HomeMy WebLinkAbout06-146RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF BUTTE APPROVING THE ADOPTION OF A
GENERAL PLAN AMENDMENT FROM GRAZING AND OPEN
LAND TO COMMERCIAL.
WHEREAS, a private individual, Wallrich and Katz has petitioned the
Butte County Planning Commission and Board of Supervisors, through an appropriate
application, to amend the Butte County General Plan Land Use EIement, for a change
from Grazing and Open Land to Commercial, for that property identified on Exhibit A-1
attached hereto; and
WHEREAS, the proposed General Plan Amendment has been studied and
reviewed by the Butte County Planning Commission and a public hearing held pursuant
to law, at which time all interested persons were heard; and
WHEREAS, the Butte County Boazd of Supervisors has reviewed and
considered the contents of the Environmental Impact Report {Exhiibit A-2) prepared on
the amendment pursuant to the California Environmental Quality Act; and
WHEREAS, the Butte County Board of Supervisors has held hearings on
the General Plan Amendments at which all interested parties were heard; and
WHEREAS, the Butte County Board of Supervisors finds the proposed
amendment complies with all elements of the Butte County General Plan and comprises
an overall internally consistent whole, specifically:
1. The amendment complies with the policies of the Butte County
General Plan.
2. The amendments provide for compatible development with
existing land uses; and
WHEREAS, the Butte County Board of Supervisors adopts a Mitigated
Negative Declaration with the following fzndings:
A. An Initial Study was completed in compliance with the California
Environmental, Quality Act. Said study identified significant
envixorr~mental effects and included mitigation measures that would
mitigate such effects below significant levels.
B. The Planning Commission has considered the proposed Mitigated
Negative Declaration, together with the administrative record and
comments received during the review process.
C. On the basis of the whole record before the Planning Commission,
including the Initial Study and any comments received, there is no
substantial evidence that the General Plan and Rezone for Don
Wallrich and Gary Katz, Planning Division File No. GPA/REZ 44-
42, would have a significant effect on the environment as mitigated
and as subject to the terms of the attached Conditional Zoning
Agreement. The custodian of the record is the Planning Division
of the Development Services Department. The location of the
record is 7 County Center Drive, Oroville CA 95965.
D. The proposed Mitigated Negative Declaration reflects the
independent judgment and analysis of the County, which is the
Lead Agency.
E. The proposed Mitigated Negative Declaration regarding
environmental impacts, with Mitigation Measuxes 1 through 1$, as
detailed in the Planning Commission Agenda Report dated August
24, 2046 reduces the impacts to less than significant.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The General Plan Amendment to Commercial as shown on the
attached Exhibit A-1 is hereby incorporated by reference.
2. The General Plan Amendment is hereby adopted and by the Board
of Supervisors of the County of Butte as amendments to the Butte
County General Plan Land Use Element, said Amendments to be
the land use policy for the County of Butte in the affected area for
all findrngs pursuant to law.
BE IT FURTHER RESOLVED, that pursuant to Government Code
Section 65359 that the General Plan be endorsed to show that the above amendments
have been approved by this Board.
PASSED AND ADOPTED by the Butte County Board of Supervisors on
this 24th day of October, 200b, by the following vote:
AYES: Supervisors Connelly, Houx, Yamaguchi and Chair Josiassen
NOES: Supervisor Dolan
ABSENT: None
NOT VOTING: None
urt Jos risen, CHAIRMAN
ounty Board of Supervisors
ATTEST: Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
By: ~~ ~
Deputy
EXHYBYT A-2
DEVELOPMENT SERVICES
DEPARTMENT
BUTTE COUNTY
INITIAL STUDY AND
PROPOSED MITIGATED NEGATIVE~DECLARATION
FOR
GPAIRZZ 04-02 (WALLMCH & KATZ)
Project Name: Walirich & Katz Genera[ Plan Amendment & Rezone, Flle # GPAIRZ o4-02
COUNTY OF BUTTE
DEPARTMENT OF DEVELOPMENT SERVICES
INITIAL STUDY AND PROPOSED MITIGATED
NEGATIVE DECLARATION
FOR
GENERAL PLAN AMENDMENT & REZONE 04-02
(WALLRICH & KATZ}
I.0 PROJECT INFORMATION
A. Applicant/Owner: Don Wallrich and Gary Katz
B. Staff Contact: Stephen Betts, {530) 538-7153, sbetts@buttecounty.net
C. Proiect Name: NIA
D. Proiect Location: On the southwest comer of Clark Road (SR-191) and Durham-Pentz Road, across from
Butte Community College
E. Tope of Application(sl: General Plan Amendment and Rezone
F. Assessor's Parcel Number: 041-120-0$8, 041-130-040
G. Proiect Site Size: 17.3 acres (Note: The Assessor's map shows the project site totals 12.b acres, while GIS
measurements shows the project site totals 15.5 acres}
H. Current Zoning: A-160 {Agricultural, 160-acre minimum parcel size)
I. General Plan Designation: Grazing and Open Land
J. Environmental Setting: The project site is located in an unincorporated area in the Central Buttes area of
Butte County, just south of Butte Community College. The project site is located approximately 12 Holes
north of Oroville and approximately 13 miles southeast of Chico. Land uses on the surrounding parcels
includes a small general store/gas stationlrestaurant (which has been closed far approximately five years
but is currently being remodeled and is expected to open in the near future}, livestock and horse grazing, a
3+ acre strawberry field, wastewater evaporatipn ponds belonging to Butte Community College to the west,
two dwellings (to the southwest of the site}, and Butte Community College to the north. The site is
bounded by Durham-Pentz Road to the north and Clark Road (SR-191) to the east. Additionally, a 60-foot
wide road easement ("Circle 4 Court") is located on the south side of the project site (this road easement
was the old alignment of Pentz Road).
The undeveloped site has gentle topography, with an average slope of less than 1 %. The steepest slope on
the project site is approximately 3%. The elevation of the property ranges from 286 to 305 feet above sea
level. Vegetation on the site is annual grasses, many of which may benon-native, with a few shrubs and
four large valley oak trees. No blue-line streams aze found on the project site, but two open ephemeral
drainage swaies, which aze wet only during the winter months, are found on the project site. Several
possible vernal pools are located on the southern portion of the project site. The project site is not within a
100-year flood zone, an earthquake zone, or an airport overflight zone.
Soils in the project azea consist of a thin veneer of silt, clay, and sandy clay extending to a depth of
approximately 1 to 3 feet below existing site grade. The underlying rack is exposed at some locations on
the site. The soils on the project site are not generally conducive to the use of septic systems due to thin
soils and high groundwater levels.
