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HomeMy WebLinkAbout04-208,~tF ~a~. ~iM~Ya :a to v~` wh @ '~:~ ~. 'etr - y .iy+k .. :! - ~ ~. 11l'J~©~Ull~n N0. 04-2(78 RI~;~<)LI 1'i'IO\T < }i~' "I'I II~: i3O:1IZ1) OI' SI ~ PI~:R~'ISOR~; OF'f'I Il~~ C'(>i 11"I`Y Oi~' 13I""l~i'1~; ,~1PPRO~'I\~(. `I'III~: ~11)OP~I'It)1~~~ OI~ .1 G1~:M~:R:~I, PI..~1!~~ .1~~II~;1\'I)~ll~:~~"i' FRt)~1 LO~1! i)I':A`SI"I'1' RI~;SIUh;N'I'IAI.'I~O CO~'I~'II~:IZC'I:1L l~'III~;RI~~;1S, a I-ril~.-tc iu~li~~i<lual, Slrpl-cn 5ci<Icn~;la--z, Villa IY(7rt~ Pr<>~x~rlics, LLB' 1-:-s ~~ctitic~uc<1 tl-c 13u~1c C'<-u--l~~ Ply-nui--;; L'~>nuuissi---- anal 13~>ar<I «f `~--I~cr~~is«rs, tflr->u;;l- an <lI)j>I't>])CI;1lC aO])heallOn, lO allleli(~ Ile I3uttc L(?Iln~}' (~Cncral Pali I:.-I1(I I1SC I',IC-lle11(, IO1' a ehanne 1rUn1 I,<n~` I~l'llJlt~' I~CSU~CI1tGl~ tt) ~~(>nllnereGtl, ~t)I~ that [)I'<)I)ert}' I(ICntllletl <)n I',Ahlhll _1-I attat'~le(~ he-~etO; an(1 ~~'I Ih;RI~::15, tl-c t>r<~~x~sctl Gcucral Plat- rln~cn~lu-cnl has been stu~lic~I and rc~~ic~rc~l 1-7~ the I3uttc ('<~un(~~ Plan--in~; C'--uiniissi<-n an~i a ~n-hlic hc,u~in~; hcl~1 ~-nrsuant t~- l,-~~~, .-t «~1-ich tin-c all iutcrestc~I I~crsons ~t~crc hc;u<3; anal ~1'I II^:RI~:r1S, the I3uttc C'<~nnt~~ 13~xu~~1 ~~I~Su~-erl-is~~rs has rc~•ic«~e<I anal c~n-si-Ieretl the e~-ntcnts ->l~ the ~'Iiti;;atc-1 \c~;ati~~c I)cclarati<m .uu] Initial Sti-<17~ (F,~hihit r~-`?) ~>rcl>.u-c-I <rn the .-nu~utln-cul In-rsuaut t~~ the CaliC~nnia I~ai~~ir~nu--cntal <)ualit}' ~lct; au<I ~~'I II~;RI~:.1S, tl-e I3uttc C<~tu-t~- I3~r<-r~l ~~f SuI>crt~i~~n~s h,is licl<i hcarins <ni the Gcucral Plan :1n-cn-Inunl at ti~~l-ich all inlcresic-i Iru~tics ti~~crc l-car-1; anal ~~~'I II~;IZ1~::1~i, the I3uttc Co-u-l7~ 13~ru--1 <~I~Sulun~is<~rs liu-Is the I~r«Ix>sc~l anlrn-l-ncnt c~-u~I-lics ~citl- all rlc-ncnts t>I~ tlu I3uttc C~nn-t}~ (=cucral Plan anal c~nuln~iscs an <»~crall iutcrnall~~ c~-usislcnt «~h«lc, slxrilicall}~: :~. "hl-c In~c~I-~>sc~l L-`? (General C~>n--ncrcial) rcx-e is c<n-sislc--t ~vitl- the In~<~Ix~se-I C<~-t-niercial General Plan clesi~;nativn. I3. I ~1C' ]?ro)CCt ~i'oUl(~ I~CSUIt 111 the deg"e~ol)nlent of ~LIlllte(1 conl[nercGtl alld IlUlustl~la~ arts acti~~it~~ associate-1 tti~ill- a cultural center, which, «~itll file inclusion of ~Iitig;-tion ilcasures +~1- %, ~ti~ould not lac ohjcctionahlc, ohnotiotls or oCCcnSi~~c h~~ reas«II ~>[ clnission of noise, suu~ke, dust, l~u-nes, cinders, heat, bright lights, ~~ihration, ruliatiou refuse nlattcr, or ~i;Itcr carried ~i~astc, and which do not inti~oh'c the handling of l1anllual>lc, esl~losi~~c, or dangerous n-atcrials. C'. A-With the iucLtlsion ol~ ~~Iitigation ~~Ieasures # 1 tin a i, the ~n~o1x>scll C'-`l (General t~oililllerClal~fonC IS ConI~Y<ltlh~C ~17d1 the C~IStlllg [YlrCel 51'I,CS an(~ land USCS ]II the ~n-c~jcct area, which include ~~arcels that arc toned A-R (~lgricultln~al Residential) and that ha~~c a Gcucr:-1 P1aII land IISC designation ol~ Lott' I)cnsit}~ Rcsidcntial. ll. "l,he uses I~crnlitte-I in t11r G2 tone, as Iinlited to the der~elolnnent of aII industrial arts 1rIC'111t}' alld llt'l'~~V1'orli UIlltS h}' l~le ~~ondltl<?nab folllng:~gTCCllICnt, are not lllCOlllj)atlhle \1'ith die C'\L5ting oi~ ~)I~o~>o5ed rC5ldentla~ lalld uSeS lollll(I lIi d1C ~'1clllll)' of the ~)rUJeet. 1~:. 'I'1u En~oject silt is locatc~l l~~itlliu the C:it}' ol~Oroti~iLlc's Sphcrc oC Inllucncc. "I~1-c Cit~•'s General Plan desig~r.-tes the ~~r~~jccl for Single h~anlil}' Rcsidcntial I Tse (nla~inn-nI (~ d1t'C~hllg UlntS~acl~l'~. I3uttC ~~ollnt}' (~enCl~~tl Plan Lantl I''Sl' I',lenlent PollC)' l.(r.I ln(hC<1tC5 that the ~~onnt}' IlluSt attelll]>t lU CoortllnatC goV'CrI1lnGlt j)l<Uls lt']tll other ~l11~I5d1Ct1on5. 11115 General Plan :~Inell(llnellt all(l RCLOnC 15 lllcoll5lStCllt «'Itli the ~ ltd' ol~ Oro~~illc's Sillglc Fanlih~ Rcsidcntial General Plan dcsig~Iation. Although the Cil~~'s j>reroningaud General Ilan i5 inconsistent with dIC Crnull~~'S roning~uxl General Plan designation ~~rol-osetl for this site, the. 1>reioning does not ~n~ccnl]~t the,juri5dictioll ol~ the County's Rczoniug and General Plan ,'lnlcntlmc-It. "I`l-c Cotultti~ has illlplctncnte~l s~~ccial con<litiotls for this Rc~ouing that shall he cn(orccahlc tllrottgh ~- Couditioual %olling .lgrccnlcut. "I~hc Cit}''s conuucnts regarding this Rcvouc and General Plan ~~Incndlucnt arc incorlxu~atcd into the. Couditioual %oning t~grccnlcnt. I'. "I~he I>rojecl shall conlornl to the re~luirelnents ol~ tl-e I3uUe Countt~ Fire I)cj~art-ncnt%Calilin~nia 17cI>artulcnl oC I~~orestrti' with the inclusion ol~ tlitigation \~Icasurc #'7, ~~~hich s~>ccihc5 rc~luircnlcnts for lire ht~drants, lire llo~as, and colul>liancc with lire and lilt salct~° standards. G. ~~'isual and colu~rltihility inll-acts shall be n-itigalcd tllrougll tllc inclusion ol~: (a) i~~litigation Vlcasures #1 ~F~llich sI>ccilics conllrltihilit~~ rc~luircnunts Ior l11c ~>rojx~scd industrial arts au~l li~~c/work lacilit};and (h) Mitir;-atioll Measure #G which sllccilics that tllc L-~LOnC 15 1'CStIICtCd to I15C5, a5 Set lol~dl llndCr the IISC PCI'Inll C<}nellrrend}' suhulitted tivith this ahhlicalivn, b}' a C~nulitional %oning ~lgrccnlcnt. i~(>1~', "1`I II~:RI~:F(>R1~;, 13I~: I'h Rh;St)L~'1~:I) as lvllo«~s: I he Gellera~ Pl;lll t~lliendlllCllt t0 ConlnlcCClal aS S~K)1v'll on the attached I~:1llihit ~-I arc hcrch}~ itlcorporated h}~ rclcrcncc. `?. "1'I-c General I'lau .'1u-c-ulu-cnt is 1-crcl~~' ad<~I~tc~l autl h~~ tl-r li->artl <~C Sul~crris«rs ~~I~ ll-c C->unti' <-I~ 13utlc a~ au~cn~ln-cnts tea tl-c 13utlc C<x-ut}~ (;c-icral 1'la-- L.-u-1 I'sc I~;lcn-cnl, sai-I A-ncn-l-i-cnts t<> lac tl-c laud usr Ix>licti~ for tl-e C<>ttnt}' <>C 13utlc in tl-r aCCeclc-1 area for all liu-lin~;s In-r~;uanl t<~ I:u~-. 13 h; I"h Fi'R"1'I II~:R RI~;St)I,~'I~;I), tl-at In-rsuanl t~> G~n•crnnu--t C:~xlc Scctivn GSc35~) tlr-t II-c General Plan lu' cn-l-~rsccl t-~ skx>~ti~ If-al llic alx>~~c a--icn<1---cnts I-a~~c~ lxxn a~~~n~~n°r-1 ln~ tl-is 13~ r u-<l. P:1'~SI~:I) :1\'I) :11)OP`l~l~a) h}~ ll-c I3ultc C-~t-nl)~ 13~>ar~I <~I~S--~>cr~~is-~rs ->-i ll-is 9th day of November 2004 byccthe following vote: ~YI~;S: Supervisors Houx, Josiassen, Yamaguchi and Chair Beeler t OI~:S: None ~113SI~;N'I~: Supervisor Dolan \O'I't'O"I'I\(;: None 4 ~ / ~ ;..~_. _ C.- R. J. 13cc(cr, CI I:'IIR~~I:1\~ 13uttc C<xu-t~~ 1~~>ar<1 ~>C ~uI-cr~~is~-rs '1"1"1'1~:`i~l~: Paul \1cIut<~sli, Cl-ic1~~1-]-uinistralirc OI~liccr an~i Clcrl: ~>I~ tlic 13<>ar~l ,; f , ~ .~ ,. h:~Pl~uinin:PRO,JI!C;'l~5\GP:~-Ilf\~'ILI.:1 U' <)IZt).0~3-03\131~R1~;S<}.~lc~c EXHIBIT A-2 o ~ ' '~r' c o ~,,- o o . O .=- -.. ~ - o / U DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY REVISED INITIAL STUDY AND PROPOSED 1VIITIGATED NEGATIVE DECLARATION FOR Steve Seidenglanz, Villa D'Oro Properties General Plan AmendmentlRezone & Use Permit (GPA/RZ 03-03 & UP 04-15) Project Nam¢ Steve Scidcn~lanz ~ general flan Amendment/Rezone & Use Permit ((~PA!It% 0 ,-.~ i ~'c UN 04-1 S~ COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES REVISED INITIAL STUDY FOR Steve Seidenglanz General Plan AmendmentlRezone & Use Permit 1.0 PROJECT INFORMATION A. A~plicantlOwner: Steve Seidenglanz_, Villa D' Oro Properties, LLC B. Project I2cprescntative: Michael Evans C. Staff Contact: Da^ Brecdon, Principal Planner (530) 538-7629, dbreedon(ti>,buttecounty.net D. Project Name: Seidenglanz- Villa D'Oro General Plan Amendment~Rezone and Use Permit E. Project Location: `I~he project is located on the northeast corner of 12`x' Street and Feather Avenue (previous Villa D' Oro Olive Oil Refinery buildings) in the Oroville area. F'. 'T'ype of flpplication(s); General Plan AmendmentJRezone & Use Permit G. Assessor's Parcel Numberfs}: 31-275-005 H. Project Site Size: 2.I0 {+,=) acres I. CurrentLoning: Agricultural Residential (A-R); C-2 (General Comme-~cial) proposed. J. General Plan Designation: "Low Density Residential' ; "Commercial" proposed. K. Environmental Setting: The property is currently developed with anon-operating olive oil refinery and a 900 square foot caretaker's quarters. The refinery ceased operations approximately ten yews ago. Seven existing buildings (of concrete and steel construction} occupy the site, ranging in size froi~n 425 to 7,000 square acct, and including a 4-story refinery building. A smokestack also occupies the site. Two stone pillars are located o^ the south side of the site and are the remains of the Northern Electric Railroad Depot. "I'evo tanks that are adjacent to the refinery building would be removed from the site. Much of the remaining area consists of a paved courtyard located between the buildings and a grassy area south of the buildings (proposed for a parking lot}. Several specimen-sized Palm trees are located on the site but vegetation is, for the most part, limited to ornamental grasses and shrubs, with a few oaks and other tees. Elevation is approximately 200 feet. Drainage is provided by drop inlets which convey storm water to existing drainage facilities under Feather Avenue and 12`x' street. Water and sewer supply is p~avided by the Thermalito Irrigation District. Large load electrical facilities and a 4-inch gas main serves the site. L. Surrounding Land Uses: The surrounding property consists of a residential neighborhood zoned Agricultural Residential and designated for Low Density Residential development by the General Pfau. M. Project Description: Use Permit: LJse permit to allow for light manufacturing uses and a 520 sq.ft. welding shop accessory to a Cultural Sh-dio, as provided for under the C-2 (General Commercial) zone. A request is also made to allow for 9 multiple family dwellings to be occupied as live/work dwelling units iu conjunction with the Cultural Studio. The ^ Butte County Department of Development Services ^ Flanning Division ^ Page 1 ^ Project Name: Steve Scidenglanz l~cneral Dian AmendmenURezone & Use Permit (GPA!R/, 03-u3 & UP o4-I5) livelwork dwelling units would be leased to artisans and craftsman who would live and work on site. `fhe applicant proposes to utilize the existing buildings (see project setting) at the site and modernize them where needed. Utilities, concrete flooring, aluminum siding, roofing, and insulation would be repaired or added as necessary. Additional