Loading...
HomeMy WebLinkAbout01-054~~- f ~ ~f ~ .. ~ rt.Cr bS~1 ~ 7 •:~ ~1 ~ ~'~` ~ ~y gv't'1y44 ~/~ i P~~Fyy~i ~#J,~~ ,.r~~ z '~ ¢' k. ~' ~ Stu"',' .: ,~.r bC`~ .:v; , q~.4,~7~ ~~ ~...s^". , _w~r i~~ N a r? a 3rM.-r ~ ..~e3,.,~ ~l~,e~> ,~'~.. -x~ . ~. ~~ ~i,5,e3. n ~~'SOlUflOti Nt~. 01-054 JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE APPROVING THE ADOPTION OF A GENERAL PLAN AMENDMENT FROM GRAZING AND OPEN LAND TO AGRICULTURAL RESIDENTIAL; LOW DENSITY RESIDENTIAL TO COMMERCIAL; AND AN AMENDMENT TO THE NORTH CHICO SPECIFIC PLAN FROM PUBLIC TO AGRICULTURAL-RESIDENTIAL, AND AGRICULTURAL-RESIDENTIAL AND OPEN SPACE TO PUBLIC. WHEREAS, a private individual, Robert Russell, has petitioned the Butte County Planning Commission and Board of Supervisors, through an appropriate application, to amend the Butte County General Plan Land Use Element, for a change from Grazing and Open Land to Agricultural-Residential, for that property identified on Exhibit A-1 attached hereto; and WHEREAS, the Mooretown Rancheria Concow Maidu, a federally recognized sovereign Indian tribe, has petitioned the Butte County Planning Commission and Board of Supervisors, through an appropriate application, to amend the Butte County General Plan Land Use Element, for a change from Low Density Residential to Commercial, for that property identified on Exhibit B-1 attached hereto; and WHEREAS, a private individual, Stephen J. Schuster, has petitioned the Butte County Planning Commission and Board of Supervisors, through an appropriate application, to amend the Butte County General Plan Land Use Element and North Chico Specific Plan, far a change from Public to Agricultural Residential and from Agricultural Residential and Open Space to Public, for that property identified on Exhibit C-1 attached hereto; and WHEREAS, the proposed General Plan Amendments have been studied and reviewed by the Butte County Planning Commission and a public hearing held pursuant to law, at which time all interested persons were heard; and WHEREAS, the Butte County Board of Supervisors has reviewed and considered the contents of the Initial Studies {Exhibits A-2, B-2, and C-2) prepared on the amendments pursuant to the California Environmental Quality Act; and WHEREAS, the Butte County Board of Supervisors has held hearings on the General Plan Amendments at which all interested parties were heard; and WHEREAS, the Butte County Board of Supervisors finds the proposed amendments comply with all elements of the Butte County General Plan and comprises an overall internally consistent whole, specifically: Robert Russell General Plan Amendment A. Policy 2.2.a. of the Butte County General Plan Land Use Element states that extensive areas for primary use as livestock grazing land be maintained. The change from GOL to AR is not expected to have a significant impact on livestock grazing on Che site. Livestock grazing will still be possible. B. Policy 2.2.b. of the Butte County Land Use Element states that livestock grazing be allowed on all suitable sites not needed for development or crop production. The soils on the site have severe limitations that make them unsuitable for cultivation, but are fairly well-suited for grazing. C. Policy 2.2.e. of the Land Use Element states that Grazing and Open Land category areas on the Land Use Map be retained where location and natural conditions make lands well suited for grazing land. The majority of the site is heavily vegetated with numerous pines, cedars, firs, oaks, and extensive brush. Overall, the site is Limited for livestock grazing due to the heavy vegetation. D. The characteristics of the project site -beyond service areas of community water and sewer systems, less than 30°lo slopes, adjacent or near to existing roads and public utilities, and not within floodplains or known active faults -meet the criteria for inclusion into the requested General Plan designation of Agricultural Residential. Mooretown Rancheria General Plan Amendment A. The proposed G 1 {Light Commercial) zone is consistent with the proposed Commercial General Plan designation. B. Although the proposal will result in the loss of 5.45 acres of land now designated for Low Density Residential uses by the General Plan, there is no impact to housing availability in the area, as supported by the following: It is unlikely that additional dwellings may be developed at this site without full sewer service being provided to the area. This area is currently not provided with sewer service, and the Environmental Health Department indicates that on-site disposal of sewage is very difficult due to the poor soil conditions of the area. 2. The Mooretown Rancheria is in the process of providing additional housing for tribe members within the Rancheria itself. Through this planning process, adequate housing will be provided for the Rancheria community, and the loss of residential land represented by this proposal will not significantly effect housing availability in the area. C. Visual impacts will be mitigated through the inclusion of Mitigation Measure #l, which requires that all lighting fixtures be directed downward and not exceed the height of mature trees, and that lighting be contained within the parking lot boundaries, and Mitigation Measure #2, which requires landscaping to be installed in accordance with an approved Landscaping Plan. D. Air Quality will be protected through the inclusion of Mitigation Measure #3, which requires that construction areas be watered or treated with a soil palliative to prevent fugitive dust conditions. E. Runoff generated by the proposed parking lot will be mitigated through the inclusion of Mitigation Measure #5 ,which requires a drainage plan that shall specify how drainage waters shall be detained on-site andlor conveyed to the nearest natural or publicly maintained drainage channel or facility, and that there shall be no increase in the peak flow runoff to said channel or facility. F. Erosion shall be mitigated by the inclusion of Mitigation Measure #4, which requires that all cuts and fills greater than 2-feet in height created during parking lot construction shall be stabilised with a native grass seed mix or hydroseed application. G. The Mooretown Rancheria has been required to submit fair-share contributions for off-site road improvements in order to maintain adequate traffic flow and circulation for the Feather Falls Casino complex. Any traffic impact from the proposed parking lot associated with this General Plan Amendment and Rezone has been mitigated by the work completed and scheduled by the Department of Public Works. These improvements include the widening of Lower Wyandotte Road to include a continuous left-hand turn lane and signalization of the intersections of Lower Wyandotte, Ophir, and Upper Palermo Roads and the intersection of Ophir Road and Lincoln Boulevard. With the exception of the signalization of Ophir Road and Lincoln Boulevard, the work has been completed to the satisfaction of the Department of Public Works. The Ophir RoadlLincoln Boulevard signalization is scheduled for the Summer of 2001, according to the Department of Public Works. Schuster Amendment to the North Chico Specific Plan A. The proposal is consistent with the fallowing Policies and Exhibits from the North Chico Specific Plan: General Policy 2 (NCSF Fa eg 3-5) Create integrated open space, parks, recreational amenities which will result in improved quality of life for residents of both the Plan area and the greater Chico area. The proposal ir2tegrates the neighborhood park with the Keefer- Slou~s,~h corridor, and provides for the location of a trail on park land, wlaiclt will align with other land owned by the Chico Area Recreatio~z District located to Che north. 2. Circulation Policy 3~NCSP Page 4-"7~ In order to encourage use of the. proposed pathsltrail system, design street patterns which utilize single loaded streets and other street and lot design techniques along proposed pathsltrails. The proposal allows for the f~eigltborhood park and trail to he accessible to the public along the entire length of the proposed collector- road, with parcel development restricted to the opposite side of t{te collector road. 3. Circulation PolicX6 tNCSP Page 4-7) All path and trails designed within properties which are proposed for subdivision shall be required to be designed and improved by the developer of the subdivision in accordance with the requirements of this Plan and good planning and engineering practice. Maintenance of these areas will be the responsibility of CSA 87. The proposed r~ew location for the neighborhood park will allow for the development of the trail required by the NCSP. Development of the trait will be required pr°ior to recordation of the Subdivision Map submitted concurrently with this proposal. 4. Environmental Protection Policy 1 (,NCSP Page 5-6~ Minimize impacts to archaeological, biological, riparian and other natural resources through avoidance. Mitigation Measure #1 requires recordation of an easement requiring a 100 foot r~o developntetit setback prior to recordation of the Subdivision Map submitted concurrently with this proposah Approval of the proposed General Plan Arraetidment and Rezone would not authorize any additional eorastruetion nr activity that will intpaet archaeological resources. A pedestrian level archaeological recortrtaissanee will be required prior to developrttetat of any area located outside the 10~ foot setback along Keefer Slough, in accordance with NCSP Policy 7.4-4. 5. Resource Protection Policy 7,4-1 (NCSP Page 7-5~ Development of Keefer Slough shall he set back 10(7 feet from the top of the bank to preserve existing riparian vegetation and habitat, to encourage the expansion of riparian habitat, and to provide a corridor for wildlife. Proposed trails shall be aligned along the outer edge of the 100 foot buffer zone. The precise location of the top of the bank shall be approved in the field by the Director of Development Services or designee in conjunction with the Public Works Director. Mitigation Measure #1 requires the ancaiartenaaace of the IOD foot no developaaae~u setback iaa accordance with the NCSP. The proposed new park loeatiort provides adequate area clear of the 10D foot setback for developmwnt of the trail system. 6. Resource Protection Policy 7.4-3 (NCSP Page 7-6~ Conduct pre-construction surveys far properties in the vicinity of Keefer Slough between Garner Lane and Hicks Lane to determine if nestingtbreeding activities of the black shouldered kite are occurring. Delay construction activities within 300 feet of any nest until the young have been Hedged. Mitigation Measure #5 requires pre-constructions surveys for tlae black shouldered kite prior to anv development activities. This ntitigatiota will be required prior to recordation of the Snbdivisioaa Map subtaaitted concurrently with dais project. 7. Resource Protection Policy 7.4-4 (NCSP Page 7-6) An Archaeological survey and written report shall be prepared by a qualitied archaeologist addressing proposed development within areas of high sensitivity as shown in NCSP figure 7-1. Tlae proposed Satbdivision Map is shown to be outside tlae area designated as haviaag high archaeological sensitivity. T{ae new location of tlae proposed park site, is aaa area that lass been identified as having a high archaeological serasitivih~ (NCSP Figure 7-1). Approval of the proposed General Plaaa Amendtatent and Rezone would not authorize arty additioaaal construction or activity t{tat will impact archaeological resoarrces. However, a pedestrian level archaeological a-ccortnaissaawc will be required prior to developnaeaat of any area located oa~tside the 100 f~~ot setback atortg Keefer Slough, ira accordance with NCSP Policy 7.4-4. 8. Figure 3.1, North Chico Specific Plan Land use Map Tl1is figure shows the Specific Plan Designations applicable in the North Chico Specific Pian Area. This figure is art~ended by this General Plan Arraendrraent/Rezatte. T{te untended Figure shawl the proposed flew location for the park, designated as P-Q (ParC~lic, Qcrasi-Puhlic), along Keefer Slough, and art SR-1 (Subierban Residential, 1-acre parcels) specific plan desigf~atiora at the previous loeatian of the 5-acre park. 9. Figure 4. i, Circulation S,, s This figure shows the location of the proposed collector road (Guntren Road) as required by the NCSP. The applicant .haws this road on the concurrently suhrrtitted Tentative Subdivision Map. The road loeatian cortforrns with Figure 4.1. This road shalt also provide access to the proposed raew location for the neiglaborhaad park. f0, Figure 4.2, Paths & Trails This figure shows the alignment of the trail through this property and the proposed new location for the park. The development of the trail will Ue a condition of the corzcur-rentl_v suUtnitted Tentative Sarhdivisiafz Map. f 1. Fi,g ure 5- L Parks & Open Space This figure shows the location of Parks & Open Space in the North Chico Specific Plan Area. This figa~r-e is cztrtended by this General Plczn Amerzdrnent/Rezone. The arr~ended Figure shows the proposed new locatiara for the park, along Keefer Slau~~~lt, 12. Figure 6-3, Drainage Concert This figure shows the current location of the 5-acre park as a detention area, which is necessary to mitigate water runoff from a 10 year, 24 hour post development storm. This figure is ar~aeraded Uy this General Plan Arizendrnent/Rezone. The new detention area, located in the southwest comer of the property adjacent to Keefer Stough, can serve the saute purpose, provided the proposed subdivision is developed with drainage structures to properly divert and retain starni water runoff: This will be a condition of the concurrently suhrrzitted Tentative Suhdivisiart Map. 13. Figure 7-l, Archaeological Resources This figure shows the location of areas that have a potential to contain sensitive archaeological resources. At~y develt~pr~zel~t of sefzsitive areas shalt be in accora'atzc~e witj~ NCSP Policy 7.4-4. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The General Plan Amendment to Agricultural-Residential as shown on the attached Exhibit A-1 is hereby incorporated by reference. 2. The General Plan Amendment to Commercial as shown on the attached Exhibit B-1 is hereby incorporated by reference. 3. The General Plan Amendments to Agricultural-Residential and Public as shown on the attached Exhibit C-1 are hereby incorporated by reference. 4. The General Plan Amendments are hereby adopted and by the Board of Supervisors of the County of Butte as amendments to the Butte County General Plan Land Use Element, said Amendments to be the land use policy for the County of Butte in the affected area for all findings pursuant to law; and WHEREAS, with regards to the Schuster project, at a public hearing held September 20, 2000, the Butte County Airport Land Use Commission (ALUC) reviewed the Schuster project application for consistency with the 1978 Chico Municipal Airport Environs Pian (CMAEP) as amended on October 21, 1998 and December 29, 1999 and found the project inconsistent with the CMAEP; and WHEREAS, with regards to the Schuster project, the Board of Supervisors, on May 8, 2001., made and adopted findings to override the ALUC inconsistency findings in accordance with Sections 21676 and 216'70 of the Public Utilities Code; and BE IT FURTHER RESOLVED, with regards to the Schuster project, that the Butte County Board of Supervisors hereby approves: 1. Revised text, figures, and tables to reflect the effects of the Schuster General Plan Amendment on the whole North Chico Specific Plan, including but not limited to; a. Amend Figure 3.1, North Chico Specific Pian Map, to reflect the new land use designations. b. Amend Figure 5.1, Parks & Open Space Map, to reflect the new land use designations. c. Amend Figure 6.3, Drainage Coneept Map, to reflect the new land use designations; and BE IT FURTHER RESOLVED, that pursuant to Government Code Section 65359 that the General Plan be endorsed to show that the above amendments have been approved by this Board. BE IT FURTHER RESOLVED, Chat if any of the three General Pian Amendments made by this Resolution, namely the Rabert Russell, Mooretown Rancheria, or Stephen Schuster Amendments, is for any reason held to be invalid by a court of competent jurisdiction, the provisions of this Resolution relating to that Amendment shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions of this Resolution which can be given effect without the invalid provisions thereof. PASSED AND ADOPTED by the Butte County Board of Supervisors on this 22nd day of riay , 2001, by the following vote: AYES: Supervisors Beeler, Houx, Yamaguchi and Chair Josiassen NOES: Supervisor Dolan ABSENT: None NOT VOTING: None ~4 {,- CURT JOSIASSEN, CHAIRMAN Butte County Board of Supervisors ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the Board r ~~ K:APLANNING\PROJECTS\GPA\BDRESO MAP AMENDING Exhihit• A-1 OROVILLE AREA LAND USE PLAN File; GPA/RZ O1-Ol Resolution Butte County Board of Supervisors 01-054 Date 5J22J01 N MAP AMENDING Exhibit• B-7 OROVILLE AREA LAND USE PLAN tee; GPA/RZ 99-03 Resolution Butte County Board of Supervisors O1-054 Date 5/22J01 N GENERAL PLAN AMENDhrIENT FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL MAP AMENDING Exhibit• C-1 CHICO AREA LAND USE PLAN >~le; GPA/RZ 00-05 Resolution Butte County Board of Supervisors 01-054 Date 5/22/01 Pr<~ject: Russell General Nlun Amcn~lment, File GPA OC-OI E~$IBjT ~l-2 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL. IMPACTS I. BACKGROUND: I . Name of Proponent: Robert Russell 2. Address: P.O. Box 222, Bangor, CA 85914 Phone: (530) 370-0124 3. Name of Proposal: NlA 4. Type of Project: General Plan Amendment 5. Project Description: This is an application f©r a General Plan Amendment to change the Butte County General Plan land use designation on the project site from Grazing and Open Land to Agricultural-Residential. The area proposed for change encompasses approximately 43 acres. The project has two General Plan designations: approximately ~3 acres of Grazing and Open Land and approximately 16-acres of Agricultural-Residential. The Butte County General Plan Land Use Map shows that the boundary of the Grazing and Open LandlAgricultural-Residential designations an the project site is an Oroviile Wyandotte Irrigation District (OWID) water ditch that traverses the site. The Planning Division's Geographical Information System (GIS) General Plan theme coverage for the project site shows that the Grazing and Open LandlAgrieultural-Residential boundary only generally follows the OWID water ditch. The difference in what is shown on the General Pian Land Use Map and what is shown on the GIS is not significant because the difference is small. It appears that the OWID water ditch was used as the boundary because it is awell-defined and easily identified physical feature. The lands below the ditch are somewhat less vegetated than the lands located above the ditch. The lands below the ditch are also generally not as steep as the lands above the ditch. The proposed Agricultural-Residential General Plan land use designation, along with the existing A-5 zoning of the site, could result in the property being divided into eleven 5-acre parcels. However, the project site is located within deer herd critical winter habitat, which requires a 40-acre minimum parcel size. The applicant proposes to create, with approval of a subsequent parcel map, two 29+ acre parcels. The California Department of Fish and Game has tentatively approved of the two 29+ parcels provided that deed restrictions be placed on the property to prevent impacts to deer (see the attached Department of Fish and Game letter, dated September 22, 2000). The deed restrictions will include a prohibition on further land divisions and the location of a new homesite, The deed restrictions ^ Butte County Department of Development Services ^ Planning Division ^ Project Russell Generil Plan Amendment, File GPA Ol-(l l recommended by the Department of Fish and Game will be conditions of project approval for a subsequent parcel map on the project site. Note: The project specific environmental issues that may result from a land division allowed under this proposal would he completely addressed when an application is made for a parcel map. This Initial Study addresses the environmental impacts directly related to a change in the General Plan designation. 6. Location of property On the south side of Black Bart Road, approximately 1.4 miles south of Forbestown Road, at 876 Black Bart Road, Robinson Mills Area. 7. Setting: The project site is developed with a home, three accessory structures, septic system, and a well. An Oroville Wyandotte Irrigation District water ditch, with an adjacent dirt service road, traverses the site. Access to the site is via a long dirt/gravei driveway off of Black Bart Road. Vegetation on the site consists of numerous pines, cedars, firs, oaks, and extensive brush. An open area consisting of grasses is located below the existing homesite. The site has undergone timber harvesting. Elevations on the site range from a low of 2,340 feet above sea level in the southwest portion of the site to a high of 2,740 feet above sea level in the northeast portion of the site. The site has a slope of approximately 22°Io, but there are some slopes on the site that are nearly 50°10. The site generally drains into Negro Creek, which then flows into Natchez Creek. The project site is located within deer herd critical winter habitat. Surrounding parcels are zoned A-5 or TPZ-160 (Timber Preserve Zone, 160-acre minimum parcel size) and have a General Plan land use designation of Agricultural-Residential or Grazing and Open Land. Surrounding and nearby parcels range in size from 16-acres to 16~- acres. The predominant land uses in the project area are dwellings at rural densities, timber harvesting, and scattered animal keeping. Assessor's Parcel Numbers: 073- l 10-036 9. Date Checklist Submitted: January 3, 2001 10. Other public agencies whose approval is required e g permits, financing approval or participation agreement): Butte County Building Division, Butte County Public Works Department, Butte County Fire Department/CDF, Butte County Environmental Health Division, California Department of Fish and Game. ^ Butte County Department of Development Services ^ Planning Division ^ 2 Project: Russell Gcner~l Plun Amendment. Idle (iPA O1-01 II. DF,TERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ^ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impacC on the environment, but at least one effect I) has been ^ adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Stephen Betts, Senior Planner Date Reviewed by: Randy Wilson, Principal Planner Date III. ENVIRONMENTAL FACTORS POTENTIALLY AFFF,CTED: 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. ^ Butte County Department of Development Services ^ Planning Division ^ 3 Project: Russell General Plan An~a~dmcnt, t~ilc GPA 01-O1 ^ Aesthetics ^ Biological Resources ^ HazardslHazardous Materials ^ Mineral Resources ^ Public Services ^ UtilitieslService Systems ^ Agriculture Resources ^ Air Quality ^ Cultural Resources ^ GeologylSoils ^ HydrologylWatcr Quality ^ Land UsclPlanning ^ Noise ^ Population/Housing ^ Recreation ^ TransportationlTraffic ^ Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL IMPACTS: I j A brief explanation is required for ail 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 factors as well as general standards, {e.g., the project will not expose sensitive receptors to pollutants based on aproject-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 projecC-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or mare "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With 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 (-nitigation measures from Section XVII, "Earlier Analyses," 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 an earlier EIR or negative declaration. Section 15063 (e)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to ^ Butte County Department of Development Services ^ Planning Division ^ 4 Project: Rusull Gcncr:d Plan Amendment, file GP.A O1-nl Less Than Significant Potentially With Significant Mitigation Impact Incorporated LOSS Than Significant No Impact Impact applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c} Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 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 pates where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. IV. ENVIRONMENTAL IMPACTS: I. AESTHETICS. I~t~ould the project: 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 within a state scenic highway? X ^ Butte County Department of Development Services ^ Planning Division ^ 5 Project: Russell Genera Nlun Amendment File GPA {l 1-01 Less T'hat1 Significant Less Potentially With "khan Significant Mitigation Significant Impact Incorporated Impact c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area`? Response: No Impact x x This project will not affect a scenic vista nor have a demonstrable negative aesthetic effect. The site is not located along a State or County designated scenic highway. The one additional dwelling that could be built as a result of this project, if the land is subdivided, will most likely have night lighting for safety and security reasons. However, this lighting will not cause a significant impact because on]y one additional dwelling can be placed on the site. Street lights are not required as a part of this project ar of a subsequent land division on the property. Mitigation Measure: None required. 