K. Surrounding Land Uses:
Direction General Plan Designation Zoning Existing Land Use(s1
North Public P-Q Butte Community College
South Grazing and Open Land A-5 Dwellings 1 Livestock grazing
^ Butte County Department of Development Services ^
^ Initial Study - Waih7ch & Katz GPA/REZ 04-02 ^ Page 1 of 55 ^
Project Hama: Wallrich & Katz GeneraE Plan Amendment & Rezone, File # GPAlRZ 04-02
East Grazing and Open Land A-160 Livestock grazing
West Grazing and Open Land A-5 Wastewater evapozation ponds
L. Protect Description: This project is a request for a General Plan Amendment from Grazing and Open Land to
Commercial and a Rezone from A-160 to C-2 (General Commercial} on two contagious parcels totaling 17.31
acres. With this General Plan Amendment and Rezone, the project site could be developed with general
commercial uses, such as:
Hotels and motels, churches, banks, barbershops, beauty parlors, launderettes, clothing. stores,
convenience stores, drugstores, mini storage facilities, professional and business offices, new
automobile sales, amphitheaters and theaters, bars and cocktail lounges, building material sales,
equipment rentals, new and used car sales, repair garages, auto car washes, and restaurants with or
without drive through facilities.
The applicant did not submit a plan for site development, so the types, numbers, and sizes of commercial
uses are not known. The C-2 zone requires a Use Permit for shopping centers on sites of 5 acres or more,
which would give the Planning Commission the opportunity to review any commercial development over 5
acres. It is not anticipated that the full 17~- acre project site would be totally developed with commercial
uses due to area needed for on-site waste disposal systems}, area needed for storm water
retentionldetention, and passible setbacks from drainage swales and vernal pools. Based upon the large
size of the project site, the site is expected to be a multiple tenant sitelcenter, which is defined as a
commercial development consisting of two or more separate businesses that share either the same parcel or
structure and use common access and parking facilities. The applicant indicated that development of the
site would occur as demand for a particuiar commercial service warranted such use. hull build out of the
project site with commercial uses could take many years.
Access to the future commercial uses on the site would be from new driveway encroachments onto
Durham-Pentz Road on the north side of the project site and SR-191 (Clark Raad} on the east side of the
project (Note: CaItrans will allow only one driveway access onto SR-191 from project site, which must be
at least 540 feet from the intersection of Durham-Pentz Road and SR-191 and at least 500 feet from Circle
4 Court) Domestic water for the future commercial uses on the site would be obtained from on-site well(s)
(note: a public water supply system would be required.) A large water storage tank{s) most likely would be
required in order to provide adequate water for the future commercial uses on the site and for fire
protection flows. The applicants have identified no method of sewage disposal, but the soils on the project
site are very shallow, have a high clay content, and are subject to high groundwater levels, which may
make them inadequate foz septic systems. Therefore, it is expected that an on-site community system or an
engineered system would be utilized for sewage disposal. {Note: all such systems must be approved by the
California Regional Water Quality Control Board and the Butte County Envirommental Health Division.)
With approval of this project, and upon approval of a tentative parceUsubdivision map, the project site has
the potential to be divided into small parcels, with the minimum parcel size dependent on the type of
commercial use proposed and the area needed for sewage disposal (if individual on-site septic systems are
utilized).
M. Public enc A royals:
Butte County Planning Division
Butte County Building Division
Butte County Size DepartmentlCDF
Butte County Environmental Health Division
Butte County Public Works Department
Butte County Air Quality Management District
Caltrans
California Regional Water Quality Control Board
U.S. Army Corp of Engineers
U.S. Fish and Wildlife Service
^ Butte County Department of Development Services ^
^ Initial Study- Wallrich & Katz GPA/REZ 04-02 ^ Page 2 of 55 ^
Project I3aEne: Wallrich & Katz General Plan Amendment & Rezone, Pile # GPA/RZ 04-02
2.0 DETERMINATION
[ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
[X] I find that although the proposed project COULD, have a significant effect an the environment, there will
NOT be a significant effect in #his case because revisions have been made by or agreed to by the project
proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
[ ] I .fmd that the proposed project COULD have a significant effect on the environment, and an
ENVIl20NMENTAL IIvIPACT REPORT is required.
[ ] I fmd that the proposed project MAY have a "potentially significant impact" ar "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 meastues
based on the earlier analysis as described on attached sheets. An ENVIltONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed.
[ ] i find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that
earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed
upon the po roject, nothing further is required.
y Zfi a5
Prepared by: Step n Betts, Senior fanner Date
Reviewed by: ephen Stree er, Planning onager Date
3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING
A. Environlnental 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
[X] 4.4 Biological Resources [X] 4.5 G~ltural Resources [X] 4.6 Geologic Processes
[X] 4.7 HazardslHazardous Material [X] 4.S HydrologylWater Quality [ ] 4.9 Land Use
[ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing
[X] 4.13 Public Services [ ] 4.14 Recreation [X] 4.15 Transportation/T'raifc
[ ] 4.16 UtilitieslService Systems [ ] 4.17 Mandatory Findings of Significance
4.0 ENVIRONMENTAL IMPACTS:
4.1 AESTAETICIVISUAL RESOURCES:
Potentially Less Than Less Than No Reviewed
Would the proposal: Significant Significant Significant Impact Under
Impact with Impact Previous
Mitigation Document
Incorporated
a. Have a substantial adverse effect on a scenic vista? X
^ Butte County Department of Development Services ^
~ Initial Study -Wallrich & Katz GPA/REZ 04-02 ~ Page 3 of 55 a
Project Name: Waprich & Katz General Ptan Amendment & Rezone, Fife # GPA/R~ 04-02
Potentially Less Than Less Than No Reviewed
Would the proposal: Signitcant Significant Significant Impact Under
Impact with Impact Previous
Mitigation Document
Cncorporafed
b. Substantially damage scenic resources, including, but
not limited to, trees, rock outcroppings, and historic X
buildin s within a state scenic highwa ?
e. Substantially degrade the existing visual character or X
uality of the site and its surroundin s?
d. Create a riew source of substantial light or glare
which would adversely affect day or nighttime views X
in the azea?
Impact Discussion: The project site is located on the southwest corner of Durham Pentz Road and Clark Road (SR-
191). Neither one of these roads are designated as a State or County scenic highway (Butte County Scenic Highway
Map}. The project site is located in a zural azea of the county, which is generally referred to as either the "Central
Buttes" area or the "Butte Valley" area. The physical characteristics of the project area include open grasslands,
rolling hills, stands of blue and valley oaks, and tall ridges and canyons #o the north.
