of
GPM. Fire hydrant identification, road reflectors or post reflectors acceptable
to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map
recordation. Submit plans to the Fire Department for review and approval prior to
construction.
❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final
map or an additional map sheet stating that "Fire suppression sprinkler systems shall be
installed in all new residential dwellings in accordance with NFPA Standard 13D, unless
a pressurized community water system with hydrants that meet Fire Department
specifications serves the property." A note stating "Automatic Fire Sprinklers
conforming to NFPA Standard 13D required" is to be added to all affected building
plans.
❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment
shall be made into the hydrant fund at the current rate per lineal foot of street
frontage.
❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and
vertical clearance of 15 feet that will allow for ingress and egress and accommodate a .
40,000 -pound fire apparatus to within 150 feet of all structures.
❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel
or Final map, or on an additional map sheet stating, "Building identification and/or
addresses shall be installed in conformance with Public Resources Code 4290 and shall
be posted at the time of permit issuance and maintained continuously thereafter.
July 5, 2006
Mr. Carl Durling
Butte County Planning
County Center Drive
Oroville, CA
Re: APN 072-070-021-000, Zoned: AR
Owners: Connelly, Calvin and Denise
y' 0Ls.
JUN 0-'61006
SERV7� 1VT
- Please inform us of all applications for changes or hearings related to the
referenced parcel. This property is currently riot adhering to County
Regulation; it is now used for performing commercial industrial work and
equipment/boat storage. Prior to 1999 and 2000 this property, in its
entirety, demonstrated no other use outside of the currently designated AR
zoning.
We live in close proximity to the referenced parcel, at 6322 Miners Ranch
Road, Oroville, CA. Additionally, there are several other homes in close
proximity; most notably is the high density residential retirement community
of The Oaks
4
Ro Bailey
PO Box 21
Oroville, CA 95965
rim__.._... __
EOF PLgry '
,,:.°.... WS T-AT E OF ,C A L IT O R'N I A
Governor's Office .of 'Plannin.g and Research
State Clearinghouse and P.lanning Unit �'gJFpF�,"FOPa�"
Edmund G.-Brown Jr. Ken Alex
Governor Director
BUTTE
August26, 2014 COUNTY
A U!6®11�
Stacey J611iffe DEVELOPMENT
Butte County `'flr�Nd�("IE`�
7 County Center Drive
Oroville, CA 95965
Subject: Cal Conley Use Permit'UP 06-08.& Map Correction COR 06-02
SCH#: 2014072067 r
.Dear Stacey.Jolliffe:
.The -State Clearinghouse submitted the.abovenamed`Negative Declaration to selected state :agencies for
-review. The review period.closed on August 25,2014,.and no state.agencies•submitted comments by that
date. 'This letter.acknowledges thatyou have complied with-the.State Clearinghouse review requirements
for draft.environmental documents,-pursuant to.-the California-Environmental,Quality Act.
Please.call the State Clearinghouse at (916) 445-0613 if you have.any questions regarding the
environmental review process: Ifyou havea question.about the .above-named project, please refer to the
ten-digit State Clearinghouse number when contacting this office. '
Sincerely,
Scott Morgan
Director, State Clearinghouse
1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044
TEL (916) 445-0613 FAX (916)'323-3018 .www.opr.ca.gov
c• _— __------- - ----- ——--- .. ._ ........_.__._ _... w._. __.
• Document'Details Report `'
StaterClearin.ghouse'Data�.Base
`SCH# '2014072067
Project Title Cal Conley Use -Permit UP 06=08 & Map Correction.COR 06702
.Lead•Agency '.Butte County
'Type Neg Negative*Declaration
'Description ' This IS/MND analyzes two applications, a Use Permit -to -expand a legal -nonconforming -boat storage
.area from approximately'1:5.acres -to.the-existing, approximately 4 acre.boat-storage°footprint,and a
Certificate of Correction to modify condition,3 of -the Parcel -Map recorded' in Book'146, Pages'8-82 on
February.22, 1999 -to relocate drainage and remove a 'no development'.area.
Lead AgencPContact
'Name Stacey Jolliffe
Agency Butte County
Phone 530.538 6573 =Fax
email
Address • 7 County Center.Drive
City Oroville `State CA Zip 95965
=Project.Location
:County Butte
City 'Oroville
Region
.Lat /.Long
Zross.Ztreets 'Miners Ranch Road
.Parse/ No. 072-070-021
Township Range :Section Base
;Proximitylo:
,Highways
Hwy'162
Airports
Railways
Waterways
Schools
.Land Use
One SF dwelling, approximately 4 acre storage area for boats/ MU -1, Mixed Use
Project Issues
Aesthetic/Visual; Agricultural Land; Air.Quality; Archaeologic -Historic; Drainage/Absorption; Flood
Plain/Flooding; Forest Land/Fire Hazard; Geologic/Seismic; Minerals; Noise; Population/Housing
Balance; Public Services; Recreation/Parks; Schools/Universities; Septic System;.Sewer Capacity; Soil
Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water
Quality; Water Supply; Wetland/Riparian; Wildlife; Growth Inducing; Landuse; Cumulative Effects
Reviewing Resources Agency; Department of Fish and Wildlife, Region 2; Department of Parks and Recreation;
Agencies .Department of Water Resources; California Highway Patrol; Caltrans, District 3 N; Air Resources
Board; Regional Water Quality Control Bd., Region 5 (Redding); Native American Heritage
Commission
Date Received 07/25/2014 Start of Review 07/25/2014 End of Review 08/25/2014
Ili' i•'� n / n `` .M�'� ��. ` �'R �s
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Butte C, ounty De6i-tment of Developit»ent
Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
March 10, 2006
To:
Subject:
Applicant:
Planner:
APN:
Location:
30 -Day Complete
Date of IDR
Inter -Departmental Review Committee
Evaluation and Completeness of Application
Conley, Cal, Certificate of Correction, COR 06-02 ,
Carl Durling '
072-070-021 `
east side of Miners Ranch Road approximately 1/2 mile south of Oro -Quincy
Highway (SR 162)
3/27/2006
3/22/2006,
This application is being provided to you for comments. Please see attached documents. A hard copy of
the application, including maps, has been sent to Environmental Health, LAFCo, the Assessor's Office,
the Public Works Director, The Agricultural Commissioner, CDF, and the Building Manager. All
Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The
purpose of this notice is to give you the opportunity to comment on the completeness of this application
electronically to the planner, so that preparations can be made for the IDR meeting on 3/22/2006.
Do you find this application complete?
® NO. Please respond prior to or at the -IDR meeting, regarding completeness of application. What
is needed to make the application complete? ,
1. Comply with- application.submittal requirement #2: Provide documentation from appropriate
authority, authorizing proposed change.
2. Indicate how no development zone established as mitigation measure will be impacted.
3. Demonstrate adequate channel and culvert capacity for diverted flow.
❑ YES. My Department's conditions and/or mitigation measures are attached or will be provided at
the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be
provided no more than 1 week after the meeting.
Standard Conditions are attached for your convenience. `
(PLEASE SEND YOUR RESPONSE`ff0: @buttecounty.net).
Signature: E. Schroth Department:- Public Works'- County of Butte
Date: 3/10/06
UP 1anning/Projects/A New HUM MemosADR•Coinpleteness
8/30%05 ,r
R
Page 1 of 1
Durling, Carl
o
From: Fogel, Doug
Sent: Tuesday, May 23, 2006 4:14 PM
To: Durling, Carl
Subject: COR 06-02 Conley APN 072-070-021
We have inspected the parcel with the applicant. There is no evidence of.a stream of any kind in the proximity of the area.,
indicated on the additional map sheet recorded with the recorded parcel map, Book 146 page 82 for Leroy Berry, which
crated this parcel.
According to the applicant this water course ceased to exist when he dug perimeter drainage ditches along his east and
north boundaries and cut off the flow of water into the former drainage, followed by the grading and covering of that
drainage area with gravel to provide a driveway for his boat storage.