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environme-ltal effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. t~hoi~ld the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Izesources Agency, to non- agricultural use`? yt ^ Butte County Department of Development Services ^ Planning Division ^ 6 Project: Russell General Plan Amendment, Pile GPA 01-O1 I,eSS Than Significant Less Potentially With Than Significant Mitigation Significant Impact Incorporated Impact b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use`? Response: No Impact x x The project site is zoned A-5 (Agricultural, 5-acre minimum parcel size), which ailaws most agricultural uses as a right. The project has two General Flan designations: Grazing and C)pen Land {approximately 43 acres) and Agricultural-Residential (approximately 16-acres). The boundary of the Grazing and Open LandlAgricultural-Residential designations generally follows the Oroville Wyandotte Irrigation District water ditch that traverses the site. This project will change the General Plan Grazing and Open land use designation to Agricultural- Residential, and allows the. possibility for two 29+ acre parcels to be created {dote: a condition of the subsequent parcel map will prohibit further land divisions of the two 29-acre parcels}. There are four soil series types on the project site, which include Englebright, Rackerby, Rackerby Variant, and Wisheylu (ll.S. Department of Agricultural, Tahles for the Soil- Ve~~etc~ti~~a Mai, Rnck~rt~y~). These soils generally consist of loamy and clay loamy and range in thickness froth 2tJ to 50 inches in depth. The soils have a very low to medium suitability for extensive range use (note: estimates for potential suitability apply to open areas, either natural or cleared). The soils have a Soil Conservation Service Classification of VI (Butte County GIS). Class VI soils are considered to have severe limitations, but are generally adequate for grazing purposes (Butte County General Pian, Land Use Element, Table LU-4). The property is not currently used for any agricultural use and does not have a history of commercial agricultural use. There is no California Land Conservation Agreement ("Williamson Act") affecting this property, but the adjacent parcel to the west is covered by an agreement. A small number of cattle are grazed on that parcel, which contains large areas that have been cleared of trees and brush. The only agricultural use in the area is limited livestock grazing. Although not considered an agricultural use, timber harvesting is also a major land use in the project area. ^ Butte County Department of Development Services ^ Planning Division ^ 7 Projcre Russell General Plan Amendment, File GPA Ol-Ol Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact The project site is not conducive to livestock grazing due to numerous trees and extensive brush on the site. There are only a few small open areas on the site, located in the southwest portion of the property, where grasses can grow to provide forage for livestock. The proposed Agricultural-Residential land use designation allows agricultural uses as a Primary Use and agricultural uses will still be possible on the site. The change from Grazing and Open Land to Agricultural-Residential is not expected to have any significant impacts on agricultural uses. The Agricultural Element of the Butte County General Plan does not apply to land that is designated as Grazing and Open Land, The Land Use Element of the General Plan has several policies with regards to grazing lands, specifically Policy 2.2.e., which states that Grazing-Open Land category areas be retained where location and natural conditions make lands well suited for grazing land. As discussed above, the property does not appear to suitable for grazing purposes due to the extensive amounts of vegetation on the site. Changing the General Plan designation to Agricultural-Residential will not have a significant impact on the grazing potential on the site because that potential is already very limited. Grazing and other agricultural uses will still be possible on the two 29-acre parcels that may be possible as a result of this project. Mitigation It~'Ieasure: None required. 3. ATR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. W~~uld tie project: a) Conflict with or obstruct implementation of the applicable air quality plan? K 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 ^ Butte County Department of Development Services ^ Planning Division ^ 8 Prc~jecc Russell General Plan AmendnunL File GPA 01-01 Less 't'han Significant Less Potentially With "I~har~ Significant Mitigation Significant No Impact incorporated Impact Impact under an applicable federal or state ambient air quality standard {including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d) Expose sensitive receptors to substantial pollutant concentrations? K e} Create objectionable odors affecting a substantial nwnber of people? K Response: a. - d. Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated attainment if these standards are met and nonattainment if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County, and all northern Sacramento Valley Air Districts, have been designated as "moderate" nonattainment areas for the state standards for ozone (03) and fine particulate matter (PM 10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Future proposals to develop the land to the extent permitted by this project will require additional environmental review to assess the potential impacts from any proposed roads and development associated with the subdivision. Appropriate air quality control measures will be incorporated at that time. No significant air quality impacts are expected because only one new parcel may be created. e. This proposed change in residential density will not create significant objectionable odors, smoke or fumes beyond what is customary and expected from residential uses at rural densities. Mitigation Measure: None required. ^ Butte County Department of Development Services ^ Planning Division ^ 9 Pr~~jcct: Kusscll Gcncral Plan Amcndmem, hilt GP.4 01-O1 Less Than Significant Lcss Potentially With Than Significant Mitigation Significant Na Impact Incorporated Impact Impact 4. BIOLOGICAL RESOURCES. Would the project: 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 regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S, Fish and Wildlife Service? k h) 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 Department of Fish and Game or U.S. Fish and Wildlife Service? x c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ~ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X ^ Butte County Department of Development Services ^ Planning Division ^ 10 Project: Russell General Plan Amendment. File GPA 01-UI Potentially Significant 1 mpact I.,ess Than Significant Less Wllll Tllall Mitigation Significant [ncorporated Impact No Impact e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. ~ Conflict with the provisions of an adopted Habitat Conservation Plan. Natural Community Conservation Plan, or other approved local, regional, or state habitat canservatipn plan? Response.: x x Vegetation on the site consists of many pines, cedars, firs, scattered oaks, and extensive brush. The site has undergone timber harvesting. The project is not in an area that is known to support threatened, rare, or endangered plant or animal species (Butte County Master Environmental Assessment, Figure BIO-2). The site does not contain any significant natural watercourses. The entire project site is within deer herd critical winter habitat for the Mooretown deer herd (Butte County Deer Herd GIS coverage). The California Department of Fish and Game recommends a minimum parcel size of 40 acres for parcels located within deer herd critical winter habitat in order to help prevent impacts to the deer. This project may lead to the creation of two 29+ acre parcels, which are less than the minimum parcel size recommended by the Department of Fish and Game. The Department of Fish and Game reviewed this project and has no objections provided that the applicant place deed restrictions an the property that requires mitigations designed to reduce impacts to the wintering deer herd (see the attached Department of Fish and Game letter). These mitigations will include a restriction on further land divisions of the two 29-acre parcels and a restriction where structures can be placed. The Department of Fish and Game will review and approve of the deed restriction at the time of application for a land division on the property to create the two 29+ acre parcels. Additional mitigations will be placed on a land division on the project site that require fences in non-residential areas meet specific criteria in order to prevent a barrier to deer movements on the property and that deer impact fees be collected. ^ Butte County Department of Development Services ^ Planning Division ^ 11 Pr~ijecc Russell General Plan Amendment, File GNA 01-01 LESS Than Signifiamt Potentially With Significant Mitigation Impact Incorporated t.ess Than Significant 1~`0 Impact Impact Because the General flan Amendment in anti of itself will not cause any environmental impacts, no mitigations are recommended for project approval It is not recommended that Fish and Game Filing fees be required, and a de minimus impact finding shall be made with respect to the project's impact on fish and wildlife. This finding may not be applicable to a future land division on the site if significant impacts to fish and wildlife resources are indicated. Mitigation Measure: None required. 5. CULTURAL RESOURCES. Woatld t/re project: 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? K 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 Response: a. - d. According to Butte County constraints mapping, the project site is located in an area considered to have a low to medium archeological sensitivity. This mapping is general in nature and basis the probability of archeological significance on the physical characteristics and history of different areas of the County. According to the Northwest Information Center, several historic and prehistoric sites have been recorded in the project area. An archaeological survey conducted on the site for a timber harvest plan identified the OWID water ditch that traverses the property as a historical resource. The OWID ditch, known historically as the Qrovilie-Wyandotte ^ Butte County Department of Development Services ^ Planning Division ^ 12 Project: Russell Generd Plan Amendment, File GPA O1-01 I.CSSChan JlgnltlCan[ Potentially With Significant Mitigation Impact Incorporated t.E'.tiS ~t~h2U1 Significant No Impact Impact Canal, was initially constructed in 1853 and provided water for mining operations. The OWID ditch is still in use, and supplies irrigation water. This General Plan Amendment in and of itself will not cause impacts to any cultural resources that may be located on the site, but will allow for a tentative parcel map to create two 29+ acre parcels, one of which could be developed with a dwelling unit, An archaeological survey, which will identify historic or prehistoric resources, may be required at the time of application for a parcel map on the site, Mitigation Measure: None required. 6. GEOLOGY ANll SOILS. Woula' the project: a} Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: K 1) Rupture of a known earth- quake fault, as delineated on the most recent Aiquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other sub- stantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 1t 2) Strong seismic ground Shaking? K 3} Seismic-related ground failure, including liquefaction? X 4) Landslides`? X ^ Butte County Department of Development Services ^ Planning Division ^ 13 PriajecC Russell General Plun Amendment, File GPA Ol-Ol Potentially Significant i ~,~nact b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and 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 sub- stantial 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 water? _ Response: x x x x a.l. The Seismic Safety Element indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The closest mapped Fault-Rupture Zone is the Cleveland Hills Fault line which is located approximately 3.75 miles to the west. No impacts are anticipated as a result of fault rupture and no seismic related requirements are necessary. a,2. The intensity of ground shaking at any specific site depends on the characteristics of the earthquake, the distance from the earthquake, and on the local geologic soils and conditions. At present, there is insufficient data to predict accurately the expected ground motions at various locations in Butte County. a.3. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a moderate potential for liquefaction. No impact is anticipated. ^ Butte County Department of Development Services ^ Planning Division ^ Less Than Significant less ~~ith Than Mitigation Significant No Incor~~oratcd Impact Impact 14 Project: Russell General Plan Amendment, File C;PA (fl-Ol Less 'T'han Significant Less Potentially With 't'han Significant Mitigation Significant No Impact lncorpoiated Impact Impact a.4. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a low to moderate potential for landslides in this area. No impact is anticipated. The Subsidence and Landslide Potential Map also indicates that the property is not located in an area subject to subsidence. No impact is anticipated. b. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that the soils on the site have a high erosion potential. Due to the low density of development associated with a subsequent parcel map allowed by this General Plan Amendment, no significant impacts are anticipated. If soil erosion appears to be a problem, those impacts will be addressed at the time of parcel map application. c. No impact is anticipated from instability, landslide, lateral spreading, subsidence, liquefaction or collapse. d. The Conservation Element's Expansive Soils Map indicates that the project site has a low expansive soil potential. No impact is anticipated. e. The Butte County Environmental Health Department indicates that the project is located in an area where soils are adequate for on-site sewage disposal. Mitigation Measure: None required. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the pr~nject: a) Create a significant hazard to the public or the environment through the routine transport use, or disposal of hazardous materials? k b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and ^ Butte County Department of Development Services ^ Planning Division ^ 15 Project: Russell General Plan Amendmm~t, File GPA 01-01 Potentially Significant Impact Less "i'han Significant Less With 't'han Mitigation Significant lncorporatcd Impact No 1 mpact accident conditions involving the release of hazardous materials into the environment'? _ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-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 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 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 working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan`? ^ Butte County Department of Development Services ^ Planning Division ^ x x K x x x 16 Project: Kussdl General Pltui Amendment, File GPA Ol-Ol Potentially Significant impact Less "Phan Significant Less With Than Mitigation Significant Incorporated Impact No 1 mpact h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands'? _ Response: Y a. - g, The project will not interfere with any airport or emergency response plan nor is located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. h. The proposed General Plan Amendment may result in a land division that would allow one additional homesite. This new homesite represents an incremental increase in the need for fire protection services. The Butte County Fire Department/Caiifornia Department of Forestry indicates that this individual General Plan AmendmenC has no impact on the Fire Department, but the cumulative affect of the General Plan Amendment and higher density results in an incremental increase in demand for fire protection services. A future land division permitted by the General Plan Amendment will require additional environmental review which may result in mitigation measureslconditions requiring fire sprinkler systems, water availability requirements and the application of fire safety standards found in Public Resources Code 4290 (Fire Safe Regulations). Mitigation Measure: None required. 8. HYDROLOGY AND WATER QUALITY. Would t1-e project: a} Violate any water quality standards or waste discharge requirements`? K b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer voiurne ^ Butte County Department of Development Services ^ Planning Division ^ 17 Project: Russell Generil Plan Amendment, File GPA {)1-oI Potentially Significant Impact or a lowering of the local groundwater table level (e.g., the production rate of pre- existing 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 substantial erosion or siltation on- or off-site`? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site`? ej 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 runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 10~-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Less 'T'han Significant Less With 'Than Mitigation Significant Incorporated hl~pact ^ Butte County Department of Development Services ^ Planning Division ^ No Impact x x x x x x 18 Project: Russell General Plan Amendnrent, file GPA 01-OI Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 result of the failure of a levee or dam? X j) Inundation by seiche, tsunami, or mudflow? K Res~x~~tse: a. - f. Future proposals to develop the land to permitted by the General Plan Amendment will require additional project-specific environmental review to assess the potential impacts to water quality, drainage and groundwater withdrawal. It is not anticipated that development of one additional parcel proposed will have an impact on water flows off-site. The 29-acre parcels that may be proposed are large enough to accommodate retention of run-off generated by development of one single family dwelling. b. Water supply for the one additional parcel permitted by the General Plan Amendment will he provided by an on-site well. No impact is anticipated. g. - i. The property is shown to be outside the area of the 500-year flood according to Flood Insurance Rate Map Panel # Of~00~C-1 OSOC, dated June 8, 1999. No impact shall he incurred with respect to flooding. j. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact shall be incurred with respect to these natural hazards. Mitigation Itileasure: None required. ^ Butte County Department of Development Services ^ Planning Division ^ 19 ProjecC Russell Gcncral Plan AnundmenL }~ilc GPA Ol-Ol Potentially Significant 1 mpact Less Than Significant Less With 'Than Mitigation Significant Incorporated Irnpact No Impact 9. LAND USE AND PLANNING. Wnuld tJic~ ~aroject? a) Physically divide an established community? b} Conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c} Conflict with any applicable habitat conservation plan or natural community conservation plan? Res~~onsc~: K x x The project will not physically divide an established community. No impact shall be incurred. b. This project does not conflict with any of the Grazing and Open Land polices of the Land Use Element of the Butte County General Plan. These policies were adopted by Butte County in order to prevent the loss of agricultural land within the County. Loss of agricultural land to development is considered an environmental impact and is discussed under Initial Study Checklist Item 2, Agricultural Resources. Surrounding parcels are zoned A-5 or TPZ-160 (Timber Preserve Zone, 160-acre minimum parcel size) and have a General Plan land use designation of Agricultural- Residential or Grazing and Open Land. Surrounding and nearby parcels range in size from 16-acres to 167-acres. The predominant land uses in the project area are dwellings at rural densities, timber harvesting, and scattered animal keeping. ^ Butte County Department of Development Services ^ Planning Division ^ 20 Project: Russell General Plan Amcndmcnt, Pile GPA Ol-O1 Less 'T'han SIgilltiCant ~,CSS Potentially With "Phan Significant Mitigation Significant No Impact incorporated [mpact Impact Of the 101 parcels that are located within one mile of the project site, 33°l0 of the parcels are less than five acres in size, 30°lo are five to ten acres, 16~1o are ten to twenty acres, 8% are twenty to forty acres, 7~1o are forty to eighty acres, and 7°Io are greater than 100-acres in size. The sizes of the parcels that may be created as a result of this project are consistent with other parcels found in the area. Three of the six parcels surrounding the site could be subdivided, but only to a 40-acre parcel size due to the deer herd habitat, unless approved by the Department of Fish and Game for a smaller parcel size. e. The proposal will not eonf7ict with any applicable habitat conservation plan or natural community conservation plan. Miti~tion Measure: Itlone required. 