The project site consists of an open, undeveloped property that is visible from Durham-Pentz Road and Cleric Road,
and from the surrounding parcels. There are two dwellings on 5~- acre parcels to the south of the site, wastewater
evaporation ponds to the west, Butte Community College to the north (across Durham-Pentz Road}, and a 5,500
square foot commercial structure to the northeast. Good views of the foothills to the north, east, and west exist from
the project site.
The project area, while in a rural area, is subject to extensive nighttime light from the nearby Butte Community
College, street lights at the intersection of Durham-Pentz Road and Clark Road, and from exterior lights at the
commercial use across CIark Road from the project site. The wastewater evaporation ponds to the. west of the site
reduce the aesthetic qualities of the project area.
This General Plan Amendment and Rezone project could ultimately result in the project site being developed with
commercial structures, which would introduce new visual elements on the site. The project could result in structures
such as gas stations, convenience stares, restaurants, vehicle sales businesses, mini-storage, and professional offices
being placed on the site. A large water tank(s) may also need to be placed on the site, further reducing the visual
aesthetics of the project area. Future structures on the site would be readily visible from Durham-Pentz Road and
Clark Road and from the surrounding parcels. The change in visual aesthetics would be significantly different from
pre-project views.
The project applicant did not submit architectural designs of future commercial structures on the site, but it is
expected that the commercial structures on the site would be typical of other commercial structures found in Butte
County. It is expected that the structures on the site would be one story, which would not significantly block public
views.
To lessen the visual impacts of buildings on the site, the parking lots on the site are required to have at least a 50%
shading canopy. I..andscaping is also required to be established an the project site along the frontage of Durham-
Fentz Road and Clark Road, which will help reduce visual impacts. 't'his is added as Mitigation Measures 1 and 2.
The project would be expected to have nighttime exterior illumination features, including exterior building
illumination, peripheral exterior lighting (parking and loading areas, access drives, landscaped areas}, and
illuminated signage. These illumination features would be visible at night from the surrounding driving routes
(Durham-Pentz Road and Clark Road) and from the dwellings south of the project site. These lights could create
significant amount of excess light and glare on the adjoining parcels and to drivers on Durham-Pentz Road and
Clark Road. Mitigation Measure # 3 is recommended that requires all exterior lights on the project site be fully
shielded and directed so as not to cause excess light and glare on adjoining parcels and onto Durham-Pentz Road
and Clark Road.
The C-2 zoning district currently allows outdoor advertising signs by right, including large off-site advertising signs.
These signs, especially if they are Iarge andlor are mounted on poles high above ground Ievel, could result in a
~ Butte County Department of Development Services ^
^ Initial Study -Waprich & Katz GPA/REZ 04-02 ~ Page 4 of 55 ^
Project Name: walErich & Katz General Plan Amendment & Rezone, File # GPAl1tZ 04-02
significant visual impact. To prevent outdoor advertising signs from creating significant visual impacts, Mitigation
Measure # 4 is recommended that prohibits off-site advertising signs and limits freestanding signs to monument-type
signs that are no more than eight {8} feet above ground level. A monument sign is defined an independent,
freestanding structure supported on the ground, having a solid base as opposed to being supported by poles or open
braces. Business identification signs (a sign which serves to identify only the name, address, and use of the
premises upon which it is located and provides no other advertisernents or product identification) and wall signs (a
sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign
approximately parallel to the building wall) would be allowed.
The four lazge valley oaks trees found on the project site, which provide aesthetic value to the project site, would not
be allowed to be removed and are required to be protected (refer to Mitigation Measure # 4 in Section 4.4).
Construction of a typical commercial project causes short-term visual impacts. Grading operations and construction
activities create a visual impact, and construction debris, rubbish and trash can accumulate on construction sites and
are unsightly if visible from public streets. The completion of the project improvements would eliminate the short-
term visual impacts of the grading and construction operations.
The following pzoposed irritigatian measures would be carried Forward to all future development oar t.he~ site and
would be applicable at the time of constxuction.
Mitigation Measure # 1:
Trees shall be planted and maintained in planters or landscaped areas of all parking lots so that at tree maturity, 15
years, at least 50 percent {54%} of the total paving area, not including the entrance drives, shall be shaded at solar
noon on June 21. On sites with poor soils and/or drainage, additional installation measures may be required to
ensure that the shading standard can be reached. The use of native trees is encouraged. Prior to issuance of a
building permit, a landscaping and irrigation plan, prepared by a qualified landscape professional, shall be submitted
to the Planning Division for review and approval.
Plan Requirements: Building and site development plans shall show the required landscaping and shall show the
means of irrigation.
Timing: The requirements of this measure shall be adhered to at all times.
Monitoring: Department of Development Services shall review all building and site development plans for
compliance with this measure. Building inspectors shall check and ensure compliance an-site.
Mitigation Measure # 2:
Parking areas adjoining a public right-of--way shall be designed to pzovide a landscaped planting strip between the
right-of way and parking area, equal in depth to the setback required by the zoning district ar 10 feet, whichever is
greater. Any planting, sign, or other structure within a sight distance area of a driveway shall not obscure sight
distance per Caltrans Standards.
Plan Requirements: Building and site development plans shall indicate the requited landscaped areas and means
of irrigation. Department of Development Services shall review all building and site development plans for
compliance with this requirement.
Tinting: The requirements of this measure shall be adhered to at all times.
Monitoring: Department of Development Services shall review all building and site development plans for
compliance with this requirement. Building inspectors shall check and ensure compliance on-site.
Mitt ation Measure # 3:
All exterior lighting shall be fully shielded and directed downward so as to not create azky excess light or glare on
adjacent properties and an Durham-Pentz Road and Clark Road. Lighting at the site driveway encroachments onto
Durham Pentz Road or Clark Road shall meet the requirements of the County of Butte or Caltrans (for Clark Raad).
Plan Requirements: Building and site development plans shall indicate that all exterior lights shall be fully
shielded and directed downwards.
Timing: The requirements of this measure shall be adhered to at all times.
^ Butte County Department of Development Services ^
^ Initial Study - Wallrich & Katz GPAIREZ 04-02 ^ Page 5 of 55 ^
Project 1+fame: Wallrich & Katz Genera! Plan Amendment & Rezone, File # GPA/RZ ff4-02
Monitoring: Department of Development Services shall review all building plans far compliance with this
measure. Building inspectors shall check and ensure compliance on-site.
Mi#isatian Measure # 4:
Off-site advertising signs shall not be allowed on the project site. An off site sign is defined as any sign identifying
a use, facility, service, or product which is not located, sold, or manufactured on the same premise as the sign. On-
site advertising signs shall be restricted to monument-type signs that are no more than eight (8) feet above ground
level. Business identification signs (a sign which serves to ideritify only the name, address, and use of the premises
upon which it is located and provides no other advertisements or product identification) and wall signs (a sign which
is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel
to the building wall) are allowed.