building construction would be limited to the guest residence to be located above the concrete parking area adjacent to the four story tower building, a public restroom building adjacent to the proposed outdoor gallery, and the enclosure for the outdoor gallery. Renovations are proposed to remain in keeping with the themes established by the historical use of the site as an olive oil refinery and railroad depot. Existing industrial equipment associated with the old refinery would be removed, cleaned and situated indoors and outdoors as historical art pieces. A small museum displaying old refinery equipment with references to historical uses is also proposed. The four-story refinery building would be developed into (1) personal residence a~1d (1}guest residence. The existing 900 square foot caretaker's residence would remain. The facility is proposed to be open to the public for special events and exhibits which would showcase produced artwork. These events would take place in an indoor and outdoor gallery. Public restrooms and a 25 space parking lot with handicap parking would be provided. Access to the parking lot would be provided via Feather Avenue. Access would be provided via Corona Avenue to a public parking lot only during special events. A rezone from A-R (Agricultural Residential) to C-2 {General Commercial) and General Plan Amendment from Low Density Residential to Commercial has been submitted concurrently (GPA/RL 03-03}. General Plan Amendment/Rezone: Genera] Plan Amendment and Rezone from Low Density Residential to Commercial and a Rezone from A-R (Agricultural Residential) to C-2 (General Commercial). A Use Permit proposing an artist live/work facility (UP 04-I.5) has been submitted concurrently, NOTE: A Conditional Zoning Agreement, to be signed by the applicant, shall limit the use of the proposed C-2 zone to the uses specified within the Use Permit. Therefore, impacts associated with other uses allowed under the C-2 zone are. not addressed under this environmental review. 'T'his requirement is reflected as a mitigation under the Land lise Section of this Initial Study (and referenced in other sections where noted). N. Public A~ency Approvals: Butte County Environmental Health Division, Butte County Public b'~orks Department, Butte County Fire Lepartment/CDF, California Regional Water Quality Control Board. ^ Butte County Department of Development Services ^ Planning Division ^ Page 2 ^ I'rujcct Name: Stcvc Scidcnglanz ~,cnera) Plan AmendmenVRezune 6'c Use Permit (<iPArR1. 0.5-u3 & UP 04-15) 2.Q DETERMINATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [X~ I find that although the proposed project COliLD 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 au F,NVIRONMENTAL IlY1PACT 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 ENVIKONMENTAL 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 ritigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepare Breedon, Principal Planner Date ~'fi ~ I~eviewe ~ Joe Baker, Planning Manager Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [X] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [ ] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [X] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [X] 4.9 Land Use [ ] 4.10 Mineral Resources [X] 4.I1 Noise [ ] 4.12 Housing [X] 4.13 Fublic Services [ ] 4.14 Recreation [X] 4.15 Transportation,~Traffic [ ] 4.16 Utilities!Service Systems [X] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1 } A brief explanation is required for all answ=ers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A ` i'~Io 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 would not expose sensitive receptors to pollutants based on aproject-specific screening analysis.) ^ Butte County Department of Development Services ^ Planning Division ^ Page 3 ^ Project Name: Sieve Scidenglanz l~uicral Plan AmendmcndRezone & Use Permit {GPA/Rl OS-v~ & UP 04-1~) 2) All answers must take account of the whole action involved including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3} 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 the determination is made, an EIR is required. 4) "Negative Declaration: Less "Phan Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from °Potentially Significant Impact° to a "Less Than Si~~nificant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (miti~~ation measures from Section XVII, "Earlier Analyses," may be cross-referenced}. 5) "Reviewed Under Previous Document." 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 150G3 (c}(3)(D). In this case, a brief discussion should identity the following: a) Earlier Analysis IJsed: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were withi^ 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 ret7ned 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 ather sources used or individuals contacted should be cited in the discussion. g} The etiplanation 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 ^ Page 4 ^ Prujcct Nume titeve Seidenglzu~r t,cncral Plan ~lmendmcntlRezone & Use Permit ((iPA/RI Q±-u3 & UP o4-IS) 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICIVISUAL RESOURCES: ~'oul(~ the t'O JOSaI: Potentially Less Than Less Than ~'o IZcti~ic~ral p [ Significant Significant Significant Impact Under hnpact w°ith hnpact Prc~~ious Mitigation noon meat Incorporated a. 1 [ave 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 hi ~hway'? ~ e. 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 h areal Impact Discussion: With the existing residential uses found in the project area, no substantial conflicts with the established character or functioning of the surrounding community are anticipated. The development will be occupying existing buildings that were developed many years ago. Many of t11e buildings are proposed to be renovated, which could have a positive influence on the aesthetics of the site, which has been unoccupied for ten years. The site is not located along a State or County designated scenic highway. "The livetwork dwellings would have night lighting for safety and security reasons. However, this lighting would not cause a significant impact due to the low density of development (approximately 4 dwelling unitsiacre). This project would not affect a scenic vista nor have a demonsh~able negative aesthetic effect. Some of the uses associated with this artist live; work facility could potentially have ne~~ative aesthetic impacts if they were allowed to take place in view of the surrounding residential neighborhood. Welding activities are restricted to the interior of building "N" only; therefore, no impacts to the surrounding neighborhood are anticipated from this use. Light manufacturing uses associated with the fabrication of small-scale artistic creations would be permitted. This would include metalwork (in addition to the welding activity discussed above), grinding, woodworking, painting, printing, fabrication of linenslcloths, plastics and laminates and other industrial uses of a similar character. These activities would take place inside of the existing buildings and would be shielded From causing impacts to adjacent residential uses. Temporary outside storage associated with this facility would be permitted for the staging of received materials. C~arbat~e bins would be screened from view at all times. The following mitigation measure has been set-forth to ensure that aesthetic, compatibility, noise, traffic, hazard, and other impacts to the surrounding neighborhood remain insignificant: Mitigation Measure #l [n order to protect the surrounding neighborhood from impacts associated with aesthetics, noise, light, vibration and odors perform and maintain in full effect the following measures (Mitigation Measure #1}: a. Welding activities are restricted to the interior of building "N" only. Building N shall be completely enclosed during welding activities so as to restrict light and glare from welding activities from broadcasting to the surrounding neighborhood. b. Welding or any other type of open flame work is prohibited in any livetwork unit. ^ Butte County Department of Development Services ~ Planning Division ^ Page 5 ^ Project Name Steve Seidcnclanz ~,cneral Plan AmcndmenURezone & Use Permit (GPNRI 0~-vS c~ IiP 04-15} c. A live work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of die type commonly found in exclusively commercial or industrial facilities used for the same work activity. d. Liveiwork units and non-residential uses shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between liveiwork units and other occupancies as determined by the Chief Building Official. Any new construction, not reflected on the site plan, shall be required to maintain the following setbacks pursuanC Co the C-2 zone: • Side yard requirements: None, except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten { 10) feet. • Rear yard: None, except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten (10) feet. • Minimum front yard setback: Twenty (20) feet fi-om the edge of the ultimate right-of--way fiam alJ public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet ti~om the right-of-way. f. The applicant is required to submit a Hazardous Materials Business Plan to the Butte County Environmental Health Department as required by Chapter 6.95 of the California health and Safety Code. g. Storage of flammable liquids or hazardous materials in a live/work unit beyond that normally associated with a residential use is prohibited. h. No fabrication or construction of artwork shall Cake place outside that «rould create a noise level exceeding 65 decibels at the property line. i. Outside storage at this facility is prohibited. All supplies and storage materials shall take place inside of buildings at all times, j. Garbage bins shall be screened from view at all times. k. Noise levels shall be maintained at (5 decibels as measured at the property line at all times. 