Given the present reality on the parcel we have no need for the indication on a map sheet that a septic system setback is
needed from a now non-existent stream.
e
t
5/24/2006
Butte County DeOrtment of Development
Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
d
VON -00
_�� `
7. County Center Drive
Oroville, CA 95965 cOUN'14 ;
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
ENVIRONMENTAL HEALTH
February 27, 2006
To:
Subject:
Applicant:
Planner:
APN: '
Location:
30 -Day Complete
Date of IDR
2 8 2"a y
FED
Environmental Health 1 1 7 COUNTY CENTER DRIVE
Evaluation and Completeness of Application '
Conley, Cal Certificate of Correction COR 06-02
Carl Durling, Butte County Planning Division
072-070-021
east side of Minors Ranch Road approximately 1/2 mile south of Oro -Quincy
Highway (SR 162)
3/27/200G
3/22/2006
This application is, being provided to you for comments. Please see attached documents. A hard copy of
the application, including maps, has been sent to Environmental Health, the Assessor's Office, the Public
Works Director, The Agricultural Commissioner, CDF, Dept. of Water Resources, Dept. of Fish and
Game, and the Building Manager. All Environmental Health correspondence is routed through Karen
Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment
on the completeness of this application electronically to the planner, so that preparations can be made for
the IDR meeting on 3/22/2006. y
Do you find this application complete?
❑ NO., Please respond prior to or at the IDR meeting, regarding completeness of application. What
is needed to make the application complete?
YES. My Department's conditions and/or mitigation measures are attached or will be provided at
the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be
provided no more than 1 week after the meeting.
Standard Conditions are attached for your convenience.
(PLEASE SEND YOUR RESPONSE TO: cdurling@buttecounty.net).
• f
Signature: ' Department:
Date:
K /PUnning/Projects/A New File/IDR Memos/IDR Completeness
8/30/05
N '
'
VON -00
_�� `
7. County Center Drive
Oroville, CA 95965 cOUN'14 ;
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
ENVIRONMENTAL HEALTH
February 27, 2006
To:
Subject:
Applicant:
Planner:
APN: '
Location:
30 -Day Complete
Date of IDR
2 8 2"a y
FED
Environmental Health 1 1 7 COUNTY CENTER DRIVE
Evaluation and Completeness of Application '
Conley, Cal Certificate of Correction COR 06-02
Carl Durling, Butte County Planning Division
072-070-021
east side of Minors Ranch Road approximately 1/2 mile south of Oro -Quincy
Highway (SR 162)
3/27/200G
3/22/2006
This application is, being provided to you for comments. Please see attached documents. A hard copy of
the application, including maps, has been sent to Environmental Health, the Assessor's Office, the Public
Works Director, The Agricultural Commissioner, CDF, Dept. of Water Resources, Dept. of Fish and
Game, and the Building Manager. All Environmental Health correspondence is routed through Karen
Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment
on the completeness of this application electronically to the planner, so that preparations can be made for
the IDR meeting on 3/22/2006. y
Do you find this application complete?
❑ NO., Please respond prior to or at the IDR meeting, regarding completeness of application. What
is needed to make the application complete?
YES. My Department's conditions and/or mitigation measures are attached or will be provided at
the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be
provided no more than 1 week after the meeting.
Standard Conditions are attached for your convenience.
(PLEASE SEND YOUR RESPONSE TO: cdurling@buttecounty.net).
• f
Signature: ' Department:
Date:
K /PUnning/Projects/A New File/IDR Memos/IDR Completeness
8/30/05
n Y ,
` • ` Page 1 of 1
Jones, Darren
from: Jones, Darren
,Sent: Tuesday, March 21, 2006 9:28 AM +
To: Durling, Carl
Boat storage does not affect proven USDA per the P.M. Condition of UP will be to submit Hazardous Material
Release Response Plan to Butte County Environmental Health as required by Chapter 6.95 of the California
Health and Safety Code on all chemicals stored or used at the boat storage facility.
• y
3/21/2006
Butte County D*rtment of Development wrTF
Services o °o ,
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR o o _
o--�- o ,
7 County Center Drive °
♦ R
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile r
March 7, 2006
To: Inter-Departmental Review Committee
Subject: Evaluation and Completeness of Application
Applicant: Conley, Cal, Certificate of Correction, COR 06-02,
Planner: Carl Durling
APN: 072-070-021
Location: east side of Minors Ranch Road approximately 1/2 mile south of Oro-Quincy
Highway (SR 162)
30-Day Complete 3/27/2006
-Date of IDR 3/22/2006
This application is -being provided to you for comments. Please see attached documents. 'A hard copy of '
the application, including maps, has been sent to Environmental Health, LAFCo, the Assessor's Office,
the Public Works Director, The -Agricultural 'Commissioner, CDF, , and the Building Manager. All
Environmental'Health correspondence is routed through Karen Frederick at 7 County Center Drive. The
purpose of this notice is to give you the opportunity to comment on the completeness of this application
electronically to the planner, so that preparations can be made for the IDR meeting on 3/22/2006.
Do you find this application complete? J
' ❑ NO. Please respond prior to or.at the IDR meeting, regarding completeness of application. What
is needed to make the application complete?
X Yes. Conditions and/or mitigation measures are attached or will be provided at
the IDR meeting.
No apparent adverse agricultural issues, no other conditions or mitigating measures.
'Signature: Wp6ert C. 9fia 1Pe rutyAR. Commissioner ;
Department: Agriculture
` Date: March 6, 2006
UPlann.ing/Projects/A New File/lDR Memos/iDR Completeness R
BUTTE COUNTY ,
STANDARD CONDITIONS FOR
TENTATIVE SUBDIVISION MAP
APPLICANT: Conley, Cal DATE RECEIVED; 2/27/2006.
AGENT: Robert E. Brooks APN: 072-070-021
PLANNER: Carl Durling FILE#: COR 06-02
r e .
PROJECT DESCRIPTION: Certificate of Correction to delete condition I of PM 146/2
recorded October 1998 at Book 146, Page 82 (TPM 97-21), and deleting 'the "no development
zone" as reflected on the map
Those items checked are conditions of approval. ~
PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH
THE FOLLOWING CHECKED CONDITIONS:
S. FIRE CLEARANCE
X 1. Construction, installation or development of buildings and/or roads, driveways,_ gates and
bridges on parcels/lots shall comply with the latest California Fire Safe Regulations-
Public Resources Code 4290, 4291 and current,Butte County Improvement Standards,
whichever is stricter.
❑ 2.: Prior to construction, a pressurized community water 'system for fire protection is .
required. Bonding may be allowed with the approval of the County Fire Chief. Average
required hydrant spacing is' feet, hydrant size inches, and residual fire flow of
GPM. Fire hydrant identification, road reflectors or post reflectors acceptable
to the County Fire Chief shall be installed or, bonded, prior to'Parcel or Final map
recordation. Submit plans to the Fire .Department for review and approval prior .to
construction.
❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final
map or an additional map sheet stating that "Fire suppression sprinkler systems shall be
installed in all new residential dwellings in accordance with NFPA Standard 13D, unless ,
a pressurized community water system with hydrants that meet Fire Department
specifications serves the property" A note stating "Automatic Fire Sprinklers
conforming to NFPA Standard 13D required" is to be added to all affected building
plans.
❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment
.shall be made into the hydrant fund at the current rate per lineal foot of street
frontage.
❑. 5. Prior to building construction, provide an all weather access of at least 10 feet wide and
vertical clearance of 15 feet that will allow for ingress and egress and accommodate a
40,000 -pound fire apparatus to within 150 feet of all structures.
X 6. Place a note on a separate document, which is to be recorded concurrently withthe Parcel
or Final map, or on an additional map sheet stating, "Building identification and/or
addresses shall.be installed in conformance with Public Resources Code 4290 and shall
be posted at the time of•permit issuance and maintained continuously thereafter.
t
Butte County Department of Development evrrF
Services o°
TIM SNELLINGS, DIRECTOR PETE CALARCO, ASSISTANT DIRECTOR o o:
7 County Center Drive
Oroville, CA 95965 CDU IN
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecounty.fiet/dds
ADMINISTRATION *BUILDING * PLANNING
March 27; 2006
Mr. Cal Conley
6250 Minors Ranch Road
Oroville, CA 95966
Re: Project Incomplete = Certificate of Correction for Cal Conley, APN 73-070-021 (6250
Minors Ranch Road), Project # COR 06-02
Dear Mr. Conley:
The Butte County Inter -Departmental Review Committee (IDR) reviewed the above referenced
project at'its March 22, 2006, meeting. The IDR committee determined that the project is not
complete for the following reasons:
1. Provide documentation from appropriate authority, authorizing proposed change. 'The
appropriate authority appears to be Environment. Health.
2.`. Indicate how no development zone established as a mitigation measure will be impacted.
This also appears to be an Environmental Health issue.
3. Demonstrate adequate channel and culvert capacity for the diverted flow. This is a
Public Works issue.