Plan Requirements: Building and site development plans shall indicate the location and type of signs to be
installed.
Timing: The requirements of this measure shall be adhered to at all times.
Monitoring: Department of Development Services shall review all building plans for compliance with this
measure. Building inspectors shall check and ensure compliance on-site.
4.2 AGRYCULTURE RESOURCES:
Potentiaity Less Than Less Than No Reviewed
Would the proposal: Significant Significant Significant Impact Under
Impact with Impact Previous
Mitigation Document
Incorporated
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland}, as
shown on the maps prepared pursuant to the X
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
b. Conflict with existing zoning for agricultural use, or X
a Williamson Act Contract?
c. Involve other changes in the existing environment
which, due to their location or nature, could result in X
conversion of Farmland, to non-agricultural use?
Impact Discussion: The project site is designated as Grazing and Open Land {GOL) by the Butte County General
Plan and is zoned A-160 (Agricultural, 160-acre minimum parcel size), both of which allow most types of
agricultural uses by right. The requested Commercial General Pian land use designation and the requested C-2 zone
do not permit any type of agricultural uses. The approximately i7-acre project site represents a very small
percentage (i.e., 0.01%} of the total lands that are designated as GOL in Butte County (i.e., 162,365 acres}.
.The project site, which consists of two legal parcels {4.4~ and 12.9} acres}, is not currently utilized for any type of
agricultural use. Seasonal livestock grazing most likely occurred on the site in the distant past. The project site does
not appear to have ever been utilized for any type of field crops, row crops, or orchards. The project site is
physically isolated from other grazing lands because it is adjacent to two St acre rural residential parcels to the
south, the Butte Community College wastewater evaporation ponds to the west, Butte Community College to the
north, a marketlgas station/restaurant to the northeast, and by Durham-Pentz Road and Clark Road (SR-191} to the
north and east, respectively.
The project site is located in an annual grassland area and the primary agricultural use is seasonal livestock grazing,
along with a few irrigated pastures, scattered orchards, and small fields of row crops. The agricultural uses on the
surrounding parcels include seasonal livestock grazing, which is found on the 306 acre parcel to the east of the
project site (across Clark Road), and a 3-~ acre strawberry field located approximately 200 feet to the north of the
site (northeast corner of Durham-Pentz Road and Clark Road). Two 600f acre grazing parcels are located
~ Butte County Department of Development Services n
^ Initial Study -- Wallrich & Katz GPA/REZ 04-02 ~ Page 6 of 55 ^
Projeck 1~3ame: Wallrich & Katz Genera3 Plan Amendment & Rezone, File # GPAIRZ 04-D2
approximately 600 feet to the south of the project site, with another 2551 acre grazing parcel (which also contains
the strawberry field) to the northeast of the site (northeast corner of Durham-Pentz Road and CIark Road).
Livestock grazing in the area is seasonal, typically occurring only during the winter and spring months due to the
lack of adequate grasses at other times of the year. Agricultural uses, primarily livestock grazing on irrigated
pastures, actor on portions of the Butte Community College property to the north of the project site.
The majority of the soils on the project site have a Soil Conservation Service classification of IV, which are not
prime agricultural soils and have limitations that make them general adequate only for livestock grazing and timber
production. The northern portion of the project site, to a distance of approximately 400 feet south of Durham-Pentz
Road, has a Soil Classification Service classification of VII. Class VII soils, like IV soils, are not prime agricultural
sails and have severe limitations that make them unsuitable for anything other than livestock grazing or timber
production. Due to the poor soil conditions on the project site the project site is unsuitable for most crops.
The California band Conservation Act {"Williamson Act") was enacted to help preserve agricultural and open space
lands via a contract between the property owner and the local jurisdiction. Under the contract, the owner of the land
agrees not to develop the land in exchange for reduced property taxes. The two project parcels are not under a
Williamson Act contract and due to their small size would not qualify to be included in a Williamson Act agreement
as stand alone parcels. None of the parcels immediately surrounding the project site are subject to a California Land
Conservation Act agreement, but a b50-acre grazing parcel located approximately 650 feet to the south of the project
site is encumbered by a Williamson Act agreement.
As a part of the processing of this project, comments were sought -from the Butte County Agricultural
Commissioner's office. The Agricultural Commissioner's office had the following remarks:
Existing Conditions
1. 17 acres, historical grazing land
2. Surrounding parcels range in size from 4. S to 307 acres
3. Impacted by residential and other development.
4. Production agricultural "Berry field "northeast adjacent.
Pertinent Excerpts from the Agricultural Element:
General Plan. Agricultural Element: Goal #1
Maintain parcel sizes that ensure the long-term preservation, conservation and continuity of those general plan
areas identified as Orchard and Field Crops and Grazing and Open Lands.
Policy 1.S
Conserve... Grazing and Open Lands as designated in the General Plan
Policy 1.6
In the Grazing and Open Lands area, encourage the voluntary retention of ranch lands in large acreage through
site-sensitive planning, ... and other land use concepts.
General Plan A~-icultural Element Goal #2
Conserve and stabilize agricultural land uses at city and community boundaries in order to protect agricultural
lands from encroachment and conversion to urban uses.
Policy 2.3
Require development to provide land use transitions, setbacks and buffers between urban development and
agricultural interface to reduce interference and conflict.
General Plan A icultural Element Goal #3
Support the management of agricultural lands in an efficient, economical manner, with minimal conflict from non-
agricultural uses.
Findings and Review Statement
For rangeland io be viable on this soil it has to be large and open. These parcels meet neither of the two
requirements, however; rezoning land piece-meal in the GOL designation sets a dangerous precedent. In keeping
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ProjecE I+€ame: Wallrich & Katz General Plan Amendment & Rezone, File # GPAIRZ 04-02
with that philosophy, GPA's in the range land will meet general opposition unless the agricultural resource has
been se~•iausly compromised by surrounding conditions.
Result of this General Plan Amendment /Rezone may predispose the adjacent parcels to further rezoning and
division.
In summary, the Butte County Agricultural Commissioner's Office objects to the project, believing that the project
would result in further rezoning and land divisions of other grazing parcels in the project area.
Urban development adjacent to farmlandlrangeland can have several negative impacts on the adjacent agricultural
production activities. Direct physical impacts resulting from trespassing may include vandalism to farm equipment
and theft of craps. These can result in indirect economic impacts. Other indirect impacts to agriculture from nearby
urban uses can affect the long-term viability of such operations. Increased regulations and liability insurance to
protect the farmer/rancher from adjacent urban uses cost time and money. Some farmers sensitive to nearby urban
uses may voluntarily limit their hours of operation and do not intensively use the portions of their property closest to
urban uses, in effect establishing informal buffer zones on their awn property. This has the effect of lowering the
crop yield, and therefore the long-term economic viability, of the agricultural opezation.