1. flours of operation for special events shall be limited to 8:00 am to 10:00 pm. m. No amplified music shall be allowed in conjunction with special events or other activities. n. The parking lot shall be landscaped in accordance with Section 24-240.10. (e) of the Butte County Code as follows: All open automobile parking areas that contain more than four (4} parking spaces and which abut upon a public street right-of--way shall provide landscaping to a depth of at least ten (10) feet of said street right-ot=way with openings for walkway or drive purposes in accordance with county standards. An additional five (5) percent of the gross lot area shall be devoted to landscaping. Each planter area shall be surrounded with asix-inch raised concrete curbing or equivalenC. An irrigation system shall be installed in each separate planter area. o. No vehicle maintenance or repair (e.g. body or mechanical work, including boats, motorcycles, and recreational vehicles, vehicle detailing and painting, upholstery etc.) is allowed. p, During special events the operator is required to ensure that adequate parking for the general public is available. Phis will be accomplished by providing a 1 ~ space parking lot available to the public on the northeast corner of the property. q. Any use that would be objectionable because of noise, odor, smoke, dust, bright light~glare, heat, noxious gasses, vibration, pollution, traffic congestion, unsafe access, or other public nuisance as defined under Butte C=ounty Code Section 32A-2, are prohibited. Plan Requirements: Comply with the listed provisions. Timing: The requirements of this mitigation will remain in full effect during all times of construction and operation of this facility. ^ Butte County Department of Development Services ^ Planning Division ^ Page 6 ^ Project Name: Steve Seidcnglanz l~ei~crul Plun :~mcndmcnUlZezone & Use Permit (GPAIItl, t)s-v.i & UP 04-I5) Monitoring: The Department of Development Services sha11 monitor compliance through routine inspection and reviews- ^ Butte CounCy Department of Development Services ^ Planning Division ^ Page 7 ^ Project Name: Steve Seidenglanr. ~~eneral Plan Amendmentlftezone ~ Use Permit (GPAlR% 0~-vi & UP 04-IS) 4.2 AGRICULTURE RESOURCES: ~''oulC~ the ro osal: Potentially Less Than Less Than M1'o Revierscd p p Significant significant significant Impact under Impact with Impact Precious I1litigation Document Incorporated a. Convect Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland}, as shown on the maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resaurces Agency, to non-agricultural use'? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract'? X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland, to non-agricultural use`? Impact Discussion: "I'he subject property is located in the Oroville Urban Area and is surrounded by residential uses. The subject property has been used for many years for industrial uses, including as a refinery for olive oil. 'This use has been discontinued for over ten years. Although the Agricultural Residential zoning supports the use of the property and surrounding property for accessory agricultural uses, the property is developed with industrial-type buildings and pavement, and does not include areas that would be suitable f`or agricultural uses. The surrounding property has been developed wide residential uses and is not suitable for any type of agricultural use except those uses incidental to residences, such as the keeping of small animals and gardens. The proposed use would not interfere with this type of agricultural use. The property not Located in a Williamson Act Contract. No impact is anticipated to agricultw~al resources. iVtitigation Measure: None required. ^ I3utte County Department of Development Services ^ Planning Division ^ Page 8 ^ Project Name: Stcvc Scidcn~lanz <<cncral Klan Amendmcnt/Nezonc & Use Permit (GPA;R% O -ui & UP 04-15} 4.3 AIR QUALITY: u'QUId the rO oSal: Potcntiully Less Than Less Thou No Reviewed p p Significant Significant Significant Impact under Impact with Impact 1'rcvious Mitigation Document tnairporatcd a. Conflict with er obstruct implementation of the applicable air quality plan`? X b. Violate any air quality standard or contribute substantially to an existing or rejected air uality violation'? X c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air X quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)'? d. Expose sensitive receptors to substantial pollutant concentrations'? X e. Create objectionable odors affecting a substantial nwnber of people? X Impact Discussion: 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. hz 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" nonattaimnent arras for the state standards for ozone (03) and fine particulate matter (I'M 10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Vehicle traffic generated by the project site would result in a cumulative impact on air quality created by the increase in vehicle emission. Additional air quality impacts could be caused by the use of wood burning devices in the new residences. The proposed faun lots are well below the 97-lot threshold established by the Butte County Air Quality Management District for additional air-quality analysis (1997 Air Quality Attainment Plan). The project may create fugitive dust emission during site development activities, such as grading, excavation for foundations and utilities, and other soil work. The Butte Cotmty Air Quality Management District (BCAQMD) recommends incorporating measures to control fugitive dust emission for all road and other construction activities during project development, using such methods as site and driveway watering and/or use of other acceptable soil palliatives. Mitigation Measure # 1 is recommended that requires a note be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states dust control measures shall be take^ during site development activities. Mitigation Measure # 2: Place a note on a separate document which is to be recorded concurrently with The map or on an additional map sheet that states: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, ar transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include; wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. ^ Butte County Department of Development Services ^ Planning Division ^ Page 9 ^ Project Name: Steve Seidenglanz i~cncral Plan AmendmenURenme & Use Permit (C;PrVR! 0~-~~3 b: UP 04-IS} Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation." The developer shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the BCAQMD shall also be visible to ensure compliance with BCAQMD Rule 200 and 205 (Nuisance and Fugitive Dust Emissions). 'The applicant shall be required to submit a Hazardous Materials Business Plan to the Butte County Environmental Health Department as required by Chapter 6.95 of the California Health and Safety Code. Storage of 17ammable Liquids or hazardous materials beyond that normally associated with a residential use is prohibited. Plan Requirements: All requirements shall be shown an building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that mitigation is implemented. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. ^ Butte County Department of Development Services ^ Planning Division ^ Page 10 ^ Project Name: Stcvu Seiden~lanz ~~„neral Plan AmendmenURer,one & Use Permit (GPNR"l. Q~-., 3 & UP (74-I5) 4.4 BIOLOGICAL RESOURCES: Wauld the proposal: Potentially significant I.ess'I'han Sgnlficant Less Than significant \o Impact Reviewed I~nder Impact with Impact Previous ~1litigation llocunicnt Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California X Department of Fish and Game or [1.S- Fish and Wildlife Service'.> b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service'? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, X etc.} through direct removal, filling, hydrological interruption, or other means)'? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, X or impede the use ofnative wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy X ordinance'? f. Conf]ict with the provisions of an adopted Habitat Conservation Plan, Natural Conununity Conservation Plan, or other approved local, regional, or state habitat X conservation plan'? ~. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered species of animals'? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or X invertebrates)? i. A deterioration of existing fish or wildlife habitat (for fora~in~, breeding, roostin =, nestin =, etc.)? X j. Introduction of ban-iers to movement of any resident or migratory fish or wildlife s ecies'? X k. Introduction of any factors (light, fencing, noise, human presence andlor domestic animals} which could hinder the X normal activities of wildlife? Impact Discussion: The project is a developed property located in the Oroville Urban Area. The property, and vicinity, is not suitable for wildlife habitat or any other natural resources such as wetlands or riparian areas. ^ }3utte County Department of Development Services ^ Planning Division ^ Page 11 ^ Project Name: Steve Scidenglanz ~~cneral Plan Amcndmenbl~ezone & Use Permit (GNn%Itl. (h-,~.i & UP 04-15) The Ca]ifornia Natural Diversity Database (CNDDB Raretind 2, Government Version, Jan-D2-2003) was reviewed to determine if any special status species or habitats occur on the project site or in the project area. The CNDDE3 sho4ved no occun~ences of any special status species or habitats on the project site or vicinity. This project does not have the potential to have a significant impact to fish or wildlife habitat The collection of Department of Fish and Game fees pursuant to Fish and Game Code Section 71 ] .~ and 14 CCR 753.5 is not required. Miti~atiQn 1Vleasure: None required. ^ Butte Coanty Department of Deve]opment Services ^ Planning Division ^ Page 12 ^ Project Name: Steve Seidcnglani ~~cneral Plan Amei~dmenL/Rero~~e & Use Nerniit ((;P,1iK7 0~-~~3 & IMP U4-IS) 4.5 CULTURAL RESOURCES: WOUIC~ the lC0 }OSaI: Potcutiall~ Less Than Less Than A'o Recicwcd [ ( Significant Significant Significant Impact lender Impact with Impact Prc~~ious Mitigation Document I ncirrporatcd 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 e. Directly or indirectly destroy a unique paleontological resource or site or uni ue geologic feature'? X d. Disturb any hwnan remains, including those interred outside of formal cemeteries'? X Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human-made site, abject (i.e., artifact), or feature that defines and illuminates our past. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water. The project site is located in the lower foothills and the east side of the Remainder Parcel does overlook Ruddy Creek, which may have been utilized by Native American Indians. According to Butte County constraints mapping, the project site is located in an area considered to have a low to moderate archeological sensitivity. Disturbance of the soils for the installation of utilities and infrastructure may uncover and disturb cultural resources that lie below the ground surface. [n order to protect cultural resources Mitigation Measure # 3 is recommended that requires all development activity on the site halt and the County and a qualified archaeologist be notified in the event any cultural resources are encountered during the course of development activities. Mitigation Measure #3: Should grading activities reveal the presence of culhual resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately rmtil a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: "Phis note shall be shown on all site development and building plans. 'himing: This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Flanning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. ^ Butte County Department of Development Services ~ Planning Division ^ Page 13 ^ I'ri~ject Name: Steve Scidcnglanz ~~cncral Plan AmendmcnURezune & Use Permit (GPAIRL o?-v3 & UP 04-IS) 4.6 GEOLOGIC P120CESSES: VVOUICI the ~CO[)OSd~: Potentialh~ Significant Less "Khan Significant Less 'Than Significant ~o Impact Rc~~icwcd Under Lnpact with Impact Pre~~iuus Mitigation Uocununt Incorporated a. Expose people or stt-uctures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1, Rapture of a known earthquake fault, as delineated on the most recent Alquist-Prialo Earthquake Fatilt X Zoning Map issued by the Slate Geologist for the area or based on other substantial evidence of a known fault`? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking'? X 3. Seismic-related ground failure, including liquefaction? X 4, Landslides'? X b. Result in substantial soil erosion or the loss of to soil? X c. Be located on a geologic unit or soil that is wistahle, or that would become tmstable as a result of the project, and potentially result in on- or oft=site landslide, lateral X spreading, subsidence, liquefaction or collapse'? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial X risks to life or ro erty'? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste X water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. Thr' site is not within an Alquist-Priolo Earthquake fault zone and is not within an after shock epicenter region (Butte County GIS Epicenter Regions theme}. The only known active fault in Butte County is the Cleveland Hill fault zone, located approximately ?miles southeast of the project site, where activity on August 1, 1975, resulted in the Oroville earthquake. This earthquake had a Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. In the northwest corner of Butte County near Chico there are a series of short, north-northwest trending faults similar to the Cleveland Hill fault. These faults appear to be an extension of the Bear Mountain Fault or Foothills Shear Zone. Minor seismic activity has occurred in the aeea of these short faults; however, other geologic evidence indicates these faults are not active (Butte Cotmty General Plan 1977). The 80-mile-fang Midland-Sweitzer fault is located approximately 40 miles south-southwest of Butte County. This fault is considered active and has caused historic earthquakes of Richter magnitudes between 6 to 6.9 in the area in 1892. There is some speculation as to the exact location of the historic earthquake epicenters and some question if they actually occurred on the Midland-Sweitzer fault (Butte County, 1977). Approximately five miles west of Butte County there is a north trending fault system known as the Willows fault. This fault is approximately 40 miles long and displaces Cretaceous sediment in the Sacramento Valley. It does not appear to displace surface sediment and has been mapped principally by geophysical methods. However, there have been enough historical seismic events in the vicinity of this fault to conclude that it should be considered potentially active (Butte County General Plan 1977). ^ Butte County Department of Development Services ~ Planning Division ^ Page 14 ^ Project Name: Stcvc Scidcnglanz ~,cncral Plan :lmendmcnURezone & Use Permit (GPAIIZ% Or~~~ & UP 04-15) A moderate earthquake occurred on the afternoon of Friday, August 10, 2001, centered about nine miles west of Portola, California, and about 55 miles northeast of the project site. Very ]itt]e damage occurred as a result of this earthquake, which was had a magnitude of 5.5, but brief groundshaking was felt in Chico during the earthquake and the aftershocks. This earthquake occurred in the Mohawk Valley Fault Zone, and this area of California experiences a magnitude five or higher earthquake approximately every 20 years, according to the University of California, Berkeley Seismological Laboratory. Historical events in the area include the following: Table 1 Historical Seismic Events near Recent Portola Event Near Portola -Mohawk Valle Fault Zone Year Magnitude Location 1875 6.2 40 km to the NNE near Janesville 1888 6.2 20 km to the SSW near Blairsden 1959 5.6 40 km to the ESE near Verdi 1966 6.0 60 km to the SSE near Truckee S'ource' Aclaprerf front information pro~~ir(er! br the C'nlifo~~nrn f~irrsiorr of Mines nnc! Geolagl' nnrt posted on Nu: [i('-(3e~~kelc~~ 3eisnmfogiccrt Luborator~'Fi~ehsi(e('~f1/> n_i i ~,"_ ',~ ;c (rr_~~lir,<tnin). Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, ali buildings and other improvements would be designed and installed in accordance with Uniform Building Gode requirements. Because the project appears to be located such that the probability of significant groundshaking is low, because the project does not propose the addition of significant structures that would be at risk to seismic activity, and because any structures that are built during the course of the project would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zane, potential geologic impacts would be less than significant. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally low potential for liquefaction. The impact would be less than significant. A11 new structures placed on the project site would comply with applicable portions of the Uniform Building Code as adapted by Butte County, which would mitigate any potential impacts resrdting from any sort of ground fail~n~e. 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. There is a moderate potential for soil erosian on the project site (Butte County General Plan GIS data). The site is substantially level Large amounts of grading, which have the potential to create significant amounts of soil erosion, are not anticipated in conjunction with this project. Standard construction techniques are required as part of the construction process of this site, which would help prevent significant soil erosion impacts. Due to the limited amount of development that would be allowed by the project, t11e lack of any significant slopes on the site, and due to the soil type, the project would not result in significant soil erosion impacts The Conservation Element's Expansive Soils Map indicates that the project site has a moderate expansive soil potential The Butte County Building Division may require soil tests prior to issuance of a building permit to determine if the soils on the site have an expansive patential. The project would not involve the use of on-site septic systems because sewage disposal for the future dwellings and restrooms on the project site would be handled through a public sanitary sewer system {TID). Mitigation Measure: None required. ^ Butte County Department of Development Services ^ Planning Division ^ Page 15 ^ Project Namc: Stcvc Scidcnglanz i,eneral Plan ~mcndmenvRezonc & Usc Permit (GPA1Rl, oa-v i & UP o4-I S) 4.7 HAZARDS AND HAZARDOUS MATERIALS Would the proposal: Notentially Significant Less Than signircant Less Than Significant No -mpact Revicrr~ed l~ndcr Impact with Impact 1're~ious Mitigation Uocununt Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal X of hazardous materials'? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into X the environment? e. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X c uarter mile of an existing or proposed schools'? d. Cie 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 X significant hazard to the public or the environmenf? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X result in a safety hazard for people residing or working in the project area'? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the ro'eet area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X placi? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where X residences are intermixed with willdlands'? Impact Discussion: The project site is not listed on the California Department of Toxic Substances Control Hazardous t~'aste and Substances Site List (Cortese List} and is not near any listed sites or sites known ar suspected to contain hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials, No impact is anticipated. 'The Environmental Health Division commented that their office was aware of discharge of apparently hazardous materials at t}1is site in the early 1990s. Environmental Health recommended contacting the Regional Water Quality Control Board regarding this possible incident The Regional Board was contacted with regard to this incident. The Regional Board commented that they had no records of any contaminants on the site (personal conununication with Ray Bruun, Regional Water Quality Control Board, -Dan C3reedon). The project is not located within Compatibility Zone "D" of the Oroville Airport. Compatibility Zone "D° is the least restrictive compatibility zone because it is the furthest away from airpart flight patterns and runways. There are no land use restrictions associated with Compatibility Zone "D". No impact wauld occur. The project is not located in a State Responsibility Area (SRA), or is lacated in an area prone to wild land fire. No impact would be incurred. ^ Butte County Department of Development Services ~ Planning Division ^ Page 16 ^ Project Name: Steve Seidenglanc i,cnerul Plan AmendmcnVRezone & Use Permit (CiPR/IU', 0~-~.