This Certificate of Correction application is deemed incomplete until such time as the required
information is submitted to, and reviewed and approved by the Butte County Planning Division.
No further processing of this project will occur. until such time as the application is deemed
complete. The timelines pursuant to the California Permit Streamlining - Act are hereby
suspended until such time as the required information is submitted.
'Check Numbe?./;Cash
(Cash
F.Ish/Game
$0.00
ALUC.-'
(Airporiland-U-se)
$0.00
Non 'SufficienCM,$0.00
Funds f --'($25.00 Fee)j]l,
66ruiir�`27,7, eve opmen
�00,
7PLANNING
77 '7
V4
.�.e i
.)
$0.00
Counter
1.
DIVISIONever: 0
$1,265.00
DDS Planning -4.1
i
Person""
Chris
(General -'Fund)
Payhnent Date
2F7i2006
Public Works
$0.00
-ev-eIopment)
(Lan&15
1,R6ceip.1
1444549
Envif6nm6ntal Health,
.
$0.00
ReceiVedJ.
Conley, Cal
$0.00
CDF (FireDepirtffient
Same
NOD I NOE,'
$0.00
Applica- fit
-;Mf
(Recording Fee) --"
Minnie innie,,,*-
$0.00
6iijbi3ff,
Application Numbed;
ICOR 06-02
1$1,,5 66 or $2,06'0
or n-:'R'e-f6ren",,,I,2
Plannirig'ReviewI EIR
$0.00
Parcel Number.;P, -I"
'Check Numbe?./;Cash
(Cash
F.Ish/Game
$0.00
ALUC.-'
(Airporiland-U-se)
$0.00
Non 'SufficienCM,$0.00
Funds f --'($25.00 Fee)j]l,
[Cell Tower;"T
($2500 00)
$0.00
SURVEYORS STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND WAS COMPILED FROM
RECORD DATA AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE
REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST
OF LEROY BERRY ON FEBRUARY 15, 1997. 1 HEREBY STATE THAT THIS
PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED
TENTATIVE MAP, IF ANY. THE MONUMENTS SHOWN HEREON ARE OF THE
CHARACTER AND OCCUPY THE POSITIONS INDICATED AND ARE IN PLACE AND
ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
C' YO
� s
L67PF
I
H �LER, PLS 7451NCA
EXP. 12%3 /02
COUNTY SURVEYORS STATEMENT
1 HAVE EXAMINED THIS MAP AND 1T 15 SUBSTANTIALLY THE SAME AS IT APPEARED
ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF. ALL OF THE
PROVISIONS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES APPLICABLE AT
THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH AND I
AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.
DATED: A—n w— 20,999 .
QppFLSS/p
90 29132- STUART EDELL RCE 29132
DEPUTY COUNTY SURVEYOR EXP. 3/31/99
Crm
CFS
OWNER'S STATEMENT
WE LEROY BERRY AS OWNER AND FIDELITY NATIONAL TITLE COMPANY PREVIOUSLY
KNOWN AS BUTTE COUNTY TITLE COMPANY AS TRUSTEE OF DEED OF TRUST
DATED JULY 28, 1993 AND RECORDED JULY 20, 1993 UNDER RECORDER SERIAL
NUMBER 93-31977 DO HEREBY STATE THAT WE ARE THE ONLY PARTIES HAVING
RECORD TITLE INTEREST IN THE REAL PROPERTY SUBDIVIDED. AND WE HEREBY
CONSENT TO THE PREPARATION AND RECORDATION OF THIS PARCEL MAP IN
ACCORDANCE WITH SECTION 20-110 OF THE BUTTE COUNTY SUBDIVISION
ORDINANCE.
FIDELITY NATIONAL TITLE COMPANY
LEROY EIERRY A CALIFORNIA CORPORATION
RECORDER'S STATEMENT
FILED THIS 2SfN DAY OFFr64Oaay 19 99. AT :OT M. .
IN BOOK /Yb OF MAPS, AT PAGE 8o -BZ AT THE REQUEST OF LEROY BERRY
" SERIAL NO. 1999- 0007980
CAN ACE J. GRUgpS t
COUNTY RECORDER-
STATE OF CALIFORNIA ISS
COUNTY OF BUTTE
ON 2 -ALP? BEF E MET ��•- C!o_.: PERSONALLY
APPEARED S• PERSONALLY KNOWN TO ME
OR PROVED TO ME ON T £ BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE
SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED
TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/
THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR
SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S) OR ENTITY
UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED
THE INSTRUMENT.
WITNESS MY HAND AND OFFICIAL SEAL. WT(Gb&E
36
r minae uwwlwwew � wua���D
yOmn U.tu5mt l).1aa5
7URE OF NOTARY
STATE OF CALIFORNIAISS
COUNTY OF BUTTE
ON d-05-99 BEFORE MEDxxo—To—, PERSONALLY
APPEARED U - z- � , PERSONALLY KNOWN TO ME
OR. PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE
'SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED
TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/
THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR
SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S) OR ENTITY
UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED
THE INSTRUMENT.
WITNESS MY HAND AND OFFICIAL SEAL.!S£Ii PRICE
SIGNATURE OF NOTARY
BY DEPUTY
Wicinify Map 10.
r
PARCjFL MAP
LOT 180 OF O.W.F.L UNIT NO. 5
Filed In Book 8 of Mops, Pages 37A do 38A
Sec. 18, T. 19 N., R. 5 E. MDS&M
Butte County, California
For
Leroy Berry
B NF3/ EEfi/N
3080 Pah A— Oro,91,, W 95966 (530) 534-1911 FM (530) 531-0908
10/98 BBA -97015 A.P. NO. 72-07-019 Shl. 1 of 3 sats.
300l< N6. PITGE 8o
SEE
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LOT >S8
II
LOT 157 I------��
ETAIL "A"
—
— — _ _ — — _ EAST 783.20' (R2)
I 05
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,
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L
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!• I \
DETAIL' "B"
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-
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1. — ; 4., w. J ... ♦.L N 88' 11' 49' W. (M. R) ' =a 845.8J(M) 845:79' (R). : -.
N 88' 00' W - I 879.00' (Ry) . 30,12' (R) � S 87' J7' 18" E 875.84' (R3) 875.89' (C) 6'4 M 78
JO.o6' (C) S 88' 11' 50" E (R)
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L(0) RSN 93-21524
o (M) Measured
h (R) 64 N 78
'O (Rd D. W.R R/W MAP .•
DRAWING NUMBER 06029-e0 DATED
(R+) 8 M 37A
(R�) WYANDO)TE-ARNERS RANCH RD R/W MAP
T BUTTE COUNTY PUBLIC WORKS FILE / E-636
' + 1/4 Comer
X Found As Noted
0 Set 1/2" Rebar Tagged PLS 7467
0 Calculated Paht Only
Std. County Manu. Fnd. per (R4)
s PARCEL MAP
2 IAT 180 OF MW.F.L UNIT NO, 5
Feed In Book 8 of M"", Pogn 37A. & 38A
Sec. 18, T. to K. k 5 L WDS& 1
Butte Ciou ty Coutornio
Leroy Berry
s I/4 tor. s_ 1B 19p,
BQd EAj! 2/A/FFAarIv ;
s r/ I-1/2' Brave Cop - 4 awr nna" 4 '.
D.WR. Man Strmp•d ���J
Mph W, R'., 1962 2M Perk A- 0-111. CA 96988 (S]0) Sy4-1911 PA% (37a) SM -0908
s -IB, s-19. (RXRI)
10/98 BBA -97015 A.P. NO. 72-07-019 Sht.2 of 3 shle.
n,. _" , . , . m,..^ — —
2
T
11+
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e�m
VJC#7itV Map N h
-
or LEGEND
010 (C Cdculoted
L(0) RSN 93-21524
o (M) Measured
h (R) 64 N 78
'O (Rd D. W.R R/W MAP .•
DRAWING NUMBER 06029-e0 DATED
(R+) 8 M 37A
(R�) WYANDO)TE-ARNERS RANCH RD R/W MAP
T BUTTE COUNTY PUBLIC WORKS FILE / E-636
' + 1/4 Comer
X Found As Noted
0 Set 1/2" Rebar Tagged PLS 7467
0 Calculated Paht Only
Std. County Manu. Fnd. per (R4)
s PARCEL MAP
2 IAT 180 OF MW.F.L UNIT NO, 5
Feed In Book 8 of M"", Pogn 37A. & 38A
Sec. 18, T. to K. k 5 L WDS& 1
Butte Ciou ty Coutornio
Leroy Berry
s I/4 tor. s_ 1B 19p,
BQd EAj! 2/A/FFAarIv ;
s r/ I-1/2' Brave Cop - 4 awr nna" 4 '.