1U. MINERAI. RESOURCES. Would t11e ~~roject: a} Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? ~ Respof~se: a. - b. The property is not known to contain any important mineral resources of value to the region. A future land division on the site, which may create two 29+ acre parcels, will not significantly interfere with any future mineral excavations on the site. No impact shall be incurred. Mitigation Measure: None required. ^ Butte County Department of I~eveiopment Services ^ Planning Division ^ 21 Project: Russell General Plan Amendment, File GPA OI-OC Less "hhan Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 11. NOISE. ~~Vould 1{te project r~esu(t ~~t: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? k b} Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels: X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? K e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two Holes of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? K f} For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X ^ Butte County Department of Development Services ^ Planning Division ^ 22 Project: Russell Gencrd Plan Amendment, File GPA 01-01 Less Than Significant [.ess Potentially With Than Significant Miligadon Significant No Impact Incorporated [mpact Impact Kc~spo~rse: a. - d. The project site is located in an area of rural residential uses away from customary sources of significant noise. This General Plan Amendment project will not cause an increase in noise or expose people to severe noise levels. A subsequent land division as a result of this General Plan Amendment will result in an increase in noise created on the project site and on the adjacent parcels. Construction noise will be the first new source added to the site that could influence nearby residents. Sources could include heavy equipment, power saws arld hammering and can be significant, especially during noise sensitive hours. Construction activities would temporarily generate high noise levels on and adjacent to the project site intermittently during project development activities. This construction noise, especially grading equipment, will not have a significant impact on nearby residents because the noise will be intermittent and short-term in nature. Mitigation Measure: None Required. 12. POPULATION AND HOUSING. Wnntct'the ~r-oject: 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 roads or other infrastructure)? K b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ~ c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? K ^ Butte County Department of Development Services ^ Planning Division ^ 23 Project: Russell Cicnerd Plan Amendment, Pile GPA 01-(il Less 't'han Significant. 1_css Potentially With "than Significant Mitigation Significant No Impact Incorporated Impact Impact Kes~nnse: ~-. The proposed General Plan Amendment may result in a land division that would allow one additional homesite on a 29-acre parcel. The subsequent land division has the potential to add an estimated three people to Butte County (one dwelling unit x 2.6 persons/dwelling unit). This is not considered a significant amount and is consistent with the estimated growth rate for the County of about 2°lo per year. b. - c. The. project will not displace individuals or housing, If the land is subdivided additional housing could be developed. No impact shall be incurred. Mitigation Measure: None required. 13. PUBLIC SERVICES. 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 could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? K b) Fire protection? K c) Police. Protection? X d) Schools? K e) Parks? % t~ Other public services? 1t ^ Butte County Department of Development Services ^ Planning Division ^ 24 Project: Russell General Plan Amendment, Filc GPA OI -01 Potentially Significant Impact Ke.l~porise: 11~'s$ Than Significant Less With Than Mitigation Significant No ]ncorporated Impact Impact a. The proposed General Flan Amendment may result in a land division that would allow for one additional homesite. Although this presents an incremental contribution to the impact on area services, it is not considered significant enough to warrant specific mitigation. b. The proposed General Flan Amendment may result in a land division that would allow one additional homesite. The new homesite represents an incremental increase in the need for tyre protection services. The Butte County Fire DepartmentlCalifornia Department of Forestry indicates that this individual General Plan Amendment has no impact on the Fire Department, but the cumulative affecC of the General Plan Amendment and higher density results in an incremental increase in demand for fire protection services. A future land division permitted by the Genera] Plan Amendment will require additional environmental review which may result in mitigation measures/conditions requiring fire sprinkler systems, water availability requirements and the application of fire safety standards found in Public Resources Code 4290 (Fire Safe Regulations). c. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. Sheriffs facilities will be collected at the time of building permit issuance to offset the cost of proving sheriff services to the new dwelling unit on the project site. d. The proposed General Plan Amendment may result in a land division that would allow one additional homesite, which represents an incremental increase in the demand far school services in the area. New development is subject to payment of school fees that are collected prior to issuance of building permits. This will be a condition of a future land division on the site. e. - f. The proposed General Plan Amendment may result in a land division that would allow one additional dwelling unit in addition to the one existing dwelling, This may represent an incremental increase in the demand for maintenance of roads and other public facilities in the area as well as area parks. This is not considered significant due to the small number of potential additional residents. Mitigation Measure: None required. ^ Butte County Department of Development Services ^ Planning Division ^ 25 Project: Russell General Plan Amendment. [~ile GPA 01-01 Potentially Significant Impact 14. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?_ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: Less "Phan Significant Less With Than Mitigation Significant Incorporated Impact No Impact x x a. - b. The project will allow for the eventual improvement of one new building site in addition to the one existing building site. The impact on area recreation facilities will be assessed upon review of a subsequent subdivision proposal. However, due to the limited extent of development, no impact is anticipated, Mitigation Measure: None required. 15. TRANSPORTATIONITRAFFIC. Would tlac~ project: 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 vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? X ^ Butte County Department of Development Services ^ Punning Division ^ 26 Pre~ject: Russell General Plan Aincndinenl, File GPf~ Ol-(11 Potentially Significant [mpact Less Than Significant [_css With Than Mitigation Significant [ncorporatcd Impact No Impact b) Exceed, either individually or cumula- tively, alevel of service stat~darc~ established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ~ Result in inadequate parking capacity? g) Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Res~~nse: x x K x x x a. - g. The property is served by Black Bart Road, a minor county road. Black Bart Road is a loop road that connects to Forbestown Road at two different locations. The proposed General Plan Amendment may contribute additional traffic-related impacts. However, it is not anticipated that the one additional building site allowed by subdivision of this site will generate any significant traffic impact. A specific environmental review shall be conducted regarding the improvements necessary to private and public area roads upon review of any future land division. However, no impact is anticipated. ^ Butte County Department of Development Services ^ Planning Division ^ 27 Project: Russell General Plan Amendment, t~ilc (;PA 01-OI Potentially Significant Impact Less Than Significant t.ess With Than Mitigation Significant Incorporated Impact No hnpact Mitigation Measure: None required. 16. UTILITIES AND SERVICE SYSTEMS. Would tite j~r~~ ject: a) Exceed wastewater treatment requirements of the 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 environmental effects'? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmettal e.fl~ects? d} Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? _ x x x x x ^ Butte County Department of Development Services ^ Planning Division ^ 28 P%jecc Russell General Plan Amendment Fiic GPA 01-n1 Less Than Significant Less Potentially With Than Significant Mitigation Significant Impact Incorporated Impact g) Comply with federal, state, and local statutes and regulations related to solid waste? Rest«t1,ti~e: No Impact x a. - g. The General Plan Amendment proposal will provide for the potential of one additional homesite. Na impact in these areas shall be incurred as a result of General Plan Amendment approval. A project specific environmental review will be necessary when a land division is submitted for review. Additional mitigations may be necessary at that time to address any significant impacts to these areas. Mitigation Measure: None req~~ired. 17. MANllATORY FINllINGS OF SIGNIFICANCE. a} Does the project have the 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- s~istaining levels, threaten to eliminate a plant or animal community, reduce the number or restricC the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively consider- able" means that the incremental effects of a project are considerable when viewed in connection with the effects of past x ^ Butte County Department of Development Services ^ Planning Division ^ 29 Project: Russell General Plan Anxndment. File GP.A 01-O1 projects, the effects of other current projects, and the effects of probable future prajects)? x c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X ResRonse: a. and d. The proposed General Plan Amendment will not degrade the environment, or have environmental effects which will cause substantial adverse effects on human beings. b. The project does not have impacts that are individually ]united, but cumulatively considerable. V. MITIGATION MEASURES AND MONITORING REQUIRF,MENTS: None DATA SHEET A. Project Description L Type of Projeet: General Pian Amendment. 2, Proposed Density of Development: 59+ acres. 3. Amount of Impervious Surfacing: One additional single family dwelling and accessory structures. 4. Access and Nearest Public Road: Private driveway to Black Bart Road. 5. Method of Sewage Disposal: On-site septic systems. 6. Source of Water Supply: On-site wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: The General Plan Amendment proposes twa 29-acre parcels, which will allow for one additional dwelling. B. Environmental Settintr 1. Terrain a General Topographic Character: Mountainous. b. Slopes: Site average of 22%. Some slopes of 50%. ^ Butte County Department of Development Services ^ Planning Division ^ 30 Project: Russell General Plan Amendment, File GPA 01-O1 c. Elevation: 2,340 feet above sea level in the southwest portion of the site to a high of 2,740 feet above se.a level on the northeast portion. d. Limiting Factors: Steep slopes. 2. Soils a. Types and Characteristics: Englebright, Rackerby, Rackerby Variant, and Wisheylu soil series. These soils generally consist of foams and clay foams and range in thickness from 20 to 50 inches in depth. b. Limiting Factors: Very high soil erosion potential. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Very high. c. Landslide Potential: Low to moderate. d. Fire Hazard; Very high. e. Expansive Soil Potential: Low. 4. Hydrology a. Surface Water: OWID water ditch, headwaters of Negro Creek. b. Ground Water: Unknown, potentially limited. c. Drainage Characteristics: Generally to the southwest. d. Annual Rainfall (normal): 50-55 inches per year. e. Limiting Factors: None. 5. VisuallScenic Quality: Good. h. Acoustic Quality: Good. 7. Air Quality: Good. 8. Vegetation: Pines, cedars, firs, oaks, brush, grasses in open areas. 9. Wildlife Habitat: Deer, turkeys, quail, rabbits, mountain lions, coyotes. 10. Archaeological and Historical Resources in the area: Low to medium sensitivity area. OWID is a historical resource. 11. Butte County General Plan designation: Grazing and Open Land and Agricultural- Residential. 12. Existing Zoning: A-5 (Agricultural, 5-acre minimum parcel size}. 13, Existing Land Use on-site; Single family dwelling, accessory structures, septic system, well, OWID water ditch. 14. Surrounding Area: a. Land Uses: Rural residential, timber harvesting, limited grazing. b. Zoning: North: A-5, TPZ-1b0. c. General Pian Designation: Agricultural Residential, Orchard and Field Crops. d. Parcel Sizes: 10 to 16? acres. l5. Character of Site and Area: Mountain timber area with rural residential uses. IC. Nearest Urban Area: City of Oroville, 12 miles to the west. 17. Relevant Spheres of Influence: None, 1$. Improvement Standards Urban Area: None. 19. Fire Protection Service: ^ Butte County Department of Development Services ^ Planning Division ^ 31 Project: Russell General Plan Amendment, File GPA Oldll a. Nearest County (State) Fire Station: Station number 54 approximately 2.9 miles away in Robinson Mills. b. Water Availability: Fire tankers, OWID water ditch. 20. Schools: Oroville Unified School District, Oroville Elementary School District. ENVIRONMENTAL REFERENCE MATERIAL i. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, ]977. 2. Butte County Planning Department. Liquefaction Potential Map I 1-2 Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. ~. Butte County Planning Department. Subsidence and Landslide Potential Map I 1 l-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 1 I 1-2, Safety Element. Oraviile, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Ex~anSive Solis Map 1 11-3 Safety Element. ©roville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1 Scenic Hi~hway Element. Oroville, CA: CH2M Hili, 1977. 7. Butte County Planning Department. Scenic Highways M~ V-1 Scenic Highway Element. Oroville, CA: CH2M Hiil, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CB2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 1 1. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow We11s. The Resources Agency, State of California, 1983. l 2. Butte County Board of Supervisors. Agricultural Preserves Map established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. l3. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map 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 Man.. Butte County Fire Department and California Department of Forestry, 1989. KaVLANh`INGIPROJEC"IS\GPAIRUSSELL.GPA\RUSSLLL.IS ^ Butte County Department of Development Services ^ Planning Division ^ 32 Project: Mooretown Rancheria General Plan Amendment and Rezone 99-03 EXHIBIT B-2 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL, IMPACTS I. BACKGROUND: Name of Proponent: Shirley Prusia, Mooretown Rancheria ?. Address: 1 Alverda Drive Oroville CA 95966 Phone: 530-533-3680 3. Name of Proposal: Mooretown Rancheria General Plan Amendment and Rezone (GPAIRZ 99-031 4. Type of Project: General Plan Amendment and Rezone S. Project Description: General Plan Amendment from Low Density Residential to Commercial and Rezone from A-R (Agricultural Residential) to G 1 {Light Co-nmercial) for 5.48 acres located on a 38.E~2-acre parcel. The applicant has intentions to develop a parking lot with 300 parking spaces to be used in conjunction with the Feather Falls Casino. The parking lot will be paved with 2-inches of asphalt concrete, and will include a stormwater detention basin for management of storm water run-off. The proposed C-1 zone will be limited to the construction of the parking lot through the use of a Conditional Zoning Agreement. The applicant has provided additional information, which indicates that the existing concert facility at the Feather Falls Casino exceeds parking availability during concert events. The concert facility provides seating for+/-1000. The current parking lot provides 315 standard and handicap parking spaces. When this parking lot becomes full, concert patrons park in unauthorized areas. The proposed new parking lot wvill provide 300 additional parking spaces and h bus spaces to alleviate parking demands during concert events. More recently, the Mooretown Rancheria disclosed plans to enlarge the existing casino into the existing casino parking lot. This would displace existing parking spaces, and increase demand for parking. The expansion will take place over the period of one-year. h. Location of project: The property is located south of and adjacent to Alverda Drive, approximately 2000 feet east of Lower Wyandotte Road and 200 feet west of Lorene Court, opposite the Feather Falls Casino and Mooretown Rancheria, in the south Oroville area. 7. Setting: The site is undeveloped, although a dwelling, well, septic system, workshop and pond are present in other locations on the property. The Oroviile-Wyandotte Irrigation District (OWID) ditch is shown to course through the proposed parking lot. However, according to OWID, this ditch has been abandoned. Area soil consists of the Redding • Butte County Department of Development Services Planning Division • Project: Mooreurwn Rancheria General Plan Amendment and Rezone 99-03 gravelly sandy loam series, which is described as having low agricultural value, but does provide some value as grazing land. Site drainage is primarily to the south. The federally recognized Mooretown Rancheria is adjacent from this site to the north. The Mooretown Rancheria includes a 50 lot residential subdivision, tribal administration building and the Feather Falls Casino. Access is provided by Alverda Drive, from which two driveway locations will serve the proposed parking lot. Alverda Drive is a private road, serving the Mooretown Rancheria. 6. Assessor's Parcel Numbers: 036-310-162 7. Date Checklist Submitted: August 2, 2000 8. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Regional Water Quality Control Board, Department of Public Works. 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 a NEGATIVE DECLARATION will be prepared. k I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ^ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ^ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ^ I find that although the proposed project could have a significant effect on the environment, because ail 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. • Butte County Department of Development Services Planning Division • 2 Project: Mooretown Rancheria General Plus Amendment and Rezone 99-03 Prepared by: Daniel C. Breedon, Senior Planner Date Reviewed by: Randy Wilson, Principal 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. it Aesthetics Agriculture Resources 1t Air Quality • Biological resources Cultural Resources GeolagylSoils • HazardsJHacardous Materials !t HydrologylWater Quality Land tJselPlanning • Mineral Resources Noise Population VHousing • Public Services Recreation TrunsportationlTraf~fic • Utilities/Service Systems Mandatory Findings ol~Significance EVALUATION OF ENVIRONMENTAL IMPACTS: l) R 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 factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on aproject-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. • Butte County Department of Development Services Planning Division • 3 PrujecC Mu~>retown Rancheria General Plan Amendment and Rcume 99-U3 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentiafly significant, less than signif-scant with mitigation, ar less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4} "Negative Declaration: Less Than Significant With 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 -neasures from Section XVII, "Earlier Analyses," 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 an earlier EIR or negative declaration. Section i50b3 (c}(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c} Mitigation Measures: For effects that arc "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. h} Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (c.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. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. • Butte County Department of Development Services Planning Division • 4 ProjecC Mouretown Rancheria General Plun Amendmcnl and Rezone 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact IV. FNVIRONMF,NTAL IMPACTS: 1. AESTHETICS. Would the pr~ojecr: a) Have a substantial adverse effect on a scenic vista? 1t b) Substantially damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings 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 area? 1t Res~or~sc: The site is not located along a State or County designated scenic highway. The proposed parking lot will include lighting for security and safety reasons. Ail external lighting shall be directed downward and be contained within the parking lot boundaries. This is recommended as a project mitigation measure. The proposed 5-acre parking lot will create significant light and glare and substantially degrade the existing visual character and quality of the site and its surroundings. Landscaping treatment is recommended to help soften the visual impact of the paved area, and reduce heat gain from the paved surface. Landscaping treatment is recommended as a project mitigation measure. Mitigation Measure #I • Butte County Department of Development Services Planning Division • 5 Project: MOOreU)4Vi1 Runchcria General Klan Amendment and Rerone 99-03 Potentially Significant Impact Less Than Significant less With Than Mitigation Significant No Incorporated Impact Impact In order to reduce the impact of light and glare on surrounding properties, all external lighting shall be directed downward and shall be contained within the parking lot boundaries. Mitigation Measure #2 In order to soften the visual impact of the paved area, and to reduce heat gain on the paved surface, the applicant shall provide a Landscaping Plan, conforming to the below list of requirements. This mitigation shall be incorporated by ret-erence into the Conditional Zoning Agreement: In accordance with Butte County Code Section 24-240.10 (e), a total of 5 percent of the gross parking lot area (11,935 square feet) shall be devoted to landscaping. Each planter area shall be surrounded with asix-inch raised concrete curbing, or equivalent. The parking lot shall be planted with trees of not less than 15 gallon size to reduce heat Bain from the paved surface and to soften the visual impact of the paved area. Trees shall be planted and maintained in planters or landscaped areas so that at tree maturity, 15 years, at least 50 percent of the total paving area, not including driveway entrances, shall be shaded as determined by a qualified arborist or landscape architect. An irrigation system shall be installed in each separate planter and landscaped area. 4. The landscape and irrigation plan, consistent with the landscaping requirements and project site plan, shall be submitted to and approved by the Planning Division prior to grading, site development and issuance of any associated building permits. 