~ & UN 04-I ~} The applicant shall be required to submit a Hazardous Materials Business Plan to the Butte County F,nvironmental Health Department as required by Chapter 695 of the California Health and Safety Code. Storage of flanunable liquids or hazardous materials beyand that normally associated with a residential ase is prohibited. These requirements shall be a condition of the Use Permit and are also reflected as a mitigation measure under Mitigation tileasurc #l. The project would not interfere with an adopted emergency response plan or emergency evacuation plan. No impact would occur. Access to all parts of the facility shall be made available to emergency vehicles at all times. This would include the entrances on 12`t' street, Corona Avenue, and Feather Avenue. This requirement is set-forth below as a project mitigation measure. The project site is not located within the State Response area (SRA) for wildland fires. Mitigation Measure #4: Access to all parts of the facility shall be provided to emergency vehicles at all times. >/ntrances to the facility on Feather Avenue, 12`x' Street, and Corona Avenue shall be available for the use of responding emergency vehicles. Plan Requirements: This note shall be shown on all site development and building plans, Timing: This measure shall be implemented during all site development activities and operation. Monitoring: The Department of Development Services shall ensure compliance in cooperation with E3utte County lire and local agencies. ^ Butte County Department of Development Services ^ Planning Division ^ Page 17 ^ Project Name: Steve Scidcnglunz ~,cncral Plan Amendment%Rczonc & Use Permit (GP,1lR7 0,-ts & UP 04-1 5} 4.8 HYDROLOGY AND WATER QUALITY: I'otentiall~ Less Than Less `T'han \o Retiicwed ~VOUICI tihC' pt'OpOSaI<: Significant Significant Significant Impact Under Impact with Impact Precious Mitigation Uocununt Incorporated a. Violate any water quality standards or waste discharge re uirements7 X b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level {e.g., the production rate of X preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which pernvts have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a X stream or river, in a manner which would result in substantial erosion or siltation on- oroft=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 X of surface runoff in a manner which would result in flooding on- arnff-site'? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted nlnoff? f. Otherwise substantially degrade water quality'? X ~. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood X Insurance Rate Map or other flood hazard delineation map`? h. Place within a 100-year flood hazard area struchues which would impede or redirect flood flows'? X i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a X result of the failure of a levee or darn? j. [nundation by seiche, tsunami, or mudflou%? X Impact Discussion: All wastewater generated by the future dwellings on the site would be handled through a public sewer system (Thermalito Irrigation District (TID)). Domestic water supply for future dwellings on the project site is proposed to be obtained fiam the Thermalito Irrigation District. No significant impacts to groundwater supplies are expected to occur. The Butte Caunty Public Works Department requires that the applicant submit a plan for a permanent solution for drainage in the event of any new building construction. The plan would specify how drainage waters shall be detained an-site andtor conveyed to the nearest natura] or publicly maintained drainage channel or facility. The plan is also required to shave that there will be no increase in the peak flow of storm water runoff fi•om the site. With the inclusion of this mitigation measure, no significant impacts would occur to off-site drainage facilities. ^ Butte County Department of Development Services ^ Planning Division ^ Page 18 ^ Project Name: Steve Scidenglanz ~,cneral Plan AmendmentlRezone & Use Permit (GPAiR7, 0~-~~3 & UP 04-1 5} The project site is not within a tlaod way or a 100-year flood zone (Federal Emergency Management agency's Flood Insurance Rate Map 060070-07900, dated June 8, 1998). Therefore, no people or structures on the site tivould be subject to flooding. The property is not located in an area prone to seiche, tsunami, or mudtlow. NQ impact would occur with respect to these natural hazards. Mitigation Measure #5: Prior to the issuance of building permits for any new buildings 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 t]ow runoff to said channel or facility. Plan Kequirements: "1'he applicant shall submit the required drainage plan to the Public Works Department for review and approval. 'Timing: The drainage plan shall be approved prior to the approval of any new building permit. Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation ^ Butte County Department of Development Services ^ Planning Division ^ Page t9 ^ Project Name: Steve Scidcnglanz Ucncral Plan f~mcndmcnURezonc & Use Permit (GP,4iRI, 03-03 & UP U4-I>~ 4.9 LAND USE: Potentially Less Than Less Than A'o Re~~icsccd WOLIICI the pr+Dposc~l: Significant Significant Significant Impact ['ndcr Impact with Impact 1'rcFious Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for die purpose of avoiding or nutigating an environmental effect? c. Conflict with any applicable habitat conservation plan or nahtral community conservation plan'? Impact lliscussion: The project is located within the City of Oroville's Sphere of Influence and is in the Oroville Urban Area. The City commented that Oroville's Zoning Map and General Plan designations for the site and vicinity allow single-family residential uses at a density not to exceed 6 dwelling units per acre. The City set forth recommended conditions (or inclusion on the Use Permit, which have been incorporated into the recommended mitigation measures and conditians of the Use Permit (see Mitigation Measure #1, and full listing of mitigations in Initial Study Section V). The proposal to rezone this property to a commercial use and change the General Plan designation to Commercial would provide better conformity of the existing development, and potential uses, to the County's General Plan and zoning ordinance. Historical information shows that this property has been utilized for uses other than residential fiom at least 1900 onward. The applicant had originally proposed an industrial designation for the site, which the County rejected as incompatible with the surrounding area. The proposed General Commercial zone can exist alongside the adjacent residential uses provided the uses are restricted to those proposed tinder the use permit. Given the extent of existing non-residential development of this site it is unlikely that it would ever be used 1'or the Agricultural- Residential uses for which it is currently zoned. The change in designation to commercial is viewed as consistent with the proposal and compatible with the surrounding residential uses. The Commercial zone nevertheless includes uses that are not proposed under this Use Permit. Staff is, therefore recommending that a Conditional Toning Agreement be executed, limiting the C-2 zone proposed to the uses described by the Use Permit, and subject to al] of the mitigations and conditions associated with the Use Permit. "i'his requirement, which has been set forth below as a project mitigation measure, would make the proposed use and zone compatible to the adjacent residential neighborhoods because it limits the development of other uses and places the same restrictions on the zone as would be reflected on the Use Permit. The property is not within a habitat conservation plan or natural community conservation plan. No impact would occur. Mitigation Measure #6: A Conditional Zoning Agreement, between the County and applicant, shall limit the use of the proposed C-2 zone to the uses specified within the Use Permit project description as follows: This G2 (General Commercial} zone is restricted to the following uses: a. Light manufacturing uses and a 520 sq.ft, welding shop accessory to the Cultural Studio and Liveiwork Units, as provided for under the C-2 (General Commercial) zone. ^ Butte Cotmty Department of Development Services ~ Planning Division ^ Page 20 ^ Project Name: Stcvc Scidcnglanr. l,cncral Plan AmendmendRezonc & Use Permit (GPAIRI 03-u3 & UP Od-IS} b. 12 multiple family dwellings with (9} to be occupied as livelwork dwelling units in conjunction and accessory to file Cultural Studio, (1) to be used as an owner occupied residence, (1} guest residence, and {1) caretaker's residence. The live work dwelling units to be leased to artisans and craftsman who would live and work on site. c. `fhe applicant to utilize the existing buildings at the site and modernize them where needed. Utilities, concrete flooring, aluminum siding, roofing, and insulation would be repaired or added as necessary. d. Additional building construction would be Limited to the guest residence to be Located above the concrete parking area adjacent to the four story tower building, a public restroom building adjacent to the proposed outdoor gallery, and the outdoor enclosure associated with the outdoor gallery. e. Renovations are proposed to remain in keeping with the themes established by the historical use of the site as an olive oil refinery and railroad depot. f. Existing industrial equipment associated with the old refinery to be removed, cleaned and situated indoors and outdoors as historical art pieces. g. A small museum displaying old refinery equipment with references to historical uses. h. Facility to be open to the public for special events and exhibits which would showcase produced arhvork and crafts. These events would take place in an indoor and outdoor gallery. i. A 25 space parking area would be provided for live/work residents and their guests with access from Feather Avenue at locations approved by the Department of Public Works. j. All special events shall be subject to the approval of an administrative permit pursuant to Butte County Code Section 24-300. k. An additional 15-space parking area would be provided with access to Corona Avenue for special events. This area would be allowed to be used as a staging area for deliveries when special events are not being held. 1. Lone to be subject to all conditions and mitigation measures placed upon the Use Permit. flan Requirements: Comply with the Conditional Zoning Agreement at all times during construction and operation. "Timing: Conditional Zoning Agreement to be signed by the applicant and County prior to F3oard of Supervisor approval of rezone ordinance and General Plan .Amendment. Monitoring: The Department of Development Services shall ensure compliance. x.10 MINERAL RESOURCES: WOUItI tale CO OSaI: Potentially Less Than [.ess Than No Itevicw~cd p ~ Significant Significant Significant Impact t'ndcr Impact with Impact Previous 1litigation Document Incorporated a. Result in the loss of availability of a known mineral resow-ce that would be of value to the region and the X residents of the state`? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general X plau, specific plan, or odler land use plan'? ^ Butte County Department of Development Services ^ Planning Division ^ Page 21 ^ Project Nome: Slew Scidcnglanr C~cneral Plan /~mendmcnt/Rezoiic & Use Permit (GPA!IZ/, Q3-~~S & UP 04-I5) Impact Discussion: The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. The project is Located within an area where there are little or no mineral resources currently being extracted. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. ^ Butte County Department of Development Services ~ Planning Division ^ Page 22 ^ Project Name;; Sicvc 5cidcnglanz ~ ~cncral Plan ,~mcnd~~~ci~URczonc & USC Pcri7~it {GPAlI27. O -v3 & UP 04-1 S) 4.11 NOISE: WOU~CI 1r~1C pPOpQSaI: Potentially Significant Less Than Significant Less Than Significant A'o Impact Rcvie~sal t!ndcr Impact with Impact Prc~~ious Mitigation Uocumcnt Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X noise ordinance, or a plicable standards of other a Jcncies? b. Exposure of persons to or generation of excessive ground X borne vibration or ground borne noise levels'? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X project'? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X without the project'? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X expose people residing or working in the project area to excessive noise levels'? f. For a project within the vicinity of a private au-strip, would the project expose people residing or working in X the project area to excessive noise levels'? [mpact Discussion: "l'he project site is located in a suburban area with generally low noise levels and is not sub_jeet to any signit~eant continuous noise. Some of the permitted uses can generate noise levels that are not associated with residential ~ueas. The facility would be open to the genera] public for special events and exhibits which would showcase produced artwork. These events would take place in an indoor and outdoor gallery. Noise levels from these events may impact surrounding residential uses. For this reason Mitigation Measure #1 has been set forth that includes measures to ensure that noisy activities take place inside of buildings and that noise levels at the property line do not exceed 6a decibels. Hours of operation for special events are also limited to 8.00 am to 10:04 pm, and no amplified music shall be allowed in conjunction with any activity. Construction activities on the site would temporarily generate high noise levels on and adjacent to the project site intermittently during project development activities. "This construction noise would not have a significant impact on nearby residents because the noise would be intermittent and short-term in nature. Mitigation iV[easure: See Mitigatiar Measure #1 ^ Butte County Department of Development Services ~ Planning Division ^ Page 23 ^ Project Nanic: Sleve Scidcnglanz c,cneral Plan AmendmcnC/Rezone & Use Permit (GPn/IZ% Q3-u3 & UP 04-IS) 4.12 HOUSING: WOUId t~1 E PO OSa~: Potentially Less Than Less Than No Revie~~rd 1 ~ p Significant Significant Significant Impact t`nder Impact with Impact Precious Mitigation Document Incorporated a, Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of X roads or other infrastructure'? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere'? e. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere'? X Impact Discussion: Butte County population has grown at a rate at or below all official population projections for the bast 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171. The percentage increase in population for Butte County between 19)0 and 2000 was 1 L6`%>, an equivalent of a l.l~% annual compounded growth rate. The proposed Tentative Parcel Map would create 11 new residential units and has the potential to add an estimated 29 people to Butte County (12 dwelling units x 2.414 personsiunit -assuming all occupants are new residents to Butte County}. This is not considered a significant amount and is consistent with the estimated I .l `%~ annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with the surrounding area. The project would not displace individuals or housing. No impact would occur. R'titi~ation Measure: None required. ^ Butte County Department of Development Services ~ Planning Division ^ Page 24 ^ Prujcct Names Steve Scidcnglanz ~~eneral Klan AmendmenURerone & lJse Permit (GPniRl 0.5-v3 & UN 0~-I ~) 4.13 PUBLIC SERVICES: Potentially Less Than Less Than n'n Re~icwed ~VOU~CI the pPOtIOSa~: Significant Significant Significant Impact l4ider Impact with Impact Pres~ious Mitigation Uucumcnt Incorporated a, ti~~ould the project result insubstantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered ~ovetnmental facilities, the construction of which X could cause significant enviromllental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services'? b. Fire protection'? X c. Police Proteetioti? X d. Schools'? X c. Parks'? X f. Other public services'? X Impact Discussion: The project site is located in an area designated as an unclassified fire hazard area, indicating the site is in an w-ban area (Butte County GIS Fire Hazards shapefile theme}. The project site is within an urban area, where pressurized water is available. The project site is not within the State Responsibility Area (SRA). The California Department of Forestry indicates that a pressurized community water system for fire protection is required. CDF also requires that plans and specifications be provided to the Butte County Fire Marshal to determine compliance with fire and life safety standards of Titles l9 and 24, California Code of Regulations; and that all building identifcation and addressing comply with Public Resources Code Section 4290. "These requirements have been reflected below as a Mitigation Measure for this project. "The proposal would result in 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. Butte County Code requires that Sheriff impact fees be paid prior to issuance of building permits for any new dwelling waits placed on the project site. The proposal would result in an incremental demand for school facilities in the area. The project site is located in the Thertnalito Union School District and the Oroville Unified School District. A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits. While school districts maintain that those fees do not fully mitigate the impacts of housing projects, the County is precluded from imposing additional fees or mitigation by state legislation. Mititation Measure #7: Perform the following to the satisfaction of the California Department of Forestay: Building identification and/or addresses shall be installed in conformance with Public Resow-ces Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing 300 feet, hydrant size 6 inches, and residual fire flow 2000 gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. Provide plans and specifications to the Butte County Fire Marshal to determine compliance with Fire and life safety standards of'Titles 19 and 24, California Code of Regulations. ^ Butte Cotmty Department of Development Services ^ Planning Division ^ Page 25 ^ Project Namc: Step=e Scidcn~lanz General Klan .~rncnilmenURczone & Ilse Permit (GPAIRL 03-03 & UP 04-I S) Plan Requirements: Requirements shall be complied with during all tunes of construction and operation. Timing: Requirements sha11 be applicable prior to all operations. Monitoring: 'The Department of Development Services sha]1 ensure compliance in conjunction with Butte County Fire. ^ Butte County Department of Development Services ^ P]anning Division ^ Page 26 ^ Project Name: Steve Scidenglanz (~cneral Plan ~lmendmenVR~rone & Use Permit (GPNK% 03-„~ do UP 04-IS) 4.14 RECREATION: Would the ro osal: ~~otent~~uy ~.ess ~rhan ~.ess 7•han ~~ ae~;e~~~ed p p signHieanc Significant s~g~~~rean~ tn,pact under Impact with Impact Nrc~~ious Mitigation Uocununt Incorporated a. 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. Include recreational facilities or require the consriltetion or expansion of recreational facilities which nvght have an X adverse physical effect on the environment'? Impact Discussion: The project's contribution of 12 residential units may cause a minor increase in fl1e usage of parks and other recreational facilities in the Oroville area. The minor increase would not cause a significant impact to parks and other recreational facilities. The project includes recreational aspects that would provide for additional recreational opportunities for residents in the Oroville area. Mitigation Measure: None required. ^ Butte Cormty Department of Development Services ~ Planning Division ^ Page 27 ^ Priiject Name: Steve Scidcnglanz l,cncral Klan .