D.WR. Man Strmp•d ���J
Mph W, R'., 1962 2M Perk A- 0-111. CA 96988 (S]0) Sy4-1911 PA% (37a) SM -0908
s -IB, s-19. (RXRI)
10/98 BBA -97015 A.P. NO. 72-07-019 Sht.2 of 3 shle.
n,. _" , . , . m,..^ — —
'
PERMITS..
`
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�p
, . -•
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•"2^
EAST 783.20' (R2)
Y_ ,.
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•. - -
Rte:..
'• - - .
s++; •
1.
STRUCTURES, DUMPING, FILLMATERIAL, AND/OR •+•
PIN
EXCAVATION SHALL NOT BE ALLOWED .WITHIN THE-'
•
�'�la
I $`
•- .y 3 !�
— —-
30' BUILDING SETBACK LINE
— — —
.2.
NO DEVELOPMENT ZONE AS DEPICTED.
THE BUILDING SETBACK FROM THE SIDE OF -THE -
7" 60' Sol
I a„"11
L ACH FREE AREA "AND NO DEVELOPMENT ZONE'. `�
2212 �
1^..
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10/98 BBA -97015. A.P. NO. 72-07-019 Sht.3 of 3.shts.
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AGENDA REPORT
TO: Honorable Chair and Development Review Committee
FROM: Department of Development Services
DATE:
REQUEST: Tentative Parcel Man on AP# 072-070-019 for LeRoy Berry, File #97-21 A'
request to divide approximately 16+/- acres to create three (3) parcels, one parcel at
6.1 acres, and two parcels at 5 acres each. The project site is foothill property with
some oak, pine and scattered brush, and Aiken clay loam soil. The elevation is
approximately 400 feet with very moderate sloping from 2% to 5% with an east to
west aspect. There are no known cultural or historical features. The characteristics
of the surrounding properties is similar, with single family residences with a mixture
of urban/rural characteristics. The project site is located immediately north of the
Cleveland Hills Fault Special Studies Zone. The property is located on Miners
Ranch Road approximately one half mile south of Oroville-Quincy Highway, in the
Oroville area. The site is located in an AR (Agricultural Residential) zone with an
Low Density Residential General Plan land use designation. The project is in
Supervisorial District 1.
RELATED
ITEMS: None
FOR: Development Review Committee Meeting of June'25, 1998
SUMMARY: This application for a tentative parcel map is consistent with an AR zoning and the
Butte County General Plan Land Use designation of Low Density Residential. Approval of this
application is recommended.
APPLICABLE BUTTE COUNTY REGULATIONS: This Tentative Parcel Map application is
submitted pursuant to Butte County Code Sections:
Section 20-94 through 20-156 - Parcel Maps. These sections of the Butte County Subdivision
Ordinance set forth the requirements for parcel maps when less than five parcels are created.
Section 24-95 - AR through AR710 Site Requirements. A parcel zoned AR must have a minimum
parcel size of 8125 square feet.
PROJECT CHARACTERISTICS: There are no known cultural or historical features. The
characteristics of the surrounding properties is similar, with single family residences with a mixture
of urban/rural characteristics. The project site is located immediately north of the Cleveland Hills
Fault Special Studies Zone. The property is located on Miners Ranch Road approximately one half
0 Butte County Department of Delvelopment Services - Planning Division ■
mile south of Oroville-Quincy Highway, in the Oroville area. Presently, three single family
residences exist on the property. The site plan indicates the three residences will be on one parcel,
Parcel 1. An outdoor storage area for motor homes exist on the eastern portion of proposed Parcel 1.
The site is located in an AR (Agricultural Residential) zone with a Low Density Residential General
Plan land use dgsignation. :4
Fire facilities are located at Station #64 approximately 8 miles to the north (Butte County Constraints
Map). Commercial services and schools are located to the north and west of the site in Oroville.
ANALYSIS: Approval of the project is consistent with the General Plan and zoning classification.
Currently there are three residences on the 16 acre parcel. The three residences are located within
yards of one another. The number of residences in this zone constitutes a pre-existing
nonconforming use. The approximate age of the three houses indicates they existed prior to the
zoning for this area. Approval of the project will not change this nonconformity nor will it
exacerbate the condition. This is also the case with the outdoor storage area on the proposed Parcel
1. Indications are that it predated the zoning and has existed at this location for quite a number of
years (Site Visit; personal communication with applicant and project engineer).
Issues of concern included proximity to an earthquake zone, erosion, drainage, and fire protection.
Proximity to an earthquake zone. The Cleveland Hills Fault Special Studies Zone is located
approximately less than 1/4 mile south of the project site. The Cleveland Hills fault lies within the
Swain Ravine lineament fault zone. The Swain Ravine lineament fault zone extends northward
approximately 150-300 feet west of the Berry property. The Paynes Peak lineament fault zone
borders the eastern side of the property to within approximately 50 feet. An appropriate mitigation
as a condition of approval would be to require the applicant to show on the Map a 50 foot building
setback from both the western and eastern property boundariesy.
Erosion. The Butte County Constraints Map indicates there is a high -very high potential for erosion
in this area. The soils consists of Aiken clay loam which is characterized as having good surface
drainage, but care must be taken to avoid erosion (Soil Survey of Chico (1925)/Oroville 0926) Area.
United States Department of Agriculture). Appropriate mitigation measures, including an Erosion
Control Plan, are recommended as conditions of approval in this report. The approval of these
conditions will adequately address potential significant environmental impacts.
Drainages. The project site has two (2) ditches/drainages running east/west through the property.
These features have the following characteristics: width and depth varying from 2'x2' to 4'x3';
carrying capacity of approximately 10+ cfs; ephemeral; well-defined and clear of debris. Four
culverts empty water from the site, carrying it under Miners Ranch Road, to the west (Site Visit). An
Erosion Control Plan; approved by Public Works, should adequately prevent sediment from washing
into these drainages and later into Honcut Creek. Appropriate building setbacks from these
drainages should also prevent construction related sediment from washing into these drainages.
Fire Protection. The project site is located in a State Response Area for wildland fires and
0 Butte County Department of D2ielopment Services - Planning Division IN
construction of homes in this area makes fighting fires more difficult because fire resources must
protect structures before wildlands. The proposal will result in an incremental increase in demand
for fire protection in the area. Mitigation measures, included as conditions of approval, are
recommended in order to reduce any impact to less than significant.
Staff has not identified any other concerns. Appropriate mitigation measures as conditions of
approval are included to adequately address the County's concerns.
ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under
the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of
CEQA. An Initial Study has been prepared by County staff. Based upon a review of the Initial
Study, staff has determined that the project impacts can be fully mitigated with the addition of
mitigation measures added as conditions of approval for the project.
RECOMMENDATION: Staff recommends that the Development Review Committee approve the
Tentative Parcel Map for LeRoy Berry on APN 072-070-019, subject to the findings and conditions
contained in exhibit "A."
0 Butte County Department of Development Services - Planning Division ■
EXHIBIT "A"
Section 1: Environmental Findings.
A. Find that an Initial Study was completed in compliance with the California Environmental
Quality Act which identified potential significant environmental effects that the project may
have, but provisions in the project plans or proposals agreed to by the applicant would
mitigate such effects to a point where clearly no significant environmental effects would
occur; and
B. The Development Review Committee has independently reviewed, analyzed and considered
the.proposed Negative Declaration with mitigation measures prior to making its decision on
the project, and hereby finds that the Negative Declaration with mitigations adequately
represents impacts associated with this project; and
C. The design. of the land division and improvements will not cause environmental damage
to fish or
wildlife or
their habitat
and a de
minimus
exemption to
the collection
of Department
of Fish and
Game
Environmental
Filing Fees is
recommended;
and
Section 2: Subdivision Map Act Findings.
A. The proposed parcel map is consistent with the Butte County General Plan Goals and
Policies;.and
B. The design and improvements of the proposed land division are consistent with applicable
County standards and policies; and
C. The project is physically suitable for the use and density of the proposed development; and
D. The design and improvements of the project will not, cause public health or safety problems;
■ Butte County Department of Development Services - Planning Division 0
and
E. The design and improvements of the project will not conflict with easements, acquired by the
public at large, for the access through or use of, property within the proposed land division;
and
F. Approval of this project will not be detrimental to the public health, safety and welfare
provided the required conditions and mitigations are complied with; and
Section 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 of this report, move to adopt a Negative
Declaration; and
B. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the
Tentative Parcel Map for LeRoy Berry on APN 072-070-019.