5. All landscaped areas shall be maintained in a healthy and thriving conditions, free from weeds, trash, and debris, during the term of this permit. 2. AGRICULTURE RES!fJURCES: In determining whether impacts to agricultural resources are significant em~ironmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department. of Conservation as an optional model to use in assessing impacts on agriculture and farmland . Wo~cld the pr~~ject.~ • Butte County Department of Development Services Planning Division • 6 Ymjecl: Muureu~wn Ranchcria General Plan rlnundment rind Reiune 99-03 Potentially Significant Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? _ Response: No Impact x x The property is not considered prime agricultural land, and is not under a Williamson Act Contract. Soil information indicates that the property provides marginal grazing land. No impact shall be incurred to agricultural resources. IVlitigation: None required. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the follotiving determinations. W~urlt~ the p~•oject: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 1t c) Result in a cumulatively considerable • Butte County Department of Development Services Planning Division • Less Than Significant Less With Than Mitigation Significant Incorporated Impact x x 7 ProjecC Monrctown Rnncheria General Plan Amendment and Rezone 99-(~3 Potentially Significant Impact Less Than Significant Less With Than Mitigation Significant Incorporated Impact No Impact net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors}? d)Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? _ ReSIJOCISe: x x a. - d. Future proposals must also consider the standards as set forth by both the California Air Resources Board and the Environmental Protection Agency. These standards have been established to protect human health and welfare. Counties are designated in attainment if the standards are met and in nonattainment if they are not met. Butte County, and all Northern Sacramento Valley Air Districts, have been designated as being "moderate" nonattainment areas for the State standards for ozone and fine particulate matter defined as smaller than 10 microns (Particulate Matter 10, or "PM10"}. Currently, Butte County is in attainment for all the federal air quality standards which are less stringent than the State of California standards. The Air Quality Management District (AQMD) reviewed the request for this General Plan Amendment and recommends incorporating measures necessary to control fugitive dust emissions from a]1 road and other construction activities during project improvements. Measures may include site and driveway watering and/or use of other acceptable soil palliatives. AQMD's requirements are recommended as project mitigations. e. This proposal will not create significant objectionable odors, smoke or fumes. Mitigation Measure #3 In order to avoid fugitive dust conditions, the applicant shall ensure that all road and other construction activities taking place during site development are sufficiently watered and/or • Butte County Department of Development Services Planning Division • x 8 Projece Moorcu7wn Rancheria General Plan Amendment and Rezone 99-03 Potentially Significant Impact Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact treated with a soil palliative. These measures will be carried out to the satisfaction of the Butte County Air Quality Management District. 4. BIOLOGICAL RESOURCES. Wot~lcl t1tE~ prf~ject; 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 regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service? X 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 Department of Fish and Game or US Fish and Wildlife Service? 1t c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? x d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery • Butte County Department of Development Services Planning Division • 9 Project: Mooretown Ranchcria General Plan Amendment and Rezone 99-03 Potentially Significant Impact sites°~ e) Conflict with arty local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. f} Conflict with the provisions of an adopted Habitat Conservation Plan. Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan`? Response: x x x a. 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 "de minimus" impact finding is recommended with regard to the project's impact an fish, wildlife or their habitat. The project is not known to be inhabited or provide habitat for any rare, endangered or sensitive plant or animal species. Fish and Game fees pursuant Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711,4, are not recommended to be collected. b. The project will not have a substantial adverse effect on any riparian habitat or other sensitive natural community identitied in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service. c. The project will not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.} through direct removal, filling, hydrological interruption, or other means. d. The project will not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. • Butte County Department of Development Services Planning Division • Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact 10 ProjecC Muoretuwn Runchcriu General Plan Amendment and Rezone 99-03 Potentially Significant Impact Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact e. The project will not conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. f. The project will not conflict with the provisions of an adopted Habitat Conservation Plan. Natural Community Conservation Plan, or other approved local, --egional, or state habitat conservation plan. Mitigation: None required. 5. CULTURAL RESOURCES. 6~narld the project; a) Cause a substantial adverse change in the significance of a historical resource as defined in y 150(4.5`? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to~~' 15064.5'? K c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 1t d) Disturb any human remains, including those inte--red outside of formal ce-ncteries? K Response: According to Butte County constraints mapping, the project site is located in an area considered to have a low archeological sensitivity. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. This mapping is general in nature and basis Che probability of archeological significance on the physical characteristics and history of different areas of the County. There is still the potential that underlying archaeological resources may be disturbed during the project's development. However, the site's low archeological significance, does not warrant any specific mitigation. fi. GEOLOGY AND SOILS. Woa~td t{-e project.• • Butte County Department of Development Services Planning Division • 11 Project: Muoretuwn Rancheria General Plan Amendnunt and Rezone 99-(l, Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: K 1 } Rupture of a known earth- quake fault, as delineated an the most recent Alquist-priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other sub- stantial evidence of a know fault? Refer to Division of Mines and Geology Special Publication 42. 1t 2) Strong seismic ground Shaking? K 3) Seismic-related ground failure, including liquefaction? X 4) Landslides? ~t b) Result in substantial soil erosion or the loss of topsoil? K c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or offs-site landslide, lateral spreading, subsidence, liquefaction or collapse? ~t d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating sub- • Butte County Department of Development Services Planning Division • 12 NmjecC Muoretown Ranchcrin f icnerd Plan .4mcndnunt and Rezone 99-03 Potentially Significant Impact stantial 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 water? _ Response: Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact Y x a.l, The Seismic Safety Element indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The closest mapped Fault-Rupture Zone is the Cleveland Hills Fault line which is located approximately 2 miles to the east. No impacts are anticipated as a result of fault rupture and no seismic related requirements are necessary. a.2. This site is shown to be located approximately 2 miles north of the epicenter of the Oroville earthquake, which occurred in 1975. The site is also shown to be within the. Oroville After-shock Epicenter Region. The intensity of ground shaking at any specific site depends on the characteristics of the earthquake, the distance from the earthquake, arld on the local geologic soils and conditions. At present, there is insufficient data to predict accurately the expected ground motions at various locations in Butte County. a.3. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction. No impact is anticipated. a.4. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is no potential for landslides in this area. No Impact is anticipated. b. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that there is high erosion potential at this site. Mitination Measures #5 and 6 are recommended to reduce potential erosion impact to levels not considered significant. c. No impact is anticipated from instability, landslide, lateral spreading, subsidence, liquefaction or collapse. • Butte County Department of Development Services Planning Division • 13 Projecu Mouretown Rancheriu General Plan Amendment and Rcznne 99-Q3 Potentially Significant Impact Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact d. The Conservation Element's Expansive Soils Map indicates that the project site has a low expansive soil designation. No impact is anticipated. e. The Butte County Environmental Health Department indicates that the project is located in an area where soils are very shallow and contain a large fraction of clay underlain with a water impermeable clay hardpan. The soils are not well-suited for development of on-site sewage. disposal systems. This project is limited to construction of a parking lot and no on-site sewage disposal is proposed. 7. HAZARDS AND HAZARDOUS MATERIALS. W~utld t{u~ pr~~ject: a) Create a significant hazard to the public or the environment through the routine transport use, or disposal of hazardous materials? X bj Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions im~olving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed schools`? X d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? K e) For a project located within an airport land use plan or, where such a plan has not • Butte County Department of Development Services Planning Division • 14 Project: Moorctown Rancheria General Plan Amendment and Rezone 99-Q3 Potentially Significant Impact been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?_ f) For a project within the vicinity of a private airstrip, would the project result in a safety 1lazard for people residing or working in the project area? g) impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan'? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wiidlands are adjacent to urbanized areas or where residences are intermixed with wildlands'? Response: Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact x x x a. - g. The project will not interfere with any airport or emergency response plan nor is located on a site that is included on a list of hazardous rT~aterials sites compiled pursuant to Government Code Section 659h2.5, h. Although the General Plan classifies the fire hazard in this area as extreme, the construction of the parking lot should not contribute to a situation that results in significant loss, injury or death involving wildland fires. The parking area should enhance area traffic circulation, and provides a safer area for patrons of the Casino. The parking area is correcting a situation where patrons illegally park in adjacent fields and roadsides. The parking area will alleviate this problem and may help to avoid the fire risk associated with parking over dry plant material and roadside brush. The project application was reviewed for wildland fire impacts by the Butte County Fire Department. The Fire Department had no conditions provided the parking lat is restricted to parking only. This limitation will be required through a Conditional • Butte County Department of Development Services Planning Division • 15 Project. Muoreiown Ranchcria General Plan Amendnunt and Rcume 99-03 Potentially Significant Impact Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact Zoning Agreement. No impact to residences shall be incurred as no residences are proposed under this proposal, Mitigation: None required. S. HYllROLOGY AND WATER QUALITY. Would ttae ~rojert: a) Violate any water quality standards or waste discharge require-nents? 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 pre- existing 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 o-- river, in a manner which would result in substantial erosion or siltation on- or off-site`? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would resulC in flooding on- o-- off-site? e) Create or contribute runoff water which would exceed the capacity of existing or • Butte County Department of Development Services Planning Division • x x x 16 Project: Mooretown Kanchcria General Plan Amendment and Rezone 94-(73 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f) Otherwise substantially degrade water quality`? K g) Place housing within a 100-year Hood hazard area as mapped on a federal Flood Hazard Boundary or Flood insurance Rate Map or other Hood hazard delineation map`? x h) Place within a 100-year flood hazard area structures which would impede ar redirect flood flaws? )t I) Expose people or structures to a significant risk or loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? K j) Inundation by seiche, tsunami, or mudflow? X Res~~rtse: a. The project does not involve a use that will have the potential to violate any water quality standards or waste discharge requirements. No impact shall be incurred. b. The project does not involve a use tht will 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. No impact shall be incurred. e.-f. The project includes the development of a stormwater detention pond to accept additional runoff from the parking lot, In the interim, staff recommends that erosion control be implemented on all cuts and fills greater than 2-feet in height, due to the • Butte County Department of Development Services Planning Division • 17 Project: Muoretown Runcheriu General Plan Amendment and Rczone 99-(ii Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact erosive nature of the soil This will be accomplished with a native grass seed mix or hydroseed application. This is recommended as a project mitigation measure. Prior to site development and issuance of any building permits a permanent solution for drainage shall he submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. This requirement is recommended as a project mitigation measure. g. - I. The property is shown to be outside the area of the 500-year flood according to Flood Insurance Rate Map Panel #06007C0985C, dated June ~3, 1999. No impact shall be incurred with respect to flooding. The property is not located in an area prone to seiche, tsunami, or rnudflow. No impact shall be incurred with respect to these natural hazards. Mitigation Measure #4 Due to the potential for soil displacement through erosion during construction, all cuts and fills greater than 2-feet in height shall be stabilized with a native grass seed mix or hydroseed application. The seed should be maintained for a period of two years to establish stable soil conditions, and an 80 percent cover should be established at the end of two years. The Planning Division shall ensure compliance with this mitigation. Mitigation Measure #5 Prior to site development and issuance of any building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 9. LAND USE AND PLANNING. Would tl~te project? a) Physically divide an established • Butte County Department of Development Services Planning Division • 18 Project: Mooretown Rancheria General Plan Amendment and Rezone 99-U3 Potentially Significant Impact community? b) Conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c} Conflict with any applicable habitat conservation plan or natural community conservation plan? _ Res~uiise: x x x a. The parking lot will serve the Mooretown Ranche.ria's Feather Fails Casino complex. The Mooretown Rancheria is a federally recognized Rancheria containing a 50 lot subdivision, tribal administration building and the Feather Falls Casino. The Rancheria is not considered part of the County of Butte. However, the proposed parking lot falls outside of Rancheria jurisdiction and is regulated by the County. The parking lot will benefit the Rancheria, and may ultimately be accepted into the Rancheria at some future time. This parking lot is integral to the operation of the Rancheria and its community and will not physically divide the community. b. The project will not conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project {including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance} adopted for the purpose of avoiding or mitigating an environmental effect. c. The proposal will not conflict with any applicable habitat conservation plan or natural community conservation plan. IU. MINERAL RESOURCES. Would t{~e pr~ject.• a) Result in the loss of availability • Butte County Department of Development Services Planning Division • Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact 19 Projece Muoretown Rancheri^ General Plan Amendment and Rezone 99-03 Potentially Significant Impact Less Than Significant Less With Than Mitigation Significant Incorporated Impact No Impact of a known mineral resource that would be of value to the region and the residents or the state? b) Result in the loss ofi availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? _ Res~c~nsc: K Y a. - b. The property is not known to contain any important mineral resources of value to the region. No impact shall be. incurred. Mitigation: None required. ll. NOISE. Wottl~t'tlte project result in: a} F_xposure of persons to or ~eneratian of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels: _ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? _ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? _ x • Butte County Department of Development Services Planning Division • x x K 20 ProjetC Mooretown R.uicheria General Plan r~mcndmcnt and Rezone 99-03 Potentially Significant Impact 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 expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residinb or working in the project area to excessive noise levels`? Kespt~use: Y x a, - b. The project will result in a temporary increase in noise and vibration levels as construction takes place. However, since this construction activity is temporary, the project tivill not result in noise levels in excess of local standards. c. Existing ambient noise levels in the area are high due to the projects proximity to the adjacent Feather Falls Casino. The casino includes a 315 space parking lot. The use of the project area for a parking lot is not expected to significantly alter the existing ambient noise level. d. The parking lot's ambient noise level will be similar to the adjacent parking lot and Feather Fall's Casino. The project will not result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project e. This project is not located within an airport land use plan or within two miles of a public airport or public use airport. No impact is anticipated. Mitigation: None Required. 12. POPULATION ANll HOUSING. Wf~ufct thc~ project.• a) Induce substantial population growth in an area, either directly (for example, by • Butte County Department of Development Services Planning Division • Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact 21 Project: Mnoretown Rancheria General Plan Anundment and Rezone 99-03 Potentially Significant Impact proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Response: Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact x x x a. -c. Although the construction of the parking lot constitutes an extension of existing infrastructure, the parking lot is intended to serve existing patrons of the casino and concert facility, which are currently not served with adequate parking facilities. The proposal will result in the loss of x.48 acres of land now designated for Low Denstity Residential uses by the General Plan. This designation allows for the development of 6 dwelling units/acre, provided that acceptable services can be provided. However, this area is currently not provided with sewer service, and allowable densities would be much lower. Additionally, the Environmental Health Department indicates that on-site disposal of sewage is very difficult due to the poor soil conditions of the area. It is unlikely that additional dwellings may be developed without full sewer service to the area. The Mooretown Rancheria is in the process of providing additional housing for tribe members within the Rancheria itself. Through this planning process, adequate housing will be provided for the Rancheria community, and the loss of residential land represented by this proposal will not significantly effect housing availability in the area. Mitigation: None required. 13. PUBLIC SERVICES. ~~) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered • Butte County Department of Development Services Planning Division • 22 F'rojecC Mooretown Rancheria Gencril Plun Amendma~t an~J Rezone 99-(13 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact governme-1ta1 facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? 1t b) Fire protection? X c) Police Protection? 1t d) Schools`? 