The most potential for significant impacts to agricultural operations would come from adjacent residential uses.
This project, which would allow commercial uses, would not have the same impacts to agricultural uses as
residential uses would because no one would live on the project site. The impacts from adjacent agricultural uses to
the people on the project site would be much less than residential uses because most commercial activities would
occur inside a building and no one would be living on the project site.
Consistency with the General Plan
Because the project site has a Grazing and Open Land (GOL} General Plan land use designation, the Butte County
General Plan Agricultural Element's Goals and Policies apply to this project. Approval of this project may have
potentially significant impacts and may conflict with aspects of the Agricultural Element. The following applicable
policies are found in the Agricultural Element:
1.5 Conserve Orchard and Field Crops lands and Grazing and Open Lands as designed in the General Tian
Land Use Map.
The project would not be consistent with this policy because the project site would not conserve {i. e.
preserve) lands designated as Grazing and Open Land. This is a policy conflict, not an environmental
impact; and will be addressed at the time public hearings on this project are held by the Butte County
Planning Commission and Board of Supervisors.
1.8 In the Grazing and Open Lands area, encourage the voluntary retention of ranch lands in large acreages
through site-sensitive planning, Transfer of Development Credits (TDC}, density bonuses, and other land
use concepts.
The project site would not be classified as "large acreage" because the site is only 17~ acres in size. The
project applicant has not made any proposal to retain ranch lands.
2.1 Agriculture shall not be made inviable by the economic impacts of urban development.
The project site appears not to be economically viable far livestock grazing or any other agricultural use
due to its small size, lack of adeguate grasses, and thin, seasonally saturated soils. Agricultural uses
adjoining the project site include seasonal livestock grazing to the east (across Clark Road) and a small
strawberry field to the northeast (across the intersection of Durham-Pentz Road and Clark RoadJ. .4s•
discussed below, due to the project site's relative isolation from contiguous agricultural parcels the
agricultural uses on the surrounding and nearby parcels is not expected to become enviable. The Clark
Road right-of--way would serve as a large buffer between the project site and the seasonal grazing
operation to the east of the site.
2.2 Encourage urban infill development within city limits and within existing unincorporated communities
where development can more easily and readily be served by public infrastructure facilities.
The project would not be consistent with this policy because the project site is not located within city limits
or within an existing unincorporated community. No public infrastructure {sewer and water) is available
in the project area. This is a policy conflict, not an environmental impact, and will be addressed at the
^ Butte County Department of Development Services ^
^ Initial Study -Wallrich & Katz GPA/REZ 04-02 ^ Page 8 of 55 ^
Project Name: Wallrich &. Katz General Ptan Amendment & Rezone, File # GPA/RZ 04-02
time public hearings on this project are held by the Butte County Planning Cornrnission and Board of
Supervisors.
2.3 Require development to provide land use transitions, setbacks and buffers between urban development and
agricultural interface to reduce interference and conflict.
See the following paragraphs.
Program 2.2 of the Butte County General flan Agricultural Element states that where development approval, other
than residential is proposed on lot{s) adjacent to an agricultural operation or Orchard and Field Crops Sand use
category, the Zoning Ordinance shall require a natural or man-made buffer between the development and the
agricultural land use. The buffer is required to be totally on the lots where development is proposed, and could be a
topographic feature, a substantial tree stand, a water course, or similarly defined Feature. Agricultural uses may be
permitted in the buffer area. While the Zoning Ordinance has never been amended to require the buffer, this
General Plan Program still needs to be addressed.
The majority of the project site is surrounded by uses other than agricultural uses, including several dwellings, large
wastewater evaporation ponds belonging to Butte Comrnunity College, Butte Community College, amarket/gas
stationlrestaurant, Durham-Fentz Road, and Clark Road. Setbacks or buffers do not appear to be needed to the
south, west, or north because existing lands uses preclude the use of these parcels for intensive agricultural uses.
The Clark Road {SR-191} right-of way varies between 115 to 145 feet (as measured from Butte County GIS data).
A minimum 25-foot building setback from the Clark Road right-vf--way would be required on the project site, which
would result in a building setback of between 140 to 170 feet from the adjoining grazing parcel to the east.
The predominant agricultural use in the project area -seasonal livestock grazing -may perform certain range
management practices, such as controlled burning of brush, use of pesticides, tilling of land, noise, and odors, that
could have an impacts on adjoining or nearby urban uses. Seasonal livestock grazing nom~ally does not create many
significant impacts, with odors, insects, and dust being the predominant impacts. Odors from open range, seasonal,
livestock grazing (such as is located to the east of the project site) may create odors that would normally only be
detected on or directly adjacent to a grazing parcel. Odors would be strongest during the summer and fall months,
which is when seasonal livestock grazing does not normally occur (due to the lack of grasses}. Insect (flies)
infestation from livestock grazing may result, but, like odors, would normally occur during the summer and fall
months. Livestock grazing may generate dust due to livestock movements or vehicle operations associated with
livestock operations. However, the livestock grazing on the large grazing parcel to the east of the project site would
normally occur during the winter and springs months, when the ground is wet or damp, which prevents significant
dust emissions.
Program 2.7 of the Butte County General Plan Agricultural Element allows for the limited conversion of agricultural
land to urban uses, subject to specific criteria and with mitigations to reduce impacts to adjacent agricultural Sands.
The criteria are outlined below, followed by staff's response.
• A general plan amendment and rezone application has been approved.
This project is for a general plan amendment to Commercial and a rezone to C-2 (General Commercial).
• The lot{s) for which conversion are requested i5 adjacent to uses identified as other than agriculture or
agricultural support uses, i.e. receiving plants, hulling plants.
The project site is bordered on three sides by uses other than agricultural:
Direction Use
North Durham-Pentz Road, Butte Communi Colle a cam us
Northeast Strawbe eld, livestock azin
Northwest Volunteer re station
South Circle 4 Court, two 5-acre parcels each developed with a single family
dwellin
East Clark Road (SR-191 , eneral store/ as station/restaurant, livestock azin
West Wastewater eva oration onds owned b Butte Communi Colle e
The project would be consistent with criteria because the majority of the site is surrounded by uses other
than agricultural uses.
^ Butte County Department of Development Services ^
^ Initial Study - Wallrich & Katz GPA/REZ 04-02 ^ Page 9 of SS ^
Project Name: Wallrich & Katz Genera] Plan Amendment & ]tezone, File # GPA/RZ 04-02
• The conversion will not be detrimental to existing agricultural operations.