C. Minor changes may be approved administratively by the Directors of Development Services,
Environmental Health, or Public Works or their respective designee, upon receipt of a
substantiated written request by the applicant, or their respective designee, Prior to such
approval, verification shall be made by each Department or Division that the modification is
consistent with the application, fees paid and environmental determination as conditionally
approved. Changes deemed, to be major or significant in nature shall require a formal
application for amendment.
D. Conditions of Approval:
Mitigations:
1. Prior to recordation of the Final Map, the applicant shall show on the Map a 50 foot building
setback from both the western property boundary and from the eastern property boundary.
2. Limit soil work to periods of dry weather between April 15 to November 15 unless an
erosion control plan for wet weather conditions is prepared by a civil engineer or other
qualified professional and approved by the Planning Division. Mulch protect, Hydro -seed, or
otherwise stabilize the soil on all areas that have been disturbed or have been cleared of
vegetation and are of erodible material.
3. Show on the map a 50 foot No Development Zone along the unnamed drainages located on
parcels 2 and 3. The distance shall be measured from the top of the bank of each drainage.
Place a note on a separate document which is to be recorded concurrently with the map or on
an additional map sheet that states, "Structures, dumping, fill material, and/or excavation
shall not be allowed within the 50 feet No Development Zone as depicted.
■ Butte County Department of Dejelopment Services - Planning Division ■
4. Place a note on a separate document which is to be recorded concurrently with the map or on
an additional map sheet that states: "The building setback from the side of the property lines
shall be not less than 30 feet."
5. Place a note on a separate document which is to be recorded concurrently with the map or on
an additional map sheet that states: "Fire suppression sprinkler systems shall be installed in
all new residential structures in accordance with the National Fire Protection Association
Standard for the installation of sprinkler systems in one and two family dwellings and mobile
homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants
that meet Fire Department specifications, serves the parcels."
Planning Division Conditions:
6. Place a note on a separate document to be recorded concurrently with the map or on an
additional map sheet stating that: "The Sheriff's Facilities Impact Fee shall be paid, pursuant
to the provisions of Chapter 3, Article II of the Butte County Code, prior to the issuance of a
building permit. Said fee amount shall be determined and calculated as of the date of
application for building permit."
Public Works Conditions: ,
7. Obtain encroachment permit for all new or existing driveway approaches and construct them
to County standards, as specified in County Improvement Standards.
8. Pay the recording fees then in effect for recording the Parcel Maps and related documents.
9. Deed to Butte County, in fee simple, 40 feet of right-pf-way from the centerline of
Wyandotte Miners Ranch Road.
10. Show on the additional map sheet of the Parcel Map a 55 ft. building setback from the
centerline of Wyandotte miners Ranch Road.
11. Show all easements of record on the Parcel Map. ,
12. 'Prior to or concurrently with the recordation of the Parcel Map, pay in full any and all
delinquent, current and estimated taxes and assessments as specified in Article 8, of Chapter
4 of Division 2 of Title 7, of the California Government Code commencing with Section
66492.
Environmental Health Conditions:
0 Butte County Department of DWelopment Services - Planning Division 0
13. Prior to recordation of Final Map, verify that winter groundwater elevations are in
. compliance with County Improvement Standards, Appendix 7.
14. Identify on the additional map sheet a 50' leachfield setback from the drainage way on
parcels 1, 2, & 3.
15. Identify on the additional map sheet a 100' leachfield setback from the high water line of the
creek on parcels where there is a perennial stream.
16. Identify on the additional map sheet usable sewage disposal areas proven to meet the
requirements of County Improvement Standards, Appendix 7. Combine with adjacent
parcels any parcel not proven to contain usable sewage disposal area.
17. Identify on the additional map sheet unsuitable sewage disposal areas.
18. Identify on the additional map sheet that no water well may be located within 100' of the
usable sewage disposal area on parcels 1, 2, & 3.
19. Prior to recordation of the Parcel Map provide a letter or other documentation from O. W.I.D
stating that they are willing and able to supply domestic water to parcels 1, 2, & 3.
Butte County Fire Department:
20. Construction, installation or development of structures or facilities on the parcels/lots shall
comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and
all other applicable State and County codes, ordinances and regulations in effect at the time
of application for improvement permits.
21. Building identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted at the beginning of building ,construction and
maintained continuously thereafter.
25. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created
parcel into the Battalion 6 water tend fund, is required prior to the issuance of a building
permit. Place a note on the map or additional sheets that states "Development of these
parcels may require payment into the Water Tender Fund."
j Aproj ects. tpm\berry\berry. rpt
0 Butte County Department of Development Services - Planning Division ■
i
0&-J a1 *_Tc i 0_0 of�. �'T.t o e
COUNTY OF BUTTE '
INITIAL STUDY
.EVALUATION OF ENVIRONMENTAL IMPACTS
I. BACKGROUND:
1. Name of Proponent LeRoy BeM
2. Address 6210 Miners Ranch Road, Oroville, CA 95965 Phone (530) 589-0199
3. Name of Proposal, if applicable Tentative Parcel Map for LeRoy Berry
4. Type of Project Tentative Parcel Map
5. Project Description and Location of Parcel(s): A request to divide approximately 16+ acres
to create three (3) parcels, one parcel at 6.1 acres, and two parcels at 5 acres each. The
project site is foothill property with some oak, pine and scattered brush, and Aiken clay loam
soil. The elevation is approximately 400 feet with very moderate sloping from 2% to 5%
with an east to west aspect. There are no known cultural or historical features. The
characteristics of the surrounding properties is similar, with single family residences with a
mixture of urban/rural characteristics. The project, site is located immediately north of the
Cleveland Hills Fault Special Studies Zone. The property is located on Miners Ranch Road
approximately one half mile south of Oroville-Quincy Highway, in the Oroville area. The
site is located in an AR (Agricultural Residential) zone with an Low Density Residential
General Plan land use designation. The project is in Supervisorial District 1.
6. Assessor's Parcel Numbers 072-070-019
II. . DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment,
and aNEGATIVE 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 the mitigation
measures described on an attached sheet have been added to the project. A NEGATIVE
DECLARATION with mitigation(s) will be prepared.
I find that the proposed project COULD have a significant effect on the environment, and an
'pt -1 iUtc�. P6_T,6& (m y?1��ite%&®::R id c o _ `f:t•..Opd 0m A d Od YO
i
0, 4-10 i ops oi.•. Ptts d I 1W&
ENVIRONMENTAL IMPACT REPORT is required.
Completed By: Stephen Hackney, Associate Planner Date
Reviewed by: Craig Sanders, Senior Planner Date
III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below could be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the
following pages.
X Land Use and Planning
_ Population and Housing
Systems
X Geophysical
X Water
_ Air Quality
X Transportation/Circulation X Public Services
_ Biological Resources _ Utilities and Service
_ Energy and Mineral Resources _ Aesthetics
X Hazards X Cultural Resources
Noise Recreation
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A "No Impact" answer is adequately supported if the referenced
information sources show that the impact simply does. not apply to projects like the one
involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be
explained where it is based on project -specific screening analysis).
2) All answers must take account of the whole, action involved, including off-site as well as on-
site, cumulative as well as project -level, indirect as well as direct, and construction as well as
operational impacts.
3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is
significant if there are one or more "Potentially Significant Impact" entries when the
determination is made, an EIR is required.
01—" AWi . PCD_. T,016 (m YI'Ii1ay O�q::R d :o _ 'k:�..,.Wd 0m A `d 04 10
4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less
than Significant Impact." The lead agency must describe the mitigation measures, and briefly.
explain how they reduce the effect to- a less than significant level (mitigation measures from
Section XVII, "Earlier Analysis," may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in a. earlier EIR or negative declaration.
Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the
checklist.
6) Lead agencies are encouraged to incorporate into the checklist references to information
sources -for potential impacts .(e.g. general plans, zoning ordinances).. Reference to a
previously prepared or outside document should, where appropriate, include a reference to
the page or pages where the statement is substantiated. A source list should be attached, and
other sources used or individuals contacted should be cited in the discussion.