1t e) Parks? K f) Other public services'? K Res~ortse: The development of the Feather Falls Casino has been recognized by the County Public Works Department to warrant certain oft-site road improvements in arder to maintain adequate traffic flow and circulation. These improvements include the widening of Lower Wyandotte Road to include a continuous left-hand turn lane and signalization of the intersections of Lower Wyandotte Road, Ophir Road, and Upper Paler-no Roads and the intersection of Ophir Road and Lincoln Avenue. With the exception of the signalization of Ophir Road and Lincoln Avenue, the work has been completed to the satisfaction of the Department of Public Works. The Ophir RoadlLincoln Avenue signalization is scheduled for the Summer of 2001, according to the Department of Public Works. The Mooretown Rancheria was required to submit fair-share contributions for this work. Any additional i-npact associated with the proposed parking lot has been mitigated by the work completed and scheduled by the Department of Public Works. No additional impact is anticipated. b. The California Department of Forestry/Butte County Fire Department indicates that the proposal will have no impact on fire protection services provided the parking lot is not used for any other use besides parking. The Conditional Zoning Agreement shall ensure that the use is limited to a parking lot. No impact shall be incurred. • Butte County Department of Development Services Planning Division • 23 Project Moorcwwn Runcheriu Gcncril Plm~ An~en~lment :uul Rezone 99-03 Potentially Significant Impact Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact c. The project will not generate any impacts related to police protection. No impact shat) be incurred. d. The project will not result in additional growth or housing. No impact shall be incurred to school services. e. - f. The project will not result in additional growth or housing. No impact shall be incurred to parks or other public services. Mitigation: None required. 14. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?_ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: x x a - b. The project will not result in additional growth or housing. No impact shall be incurred to recreation services. Mitigation: None required. 15. TRANSPORTATIONITRAFFIC. Wr~u(~ tl~e project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., • Butte County Department of Development Services Planning Division • 24 PrujecC Muurerown Kancheria General Plan Amendment and Kez~me 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)'? 1t b} Exceed, either individually ar cumula- tively, alevel of service standard established by the county congestion management agency for designated roads ar highways? 1t c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? )t d} Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 1t e) Result in inadequate emergency access`? K f) Result in inadequate parking capacity? K g) Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks}? )C Response: a - g. The development of the Feather Falls Casino has been recognized by the Co~mty Public Works Department to warrant certain off-site road improvements in order to maintain adequate traffic flow and circulation. These improvements include the widening of Lower Wyandotte Road to include a continuous left-hand turn lane and signalization of the intersections of Lower Wyandotte Road, Ophir Road, and Upper Palermo Roads and the intersection of Ophir Road and Lincoln Avenue. With the • Butte County Department of Development Services Planning Division • 25 Project: Mooretown Rancheria General Plan ~mcndmcnt and Rezone 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact exception of the signalization of Ophir Road and Lincoln Avenue, the work has been completed to the satisfaction of the Department of Public Works. The Ophir RoadlLincoln Avenue signalization is scheduled for the Summer of 2001, according to the Department of Public Works. The Mooretown Rancheria was required to submit fair-share contributions for this work. Any additional impact associated with the proposed parking lot has been mitigated by the work completed and scheduled by the Department of Public Works. However, additional impact is not anticipated since the proposed parking lot is expected to service existing demand from the casino. The Butte County Association of Governments (BCAG) indicates that the 13CAG traffic model for Butte County shows a Level of Service (LOS} of "B" for the main roads in the immediate vicinity of the project (Ophir, Upper Palermo, Lower Wyandotte, and Lincoln). An LOS of "B" is indicative of free-flowing traffic and a good progression of vehicles. Mitigation: None required. 16. UTILITIES AND SERVICE SYSTEMS. ~~or~ld t{ze project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X 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 environmental effects? X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ~t d} Have sufficient water supplies available to serve the project from • Butte County Department of Development Services Planning Division • 26 Project. Moomtown Ranchcriu Gcncral Plan Amendment and Nezonc 94-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact existing entitlements and resources, or are new or expanded entitlements needed`? X 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 in addition to the provider's existing commitments? 1t f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? iC g) Comply with federal, state, and local statutes and regulations related to solid waste? 1t Respo~ts~e: a. - g. The General Plan Amendment and Rezone proposal will not have an impact to these utilities and service systems 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the 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 • Butte County Department of Development Services Planning Division • 27 ProjecC Mooreu>wn Rancheria General Plan Amendment and Rezone 99-03 major periods of California Kist ar prehistory? X b} Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively consider- able" 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)`? 1t c) Does the project have environmental effects which will cause substantial adverse effects an human beings, either directly or indirectly`? X Response: a. and d. The proposed General Plan Amendment and Rez~me will not degrade the environment, car have environmental effects which will cause substantial adverse effects on human beings. b. The project does have the potential to contribute impacts that are individually limited but cumulatively considerable with respect to cumulative impact to Initial Study Checklist Section 1, Aesthetics; Section 2, Air Quality; and Section 8, Hydrology and Water Quality; Cumulative impacts from these areas will be mitigated due to the inclusion of Mitigation Measures #1 - 5 as itemized Linder Section V. -Mitigation Measures and Monitoring Requirements. • Butte County Department of Development Services Planning Division • 2$ ProjecC Muoreunvn Ranchcriu General Plan Air~cminunt anal Rezone 99-03 V. MITIGATION NIFASURES AND MONITORING REQUIREMENTS: Mitigation Measure #1 In order to reduce the impact of light and glare on surrounding properties, all external lighting shall be directed downward and shall be contained within the parking lot boundaries. Mitigation Measure #2 In order to soften the visual impact of the paved area, and to reduce heat gain on the paved surface, the applicant shall provide a Landscaping Plan, conforming to the below list of requirements. This mitigation shall be incorporated by reference into the Conditional Zoning Agreement: In accordance with Butte County Code Section 24-240.10 (e), a total of 5 percent of the gross parking lot area (l I ,935 square feet) shall be devoted to landscaping. Each planter area shall be surrounded with asix-inch raised concrete curbing, or equivalent. The parking lot shall be planted with trees of not less than IS gallon size to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Trees shall be planted and maintained in planters or landscaped. areas so that. at tree maturity, I S years, at least 50 percent of the total paving area, not including driveway entrances, shall be shaded as determined by a qualified arborist or landscape architect. An irrigation system shall be installed in each separate planter and landscaped area. 4. The landscape and irrigation plan, consistent with the landscaping requirements and project site plan, shall be submitted to and approved by the Planning Division prior to grading, site development and issuance of any associated building permits. All landscaped areas shall be maintained in a healthy and thriving conditions, free from weeds, trash, and debris, during the term of this permit. Mitigation Measure #3 In order to avoid fugitive dust conditions, the applicant shall ensure that all road and other construction activities taking place during site development are sufficiently watered andlor treated with a soil palliative. These measures will be carried out to the satisfaction of the Butte County Air Quality Management District. • Butte County Department of Development Services Planning Division • 29 Projece Moorewwn Rancheria General Plan Amendment and Rezone 99-03 Mitigation Measure #4 Due to the potential for soil displacement through erosion during construction, ail cuts and fills greater than 2-feet in height shall he stabi]ized with a native grass seed rnix or hydroseed application. The send should be maintained for a period of two years to establish stable soil conditions, and an 80 percent cover should be established at the end of two years. The. Planning Division shall ensure compliance with this mitigation. Mitigation Measure #5 Prior to site development and issuance of any building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the ©epartment of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. • Butte County Department of Development Services Planning Division • 30 ProjecC Mooretown Rancheria General Plan Amendment and Reionc 9~)-03 DATA SHEET A. Project Description l . Type of Project: General Plan flmendment and Rezone 2. Proposed Density of Development: Not Applicable 3. Amount of Impervious Surfacing: 5.48 acres 4. Access and Nearest Public Road: Access is provided by Alverda Drive, a private road, which intersects Lower Wyandotte Road, a County Road, approximately 2000 feet to the south. 5. Method of Sewage Disposal: Not applicable 6. Source of Water Supply: Not applicable 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: None. B. Environmental Setting 1. Terrain a General Topographic Character: Gently sloping hillside. b. Slopes: 0 - 5 percent. c. Elevation: 325 feet above sea-level. d. Limitin~ Factors: None. 2. Soils a. Types and Characteristics: Corning gravelly sandy loam series. b. Limiting Factors: Poor agricultural value. 3. Natural Hazards of the Land a. Earthquake Zone: Maderate Earthquake Intensity Zone VIII. b. Erosion Potential: High. c. Landslide Potential: Low. d. Fire Hazard: Extreme. e. Expansive Soil Potential: Low. 4. Hydrology a. Surface Water: Oroville-Wyandotte Irrigation Ditch (abandoned). b. Ground Water: Abundant valley aquifers. c. Drainage Characteristics: Southerly as sheet flow. d. Annual Rainfall (normal): 26-inches per year. e. Limiting Factors: None. 5. Visual/Scenic Quality: Good. h. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: Oak trees, shrubs and grasses. 9. Wildlife Habitat: Small mammals and birds. 10. Archaeological and Historical Resources in the area: Low sensitivity area. • Butte County Department of Development Services Planning Division • 31 Project M19oorutown Rancheria General Plan Amcndmait and Rezone 99-U3 11. Butte County General Plan designation: Low Density Residential 12. Existing Zoning: A-R (Agricultural Residential) 13. Existing Land Use on-site: Undeveloped. 14. Surrounding Area: a. Land Uses: North: Mooretown Rancheria Indian Reservation South: Undeveloped. East: Undeveloped. West: Undeveloped. b. Zoning: North: A-R South: A-R. East: A-R. West: A-R c. General Plan Designation: North: Low Density Residential. South: Low Density Residential. East: Low Density Residential. West: Low Density Residential. d. Parcel Sizes (acresj: North: 5.7 South: 19 East: 132 West: 22 15. Character of Site and Area: Recreational and residential and open land. 16. Nearest Urban Area: City of Oroville l7. Relevant Spheres of Influence: City of Oroville (also located within the County General Plan's Oroville Urban Reserve). 18. Improvement Standards Urban Area: None. l9. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 63 approximately 5 miles away. b. Water Availability: Fire tankers only. 20. Schools: Palermo Unified School District. ENVIRONMENTAL REFERENCE MATERIAL L Butte County Planning Department. EarthcLuake 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. Vii. Butte County Planning Department. Subsidence and Landslide Potential Map 1 I i -1, Safiety Element Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 11 1-2, Safety Element Oroviile, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Sails Map l 11-3. Safety Element. Orovilie, CA: CH2M Hill, 19'77. b. 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 Map l I1-4, Safiety Element. Oroville, CA: CH2M Hill, 1977. • Butte County Department of Development Services Planning Division • 32 Project: Moorctoun Rancheriu General Plun Anundmcnt and Rezone 99-03 9, Butte County Planning Department. Archaeolo~ieal Sensitivity Map. Oroville, CA: James 1'. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA, 1 1. 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. Orcwilie, CA: Butte County Planning Department, 1987. 13. National Flood Insurance. Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico (,1925/Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925~JOr©ville (1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities M~ Butte County Fire Department and California Department of Forestry, 1989. • Butte County Department of Development Services Planning Division • 33 ProjccC General Plan Anundma~tlRczonefTentativc Subdivision Map EXHIIjIT C-2 (Stephen J. Schuster. GP;~IRZ UO-U5: TSM 00-03, Pheasant Ltuuiing Subdivision Unit I^ ) COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: Name of Proponent: Stephen .T. Schuster 2. Address: 340b Keefer Road Chico CA 95973 Phone: 530-844-0894 3. Name of Proposal: General Plan AmendmentlRezonelSubdivision Map (Pheasant Landing Subdivision Unit III) 4. Type of Project: General Plan Amendment/RezonelTentative Subdivision Map 5. Project Descriptions: General P)an Amendment and Rezone (GPA/RZ 00-OS) The applicant requests a General Plan Amendment and Rezone involving a 5 (+l-) acre neighborhood park area currently zoned P-Q (Public-Quasi Public) and designated as "Public" by the General Plan. This proposal constitutes an alteration to the North Chico Specific Plan's policies and exhibits, The applicant proposes altering the location of Che park, rezoning the OS (Open Space) zone and a portion of lands zoned SR-1 (Suburban Residential, 1 acre parcels), which lies adjacent to Keefer Slough as shown on the North Chico Specific Plan (NCSP), to the neighborhood park zone (P-Q). Additionally, the NCSP General Plan designations for this area will be amended from "Agricultural Residential" and "Open Space" to "Public". The original location for the neighborhood park will be rezoned from P-Q to SR-1 (Suburban Residential, 1 acre parcels) and the NCSP General Plan designation will be amended from "Public" to "Agricultural Residential". This proposed action will serve to relocate a 5-acre area reserved for park use under the NCSP. The new location is currently occupied by residential and open space zoning along Keefer Slough. The proposal will result in the removal of approximately 3.3 acres of Open Space from the NCSP. This acreage wiIl be replaced with SR-1 zoning, which will allow for 3 additional dwellings upon subdivision of the area. • Butte County Department of Development Services Planning Division • Project Genertd Plan AmendroentlRezonclTcntative Subdivision M11ap (Stephen J. Schuster, GPAlR7_ O{)-(l5; TSM 00-03, Pheasant Landing Subdivision Unit 1^ ) Tentative Subdivision Map The Subdivision Map proposes 30, 1 (+l-) acre residential parcels, one, 1.47 acre parcel (Lot "A"} for community sewage disposal, one, 5 (+/-) acre parcel (Lot 'B"} for the future neighborhood park, and one, 1 (+/-) acre parcel (Lot "C") for a storm water retention area. The project will be provided with water service by individual domestic wells. Roads shall be dedicated for public use. Note: This project has been reviewed for consistency with the Adopted North Chico Specific Plan (NCSP) goals and polices and will utilize the adopted Certified Environmental Impact Report (CEIR} prepared for the plan as the basic environmental document. The NCSP is a mixed-use large scale development plan, which serves as a broad reaching site planning tool for larger developments in the unincorporated North Chico area. These documents were adopted by the Board of Supervisors in March of 1995. Pursuant to Government Code Section 21083.3, if an EIR has been certified for the adoption of a Specific Plan, the application of CEQA shall be limited to effects upon the environment which are peculiar to the parcel or to the project and which were not addressed as significant effects in the prior CEIR. (~. Location of Property: This property is located east of and adjacent to Garner Lane, approximately 1.6 miles south of Keefer Road, north of Keefer Slough in the north Chico area. 7. Assessor's Parcel Number: 047-350-013, -014, and -015 8. Setting; This property is currently undeveloped, but may have been used as an almond orchard or other agricultural use in the past. The property is level, with no dominant physical characteristics. The area's vegetation is characterized as fallow grassland and pasture; noxious weeds, primarily starthistle, is predominant. Several small almond and valley oak trees are present on the site. A complete list of plants identified at this site is attached to this Initial Study. Keefer Slough is located along the south margin of the property. No other wetlands or water features are located on the property. Keefer Slough is an unimproved natural drainage, but contains no riparian vegetation at this location. Access is provided by Garner Lane, a County Road. Subdivision access will be provided by one through road and one looped collector road. The project lies within the North Chico Specific Plan Area, County Service Area 87 (GSA 87) and the Chico Area Recreation District (CARD}. 9. Date Checklist Submitted: 10. Other public agencies whose approval is required (e.g., permits, financing approval, ar participation agreement): Airport Land Use Commission, Chico Area Recreation District, • Butte County Department of Development Services Planning Division • 2 Pniject: Gcncral Plun AmendmcnUReroncll'emative Subdivision Map (Stephen 1. Schuster. GPAfR"L 0{)-05:'rSM 00-O3, Pheasant Landing Subdivision Unit III } 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 a NEGATNE DECLARATION will be prepared. 1t 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. ^ l 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 I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ^ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a} have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b} have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Daniel Breedon, Senior Planner Date Reviewed by: Randy Wilson, Principal Planner Date • Butte County Department of Development Services Planning Division • 3 Projccc General Plan AmendmaulRcumefhentative Subdivision Map (Stephen J. Schuster, GPA/RZ (N)-O5;'TSM OU-03, Phetisunt Landing Subdivision Unit Ill ) III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least o-1e impact that is a "Potentially Significant ImpacC" as indicated by the checklist on the following pages. K Aesthetics Agriculture Resources X Air Quality 1t Biological resources ~ Cultural Resources X GeologylSoils X Hazards/Hazardous Materials Hydrologylwater Quality X Land UselPlanning • Mineral Resources 1t 1`ioise Population VHousing ~t Public Services 1t Recreation ~t Transportation!"hraffic • UtilitieslService Systems X Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL IMPACTS: I) 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 fails outside a fault rupture zone. A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on aproject-specific screening analysis.) 2) Ail 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) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when Che determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With 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 Analyses," 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 analysed in an earlier EIR or negative declaration. • Butte County Department of Development Services Planning Division • 4 Project General Plan AmendmenUkcronclTentative Subdivision Map {Stephen J. Schuster, GPAJR7_ 00-05; TSM O{)-U3, Pheasant Landing Subdivision Unit lll } Section 15QC~3 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review, b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 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. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. • Butte County Department of Development Services Planning Division • 5 Project. General Plan AmendmcntlRc~~onefTentauve Subdivision Map (Stephen J. Schuster, GPA{KL 00-05; "I'SM 00-O3, Pheasant Landing Suhdivision Unit ]^ ) Less Than Significant Less Potentially With Than Significant Mitigation Significant Impact Incorporated Impact IV. ENVIRONMENTAI, IMPACTS: 1. AESTHETICS. W~~crld the ~~roject.• a) Have a substantial adverse effect on a scenic vista? No Impact b) Substantially damage scenic resources including, but not Limited to, trees, rock outcroppings, and historic buildings within a state scenic highway`? X 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 area? X Response: The existing parkland is consistent with the NCSP as indicated in Chapter 8 of the NCSP CEIR. The relocation of the 5 acre neighborhood park from its existing location to the new location adjacent to Keefer Slough could have aesthetic impacts. However, the current location is visually consistent with the surrounding property, and this location does not appear to have been chosen to protect any aesthetic resource. The new location may have a more positive aesthetic effect, since it is adjacent to Keefer Slough, and views of the creek will be protected by additional parkland. NCSP Policy 3-5 (2) provides for the integration of open space, parks and recreational amenities, which will improve the quality of life for residents of the plan area and the greater Chico area. Approximately 3.3 acres of Open Space zone will be removed from the site, under the current proposal. This may result in impacts to aesthetic values. Adding additional parkland to the new location could help to mitigate this loss, while promoting both an open space use and a recreational use. However, the existing proposal may not provide enough parkland outside of the 1O0 foot open space area required by the NCSP along Keefer Slough. The Chico Area Recreation District (CARD) indicates that a minor increase to the amount of parkland proposed could be considered to allow for development of recreational uses outside • Butte County Department of Development Services Planning Division • 6 Project: General Plan AmendnuntlReronefrentative Subdivisiom Mup (Stephen J. Schuster, GPA1RZ 00-Q5; TSM i)0-03, Pheasant Landing Subdivision Unit ^I Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact the 100 foot Open Space setback. Establishment of a 100 foot no-development setback within the park, and inclusion of additional parkland in this area is recommended as project mitigation measures. Mitigation Measure #I At the time of conveyance of any deed dedicating or transferring the property zoned P-Q (Public Quasi-Public) to a public entity, a 100 foot no-development setback easement shall be executed, which shall prohibit any development activities within a 100 foot linear area measured from the top of the bank of Keefer 5iough. This no-development setback is necessary to allow for the establishment of riparian vegetation along Keefer Slough, in accordance with policies of the North Chico Specific Plan. The no-development setback shall not prohibit conservation efforts intended to benetit the establishment of riparian habitat or grasses along Keefer Slough provided it is approved by the California Department of Fish & Game. Mitigation Measure #2 The current proposal removes approximately 3.3 acres of Open Space zoning from the. North Chico Specific Plan. This Open Space zone is intended to protect the natural resources and promote growth of riparian vegetation along Keefer Slough. In order to allow for parkland development and to provide for the necessary 100 foot no-development setback as described under Mitigation Measure #l, additional parkland will be necessary along Keefer Slough. This area should be of a sufficient size to allow for the development of the park with recreational uses in accordance with the NCSP's intentions for this neighborhood park, while remaining clear of the 100 foot no-development setback with park development. The size of this additional parkland area shall be determined by the Chico Area Recreation District. 