The project site is not utilized for any type of agricultural uses and is surrounded on three sides by uses
other than agricultural uses. Past agricultural use of the site appears to have been limited to seasonal
livestock grazing. Existing agricultural operations include seasonal livestock grazing to the east (across
Clark Road) and a 3.5-acre strawberry field to the northeast (diagonally across the tntersectiorx of
Durham-Penfz Road and Clark Road). Horses are kept to the south of the site. ,Seasonal livestock grazing
also occurs further to the south of the site and to the east of the site.
Due to the small size of the project site, which consists of two legal parcels, viable livestock grazusg does
not appear to be possible. The project site is small and the number of animals that could be grazed ore it
would be very small. The project site is completely isolated from other agricultural lands by dwellings,
roads, a commercial use, and the wastewater evaporation ponds. The agricultural use on the sun~ounding
parcels is not expected to be significantly impacted by the project.
• The conversion land is adjacent to existing urban infrastructure and would constitute a logical contiguous
extension of a designated urban area.
The site is not Located next to existing urban infrastructure, such as public sewer pr water systems. The
adjacent Butte Community College has its own sewer and water systems, which only provides service for
the college's use and would not be available for use by the project. The nearest designated urban area is
the OroviIle Urban Area, which is located 10 miles to the south of the site. The project would not be
consistent with this criterion because it is not located adjacent to existing urban infrastructures or a
designated urban area. This is a policy conflict, not an environmental impact, and will be addressed at the
time public hearings on this project are held by the Butte County Planning Commission and Board of
Supervisors.
• No feasible alternative exists which is Less detrimental to agriculture.
The only other commercially-zoned land in the project area is located on the southeast corner of Durham-
Pentz Road and Clark Road, across Clark Road from the project site. This parcel (9.3} acres) is zoned C-
C (Community Commercial} and has a General Plan land use designation of Commercial. The commercial
use on this parcel, a gas station/small general marketlrestaurant, has been out of business for four or five
years, but is currently being remodeled and is expected to reopen in the near future. The next closest
commercially-zoned lands are found in the Paradise, Durham, Oroville, and Chfco areas.
Due to the large amount of agricultural land in the project area, there is very little opportunity to establish
commercial uses elsewhere in the project area that would be less detrimental to agriculture. Yery few
parcels in the area are as isolated from agricultural uses as is the project site. An alternative to the project
would be to locate the proposed commercial development in or adjacent to an existing urban area, where
there would be little or no impacts to agriculture. However, this would not appear to be feasible because
the intent of the project is to provide commercial services to the residents of the project area, students at
Butte Community College, and the people traveling on Durham-Pentz Road and Clark Road.
Approximately 4.5 miles to the west of the project site, on the east side of the intersection of SR-99 and
Durham-Pentz Road, there are several parcels that are zoned M-1 (Light Industrial), which allows
commercial uses with a Use Permit. The County has received a Use Permit application to establish a gas
station convenience store use on one of the parcels in that M-1 zone (note: that Use Permit application
was determined to be incomplete and an EIR is being required due to numerous potential environmental
impacts). Commercial development in the project area may be more appropriate at the intersection of SR-
99 and Durham-Pentz Raad to take advantage of the pass-by traffic on SR-99 and students traveling to or
from Butte Community College. However, the Durham-Pentz Road/SR-99 location would not be a good
location for a commercial use for people driving on Clark Road.
• Infll within the adjacent designated urban area has reached a 75% level of development. Development is
defined as improvements to property including, but not limited to, non-agricultural buildings or structures.
The project site is not located adjacent to a designated urban area. The nearest designated urban area is
located approximately 10 miles to the south of the site in Oroville. The project would not be consistent
with this criterion. This is a policy conflict, not an environmental impact, and will be addressed at the time
^ Butte County Department of Development Services ^
^ Initial Study -Wallrich & Katz GPAJREZ 04-02 ^ Page 10 of 55 ^
Project Name: WaElrich & Katz General Plan Arrsendment & Rezone, File # GPA/RZ 04-02
public hearings on this project are held by the Butte County Planning Commission and Board of
Supervisors.
Policy 2.8 of the Agricultural Element states that conversion of agricultural land to non-agricultural land shalt only
occur when full mitigation of impacts to the extent under law are provided including, but not limited to, roads,
drainage, schools, fire protection, law enforcement, recreation, sewage, and lighting. The primary impacts caused
by the project would be to surface water drainage and vehicle circulation. Conditions of the project require that
drainage plans be submitted to and approved by the Department of Public Works and Caltrans. Some road
improvements tnay be required to Durham Pentz Road and Clark Road, the cost of which would be home by the
applicant. Future development an the project site would be conditioned to require payment of fair-share fees for the
installation of a signal light at the intersection of Durham-Pentz Road/Clazk Road. School fees and Sheriff's fees
are required to be paid at the time of building pemut issuance for the commercial structures placed on the project
site. The Butte County Board of Supervisors is currently considering adapting impact fees for new commercial
development. If the fees are approved, the future commercial uses on the project site would be required to pay the
required fees at the time of building permit issuance.
As stated above, the project site is completely physically isolated from the large grazing parcels found in the project
area. The two 5-acre parcels to the south, the Butte Community College wastewater evaporation ponds to the west,
Durham-Pentz Road and Butte Community College to the north, the commercial use to the northeast, and Clark
Road to the east all act to isolate the project site from Iarge, viable, grazing lands. The two project parcels do not
appeaz to be viable far seasonal grazing purposes due to their small size, lack of adequate grasses, poor soils, and
physical isolation from other grazing parcels. The Butte County Agricultural Commissioner's Office generally
objects to this project, stating that the conversion to commercial uses could encourage the landowners of large
grazing parcels in the project area to subdivide their parcels or convert them to non-agricultural uses. The
Agricultural Commissioner's Office also stated that for rangeland to be viable on this soil it has to be large and open
and further stated that the project site does not meet either of these two requirements.
The project is not expected to have any significant impacts on agricultural uses based upon the following facts:
• The two project parcels, at approximately 4.4 and 12.9 acres each, are not large enough for viable livestock
~~thg•
+ The project site lacks adequate grasses to support livestock grazing.
• The very thin, seasonally-saturated soils on the project site make other agricultural uses {i.e., row crops or
orchards} unfeasible.
• The project site is located adjacent to an existing 1Q-acre parcel that has a General Plan land use
designation of Commercial and which is zoned Community-Commercial (C-C). A gas
stationlnnaurketlrestaurant is located on this parcel.
• The project site is completely isolated from large grazing parcels by two 5-acre residential parcels to the
south, the Butte Community College wastewater evaporation ponds to the west, Durham-Pentz Road and
Butte Community College to the north, a gas station/znarketlrestaurant to the northeast, and Clark Road to
the east.