IV. ENVIRONMENTAL IMPACTS:
1. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan
designation or zoning? X
b) Conflict with applicable
environmental plans or policies
adopted by agencies with
jurisdiction over the project? X
c) Be incompatible with existing land
use in the vicinity? X
d) Affect agricultural resources or
operations (e.g., impacts to soils or
farmlands, or impacts from
incompatible land uses)? X
e) Disrupt or divide the physical
arrangement of an established
community (including a low-income
or minority community)?
X
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Response: The proposal to divide the 16 acre parcel into three parcels of one 6 acre parcel
and two 5 acre parcels, does not conflict with the AR (Agricultural Residential) zoning. The
AR zoning allows for land divisions down to a minimum of 8125 square feet. The Land use
Element map shows the property with a Low Density Residential land designation. The AR
zoning classification for this area was approved in 1984. The AR zone is identified as a
consistent zone in this land use designation. (Zoning Map; General Plan Map)
The surrounding land uses consist of varied sized parcels ranging from 1/3 acre to 16+
acres. The residential characteristics of the area is a mixture of urban/rural residences. The
area may be considered an area in transition, moving from large, rural parcels with 50+
year old residences, to urban type smaller parcels, with newer residences. (Zoning Map;
Site Visit)
There will be minimum effect on agricultural resources. There are scattered remnants of
olive and some orange tree orchards in the surrounding area. The soil type, Aiken clay
loam, is susceptible to erosion and poor subsurface drainage. (Site Visit)
Mitigation: None required.
2: POPULATION AND HOUSING. Would the proposal:
X
a) Cumulatively exceed official
regional or local population
projections? X
b) Induce substantial growth in
an area either directly or indirectly
(e.g., through projects in an
undeveloped area or extension of
major infrastructure)? X
c) Displace existing housing,
especially affordable housing?
Response: The proposed project is in an area of urban/rural residential development. The
area is characterized by parcel sizes varying in size from 1/3 to 16+acres. Parceling this
property will not induce growth. Environmental Health requirements may limit residential
development to one single family residence on one of the two new parcels. Further land
division is theoretically possible with an AR zoning, however, further land division is
unlikely until community sewer is available due to the constraints of the land to meet
Appendix VII requirements of the Environmental Health Division, related to sewage
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disposal. The project does not represent a cumulative impact of any significance.
Mitigation: None required.
3. GEOPHYSICAL. Would the proposal result in or
expose people to potential impacts involving:
a) Seismicity: fault rupture? X
b) Seismicity: ground shaking/
liquefaction? X
c) Seismicity: seiche?
X
d) Landslides or mudslides?
e) Erosion, changes in topography
or unstable soil conditions from
excavation, grading or fill? X
/Km
f) Subsidence of the land? X
g) Expansive soils? X
h) Unique geologic or physical
features? X
Response: The Cleveland Hills Fault Special Studies Zone is located approximately less
than 1/4 mile south of the project site. The Cleveland Hills fault lies within the Swain
Ravine lineament fault zone. The Swain Ravine lineament fault zone extends northward
approximately 150-300 feet west of the Berry property. The Paynes Peak lineament fault
zone borders the eastern side of the property to within approximately 50 feet (see Memo &
Figure from BBA Engineering, April 9, 1998; "Seismic Hazard Analysis of the Bigelow
Property, " by Philip A. Lydon, Consulting Geologist, June 7, 1987, page 3). An appropriate
mitigation would be to recommend 50 foot residential setbacks on both sides of the property,
both west and east. The locatiion of the Swain Ravine lineament fault zone on the west side
of the property is approximate at best. Specific magnatometer readings or other similar
scientific fieldwork has not been performed in this specific area. It is recommended, for
purposes of additional safety, that a 50'setback from the western property line be required.
The applicant is required to comply with the minimum Uniform Building code requirements
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and standards for seismic activity.
The site contains high potential for erosion. An appropriate mitigation for development
should reduce potential impacts to less than significant.
MITIGATION #1: Prior to recordation of the Final Map, the applicant shall show on
the Map a 50 foot building setback from both the western property boundary and from
the eastern property boundary.
4.. WATER. Would the proposal result in:
a) Changes in absorption rates,
drainage patterns, or the rate
and amount of surface runoff? X
b) Exposure of people or property
to water related hazards such as
flooding? X
c) Discharge into surface waters
or other alteration of surface water
quality (e.g. temperature, dissolved
oxygen or turbidity)? X
d) Changes in the amount of surface
water in any water body? X
e) Changes in currents, or the
course or direction of water
movements? X
f) Change in the quantity of
ground waters, either through direct
additions or withdrawals, or through
interception of an aquifer by cuts or
excavation? X
g) Altered direction or rate of flow
of groundwater? -X
h) Impacts to groundwater quality? X
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Response: The project may have incremental impacts on absorption rates, drainage patterns,
or rate and amount of surface runoff. The project consists of a land division that may result
in development of the project site. The Butte County Constraints Map indicates there is a
high -very high potential for erosion in this area. The soils consists of Aiken clay loam
which is characterized as having good surface drainage, but care must be taken to avoid
erosion (Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of
Agriculture). An Erosion Control Plan, approved by Public Works, should adequately
address any potential impacts.
The project site has two (2) ditches/drainages running east/west through the property. These
features have the following characteristics: width and depth varying from 2'x2' to 4'x3';
carrying capacity of approximately 10+ cfs; ephemeral; well-defined and clear of debris.
Four culverts empty water from the site, carrying it under Miners Ranch Road, to the west
(Site Visit). Soil work on the newly created parcels should be limited to periods of dry
weather between April 15 to November 15 unless an erosion control plan for wet weather
conditions is prepared. Additional measures to stablize the soil should also be employed.
MITIGATION#2: Limit soil work to periods of dry weather between April 15 to
November 15 unless an erosion control plan for wet weather conditions is prepared by
a civil engineer or other qualified professional and approved by the Planning Division.
Mulch protect, Hydro -seed, or otherwise stabilize the soil on all areas that have been
disturbed or have been cleared of vegetation and are of erodible material.
MITIGATION #3: Show on the map a 50 foot No Development Zone along the
unnamed drainages located on parcels 2 and 3. The distance shall be measured from
the top of the bank of each drainage. Place a note on a separate document which is to
be recorded concurrently with the map or on an additional map sheet that states,
"Structures, dumping, fill material, and/or excavation shall not be allowed within the
50 feet No Development Zone as depicted.
5. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or
contribute to an existing or projected
air quality violation?
b) Expose sensitive receptors to
pollutants?
c) Alter air movement, moisture, or
temperature, or cause any change in
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climate? X
d) Create objectionable odors?
X
Response: The project is not going to violate or contribute to any air quality violation. The
project does not propose development plans that would require moving a lot of material or
grading that would potentially create dust. The Erosion Control Plan should address
grading activities if any future construction activities takes place. Any potential air quality
impacts resulting from the construction of one or two single family residences will be
minimal.
Mitigation: None required.
6. TRANSPORTATION/CIRCULATION.
Would the proposal result in.
a) Increased vehicle trips or traffic
congestion? X
b) Hazards to safety from design
features (e.g. sharp curves or
dangerous intersections) or incompatible
uses (e.g. farm equipment)? X
c) Inadequate emergency access or
access to nearby uses X
d) Insufficient parking capacity on-site/
offsite?
X
e) Hazards or barriers for pedestrians or
bicyclists? X
f) Conflicts with adopted policies
supporting alternative transportation
(e.g. bus turnouts, bicycle racks)? X
g) Rail,. waterborne or air,traffic
impacts? X
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h) Substantial impact upon existing
transportation systems, including
public transportation services?
X
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Response: The project site is located within the Oroville Urban Area. Urban residential
generation rates are approximately 9.53 per dwelling unit (ITE Manual 1991). Two
potential new dwelling units on the two newly created parcels may add an additional 19
vehicle trips per day on Miners Ranch Road. This represents an incremental increase but
not a significant impact to traffic in the area. Traffic figures for the area indicate Miners
Ranch Road area to have a Level Of Service "A " in this area (Master Environmental
Assessment, Transportation & Circulation chapter, Table TRAF - 6, page TRAF - 14).
Mitigation: None required.
7. BIOLOGICAL RESOURCES.
Would the proposal result in impacts to:
a) Endangered, threatened or rare
species or their habitats (including'but
not limited to plants, fish, insects,
animals, and birds)? X
b) Locally designated species (e.g.
heritage trees)?