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the ~~rojeet.' • Butte County Department of Development Services Planning Division • 7 Project: General Plan AmendmenURezone/Tentative Subdivision Map (Stephen J. Schuster, GPAJRL OU-O5; TSM 00-{33, Pheasant Landing Suhdivision Unit I[1 ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use`? X 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 of Farmland, to non-agricultural use? X Response: a - c. There is no Williamson Act contract affecting this property. The proposed parkland relocation does not involve any agricultural resource. No impact is anticipated to agricultural resources as a result of this General Plan Amendment/Rezone and Subdivision Map. Mitigation: None required. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the fallowing determinations. Would the pr~jc~c.~t: a} Conflict with or obstruct implementation of the applicable air quality plan? X 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 quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors}? X d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? x • Butte County Department of Development Services Planning Division • 8 Pn~jece General Plan AmendmcntlRezonc/Tentative Suhdivision Map {Stephen J. Schuster. CiPAlR7_ UO-OS; TSM (70-03, Phcasan~ Landing Subdivision Unit I][ ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact X Response: The relocation of the 5-acre park site as proposed under the General Plan Amendlr-ent and Rezone will not result in any change to air quality. No impact is anticipated. The proposed Tentative Subdivision Map conforms to the NCSP and as indicated in Chapter 10 and Table I6-3 of the NCSP EIR, the proposed subdivision may result in a contribution to indirect emissions associated with project-related automobile use, and to the cumulative exceeding of emission thresholds contained in the Air Quality Attainment Plan. Project elements incorporated into the NCSP reduce these impacts to less than significant. However, the Butte County Air Quality Management District had additional recommendations for this project. The District recommends incorporating measures to control fugitive dust emissions from all road and other construction activities during project improvements. Measures may include site and driveway watering and/or use of other acceptable soil palliatives. Mitigation Measure #3 1. A. Measures shall be taken to control fugitive dust emissions from all road, driveway and other civil construction associated with residential development. Measures may include site and road watering and/or use of other acceptable soil palliatives. Questions regarding fugitive dust control may be directed to the Butte County Air Quality Management District at phone number (530) 891-?882. Prior to recordation of the Final Map, submit an improvement plan with respect to fugitive dust and air pollution to the Butte County Air Quality Management District for review and determination of adequacy. Said plan shall include measures to control fugitive dust emissions from all road, driveway and other civil construction associated with residential development, including the construction of dwelling units. Measures determined to be acceptable by the Air Quality Management District shall he implemented during all development activities on the site. A copy of the approved plan shall be submitted to the Public Works Department and Department of Development Services, Building Division, prior to recordation of the Subdivision Map. B. Place a note on the owner's statement, the deed, or any other instrument to be recorded that states: "Measures shall be taken to control fugitive dust emissions from • Butte County Department of Development Services Planning Division • 9 Project General Plan AmcndmenVKczonel'I'cntutive Suhdivision Map (Stephen J. Schuster. GPA1R1. 00-05; TSM 00-03. Pheasant Landing Subdivision Unit 1[1 7 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact all driveway and other civil construction associated with residential development. Approved dust control measures are found in the fugitive dust control plan for the site approved by the Butte County Air Quality Management District, a copy of which can be obtained from the Butte County Department of Development Services, Quilding Division." 4. BIOLOGICAL RESOURCES. W~tild the project: 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 regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service? X 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 Department of Fish and Game or US Fish and Wildlife Service? X c) Have a substantial adverse effect on federally protected wetlands as defined by Section 4~4 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.} through direct removal, filling, hydrological interruption, or other means'? X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e} Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. X f) Cont7ict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X • Butte County Department of Development Services Planning Division • 10 Project: Gcneril Plan AmendmentlRezonelTcnurtive Subdivision Map (Stephen J. Schuster, GPAIR7.O(1-(h; TSM Ot}-03, Pheasant Landing Subdivision Unit I(1 } Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: a. - d. The proposed project conforms to the NCSP as indicated in Chapter 6 and Table 16- 3 of the NCSP CEIR. The subdivision of property can result in the potential loss of or disturbance to, riparian habitat, vernal pools and other ephemeral wetlands, and the disturbance or loss of special status plants that occur due to grading and development. Project Elements incorporated into the plan reduce these impacts to less than significant level. A survey for sensitive species of vascular plants was conducted an the project site on Apri17, 2000. The survey did not find any present or past evidence of sensitive plant species and stated that mitigation was not necessary. The plant survey did report that four small valley oak trees (Quercus lobata) were present on the property. Since development pressure in valley areas of the County influence valley oaks and their habitat, the DF&G encourages developers to preserve as many trees as possible, with an emphasis on larger, more mature trees. The County of Butte has no official oak tree preservation policy. Although valley oaks are not an endangered species and are not protected by local ordinance, efforts should be made to ensure that projects protect native valley oak trees, since development is decreasing their members to the point that they may become endangered in the future. The Sensitive Plant Survey recommends that as a mitigation measure for these projects, any valley oaks removed during construction activities be replaced on a two for one basis after development. The replacement of the t~pe.n Space zoning with the parkland may have an impact on the 100 foot no development setback established along Keefer Slough by the NCSP under Resource Protection Policy 7.4-1. Some uses allowed under the parkland (P- Q) zone would involve land development. According to the NCSP this park area is to be used for active and passive recreational opportunities, including play fields, tennis courts basketball courts, picnic areas and children's play areas. The Open Space zone along Keefer Slough is intended to protect a 100 foot wide area from development and to protect riparian vegetation, provide habitat for wildlife and to allow for re-establishment of trees and riparian habitat within the corridor. The 5 acre park proposed for this area can promote these same goals. Although Keefer Slough has the potential to provide riparian habitat at this location, no vegetation typical of riparian habitat is present, with the exception of some local grasses and noxious weeds, with star-thistle being the most predominant plant. Star-thistle is considered an invasive non-native plant, that is typical of disturbed sites in Che • Butte County Department of Development Services Planning Division • 11 Project: General Plan AmendmendRezonefTentative Subdivision Map (Stephen J. Schuster. GPAlR"l. 0(1-0~; TSM 00-03, Pheasant Landing Subdivision Unit Ill ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact County. Development of the park could bring better management strategies to the Keefer Slough corridor that would help promote riparian growth, and eradicate invasive weeds such as star-thistle. Park land development could provide for recreational activities while promoting riparian revegetation and preservation. However, grading and associated development involved with some uses of the park could result in the loss of or disturbance to riparian habitat. In addition, NCSP Environmental Protection Policy i indicates that impacts to riparian areas should be minimized through avoidance. This issue can be addressed by restricting development of the active amenities of the parkland to an area 100 feet distant from Keefer Slough. This is recommended as a project Mitigation Measure. This project will not have an impact to fish or wildlife habitat. Department of Fish and Gatne fees pursuant to Fish and Game Code Section 711.4(d)(3} and 14 CCR 753.5 are not required. c. A wetlands delineation was prepared for this property under the NCSP CEIR. Figure 6-2 of the CEIR shows that no wetlands are present on the subject property. Keefer Slough is identified on Figure 6-2., which borders the south margin of the property, and also borders the south margin of the proposed park area. Alteration or disturbance to Keefer slough is not anticipated as a result of the General Pian AmendmentlRezone. The Army Corps of Engineers commented on this project, indicating that the work proposed would not involve the discharge of dredged or till rnate--ials into the waters of the United States. The Army Corps did indicate that Keefer Slough was included in a proposed Army Corps flood control project. Any work in or near Keefer Slough may have to be coordinated with the Planning Division of the Army Corps of Engineers, Sacramento District. e. Policy 7.4-3 of the NCSP requires that pre-construction avian surveys be conducted for the black-shouldered kite (Elanus caeruleus} during the nestingtbreeding season in the vicinity of Keefer Slough between Darner Lane and Hicks Lane. The NCSP EIR indicates that kites have been observed nesting in a small group of trees along Keefer Slough just north of the quarry area. These trees are located in the vicinity of the project area. The black-shouldered kite is a California Department of Fish and Garne "species of special concern". Additionally this species is also considered to be fully protected under California Fish & Game Code Section 3511 1. Blaek- shouldered kites prefer to nest in tall trees, generally in dense groves, and forage in grasslands and fallow croplands. NCSP elements that mitigate development impacts • Butte County Department of Development Services Planning Division • 12 Project: General Plan AmendmcnUReumefrenuuive Suhdivision Map {Stephen J. Schuster, GPta1R7_ O(I-(i~, TSM DO-Q3, Pheasant Landing, Subdivision Unit III } Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact to the kite includes designation of the open space corridor along Keefer Slough, inclusion of over 500 acres of open space uses in the plan area, preservation and protection of trees in the plan area known to contain nesting sites, and recommendation for pre-construction surveys as described in Policy 7.4-3 above. In order to ensure that no construction takes place within 300 feet of any active nest until after the young have been fledged, the avian survey required by Policy 7.4-3 shall be required as a project mitigation. The proposal will not conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. f. The proposal will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Pian, or other approved local, regional, or state habitat conservation plan. Mitigation Measure #4 At the time of conveyance of any deed dedicating or transferring the property zoned P-Q (Public Quasi-Public) to a public entity, a 100 foot no-development setback easement shall be executed, which shall prohibit any development activities within a 100 foot linear area measured from the top of the bank of Keefer Slough. This no-development setback is necessary to allow for the establishment of riparian vegetation along Keefer Slough, in accordance with policies of the North Chico Specific Plan. The no-development setback shall not prohibit conservation efforts intended to benefit the establishment of riparian habitat or grasses along Keefer Slough provided it is approved by the California Department of Fish & Gatne. Mitigation Measure #5 In accordance with North Chico Specific Plan Polley 7.4-3, pre-construction surveys shall be conducted by a qualified professional along Keefer Slough and vicinity to determine if nesting/breeding activities of the black-shouldered kite are occurring. Any portion of the subject property that lies within 300 feet of an active nest shall be surrounded by an orange fence during construction activities. Any construction activities planned for areas that are within 300 feet of any active nest shall be delayed until after the young have been fledged. The survey shall take place prior to Subdivisio-1 Map recording. The survey and all findings shall be provided to the Planning Division. The Planning Division shall ensure that compliance with any limitations on construction activities in the vicinity of any identified kite nests. • Butte County Department of Development Services Planning Division • 13 Project: General Plan AmendmentlE2cronclTemative Subdivision Map (Stephen J. Schuster, GPA/R7.0{l-O5;'rSM 00-Q3. Pheasant Landing Suhdivision Potentially Significant Impact 5. CULTURAL RFS4URCES. Would the project: init I^ ) Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact 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 Response: The proposed project conforms to the NCSP and as indicated in Chapter 7 of the NCSP CEIR, Project Elements and mitigations incorporated into the plan reduce impacts to archaeological resources to less than significant level. The proposed Subdivision is shown to be outside Che area designated as having high archaeological sensitivity. However, the new location of the proposed park site, is an area that has been identified as having a high archaeological sensitivity (NCSP Figure 7-1). The NCSP CEIR indicates that the highest sensitivity areas within the plan area are lands located within 100 to 200 feet from stream courses. A majority of these areas are already afforded protection by the 100 foot no-development setback required along Keefer Slough. Approval of the proposed General Plan Amendment and Rezone would not authorize any additional construction or activity that will impact archaeological resources. However, a pedestrian level archaeological reconnaissance will be required prior to development of any area located outside the 100 foot setback along Keefer Slough, in accordance with NCSP Policy 7.4-4. Mitigation: None required. 6. GEOLOGY AND SOILS. Woirtd ttie project: a) Expose people or structures to potential substantial adverse effects, including the risk of Loss, injury, or death involving: • Butte County Department of Development Services Planning Division • 14 Project: General Plun AmendmentlRer_onelTenuuive Subdivision Map (Stephctt J. Schuster. GPAIRL 00-0~: TSM Oi)-03. Pheasant Landing Suhdivision Unit ][1 } Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 1) Rupture of a known earth-quake fault, as delineated on the most recent Alquist- priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other sub-stantial evidence of a know fault? Refer to Division of Mines and Geology Special Publication 42. x 2) Strong seismic ground Shaking? 3} Seismic-related ground failure, including liquefaction? 4) Landslides? b} Result in substantial soil erosion or the loss of topsoil? X X X 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 potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-F3 of the Uniform Building Code (1994), creating sub-stantial risks to life or property? X 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 water? X Response: The project will not create any significant geophysical or topographical impacts that will result in any deterioration of the environment or place people at any significant risk. The project conforms to the land uses planned for in the NCSP as indicated in Chapter 4 and Table 16-3 of the NCSP CEIR. The Conservation Element's Expansive Soils Map indicates that the project site has a low to high expansive soil designation. Many valley areas within Butte County have a high potential for structural damage from sail shrinking and swelling. The Conservation Element's Policy 6.1 instructs to protect development in valley areas with expansive soils. This is to be accomplished through the implementation of mitigation measures for large developments and major facilities when there is a potential for significant damage. Building • Butte County Department of Development Services Planning Division • 15 Project Generd Plan AmendrnentlRczonefl'cntative Subdivision Map (Stephen J. Schuster, GPA/RL OU-O5; "rSM UC)-03, Pheasant Landing Subdivision knit lll 1 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact site development will take place in accordance with the Uniform Building Code through Butte County's building permit process. Typical commercial construction techniques, when in conformance with the UBC, can protect from structural damage caused by expansive soils. At the time of building plan checking, the Butte County Building Division requires that soil tests be conducted on soils that have a high potential for expansion. If it is determined that the project site contains such soils, the Building Division will ensure that appropriate measures are taken to prevent damage to structures from expansive soils. Staff recommends that as a mitigation for this project all foundations for this project be designed by a registered Civil Engineer or licensed architect and that this requirement be disclosed on the tinal map. Mitigation 1Vleasure #6; Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "P'rior to site development all foundations shall be designed by a registered Civil Engineer or licensed architect." 7. HAZARDS AND HAZARDOUS MATERIALS. Wr~ulctr the project: a) Create a significant hazard to the public or the environment through the routine transport use, or disposal of hazardous materials? X b} Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment`? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed schools? X d) Be. located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section h5962.5 and, as a result, would it create a significant hazard to the public or the environment? X • Butte County Department of Development Services Planning Division • 16 ProjecC Genertl Plan Amendment/Rezonefrentativc Subdivision Mup lStcphen J. Schuster, GPA1R7 Otl-OS; TSM QO-03, Pheasant Landing Suhdivision Unit ]fl ) Less Than Significant Less Potentially With Than Significant Mitigation Significant Na Impact Incorporated Impact Impact 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 result in a safety hazard for people residing or working in the project area? X f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area'? X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan'? X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Response: a - d. The project will not create any hazardous materials, and is not located on or near any sources of hazardous materials. e - f. The project is within the Comprehensive Land Use Flan (CLUP) for the Chico Municipal Airport. The airport's runways lie approximately 1.25 miles to the southeast of the project's boundaries. The Airport Land Use Commission (ALUC) reviewed the General Plan Amendment and Rezone, together with the proposed Subdivision. Their staff indicate that the proposed General Plan Amendment and Rezone is more compatible with airport operations than the original plan layout, because relocation of the 5-acre parkland to an area adjacent to Keefer Slough places more non-residentially zoned acreage in the more restrictive Overflight Protection Zones A and B. However, the existing SR-1 zoning is still found to be inconsistent with the density as recommended by ALUC. The ALUC staff notes that the changes have a positive feature, in that the potential usable open space for emergency landings are grouped together between the park, roadway and detention basin proposed for the subdivision. However, ALUC has found the General Pian Amendment, Rezone and proposed Tentative Subdivision Map inconsistent with the 197f3 Chico Municipal Airport CLUP, as amended on October 21, 198 and December 29, 1999. ALUC's recommendations to make the project consistent with the CLUP, are attached to this Initial Study as Exhibit "A". • Butte Gounty Department of Development Services Planning Division • 17 Project: General Klan AmcndmenUKeumefl'entative Subdivision Map (Stephen J. Schuster, GPAIRZ 00-05; TSM (HI-03. Phe~isant Landing Subdivision Unit ^I ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact State law allows for local governments to make findings necessary to override a decision made by ALUC. The applicant has expressed a desire to pursue an override of ALUC's decision with the Butte County Board of Supervisors. The Board of Supervisors will be required to adopt overriding findings by a 4I5 vote. At the time of its adoption, the proposed SR-1 zone located within the NCSP was deemed to be consistent with the Chico Municipal Airport Environs Plan. However, the NCSP was adopted on an override of ALUC'S decision, which found the NCSP inconsistent with the 197$ CLUP. ALUC's determination of incompatibility was based on the urban designations in the "town center" area of the NCSP, south of Mud Creek. ALUC amended the 1978 CLUP on December 29, 1999. The impact of the NCSP on the CLUP has not been reassessed by the Board of Supervisors. The consideration of overriding findings for this project, and the consistency of the NCSP with the 1999 CLUP amendmenC constitutes a policy decision that must be addressed by the Baard of Supervisors. It should be noted that ALUC adopted the 2000 CLUP on December 20, 2000. Even though this project is not subject to the new 2000 CLUP, ALUC staff notes that the project would be inconsistent with the 2000 CLUP, which recommends one dwelling unit per five acres. ALUC also considered the I.46 acre gross average lot size of the Subdivision, and recognized that it was more conforming to the 1999 CLUP criteria, but still did not achieve a 2.5 acre gross lot sire required by the CLUP. The project site is located outside the 55 CNEL {community noise level equivalent) noise contour. The 1993 Airport Land Use Planning Handbook does not identify one acre development as a potential safety hazard in the airport overflight zone. Mitigation for this project's impact on the Chico Municipal Airport involves two options, 1) amending the project to conform to ALUC's recommendations; or, 2} provide for approval of the project under the Board of Supervisor's adoption of overriding findings regarding the 1999 Chico Municipal Airport CLUP. h. The project is located within a State Response Area for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before protecting wildlands. Regulations pursuant to Public Resources Code 4290 (Fire Safe Regulations) are recommended to be included as conditions of the Subdivision Map. • Butte County Department of Development Services Planning Division • 18 Project: General Plan Amcndn~cnt/Rezonelrentative Subdivision Map (Stephen J. Schusicr. GPA1Rr 00-05; "rSM (KY03, Phetisant Lmiding Subdivision Unit III ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Mitigation Measure #7 In order to address the significant impact of this project on the Comprehensive Land Use Plan (CLUP) of the Chico Municipal Airport, perform one of the following two options: Amend the project to conform to ALUC's recommendations as follows: A. The lot design shall be amended to show no single family residential building sites within either the Overflight Protection Zone A or B. No residential lot for a single family dwelling shall be less than 2.5 acres in gross sire. B. A condition shall be required on any future Final Map stating that prior to the issuance of a Building Permit the property owner shall sign an Avigation Easement granting to the City of Chico the right of continued use of the Chico Municipal Airport in the airspace above the proposed parcels and acknowledging any and all existing or potential airport operational impacts. OK: 2. Overriding findings regarding ALUC's decision finding this project inconsistent with the Chico Municipal Airport CLUP must be considered by the Board of Supervisors for this General Plan AmendmentlRezone, and the concurrently submitted Subdivision Map, in accordance with the process outlined within Chapter 5 of the Airport Land Use Planning Handbook, prepared for CalTrans Division of Aeronautics, December, 1993. If overriding findings cannot be supported by the Board of Supervisors for this project, it cannot be approved. 8. HYDROLOGY ANll WATER QUALITY. Would the project: 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 • Butte County Department of Development Services Planning Division • 19 Project: General Plan AmcndmenURezonef ('entati~e Subdivision Map (Stephen J. Schuster, GPAIRZ QO-O5; TSM 00-03, Pheasant Landing Subdivision Unit 1[I ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact groundwater table level (e.g., the production ~ ate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been g1-anted}? X 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 substantial erosion or siltation on-or off-site? X 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 of surface runoff in a manner which would result in flooding on- or off=site`? X 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 runoff? X f) Othertivise 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 Insurance Rate Map or other flood hazard delineation map'? X 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 result of the failure of a levee or dam`? X j) Inundation by seiche, tsunami, or mudflow? X ResRonse: The project shall utilize a community sewage disposal system which will collect sewage from individual septic tanks. Waste Discharge Requirements will be required from the • Butte County Department of Development Services Planning Division • 20 Project. General Plan AmendmcnURczonclTentative Subdivision Map (Stephen J. Schuster, GPA/R7.Oi}-O5; TSM 00-Q3, Pheasant Landing Subdivision Unit ][1 ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Regional Board prior to Final Map recording. The Waste Discharge Requirements will require the sewage system to operate within limits imposed by the Regional Board. Water supply to the. individual parcels will be provided by on-site domestic wells. No additional water service is required. A portion of the property resides within the 100-year floodplain (Zone A) of Keefer Slough according to FEMA map Ob007C0320D dated April 20, 2000. None of the 30 lots proposed by the Tentative Subdivision Map are within the floodplain. The proposed park is located within the floodplain. The proposed park should nat involve the construction of any uses that would impact, or be impacted by the f7oodplain. However, this floodplain is designated as a "floodway" by FEMA maps. Section 26-24 (a)(6) prohibits all development within a floodway unless certification by a registered professional engineer demonstrates that the encroachment within the floodway will not result in any increase in flood levels when the fioodway is at capacity. The proposal could affect surface water quality due to siltation resulting from erosion caused by development of new dwelling units, private roads, driveways, and a leach field. This site is level and the soil is not prone to erosion. No impact is anticipated. Drainage patterns will be altered by construction of residences and private roads. Drainage will be directed to a retention pond located on Parcel "C". Adherence to the drainage standards of the Butte County Public Works Department will address impacts to the drainage system, and will serve to ensure that drainage is transported in an orderly manner to the detention pond. No water features or wetlands are located at the current park site or within the proposed subdivision area. No impact is anticipated with respect to hydrological resources. Mitigation: None required. 9. LAND USE AND PLANNING. Would the project? a) Physically divide an established community? X b) Conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, ]Deal coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect`? X • Butte County Department of Development Services Planning Division • 21 Project General Plan AtnendmenURezonclTentative Subdivision Map (Stephen J. Schuster, GPAIR7 QO-QS; TSM 00-03. Pheasant Landing Subdivision Unit [If ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X Response: a. This proposal will not physically divide an established community. The relocation of the parkland enhances access to the site by the public and residents of the area proposed for subdivision. b. The proposal reduces the overall open space of this property by 3.3 acres, which may be inconsistent with the NCSP. The reduction in the amount of open space will allow for the development of 3 additional dwellings within the proposed SR-1 zone. However, by placing the 5-acre park along Keefer Slough, the proposal meets the NCSP goals and policies related to open space and protection of Keefer Slough. To ensure the overall intent and goals of the NCSP are met with regard to 1 }protecting ar~d enhancing the riparian area along Keefer Slough, and, 2j providing a park with amenities envisioned within the NCSP, Mitigation Measures i and 2 are proposed. The decision to modify the NCSP and reduce the amount of Open Space zoning in this area by 3.3 acres is policy driven, and must be considered by the Planning Commission prior to recommending any action on the General Plan Amendment and Rezone to the Butte County Board of Supervisors. NCSP policies involving open space and recreation facilities and Figure 6-3, Drainage Concept, Figure 5-l, Parks & Open Space must be either amended or the project's design must be made to conform to the NCSP as interpreted by the Planning Commission & Board of Supervisors. As a condition of the Tentative Subdivision Map> the applicant has extended an offer to dedicate 5-acres of parkland along Keefer Slough to the Chico Area Recreation District (CARD). This dedication may have mitigating effects on the impact of this project to CARD. This proposed General Plan Amendment and Rezone will make the proposed subdivision front on only one side of Guntren Raad to allow unrestricted access to the proposed neighborhood park land. This design feature conforms to the NCSP's provisions for circulation to public areas (NCSP Circulation Policy 3, Table 2-3). • Butte County Department of Development Services Planning Division • 22 Project General Plan AmendmcndRczonc/Tentative Subdivision Map tStcphcn J. Schuster, GPAIR'I. 00-05; TSM OQ-(13, Pheasant Landing Subdivision Unit I(1 ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact According to NCSP Policy 7.4.1, all trails must be located outside of the 100 foot open space setback along Keefer Slough. Figure 4-2 of the NCSP indicates that a path or trail is to be developed along Keefer Slough at this location. The proposed park will not preclude development of trails or paths. CARD indicates that the new location of the park under this General Plan Amendment and Rezone is desirable because the trail or path can be integrated into the design of the park. Circulation Policy 6 of the NCSP indicates that such a trail or path located within subdivided lands shall be required to be designed and improved by the developer of the subdivision in accordance with the requirements of the NCSP and good planning and engineering practice. Maintenance of these areas will be the responsibility of County Service Area 87. The Airport Land Use Commission determined that the project was inconsistent with the Chico Municipal Airport Comprehensive Land Use Plan (CLUP). (See Initial Study Checklist Item 7 e. - f. for a complete discussion.) Mitigation Measure #7 is proposed to address the conflict of this proposal with the Chico Municipal Airport CLUP. c. The property is not within a habitat conservation plan or natural community conservation plan. No impact shall be incurred. 10. MINERAI, RESOURCES. Wnr~tcl t{ie project.• a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents or the state`? X b) ResuiC in the loss of availability of alocally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Response: a. - b. The property is not known to contain any important mineral resources of value to the region. No impact shall be incurred. Mitigation: None required. 11. NOISE. Would tl-e projeez result in: • Butte County Department of Development Services Planning Division • 23 Project Cicneral Plan AmendmenUReuindTcntative Subdivision Map (Stephen J. Schuster. GPAIRI OU-U5;'TSM 00-U3, Pheasant Landing Subdivision Unit I11 ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a} Exposure of persons t© or generation of noise levels in excess of standards established in tine local general plan or noise ordinance, or applicable standards of other agencies? X b) Exposure of persons to or generation of excessive ground borne vibration or groundborne noise levels: X e} A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X 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 expose people residing or working in the project area to excessive noise levels? X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Response: a. - f. Ambient noise on and around the project area is affected primarily by vehicle traffic on Garner Lane. Noise from Garner Lane is not expected to be significant due to light traffic volumes and the distance to the subdivision. The proposed project area conforms to the NCSP and, as indicated in Chapter I I and Table 16-3 of the NCSP CEIR, development in this area may result in the exposure of some residents to noise caused by overflying aircraft landing at or departing from the nearby Chico Municipal Airport. According to the NCSP CEIR, the project site is located outside of the 55 dB CNEL noise contour. Residential uses are compatible in areas that have a noise level less than 55 dB CNEL. Future dwelling units located on lots adjacent to major arterial may be subject to high levels of noise from vehicles on these roadways. The NCSP requires that all dwelling units adjacent to arterial roads have an interior noise level no greater than • Butte County Department of Development Services Planning Division • 24 project: General Plan AmendmenttRezonefl~entative Subdivision Map (Stephen J. Schuster. GP:~lRT 00-05; TSM 00-03. Phcasun Landing Subdivision Unit [11 ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 45 dB CNEL. This requirement can normally be achieved through standard construction practices. The Airport Land Use Commission deemed the project inconsistent with the revised Comprehensive Land Use Plan for the Chico Municipal Airport. Mitigation Measure #7 is recommended to address significant impacts of the project on the Chico Municipal Airport. (See Initial Study Checklist Item 7 -Hazards, for further discussion). Construction activities on the site will temporarily generate high noise levels on and adjacent to the project site, during project development activities. This construction noise., especially grading equipment, may have a significant impact on nearby residents. Although this noise will be intermittent and sham-term in nature, staff recommends a project mitigation measure to restrict construction activities to the hours of 8:00 am to 8:00 pm to ensure that construction noise does not become a nuisance to neighbors Mitigation Measure #8 To ensure that construction noise does not become a nuisance to neighbors, construction activities associated with subdivision development such as clearing, road building, grading, and infrastructure development shall be limited to the hours of 8:00 am to 8:00 pm. 12. POPULATION AND HOUSING. Would tlu~ project: 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 roads or other infrastructure? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? x Response: • Butte County Department of Development Services Planning Division - 25 ProjecC General Plan AmendmentlKezonc/Tcntative Suhdivision Mup tStephen J. Schuster, GPAIRZ Oi3-OS; TSM 00-C)3, Phatsant Lundin~ Suhdivision Unit ]ll ? Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Butte County population has grown at a rate at or below all official population projections for the past I0 years. Projected population for 1990 was 195,000, while the actual census population was 1 X2,000. The estimated population for January i, 1999 was 201,600. The proposed General Plan Amendment and Rezone would result in a gain of approximately 3.3 acres of residential zoning (SR-i), which would allow for 3 additional parcels. This is due to the loss of approximately 3.3 acres of open space zoning along Keefer Slough, which will be replaced by the proposed parkland, and replacement of the previous parkland site with SR-1 zoning. The General Plan Amendment and Rezone will have the potential to add an estimated 8 people to Butte County (3 dwelling units x 2.6 personsldwelling unit). This is not considered a significant amount and is consistent with the estimated growth rate for the County of about 2°lo per year. The proposed Subdivision Map is not anticipated to influence predicted growth levels in the County. The proposal is located within an area that is planned for suburban residential growth as discussed in the NCSP and will not alter the anticipated population in the area or significantly impact the housing market of the area. As indicated in Table 16-3 of the NCSP EIR, there are no significant impacts to population and housing under the NCSP. b. - c. The project will not displace individuals or housing. If the land is subdivided additional housing could be developed. No impact shall be incurred. IVlitigation: None required. 13. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need far new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services'? X b) Fire protection? e) Police Protection`? X X • Butte County Department of Development Services Planning Division • 26 Project: Gencrul Pl.ut AmuuinuntlRcumc/'hentative Suh~ivision Mup (Stephen J. Schuster, GPAIKI (10-Q5;'T;SM O0-Q3, Phe~tautt Lnn~in~ Suhdivision Unit llt 1 Less Than Significant Potentially With Significant Mitigation Impact Incorporated d} Schools`? e) Parks? X e} Other public services`? Response: X a. -d, Since the General Plan Amendment and Rezone project create only 3 additional parcels, no i-npact is anticipated in relation to these public service concerns. The proposed Subdivision Map conforms to the NCSP. The subdivision may result in a need for additional taw enforcement, fire protection services, increased demand for water supplies, an incremental contribution to the. generation of solid waste in excess in excess of landfill capacity and increased need for new elementary, junior and senior high school facilities. Project elements incorporated into the NCSP reduce these impacts to less than significant impacts. c, The proposal will cause an incremental increase in demand for police protection services. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. As a condition of project approval, the applicant will be required to place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that "A development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permit." d. The proposal will result in an incremental demand for school facilities in the area. The applicant will be required to place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permits." While the school district maintains that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees by the State Legisiatttre. • Butte County Department of Development Services Planning Division • Less Than Significant No Impact Impact X 27 Project: General Pltm Amendment/ReumelTenWtivc Subdivision Map (Stephen J. Schuster, GPAIRZ Otl-OS: TSM UQ-U 3, Pheasant Landing Subdivision Unit III } Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact There will be no net loss of public parkland as a result of this General Plan Amendment and Rezone. However, approximately 3.3 acres of Open Space Zoning will be removed from the North Chico Specific Plan. Initial Study Checklist Item 4. -Qiological Resources and 9. -Land Use and Planning further discusses the loss of Open Space zoning and its impact to Keefer Slough and policies of the NCSP. Establishment of a 100 foot no-development setback within the park, and inclusion of additional parkland in this area is recommended as project Mitigation Measures # 1 and 2. No impact is anticipated to any other public services. Mitigation Measure #9: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "A development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permit." 14. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deteri~,nation of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Response: a. and b. The General Plan Amendment and Rezone's contribution of three additional parcels is not considered significant enough to warrant specific mitigation for area parks and recreation facilities. Although the General Plan Amendment and Rezone proposes to relocate the existing 5-acre neighborhood park, the Chico Area Recreation District has been informed of the proposal and indicates that the new site for the park is more desirable as parkland than the • Butte County Department of Development Services Planning Division • 28 Project General Plan ,-l mendmenURczoncfTentative Subdivision Map {Stephen J. Schuster, GPA/R"7.00-05; TSM Oil-113, Pheasant Landing Subdivision Dnit 111 ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact previous site. The relocation may have adverse impacts on the open space area along Keefer Slough. Mitigation Measures #1 and 2 are recommended to address this impact. The proposed Tentative Subdivision Map conforms to the NCSP, There will be an increase in demand for park and recreational facilities and services in the area. Project elements incorporated into the NCSP reduce this impact to less than significant levels. As a condition of the Tentative Subdivision Map, the applicant has extended an offer to dedicate 5-acres of parkland along Keefer Slough to the Chico Area Recreation District (CARD). This dedication may have mitigating effects on the impact of this project to CARD. 15. TRANSPORTATIONITRAFF'IC. Would t/te project: 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 vehicle trips, the volume to capacity ratio on roads, or congestion at inte.rsections)? X b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X e} Result in a change in air traffic patters, including either an increase in traffic levels or a change in location that results in substantial safety risks'? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections} or incompatible uses (e.g., farm equipment)`? X e) Result in inadequate emergency access? f} Result in inadequate parking capacity? X X g} Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)`? X • Butte County Department of Development Services Planning Division • 29 Project: General Plan AnundmenURezonelrenuitive Subdivision Map (Stephen ,1. Schuster, GPta1R7 O{}-O5; TSM (10-03. Phcasuu Landing Subdivision Unit III } Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response.: a. - e. The General Plan Amendment and Rezone will generate 30 additional traffic trips/day based upon 10 vehicle tripslday for each of the three additional parcels allowed based upon the trip Generation Manual of the Institute of Traffic Engineers for a single family residential use. The nearest public road is Garner Road, which is a County Road. Internal access will be provided to the proposed subdivision by collector roads and a through road which will connect to the I:eefer Creek Estates Subdivision to the east. This is consistent with the circulation requirements of the North Chico Specific Plan. The proposed Tentative Subdivision Map conforms to the NCSP. The proposal will result in an increase of daily trips and peak hour trips. Project elements incorporated into the NCSP reduce this impact to less than significant levels. The NCSP requires that bus turnouts and bus shelters be provided on the new arterial road. The applicant may be required to install at least one bus turn-out and provide a bus shelter along the project frontage on Garner Lane. The location must be approved by the Department of Public Works. In addition, the NCSP requires the installation of a 10 foot wide path for pedestrian, horseback or bicycle use, along the new collector road (Guntren Lane), and adjacent to Keefer Slough. The footpath may be earth or gravel but must be well enough drained to be passable during wet weather. The path must be located clear of the 100 foot no development setback along Keefer Slough. Additionally, a Class II bike lane is required along Garner Lane. These requirements will be conditions of the Tentative Subdivision Map. The proposed parkland may have to be enlarged to allow for adequate parking, clear of the 100 foot setback required along Keefer Slough. Mitigation Measure #2 is recommended to enlarge the park, if necessary, to a size that is acceptable for the anticipated uses as determined by the Chico Area Recreation District. g. The proposed General Plan Amendment and Rezone will not conflict with accepted policies, plans or programs supporting alternative transportation. The proposed park will allow for the construction of the path and trail proposed for this area by the NCSP. Mitigation: See Mitigation Measure #2 regarding Item f above. • Butte County Department of Development Services Planning Division • 30 Project: (~cncral Plun Anxndnunt/RezonefI'entative Subdivision Map (Stephen J. Schuster, GPAIRZ IHl-O5;'I:SM 0(1-03, Pheus.mt Landing Subdivision Unit []I ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 16. UTILITIES AND SERVICE SYSTEMS. WR~~~Irl the pr~~ject: a) Exceed wastewater treatment Requirements of the applicable Regional Water Quality Control Board? X 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 environmental effects? X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d} Have sufficient water supplies available to serve the project from existing entitlements and resources, or are ne.w or expanded entitlements needed? X 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 in addition to the provider's existing commitments? X t) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste. disposal needs? X g) Comply with federal, state, and local statutes and regulations related to solid waste'? X Response: a. - e. The project shall utilize a community sewage disposal system which will collect sewage from individual septic tanks. Waste Discharge Requirements will be required from the Regional Board prior to Final Map recording. The Waste Discharge Requirements will require the sewage system to operate within limits imposed by the Regional Board. Water supply to the individual parcels will be provided by on-site domestic wells. No additional water service is required. NCSP Figure 5-3 must be amended if this project is approved. This Figure shows the current location of the 5-acre park as a detention area, which is necessary to mitigate • Butte County Department of Development Services Planning Division • 31 Project: General Plan AmendmenURezoneP[~entative Subdivision Mup (Stephen J. Schuster. GPAJRZ (x1-05;'I~SM C)O-Q3, Pheasant Landing Subdivision Unit 1[I ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a 10 year, 24 hour post development run-off. The new location can serve the same purpose, but relocating the detention area on Figure 5-3 is a policy decision because it is a modification of the NCSP. This decision must be made by the Butte County Board of Supervisors. f. The project will increase the stream of waste being deposited in the Neal Road Landfill by a small amount, when the property is subdivided. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. The project will not have an impact on solid waste disposal. g. No impact shall be incurred to federal, state, and local statutes and regulations related to solid waste. Mitigation: None required. l7. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the 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 h) 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 beings, either directly or indirectly? x Response: • Butte County Department of Development Services Planning Division • 32 Project General Plan AmendmendRcronell'cntativc Suhdivision Map (Stephen J. Schuster, GPAIRZ 00-05: "l'S!~1 00-0.3, Phcasani Landing Subdivision Unit UI Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact "The proposed General Plan Amendment anti Rezone is an alteration to the North Chico Specific Flan. Consideration of this proposal will ultimately involve a policy decision by the Butte County Board of Supervisors. The proposal to alter the Specific Pian by relocating a 5-acre park, elirnination of 3.3 acres of Open Space, and allowance of 3 additional parcels within the SR-1 zone may have impacts that are individually limited, but cumulatively considerable. In addition, the Tentative Subdivision Map may have impacts that are individually limited but cumulatively considerable. Mitigation Measures #1 - 9 as listed under Item V. -Mitigation Measures and Monitoring Requirements, are recommended to address specific significant impacts to Initial Study Checklist items involving aesthetics, biological resources, hazards, public services, noise, recreation, air quality, geology/soils, land use planning and traffic. • Butte County Department of Development Services Planning Division • 33 ProjceC General Plan AmendmcntlRezonelTentutive Suhdivisio^ Mup tStephen J. Schuster, GPA1RZ 00-OS; TSM DO-03, Pheasant Landing Subdivision Unit 111 ) V. MITIGATION MEASURES AND MONITORING REQUIREMF,NTS: Mitigation Measure #1 At the time of conveyance of any deed dedicating or transferring the property zoned P-Q (Public Quasi-Public) to a public entity, a 100 foot no-development setback easement shall be executed, which shall prohibit any development activities within a 100 foot linear area measured from the top of the bank of Keefer Slough. This no-development setback is necessary to allow for the establishment of riparian vegetation along Keefer Slough, in accordance with policies of the North Chico Specific Pian. The no-development setback shall not prohibit conservation efforts intended to benefit the establishment of riparian habitat or grasses along Keefer Slough provided it is approved by the California Department of Fish & Game. Mitigation Measure #2 The current proposal removes approximately 3.3 acres of Open Space zoning from the North Chico Specific Plan. This Open Space zone is intended to protect the natural resources and promote growth of riparian vegetation along Keefer Slough. In order to aIlow for parkland development and to provide for the necessary 100 foot no-development setback as described under Mitigation Measure #1, additional parkland will be necessary along Keefer Slough. This area should be of a sufficient size to allow for the development of the park with recreational uses in accordance with the NCSP's intentions for this neighborhood park, while remaining clear of the 100 foot no-development setback with park development. The size of this additional parkland area shall be determined by the Chico Area Recreation District. Miti~=anon Measure #3 A. Measures shall be taken to control fugitive dust emissions from all road, driveway and other civil construction associated with residential development. Measures may include site and road watering andlor use of other acceptable soil palliatives. Questions regarding fugitive dust control may be directed to the Butte County Air Quality Management District at phone number (530) 891-2882. Prior to recordation of the Final Map, sub-tlit an improvement plan with respect to fugitive dust and air pollution to the Butte County Air Quality Management District for review and determination of adequacy. Said plan shall include measures to control fugitive dust emissions from all road, driveway and other civil construction associated with residential development, including the construction of dwelling units. Measures determined to be acceptable by the Air Quality Management District shall be implemented during all development activities on the site. A copy of the approved plan shall be submitted to the Public Works Department and Department of Development Services, Building Division, prior to recordation of the Subdivision Map. • Butte County Department of Development Services Planning Division • 34 Project: C;eneral Plan AmendmenURezonefTentatire Suhdivision Map (Stephen J. Schuster, (iPA1R7_ 00-Oi: TSM 00-03, Pheasant Landing Suhdivision Unit III ) B. Place a note on the owners statement, the deed, or arty other instrument to be recorded that states: "Measures shall be taken to control fugitive dust emissions from all driveway and other civil construction associated with residential development. Approved dust control measures are found in the fugitive dust control plan for the site approved by the Butte County Air Quality Management District, a copy of which can be obtained from the Butte County Department of Development Services, Building Division." Mitigation Measure #4 At the time of conveyance of any deed dedicating or transferring the property zoned P-Q (Public Quasi-Fublic) to a public entity, a 100 foot no-development setback easement shall be executed, which shall prohibit any development activities within a 100 foot linear area measured from the top of the bank of Keefer Slough. This no-development setback is necessary to allow for the establishment of riparian vegetation along Keefer Slough, in accordance with policies of the North Chico Specific Pian. The no-development setback shall not prohibit conservation efforts intended to benefit the establishment of riparian habitat or grasses along Keefer Slough provided it is approved by the California Department of Fish & Game. Mitigation Measure #5 In accordance with North Chico Specific Plan Policy 7.4-3, pre-construction surveys shall be conducted by a qualified professional along Keefer Slough and vicinity to determine if nesting/breeding activities of the black-shouldered kite are occurring. Any portion of the subject property that lies within 300 feet of an active nest shall be surrounded by an orange fence during construction activities. Any construction activities planned for areas that are within 300 feet of any active nest shall be delayed until after the young have been fledged. The survey shall take pace prior to Subdivision Map recording. The survey and all findings shall be provided to the Planning Division. The Planning Division shall ensure that compliance with any limitations on construction activities in the vicinity of any identified kite nests, Mitigation Measure #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: "Prior to site development all foundations shall be designed by a registered Civil Engineer or licensed architect." • Butte County Department of Development Services Planning Division • 35 Project: General Plus AmendmemlRezunelTenuitivc Suhdivisi~ai Map (Stephen .1. Schuster, GPAIRI.O(1-OS;'rSM 00-U3. Pheasant Landing Suhdivision Unit 1[I ) Mitigation Measure #7 In order to address the significant impact of this project on the Comprehensive Land Use Pian (CLUP) of the Chico Municipal Airport, perform one of the following two options: A-nend the project to conform to ALUC's recommendations as follows: A. The lot design shall he amended to show no single family residential building sites within either the Overt7ight Protection Zone A or B. No residential lot for a single family dwelling shall be less than 2.5 acres in gross size. B. A condition shall be required on any future Final Map stating that prior to the issuance of a Building Permit the property owner shall sign an Avigation Easement granting to the City of Chico the right of continued use of the Chico Municipal Airport in the airspace above the proposed parcels and acknowledging any and all existing or potential airport operational impacts. OR: 2. ©verriding findings regarding ALUC's decision finding this project inconsistent with the Chico Municipal Airport CLUP must be considered by the Board of Supervisors for this General Plan Amendme.ntlRezone, and the concurrently submitted Subdivision Map, in accordance with the process outlined within Chapter 5 of the Airport Land Use Planning Handbook, prepared for CalTrans Division of Aeronautics, December, 1993. If overriding findings cannot be supported by the Board of Supervisors for this project, it cannot be approved. Mitigation Measure #8 To ensure that construction noise does not become a nuisance to neighbors, construction activities associated with subdivision development such as clearing, road building, grading, and infrastructure development shall be limited to the hours of 8:00 am to 8:00 pm. Mitigation Measure #9: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "A development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permit." • Butte County Department of Development Services Planning division • 36 Project: General Plan AmcndmentlReumefrentative Suhdivision Map (Stephen J. Srhustcr. GPAlRZ 00-05: TSM 00-03, Phcusuii Landing Subdivision Unit ^[ ) DATA SHEET A B Project Description 1. Type of Project: General Plan Amendment to Narth Chico Specific Plan and Rezone 2. Proposed Density of Development: 1-acre parcels and 5-acre park site. 3. Amount of Impervious Surfacing: Minimal 4. Access and Nearest Public Road: Garner Lane and internal collector roads proposed under future subdivision. 5. Method of Sewage Disposal: On-site sewage proposed for future residential subdivision. No sewer service available. C. Source of Water Supply: Individual domestic wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: The Land may be divided further as allowed under the SR-1 zone. A total of 3 additional parcels would be allowed under this General Plan Amendment and Rezone, Environmental Setting 1. Terrain a General Topographic Character: Level. b. Slopes: Level. c. Elevation: Approximately 195 to 203 feet above sea level. d. Limiting Factors: None. ?. Soils a, Types and Characteristics: Vino farweli, according to NCSP CEIR. b, Limiting Factors: Not considered prime agricultural land due to low permeability of substrate and rockiness. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Slight. c. Landslide Potential: Low d. Fire Hazard: Low. e. Expansive Soil Potential: Moderate -High 4. Hydrology a. Surface Water: None. Keefer Slough is adjacent along the south margin of the project. b. Ground Water: Unknown, potentially limited. Abundant valley aquifers. c. Drainage Characteristics: Trending southwest. d. Annual Rainfall (normal): 22-inches per year. e. Limiting Factors: None. 5. VisuallScenic Quality: Good. • Butte County Department of Development Services Planning Division • 37 Project: General Plan AmendmentlRezonefTcntative Subdivision :Flap (Stephen J. Schuster, CiPAIR'I_ QO-OS: "rSM 00-03, Pheasant Landing Subdivision Unit 111 ) h. Acoustic Quality: Goad. 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: Noxious weeds, several small valley oaks. 9. Wildlife Habitat: Small birds and animals common to valley grasslands. 10. Archaeological and Historical Resources in the area: High Sensitivity area. l 1. Butte County Genera] Plan designation: Agricultural Residential and Public 12. Existing Zoning: SR-i (Suburban Residential, 1-acre parcels) and P-Q (Public Quasi- Public), 13. Existing Land Use on-site: Undeveloped l4. Surrounding Area: a. Land Uses: Residential b. Zoning: SR-1 c. Gen. Plan Designation; Agricultural Residential d. Pareel Sizes: 1 acres to 33.87 acres. 15. Character of Site and Area: Residential and undeveloped agricultural land. 16. Nearest Urban Area: City of Chico 17. Re]evant Spheres of Influence: None. 18. Improvement Standards Urban Area: N!A 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number #41 approximately l .5 miles away. b. Water Availability: Fire tankers only. 2(~. Schools: Chico Unified School District. ENVIRONItiIENTAI. REFERENCE IVTATERIAI. I. Butte County Planning Department. Earthquake and Fault Activity Map I I-1 , Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department Liquefaction Potential Map I1-2, Seismie Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111 -1, Safety Element. Oroville, CA CH2M Hil], 1977. 4. Butte County Planning Department. Erosion Potential Map ] I I-2, Safety Element. Oroville, CA: CH2M Hi]], 1977. 5. Butte County Planning Department. Expansive Solis Map I I 1-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department Noise Element M~ IV-1, Scenic Highway Element. Oroville, CA: CH2M Hi11, 1977. 7. Butte County Planning Department. Scenic NighwaVS Map V-1, Scenic Highway Element. Oroville> CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroviile, CA: CH2M Hiil, 1977. • Butte County Department of Development Services Planning Division • 38 ProjecC General Plan AmaulnunURezonefhentative Subdivision Map (Stephen J. Schuster, GPAIRZ Ut?-U5: TSM 00-03. Pheasant Landing Subdivision Unit lI[ } 9. Butte County Planning Department. Archaeological Sensitivity Man. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. I I. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow We11s. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. h7-178. Oroviile, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. I5. Soli Map, Chico (1925~1Oroville (19261 Area. United States Department of Agriculture. 1 f~. Soil Survex of Chico (I925)iOroville (192Ei) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 18, North Chico Specific Plan and Certified Environmental Impact Report Butte County, CA. K:APLANNINGiPROJECTS\GPA\SSCHUS~I.GPA\INITIAL3,WPD • Butte County Department of Development Services Planning Division • 39 1 3 J 6 7 9 10 11 1? 13 14 l I6 17 i8 19 20 21 ~~' ~3 ~~ ~~ ~~ ~~ ~g IND~~IITY .AGREEMENT THIS AGREEP~?ENT, made and entered into this »n~ day of May 2001, by and between COUNTY OF BUTTE, (hereinafter referred to as "COUNTY"), and Steven J. Schuster, (hereinafter referred to as "APPLICANT"); WITNESSETH: WHEREAS, in consideration of the COUNTY'S approval of a General Plan Amendment and Rezone, Planning Division File No. GPA/RZ 00-0~, and a Tentative Subdivision Map, Planning Division File No. TSM CO-03, including the "de minimus" exemption finding regarding impact to fish ar.d wildlife or their habitat, the override of the ALUC`s finding of incor_sistency, and the related CEQA approvals pertaining thereto (referred to collectively herein as "tree Project") the APPLIC~1~1T desires ~o i ~denLnify the COC;NTY from liability or loss related to said j Project approvals; NO":~, THEREFORE, IT IS r~1UT~A"~~`~' AGREED between COUNTY and APPLIC~~1T as follows 1. Indemnification. The APPLIC~~,T shall defend, indemnify ar_c bald harmless the COUNTY and its agents, officers and employees from. any claim, action, or proceeding against the COUNTY or its agents, officers or employees: to attack, set aside, void, or annul approval of the Project or any prior ar subsequent related development approvals or Project condition imposed by the COUNTY or any of its agencies, departments, commissions, agents, officers or employees concerning the said Project, or to impose personal liability against such agents, officers or employees resulting from their involvement 1 I 3 4 5 6 7 8 9 10 II l2 II 13 1-~ l~ 16 17 I 18 I 19 ~p 21 ~~ 23 2~ 25 26 27 ~g in the processing or approval of the Project; and/or to sees private attorney general fees or other attorney fees claimed by or awarded to II ~i any party against COUNTY related to the approval of t~~e Project. The COUNTY may choose its own attorney to defend its agents, I, officers or employees. The APPLICANT shall have reasonable appro~ral~ rights regarding the COUNTY`S choice of its attorney. Billings of the', attorney chosen by the COUNTY shall be submitted directly to the' APPLICANT. However, in order to maintain the attorney-client privilege, the APPLICANT shall not be entitled to see any other work product, including an itemization of the worx performed, of the attorney chosen by the COUNTY. To the extent that COUNTY uses any of its resources responding to such claim, action, or proceeding, APPLICANT will reimburse COUNTY upon demand. Such resources include, but are not l_mited ta, staff time, court costs, County Counsel's time at their regular rate as determined by the Cour_ty Auditor, or any other direct or indirect cost associated with respanding to the claim, action, or proceedings. The APPLICANT'S obligations under this agreement shall appl~l~ regardless o` T.ti:,:ether any other permits, entitlements, or approva~s are issued or granted to APPLICANT involving, affecting, or related to the Project. 2. Notice of Claim; Cooperation. The COUNTY shall promptly notify APPLICANT of any such claim, action, or proceeding. If the 'COUNTY fails to so notify APPLICANT and fails otherwise to cooperate fully in the vigorous defense of such claim, action or proceeding, the APPLICANT shall not thereafter be responsible to defend, indemnify and hold harmless the COUNTY or its agents, officers and employees 1 3 4 i 6 7 8 9. 10 rl 1? l .~ 14 1~ 16 17 18 19 ~p ?l, ~~ ?3 ~4 ~~ 26 ,~ ~g p,~.rs~:ant tc t~_~:i s ~.gre~TMer.t . I:: the case of the COUNTY ` S fa~_ure to otherwise cocperate ful,iy, the APPLICANT shall maKe a written demand for the COUNTY'S cooperation prior to the APPLICAI~TT`S release from responsibility to defe_~_d the COUNTY. 3. Approval of Settlement. The APPLICANT shall not be required to pay or perform any settlement of such claim, action or proceedip.g against _'.~.e COUN~'Y un, ess the settlement is approved in writing by APPLICANT. 4. Notice Procedure. All notices to APPLICANT under this Agreement shall be deemed valid and effective when personally served upon the applicant or five (5} calendar days following deposit~n the United States mail, postage prepaid, by certified ar_d;or registered. mai .~ci~.~ essec, to . Steve J. Schuster 3406 Keefer Road Chico, CA 95973 ~, All notices to COL'1TY under this Agreement shall be deemed valid and effective when. personally served upon the Director of Develcpmentt Services or fi-~-e ( 5 } calendar days following deposit ir. the Ur:ited (States mail, postage prepaid, by certified and/or registered mail, addressed to the Director, Development Services Department, 7 County Center Drive, Oroville, CA 959'05. 5. Agreement Is Complete Understanding. This Agreement represents the complete understanding between the parties with respect / / I 1 1 1 l 1 / I 1 ! ,' 3 1 3 6 7 8 9 10' 12 13 1~ 1J l6 17 18 19 ~~ ,1 ~~ 23 ~~ 25 ~~ 27 ~g to the matters set forth herein. IN WITNESS WHEREOF, the parties hereto have duly caused this Agreement to be executed on the date herein above first written. By "AP I " G:ACON'CRA CI\INDGh1l~chustecwpd 4 COUNTY OF BUTTE B Ch ir, Butte County rd of Supervisors "COUNTY" APPROVED AS TO FORM: Office of County Counsel Felix Wannenmacher, Deputy County Counsel