• The project site is not subject to a Williamson Act contract.
• The Clark Road (SR-191} right-of--way acts as a large (115 to 145 foot) buffer between the proposed
commercial uses and the seasonal livestock grazing use to the east of the project site.
• No residential uses are proposed to be placed on the project site.
As previously noted, the project appears to be inconsistent with several of the policies or programs contained in the
Butte County Agricultural Element. These potential inconsistencies aze not environmental impacts and will be
addressed at the time public hearings on this project are held by the Butte County Planning Canunission and Board
of Supervisors. These inconsistencies could result in the projec# being denied.
Mitigation Measure: None requited.
^ Butte County Department of Development Services ^
^ Initial Study - Wallrich & Katz GPAIREZ 04-42 ~ Page I 1 of 55 ^
ProjecE Name: Wa]]rich & Katz Genera! Plan Amendment & Rezone, File # GPA/RZ 04-02
4.3 AiR QUAL)(TY:
Potentially Less Than Less Than No Reviewed
Would the proposal: Significant Significant Significant Impact Under
Impact with Impact Previous
[Mitigation Document
incorporated
a. Conflict with or obstruct implementation of the X
a licable air uali lan?
b. Viola#e any air quality standard or contribute
substantially to an existing or projected air quality X
violation?
c. Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainmentunder anapplicable federal or state ambient X
air quality standard (including releasing enssions which
exceed uantitative thresholds for ozone recursors ?
d. Expose sensitive receptors to substantial pollutant X
COI1CEntratloIls?
e. Create objectionable odors affecting a substantial X
number of eo le?
1<mpact 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. In addition, each agency has
several levels of classifications based on severity of the problem. Butte County and all northezn Sacramento Valley
Air Districts have been designated as "moderate" non-attainment areas for the state standards for ozone and f`me
particulate matter (PM30}. Currently, Butte County is in attainment for all the federal {less stringent) air quality
standards, except for ozone. Butte County is designated as a "basic" non-attainment area for ozone.
Project-generated traffic would modify traffic volumes on the local street network, changing carbon monoxide levels
and other vehicle-relation emissions along roadways used by project traffic. Concentrations of these pollutants are
related to the levels of traffic and congestion along streets and at intersections. Many of the vehicle trips attributable
to the project are expected to be "pass by" trips. This means that of the trips generated by the project many will be
from vehicles that are already traveling on Durham-Pentz Road and Clark Road.
Additional air quality impacts could be caused by the various types of commercial uses that would be allowed on the
project site. The future commercial business on the project site may be required to obtain Authority to Construct and
Permit to Operate permits from the Butte County Air Quality Management District. The District reviews these
applications to determine if expected air emissions from a business meet all air quality regulations. The District
establishes the standards by which the equipment must be operated and is reviewed annually. The equipment is
inspected periodically by District staff:
Construction activities an the site may create fugitive dust emission during site development activities, such as
grading, excavation for foundations and utilities, drivewaylroad construction, and other soil work. The Butte
County Air Quality Management District recommends incorporating measures to control fugitive dust emission for
all road and other construction activities during project development, using such nrtethods as site and driveway
watering and/or use of other acceptable soil palliatives. To ensure that fugitive dust emissions resulting from future
development on the site do not create any significant impact, Mitigation Measure # 5 is recommended that requires
all development activities on the site prevent fugitive dust emissions. Mitigation Measure # 6 is recommended that
requires all drivable areas, such as driveways, parking lots, and truck loadinglunloading areas, be paved to reduce
fugitive dust emissions.
During project construction, various diesel-powered vehicles and equipment in use on the site would create odors.
These odors are not likely to be noticeable beyond the project boundaries, however. The proposed project
commercial uses are not likely to create objectionable odors.
^ Butte County Department of Development Services ~
~ lrutial Study - Walhich & Katz GPA/REZ 04-02 ~ Page 12 of 55 ^
Project Name: Walleich & Katz General Fian Amendment & Rezone, Fila # CsPAJRZ 04-02
The project site is located adjacent to a parcel that contains several large wastewater evaporation ponds. The
wastewater evaporation ponds, which are awned by the Butte-Glenn Community College District ponds, are used
for the disposal of secondary treated domestic wastewater generated by Butte Community College. The water being
evaporated in the ponds bas already been treated and odors from the wastewater evaporation ponds are not expected
to be detected on the project site. Waste Discharge Requirements (Order No. RS-2003-0143) issued by the
California Regional Water Quality Control Board for the wastewater evaporation ponds requires that no
objectionable odors originating at this facility shall be perceivcd beyond the limits of the Discharger's property.
Mitigation Measure # 5:
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. Watez shall be applied by means of truck(s), hoses, and/or sprinklers as needed pzioz to any land clearing or
earth. movement to minimize dust emissions.
b. Haul vehicles transporting soil into or out of the pzopezty shall be covered.
c. A water truck shall be oxt site at aIl times. Water shall be applied to disturbed areas a minimum of two (2) times
per day or more as necessary.
d. On-site vehicles shall be limited to a speed of 15 mph on unpaved roads.
e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This
person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air
Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance
and Fugitive Dust Emissions}.
f. All visibly dry disturbed sozl surface areas of operation shall be watered to rr~?mfze dust emissions.
g. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant
a greater frequency.
Plan Requirements: The note shall be placed on all building and site development plans.
Timing: Requirements of this mitigation measure shall be adhered to throughout all grading and construction
periods.
Monitoring: Department of Development Services shall ensure that this note is placed on al! building and site
development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air
Quality Management District inspectors shall respond to nuisance complaints.
Mitigation Measure # 6:
All drivable areas, including but not limited to parking lots, driveways, and truck loading/unloading areas, shall be
paved. The paved areas shall be maintained so as to prevent any fugitive dust emissions.
Plan Requirements: The note shall be placed on all building and site development plans.
Timing: Requirements of this mitigation measure shall be adhered to throughout all grading and construction
periods.
Monitoring: Department of Development Services shall ensure that this note is placed on all building plans and site
development plans. Building inspectors shall spot check and shall ensure compliance on-site.