X
c) Locally designated natural
communities (e.g. oak forest, etc.)? X
d) Wetland habitat (e.g. marsh,
riparian and vernal pool)? X
e) Wildlife dispersal or migration
corridors? X
Response: There are no known endangered, threatened ore are species or habitats present on
the site (Butte County Resources Constraints Map, and site visit, February 20, 1998). The
project area is characterized by typical foothill woodland - scattered blue oaks, interior
oaks,'pine, and an assortment of shrubs. No wetlands 'or .other surface water features,
besides the two drainages, exist on-site (Site Visit; US Fish & Wildlife Wetlands Inventory
Map).
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Mitigation: None required.
8. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy
conservation plans? X
b) Use non-renewable resources in a
wasteful and inefficient manner? X
c) Conflict with the extraction of
identified, significant mineral
resources? X
Response: Approval of this project will not result in any conflicts with any energy
conservation plans. Approval of the project will allow for the creation of two additional
parcels which may result in the construction of two residences. For the short term, the use
of energy will be limited to that fuel needed to operate machinery needed for construction
purposes. Once any construction activities are completed, only standard energy
consumption for heating and/or air conditioning for these residences will be required. The
long-term use of energy will be minimal.
Mitigation: None required.
9. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or
release of hazardous substances
(including, but not limited to: oil,
pesticides, chemicals, or radiation) X
b) Possible interference with an
emergency response plan or emergency
evacuation plan? X
c) The creation of any health hazard
or potential health hazard? X
d) Exposure of people to existing
sources of potential health hazards? X
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e) Increased fire hazard in areas with
flammable brush, grass, or trees? X
Response: The project is located within a State Response Area for wildland fires and
construction of homes in this area makes fighting these fires more difficult because fire
resources mustprotect structures before wildlands. The Fire Department has requested that
all new structures and driveways meet the Fire Safe Regulations ofButte County and Public
Resources Code 4290 which include fuel reduction areas within 30 feet of all structures and
specified addressing signs. Because of the 30 foot fuel reduction requirement the current
side and rear yard building setbacks of S feet for the AR zone are not adequate. Property
owners placing structures within 30 feet of the property line would be restricted from
clearing brush on the adjacent parcel. To allow all property owners•to have control over
fuel reduction around their homes a 30 foot side and rear yard building setback shall be
required instead of the normal 5 foot side and rear yard building setbacks of the AR zone.
While a S0 foot setback for the rear yard is already being recommended (see Mitigation #1),
it is only necessary to recommend a 30 foot side yard setback.
MITIGATION # 4: Place a note on a separate document which is to be recorded
concurrently with the map or on an additional map sheet that states: "The building
setback from the side of the property lines shall be not less than 30 feet." If an
additional map sheet is recorded, also show the 30' setback on the parcels.
10. NOISE. Would the proposal result in:
a) Increases in existing noise levels?
b) Exposure of people to severe noise
levels?
X
M"
Response: The project will not result in any increase in noise levels. Approval of a parcel
map typically allows the owner of each parcel to build a residence - a permitted use in this
zone -which would temporarily result in increased noise levels from construction. This
noise is temporary inn nature and consistent with the area.
Mitigation: None required.
11. PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or
altered government services in any of the
following areas:
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a) Fire protection?, X
b) Police protection? X
c) Schools? X
d) Maintenance of public facilities,
including roads? X
e), Other governmental services? X
Response: The project is located in an area with a high fire hazard designation. The
proposal will result in an incremental increase in demand for fire protection in the area.
The Butte County Fire Department/California Department of Forestry has indicated that
cumulative development in rural areas will impact their ability to provide fire protection
services. They have stated that installation of automatic fire suppression sprinkler systems
in residential structures, the use of fire resistance building materials and water supply
systems adequate to support the sprinkler system will reduce the demand for fire protection
services. The nearest fire station is located approximately 8+/- miles north of the project
site.
MITIGATION #5: Place a note on a separate document which is to be recorded
concurrently with the map or on an additional map sheet that states: "Fire suppression
sprinkler systems shall be installed in all new residential structures in accordance with
the National Fire Protection Association Standard for the installation of sprinkler
systems in one and two family dwellings and mobile homes, NFPA Standard 13D,
unless a pressurized community water system, with hydrants that meet Fire
Department specifications, serves the parcels."
12. UTILITIES AND SERVICE SYSTEMS. Would the
proposal result in a need for new systems, or
substantial alterations to the following utilities:
a) Power or natural gas? X
b) Communications systems?
X
c) Local or regional water treatment
or distribution facilities? .
X
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d) Sewer or septic tanks? X
e) Storm water drainage? X
f) Solid waste disposal? _X
g) Special Districts? X
Response: The project will not result in any substantial impacts to existing services nor need
for new service facilities. Power already exists at the site for the existing residences.
Sewage disposal will be provided by on-site septic systems. The Department of,
Environmental Health has specified the conditions for approval it requires.
Increased rate and flow of stormwater runoff presents a less than significant impact. The
two drainages running through the property are capable of carrying a significant amount of
runoff. The natural drainage on the property is from east/northeast to west/southwest,
with two ephemeral streams/drainages capturing surface flow and moving it west/southwest
towards Wyandotte Creek.
Mitigation: None required.
13. AESTHETICS. Would the proposal:
a) Affect a scenic vista or designated
scenic highway? X
b) Have a demonstrable negative
aesthetic effect? X
c) Create light or glare? X
Response: No scenic vista or other aesthetic effect will result (Site Visit).
Mitigation: None required.
14. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources?
X
b) Disturb archaeological resources? X
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c)Affect historical resources?
X
d) Have the potential to cause a
physical change which would affect
unique ethnic cultural values? X
e) Restrict existing religious or sacred
uses within the potential impact area?
X
Response: 'The project site is located in a general area characterized as having a low to
moderate, including unknown, archeological sensitivity. The location of the project is not in
an. area that holds very high potential for historical or cultural resources. Often such sites
are found in foothill areas, areas with high bluffs, rock outcroppings, .areas overlooking deer
migratory corridors, or above bodies of water. No such characteristics exist on the project
site. Therefore, no impacts to cultural resources are expected to occur.
Mitigation: None required.
15. RECREATION. Would the proposal:
a) Increase the demand for
neighborhood or regional parks or
other recreation facilities? X
b). Affect existing recreational
opportunities?
X
Response: The proposal is for a parcel map to create two new parcels. Discussions with
the applicant, the project engineer, and Environmental Health indicate that only one of the
two new parcels may be able to meet sewage disposal requirements. The potential
construction of one new residential unit will not result in a significant increase in the
demand for park and recreation facilities in the area nor will it affect existing recreational
opportunities.
Mitigation: None required.
16. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the
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potential to 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
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? X
b) Does the project 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 with the effects of
past projects, the effects of
other current projects, and the
effects of probable future projects). X
c) Does the project have environmental
effects which will cause substantial
adverse effects on human being, either
directly or indirectly? X
Response.- As discussed in Section IV of this document, with appropriate mitigations in
place, this project will not significantly degrade the quality of the environment. Potential
impacts to wildlife and to the area within the ephemeral streams are addressed with
appropriate mitigation measures in Items #3 & 4. Potential impacts to any humans due to
fire hazards is addressed with appropriate mitigationmeasures in Items #9 & 11. The
proposal will not have any significant cumulative impact on the environment.
MITIGATION: See Mitigations #1 - 5.
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V. MITIGATION MEASURES AND MONITORING REQUIREMENTS:
MITIGATION #1: Prior to recordation of the Final Map, the applicant shall show on the Map
a 50 foot building setback from both the western property boundary and from the eastern
property boundary.
MITIGATION#2: Limit soil work to periods of dry weather between April 15 to November
15 unless an erosion control plan for wet weather conditions is prepared by a civil engineer or
other qualified professional and approved by the Planning Division. Mulch protect, Hydro -
seed, or otherwise stabilize the soil on all areas that have been disturbed or have been cleared
of vegetation and are of erodible material.
MITIGATION #3: Show on the map a 50 foot No Development Zone along the unnamed
drainages located on parcels 2 and 3. The distance shall be measured from the top of the bank
of each drainage. Place a note on a separate document which is to be recorded concurrently
with the map or on an additional map sheet that states, "Structures, dumping, fill material,
and/or excavation shall not be allowed within the 50 feet No Development Zone as depicted.
MITIGATION #4: Place a note on a separate document which is to be recorded concurrently
with the map or on an additional map sheet that states: "The building setback from the side of
the property lines shall be not less than 30 feet."