~mcndmcnUNczonc & Use Permit (tiP~VR/, 03-u3 & UN 04-15) 4.15 TRANSPORTATION/TRAFFIC: V~'~C?UICI t~18 pl'O~IOSII: Potentialh~ SiguHicant Less Than Sip,oificaut Less Than tiignilicant A'o Impact Itccictivcd t~ndcr Impact with Impact Prc~iuus ~7itigation Uocununt Incorporated a. CaUSe all 111CCCaSe nl tl'alflC Wh1Cl1 1S SUbStantlal nl 1'elah011 to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of X vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X many cement a ~ency for designated roads or highways`? e. Result iu a change in air n-affic patterns, including either an increase in traffic levels or a change in location that results X in substantial safety risks'? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses (e.~;., farm ec tzi ment)'? e. Result in inadequate emergency access? X f. Result in inade irate arking capacity'? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks}'? Impact lliscussion: Feather Avenue is classified as a minor collector roadway, and also has very low traffic volumes. This road is operating at a Level of Service of "C" or better, and no significant traffic ciretdation problems are taking place in this area. The proposed map would create 12 new residential units. Thus, the project has the potential to generate approximately 120 additional traffic trips per day based upon 10 vehicle trips/day per dwelling unit as determined by the 7ri/~ Generation Manual of the Institute of Traffic Engineers for a single family residential use. The increase in vehicle traffic generated by the project would not cause any significant impacts to vehicle circulation in the area or result in a significant impact to levels of service. E3utte County Code Section 24-240 {b} requires two off-street spaces per dwelling= Since the facility would include I2 residential units a total of 24 parking spaces would be needed for parking. "The applicant shows a 25 car parking lot on the south portion of the property. The project, therefore, complies with the County's parking requirements. This project would not conflict with accepted policies, plans or programs supporting alternative transportation. During special events the operator is required to ensure that adequate parking for the general public is available. This will be accomplished by providing a IS space parking lot available to the public in the northeast corner of the project site adjacent to Corona Avenue. This requirement is reflected under Mitigation Measure #1. 1lTitigation Measure: See mitigation measure #I. ^ Butte County Department of Development Services ~ Planning Division ^ Page 28 ^ Project Name: Steve Seidenglanz General Plan Amcndmenb'Rcume & Use Permit (GPAiK"I, Q3-rt3 & UP t14-1~} 4.16 UTILITIES AND SERVICE SYSTEMS: ~~ould the proposal: Potentially significant Less Than Significant Less Than significant ~'o Impact Reviewed Under Impact with Impact 1'rccious Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the ap licable Re ~ional Water Quality Control Board'? X b. Require or result in the conshz~etion of new water or wastewater treatment facilities or expansion of existing X facilities, the consh-action of which could cause significant environmental effects? e. Require or result in the construetiou of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant X environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X new or ex anded entitlements needed'? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand X in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the roject's solid waste disposal needs'? X g. Comply with federal, state, and local statutes, and regulations related to solid waste? X Impact Discussion: Sewage disposal for the future livelwork dwellings on the site would be handled by a public sanitary sewer system (TID). The project would not have a significant impact on any wastewater treatment facilities- The applicant shall he required to receive a will serve letter from TID prior to Use Permit issuance as a condition of the tJse Permit. Domestic water supply for the future dwellings on the site would be obtained from a public water system (TID). The project would not have a significant impact on any water treatment facilities. No additional storm water facilities would be necessary as a result of this project. The project would increase the stream of waste being deposited in the Neal Road Landfill by a minor amount. 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 would not have a significant impact on solid waste disposal. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste. Mitigation Measure: None required. ^ Butte County Department of Development Services ^ Planning Division ^ Page 29 ^ Priiject Name: Steve Scidcnglanr l~cneral Plan AmcndmenURezone & Use Permit (GPA!I2% 03-ui & UP 0~-1 ~) 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065}: WOA~CI the proposill: Notentially significant Less Than Significant Less Than significant ~o Impact Nericrred Under Impact with Impact 1'rcriuus ~Iftigation Uocunrent Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a ~ plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or rehistory'? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a X 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)'? c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either X directly or indirectly`? The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.1 -Aesthetic!Visual Resources, 43 -Air Quality; 4.5 -Cultural Resources; 4.7 Hazards, 4.8 -Hydrology and Water Quality, 49 -Land Use, 4.11 -Noise, 4.13 -Public Services, 4.15 - Transportation. Cumulative impacts to these areas would be mitigated due to the inclusion of Mitigation Measures 1 through 3 as itemized under Section 5 -Mitigation Measures and i~'Ionitoring Requirements. ^ Butte County Department of Development Services ~ Planning Division ^ Page 30 ^ Project Name: Steve Seidcnglanz e,eneral Plan AmendmcndRezone & tJse Permit {GP ~/R% 03-v3 & UP 04-I5) 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure #1 In order to protect the surrounding neighborhood from impacts associated with aesthetics, noise, light, vibration and odors perform and maintain ir1 full effect the following measures (Mitigation Measure ~l ): a. Welding activities are restricted to the interior of building "N" only. Building N shall be completely enclosed dw•ing welding activities so as to restrict light and glare from welding activities from broadcasting to the surrounding neighborhood. b. Welding or any other type of open flame work is prohibited in any live/work unit. c. Alive/work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of die type commonly found in exclusively commercial or industrial facilities used for the same work activity. d. Live/wark units and non-residential uses shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between liverwork units and other occupancies as determined by the Chief Building Officiah e. Any new constuction, not reflected in the site plan, shall be required to maintain the following setbacks pursuant to the C-2 zone: • Side yard requirements: None, except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten (10} feet. • Rear yard: None, except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten (10) feet. • Minimum front yard setback: Twenty (20) feet from the edge of the ultimate right-of=way from all public or private roads except where die road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet from the right-of-way. f. The applicant is required to submit a Hazardous Materials Business Plan io the Butte County Environmental Health Department as required by Chapter 6.95 of the California Health and Safety Code. g. Storage of flammable liquids or hazardous materials in a live%wark unit beyond that normally associated with a residential use is prohibited. h. No fabrication or const-uction of artwork shall take place outside that would create a noise level exceeding 65 decibels at the property line. i. Outside storage at this facility is prohibited. All supplies and storage materials shall take place inside of buildings at all times. j. Garbage bins shall be screened from view at all times. k. Noise levels shall be maintained at 65 decibels as measured at die property line at all times. 1. Hours of operation for special events shall be limited to 8:00 am to 10:00 pm. m. No amplitied music shall be allowed in conjunction with special events or other activities. The parking lot shall be landscaped in accordance wide Section 24-240.10. (e) of the Butte County Code as follows: All open automobile parking areas that contain more than four {~) parking spaces and which abut upon a public street right-of--way shall provide landscaping to a depth of at least ten (10) feet of said street right-of--way with openings for walkway or drive pwposes in accordance with county standards. An additional five (5) percent of the gross lot area shall be devoted to landscaping. Each planter area shall be surrounded with asix-inch raised concrete curbing or equivalent. An irrigation system shall be installed in each separate planter area. ^ Butte County Department of Development Services ~ Planning Division ^ Page 31 ^ Pn~ject Name: Steve Seidaiglanz t,eneral Plan ,~mendmenURezone & Use Permit (GPA/RZ Q3-uS & UP 04-1 ~) o. No vehicle maintenance or repair (e.g. body or mechanical work, including boats, motorcycles, and recreational vehicles, vehicle detailing and painting, upholstery etc.) is allowed. p. During special events the operator is required to ensure that adequate parking for the general public is available. This will be accomplished by providing a 15 space parking lot available to the public on the northeast coi~ler of the property. q. Any use that would be objectionable because of noise, odor, smoke, dust, bright light; glare, heat, noxious gasses, vibration, pollution, ri-affic congestion, unsafe access, or other public nuisance as defined under Butte County Code Section 32A-2, are prohibited. Plan Requirements: Comply with the listed provisions. Tuning: "I'he requirements of this mitigation will remain in full effect during all times of construction and operation of this facility. Monitoring: "The Department of Development Services shall monitor compliance through routine inspection and reviews. Mitigation Measure # 2: ['lace a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Fallow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks ar sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later manning and after work is completed for the day and whenever wind exceeds 15 miles per hour, c, Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation.° d. The developer shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the BCAQMD shall also be visible to ensure compliance with BCAQMD Rule 200 and 205 (Nuisance and Fugitive Dust L:missions). e. The applicant shall be required to submit a Hazardous Materials Business Plan to the Butte County Environmental Health Department as required by Chapter b.95 of the California Health and Safety Code. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use is prohibited. Plan Requirements: All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that mitigation is implemented. Building inspectors shall spot check and shall ensure compliance an-site. Butte County Air Pollution Control DisU-ict inspectors shall respond to nuisance complaints. N[iti~ation Measure #3: Should grading activities reveal the presence of cultural resources {i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Reconmlencement of development activities shall rat occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This note shall be shown on all site development and building plans ^ Butte County Department of Development Services ^ Planning Division ^ Page 32 ^ Project Name: Steve Scidcnglanz ~,cncral Plan Amendment/Rezone & Use Permit (GP,IiR"I. Q S-vS & UP 04-15} Timing: This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources a~7d determine appropriate action. Mitigation Measm•e #A: Access to all parts of the facility shall be provided to emergency vehicles at all times. Entrances to the facility on Feather Avenue, 12`x' Street, and Corona Avenue shall be available for the use ofresponding emergency vehicles. Plan Requirements: This note shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development activities and operation. Monitoring: The Department of Development Services shall ensure compliance in cooperation with I3utte County Fire and local agencies. hitigation Measure #5: Prior to the issuance of building permits for any new buildings 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 facihty~ Ylan 1equirements: The applicant shall submit the required drainage plan to the Public Works Department for review and approval. Timing: The drainage plan shall be approved prior to the approval of any new building permit. Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation. Mitigation Measure #6: A Conditional Zoning Agreement, between the County and applicant, shall limit the use of the proposed C-2 zone to the uses specified within the Use Pe~-~nit project description as follows: This G2 (General Conunercial) zone is restricted to the following uses a. Light manufaetw-ing uses and a X20 sq.ft. welding shop accessory to the Cultural Studio and Livelwork Units, as provided for under the C-2 {General Commercial) zone. b. 12 multiple family dweIlings with (9) to be occupied as livelwork dwelling units in conjunction and accessory to the Cultural Studio, (1) to be used as an owner occupied residence, (1) guest residence, and (l) caretakers residence. The live/work dwelling units to be leased to artisans and craftsman who would live and work on site. c. The applicant to utilize the existing buildings at the site and modernize them where needed. Utilities, concrete flooring, aluminum siding, roofing, and insulation would be repaired or added as necessary. d. Additional building construction would be limited to the guest residence to be located above the concrete parking area adjacent to the four story tower building, a public restroom building adjacent to the proposed outdoor gallery, and the outdoor enclosure associated with the outdoor gallery. e. Renovations are proposed to remain in keeping wit}i the themes established by the historical use of the site as an olive oil refinery and railroad depot. E Existing industrial equipment associated with the old refinery to be removed, cleaned and situated indoors and outdoors as historical art pieces. ^ Butte County Department of Development Services ^ Plamiing Division ^ Page 33 ^ Project Name: Steve Scidcnglanz t,cncral Plan AmendmcnURezone & Use Permit (GPA!KZ U sy,~ & UP 04-15) g. A small museum displaying old refinery equipment with references to historical uses. h. Facility to be open to the public for special events and exhibits which would showcase produced artwork and crafts. These events would take place in an indoor and outdoor gallery. i. A 25 space parking area would be provided for live/work residents and their guests with access from feather Avenue at locations approved by the Department of Public y~'orks. j. A11 special events shall be subject to the approval of an administrative permit pursuant to 13rrtte County Code Section 24-300, k. An additional IS-space parking area would be provided with access to Corona Avenue for special events. This area would be allowed to be used as a staging area for deliveries when special events are not being held. 1. 'Lone to be subject to al] conditions and mitigation measures placed upon the Use Permit. Plan Requirements: Comply with the Conditional Zoning Agreement at all times during construction and operation. 'Timing: Conditional "Coning Agreement to be signed by the applicant and County prior to Board of Supervisor approval of rezone ordinance and General Plan Amendment. Monitoring: The Department of Development Services shall ensure compliance. 1~'Iiti~ation Measure #7: Perform the following to the satisfaction of the California Department of Forestry: Quilding identification andlor addresses shall be installed in conformance with Public Resources Code 4290 and shall he posted at the beginning of building construction and maintained continuously thereafter. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing 300 feet, hydrant size 6 inches, and residual fire flow 2000 gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. Provide plans and specifications to the Butte County Fire Marshal to determine compliance with fire and life safety standards of Titles 19 and 24, California Gode of Regulations. Plan Requirements: Requirements shall be complied with during all times of construction and operation. 'l'iming: Requirements shall be applicable prior to all operations. Monitoring: The Department of Development Services shall ensw~e compliance in conjunction with Butte County Fire. ^ F3utte County Department of Development Services ^ Planning Division ^ Page 34 ^ Prujecl Name: Steve Scidcnglanr, t~~ncral Plan ;lmcndment/Rezone & I!sc Permit (C;PA1K7 Oj-~,s & UP 04-IS) 6.0 ENVIRONMENTAL REFERENCE MATERIAL: Butte County Planning Department Oroville, CAA CH2M Hill, 1977. 2. Butte County Planning Department. CA: CH2M Hill, 1977. 3. Butte County Planning Department. Oroville, CA CH2M Hill, 1977. 4, Butte County Planning Department. Hi11, 1977. 5. Butte County Planning Department. Hi11, 1977. 6. Butte Caunty Planning Department. CH2M Hill, 1977. 7. Butte County Planning Department. CH2M Hill, 1977. 8. Butte County Planning Department. CH2M Hill, 1977. 9. Butte County Planning Deparrinent. 1983- Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Liquefaction Potential Map 11-2, Seismic Safety Element- Oroville, Subsidence and Landslide Potential Map 111-1, Safety Element. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Expansive Soils Map 11 1-3, Safety Element. Oroville, CA: CH2M Noise Element Map IV-1, Scenic Highway Element Oroville, CA: Scenic Hi<~hways Map V-1, Scenic Highway Element. Qroville, CA: Natural Fire Hazard Classes Map 111-4, Safety Element Oroville, CA: Archaeological Sensitivity Maw Oroville, CA: James P. Manning, 10. Butte County Planning Department. School District Man. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concenn-ation in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. A~riculhu-a1 Preserves Map, established by Resalution No. fi7-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate IV1ans. Federal Emergency Management Agency. 1989 and 20D0. 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area- United States Department of Agriculture. 16. Soil Survey of Chico (1925~1Oroville (19261 Area. United States Department of Agriculture. 17. Butte County Planning Department Butte County Fire Protection Jln-isdictions and Facilities Maw Butte County Eire Department and California Department of Forestry, 1989. 18. California Natural Diversity Database (CNDDB} accessed through Rarel7nd 2, Government Version, Jan-02- 2003. 19. Initial Studies and Mitigation Negative Declarations for Use Permit 98-27 and Use Permit 02-17. 20. Conditions of project approval for Use Permit 98-27 and Use Permit 02-17. 7.0 CONSULTED AGENCIES: [X] Enviromnental Health [X] Public Works [ ] Building Manager [ ] BCAG [ ] ALUC [X] LAFCo [X] Air Qnal. Management Dist [ ] City of Chico [ ] City of Biggs [ ] City of Gridley [X] City of Oroville [ ] Town of Paradise [N] CA Department of Forestry [ ] CalTrans (Traffic} [X] Central Reg. Water Quality [ ] Department of Conservation [ CA Dept. offish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [ ] US Fish & Wldlife Service [X] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] Oroville Union School Dist [X] Feather River Rec. Dist. [ ] E1 Medio Fire Dept. [ ] SFWPA [ ] LOAPUD [ ] PG&E [ ] Pacific Bell [X] Oroville Union Sch. Dist. [ ] Oroville Elem. Schaol Dist [X] County Assessor [X] Thermalito Union Sch- Dist. ^ Butte Caunty Department of Development Services ~ Planning Division ^ Page 35 ^ Projcct Name: Sieve Scidenglanz ~ ~, neral Plan AmendmcnbRezonc & Use Permit (GP,~/R`/, OS . ~ & UP OA-1 ~) $.0 PROJECT SPONSOR{S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: I/We have reuietived the Lzitial Stucly for the Steve .Seidefaglcanz Gefieral Platz A~aier~chraejrt crud t~ezone & Use Pet-iaiiC a~~licatian and particularly the naitigatian measures identified herei~t. I/G~e herehv ntodifv the application on ale tivitTt tlt~ ~'utte Ct~2tftty Pla~tning I~e~~artntent to include a~tcl incorporat~~i-tz~atia2s set forllz ~ ~ itiul Studv. '" "~,, l _ ~ ~~, y eject Spg~sor/_ ct Agent Date Project Sponsor/Project Agent Date ^ Butte County Department of Development Services ^ Planning Division ^ Page 36 ^