MITIGATION #5: Place a note on a separate document which is to be recorded concurrently
with the map or on an additional map sheet that states: "Fire suppression sprinkler systems
shall be installed in all new residential structures in accordance with the National Fire
Protection Association Standard for the installation of sprinkler systems in one and two family
dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water
system, with hydrants that meet Fire Department specifications, serves the parcels."
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DATASHEET
A. Project Description
1. Type of Project: Land Division
2. Proposed Density of Development: Idu/5+/- ac
3. Amount of Impervious Surfacing: minimal
4. Access and Nearest Public Road(s): Access to Miners Ranch Road
5. Method of Sewage Disposal: Individual septic system.
6. Source of Water Supply: Public water.
7. Proximity of Power Lines: To property.
8. Potential for further land divisions and development: Potential for further land
division under present zoning exists.
B. Environmental Setting
1. Terrain
a General Topographic Character: uneven, some areas of level terrain;
b. Slopes: level (2-7+% grade)
C. Elevation: 400 feet above sea level.
d. Limiting Factors:none
2. Soils
a. Types and Characteristics: Aiken clay loam
b. Limiting Factors: potential erosion; potential subsurface drainage problems.
3. Natural Hazards of the Land
a. Earthquake Zone: located within the Foothill Shear Zone and After Shock
Epicenter Region of the 1974 Oroville earthquake.
b. Erosion Potential: high -very high.
C. Landslide Potential: low
d. Fire Hazard: high
e. Expansive Soil Potential: low
4. Hydrology
a. Surface Water: two ditches transporting run-off, ephemeral water to west.
b. Ground Water: unknown
C. Drainage Characteristics: drains east to west
d. Annual Rainfall (normal): 30" inches per year.
e. Limiting Factors: none
5. Visual/Scenic Quality: Good.
6. Acoustic Quality: Good.
7. Air Quality: Good, except during period of agricultural burning and when stagnant
air conditions persist in the valley.
8. Vegetation: mixed oak species, digger pines, grasses, riparian species, poison oak.
9. Wildlife Habitat: Small birds and animals common to foothill woodlands.
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10. Archaeological and Historical Resources in the area: moderately high.
11. Butte County General Plan designation, Low Density Residential
12. Existing Zoning: AR ,
13. Existing Land Use on-site: 3 single family residences; undeveloped.
14. Surrounding Area:
a. Land Uses: transition zone of mixed urban and rural residential development.
b. Zoning: AR
c. Gen. Plan Designation: Low density Residential
d. Parcel Sizes: 1/3 to 16+ acre parcels
15. Character of Site and Area:transition area from rural to urban.
16. Nearest Urban Area: Oroville
17. Relevant Spheres of Influence: Oroville
18.. Improvement Standards Urban Area: None
19. Fire Protection Service:
a. Nearest County (State) Fire Station: Station number 64 approximately 8+/ -
miles away.
b. Water Availability: Tanker truck
20. Schools: Oroville Elementary.
ENVIRONMENTAL REFERENCE MATERIAL
1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic
Safety Element. Oroville, CA: CH2M Hill, 1977.
2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety
Element. Oroville, CA: CH2M Hill, 1977.
3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety
Element. Oroville, CA CH2M Hill, 1977.
4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville,
CA: C112M Hill, 1977.
5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville,
CA: CH2M Hill, 1977.
6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element..
Oroville, CA: CH2M Hill, 1977.
7. Butte County Planning Department. Scenic Highways ME V-1, Scenic Highway Element.
Oroville, CA: CH2M Hill, 1977.
8. Butte County Planning Department. Natural Fire Hazard Classes May 111-4, Safety
. • Element. Oroville, CA: CH2M Hill, 1977.
9. Butte County Planning Department. Archaeological Sensitivity May. Oroville, CA: James
P. Manning, 1983.
10. Butte County Planning Department. School District Map. Oroville, CA.
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1
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11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate
Concentration in Shallow Wells. The Resources Agency, State of California, 1983.
12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution
No. 67-178. Oroville, CA: Butte County Planning Department, 1987.
13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency
Management Agency.- 1989.
14. USGS Quad Maps. r
15. Soil May, Chico (,1925)/Oroville (1926) Area. United States Department of Agriculture.
16. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture.
17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities
Mal). Butte County Fire Department and California Department of Forestry, 1989.
18. U.S. Fish & Wildlife Wetlands Inventory Map, 1976.
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NOTES:
S 89' 56' 53• E 740.40' (M) - 1. STRUCTURES, DUMPING. FILL MATERIAL, ANO/OR
30' BUILDING SETBACK LME EXCAVATION SHALL NOT BE ALLOWED WITHIN TIIE
N ry` NO DEVELOPMENT ZONE AS DEPICTED.
_ 2. THE BUILDING SETBACK FROM THE SIDE OF THE
A ANDNO OPu NT 2 E PROPERTY LINES SHALL BE NOT LESS THAN 30
A3
i o I FEET.
C • I 3. FIRE SUPPRESSION SPRINKLER SYSTEMS SHALL BE
-ry^1Ig S� I INSTALLED IN ALL NEW RESIDENTIAL STRUCTURES
Q • IN ACCORDANCE WITH THE NATIONAL FIRE PROTECTION
ASSOCIATION STANDARD FOR THE INSTALLATION OF t'
L SPRINKLER SYSTEMS IN ONE AND TWO FAMILY DWELLINGS
d 2 I I AND MOBILE HOMES, NFPA STANDARD 130, UNLESS A
1 G A DI , OSAL I PRESSURIZED COMMUNITY WATER SYSTEM. WITH
.5 j HYDRANTS THAT MEET FIRE DEPARTMENT SPECIFICATIONS.
T I -SERVES THE PARCELS.
I 6, I 4.• THE SHERIFF'S FACILITES IMPACT FEE SMALL BE PND,
PURSUANT TO THE PROVISIONS OF CHAPTER 3. ARTICLE
p.pp' II OF THE BUTTE COUNTY CODE. PRIOR TO THE ISSUANCE
OF BUILDING PERMIT. SAID FEE AMOUNT SHALL BE
30.00' ' DETERMINED AND CALCULATED AS OF THE DATE OF
. APPLICATION FOR BUILDING PERMIT.
0.00' W 5. ONLY ONE PERMANENT DWELLING UNIT SHALL BE ALLOWED ON 7
W 12 m PARCEL 2, AND NO ADDITIONAL RESIDENTIAL DWELLING UNITS
0 I N PARCEL 1.
6. NOAWA TER LL BE ALLOWED
4D oBE LOCATED WITHIN 100' OF THE 1
USABLE SEWAGE DISPOSAL AREA AS SHOWN.
1 • ' I L° -- - - 1 f - 7. DEVELOPMENT OF THESE PARCELS MAY REOUIRE PAYMENT
INTO THE WATER TENDER FUND.
S. LIMIT SOIL WORK TO PERIODS OF DRY WEATHER BETWEEN i
^ I'•� ' i - APRIL IS AND NOVEMBER 15 UNLESS AN EROSION CONTROL
PLAN IS PREPARED BY A CIML ENGINEER OR OTHER OUAUFIED J"
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R 1 i f m OR FACILITIES ON THE PARCELS SHALL COMPLY WITH THE
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. RESOURCES CODE 4290)• AND ALL OTHER APPLICABLE STATE
I ' AND COUNTY CODES, ORDINANCES AND REGULATIONS IN L
n1� W 1 I• EFFECT AT THE TIME OF APPLICATION FOR IMPROVEMENT
10. PERMINGITS. IDENTIFICATION AND/OR ADORE SS SHALL BE ^
INSTALLED IN CONFORMANCE VAIN PUBLIC RESOURCES CODE
4290 AND SHALL BE POSTED AT THE BEGINNING OF BUILDING
30' BUILDING SETBACK LINE 6 I ~o In - CONSTRUCTION AND MAINTAINED THEREAFTER. j
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f I z m Sec. 18, T. 19 N., R. 5 E. MDB&M
8 k i a Butte County, California
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BURRING SETBACK LINE
d d 14 835.79' (M) Leroy Harry
725.74' SBA EN /NEE /TVG
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1 I N 88' 00' W
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•
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11 OF THE BUTTE COUNTY CODE. PRIOR TO THE ISSUANCE
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DETERMINED AND CALCULATED AS OF THE DATE OF -
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•
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RESOURCESS CODEDE FIRE 42IRE AND ALL OTHER APPLICABLE STATE
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' - •
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- RECORD TITLE INTEREST.
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01
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Sec. 18, T. 19 N., R. 5 E. MDB&M
Butte County, Califomlo
114
— — — —
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