^ Butte County Department of Development Services ^
^ Initial Study - Walhich & Katz GPA/REZ 04-02 ^ Page 13 of 55 ~
Project Name: Wallrich & Katz General Ptan Amendment & Rezone, File # GPA/RZ 04-02
4.4 BIOLOGICAL RESOURCES:
Would tlae proposal: Potentially
Signit'ieant Less Than
Signitcant Less Than
Significant No
Impact Reviewed
Under
Impact with Impact Previous
Tvlitigation Document
Incorporated
a. Have a substantial adverse effect, either directly or
tluough habitat modifications, on any species
identified as a candidate, sensitive, or special status X
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural comrnunity
identified in local or regional plans, policies, X
regulations or by the California Department of Fish
and Garne or U.S. Fish and Wildlife Service?
c. Have a substantial adverse effect on federally
prott:cted wetlands as defined by Section 404 or the
Clean Water Act {including, but not limited to, marsh, X
vernal pool, coastal, etc.) through direct removal,
fillip , h drolo 'cal interrtl Lion, or other means)?
d. Interfere substantially with the movement of any
native resident or migratory fish and wildlife species
or with established native resident or migratory X
wildlife corridors, or impede the use of native wildlife
nurse sites?
e. Conflict with any local policies or ordinances
protecting biological resources such as a tree X
reservation lic ordinance?
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation X
Plan; or other approved local, regional, or state habitat
conservation laW?
g. A reduction in the numbers, a restriction in the range,
or an impact ko the critical habitat of any unique, rare, X
threatened, or endangered s ecies of animals?
h. A reduction in the diversity or numbers of animals
onsite (including mammals, birds, reptiles, X
hibiaWS, fish or invertebrates ?
i. A deterioration of existing flsh or wildlife habitat {for X
fora ' , breedin , roostin ,Westin ,etc. ?
j. Introduction of barriers to movement of any resident X
or nri to fish or wildlife s ecies?
k. Introduction of any factors (light, fencing, noise, .
human presence andlor domestic aruur~ais) which could X
hinder the normal activities of wildlife?
Impact Discussion:
The project site is Iocated in an annual grassland vegetation habitat. The project site does not contain any blue-line
creeks, but two open ephemeral drainage swales are found on the project site, one of which flows frorrl Durham-Pentz
Road to a point approximately 1,200 feet south of Durham-Dayton Road (this Swale drains onto the parcel to the
west of the site and appears not to flow off of this parcel) and the other Swale is located on the southern portion of
^ Butte County Department of Development Services ^
^ Initial Study - Walh7ch & Katz GPA/REZ 04-02 ^ Page 14 of 55 ^
Project Name: Wallrich & Katz General Plan Amendment & Rezone, File # GPAIl2Z 04-02
the project site and flow to the northwest far a distance of approximately 300 feet. Neither of these swales have an
established riparian corridor. Several possible vernal pools are found on the southern drainage Swale.
The property is primarily dominated by annual grassland habitat and support common species of mostly non-native
upland species. Species on the site may include wild oat, soft chess, filaree, star thistle, tarweed, medusa-head grass, and
Italian ryegrass. Four large valley oaks {quercus lobata) are found on the southern portEOn of the project site. No other
trees are found on the site. Wildlife species within this habitat include western meadowlark, common garter snake,
mourning dove, and black-tailed jack rabbit. The project site is not located within an identified deer herd range. Deer
are found in the project area, but the site's location at a major crossroads would discourage deer from using the site.
Many species of plants and animals within the State of California have low populations, limited distributions, or
both. Such species may be considered "rare" and are vulnerable to extirpation as the state's human population
grows and the habitats these species occupy are converted to agricultural and urban uses. A sizable number of
native species and animals have been formally designated as threatened or endangered under State and Federal
endangered species legislation. Others have been designated as "Candidates" for such listing; still other have been
designated as "Species of Special Concern" by the California Department of Fish and Game (CDFG}. The
California Native Plant Society (CLAPS) has developed its own set of lists of native plants considered rare,
threatened or endangered. Collectively, these plants and animals are referred to as "special status species."
The California Natural Diversity Database (CNDDB Rarefied 2, Government Version, Jam-02-2003) was reviewed to
deterntine if any special status species or habitats occur on the project site or in the project area. 'The CNDDB showed
occurrences of Butte Counfiy checkerbloom {Sidalcea robusta) and rose-mallow (Hibiscus Iasiocarpus) in the project
area. Several occurrences of Butte County checkerbloom have been found on Butte Community College.
Butte County checkerbloom is not listed as a Federal or State endangered, threatened, or rare plant species (California
Department of Fish and Game, State and Federally Listed Endangered, Threatened, and Rare Plants of California,
January 2005). The California Native Plant Society web page (littp:lhuw«~.northcoast.com/~cnE~s_/ce,i_-
bit>Icnpslsensiuv,cai) lists this plant species as follows:
LIST: Rare, threatened, or endangered in California and elsewhere.
RARITY: A limited number of occurrences in California, occasionally more if each occurrence is small.
ENDANGERMENT: Fairly endangered in California
DISTRIBUTION: Endemic to California.
The California Department of Fish and Game's Special Vascular Plants, Bryophytes, and .Lichens List, July 2004,
con#'irrns the CLAPS listing.
According to the CLAPS Butte County checkerbloom is normally found in chaparral and cismontane woodland
habitats. Butte County checkerbloom is lmown from approximately twenty occurrences and is possibly threatened
by residential development and fire suppression. The project site does not contain chaparral and cismontane
woodland habitats where Butte County checkerbloom would be found.
Rarefied 2 shows that two occurrences of rose-mallow are found to the north and west of the site, both along Clear
Creek. Two occurrences of rose-mallow were found on Butte Community College in the 1970's, but a more recent
survey did not find any occurrences of this species. Rose-mallow is not listed as a Federal or State endangered,
threatened, or raze plant species {California Department of Fish and Game, State and Federally Listed Endangered,
Threatened, and Rare Plants of California, January 2005}. Rose-mallow is listed by the California Native Plant
Society (GNPs} as follows:
LIST: Rare, threatened, or endangered in California, but more common elsewhere.
RARITY: A limited number of occurrences in California, occasionally more if each occurrence is small.
ENDANGERMENT: Fairly endangered in California
DISTRIBUTION: More or less widespread outside California
According to the GNPs, rose-mallow is normally found along the margins of freshwater marshes and swamps. The
CLAPS web page also states that most occurrences of rose-mallow are very small and is seriously threatened by
development, agriculture, recreation, and channelization of the Sacramento River and its tributaries. Rose-mallow is
widespread but also threatened in eastern North America. Rose-mallow may be found along the small drainage
Swale that is located on the project site.
^ Butte County Department of Development Services ~
^ Initial Study - Walhich & Katz GPAIREZ 04-02 ~ Page IS of 55 ^
Project Name: Wa]]rich & Katz General Plan Amendment & Rezone, File # GPA/C2Z 04-02
Butte County meadowfoam {Limnanthes flocosa ssp. Califarnica} has been identified on the Butte Community
College property to the north of the project site (Initial Study/Mitigated Negative Declaration, Butte College
Facilities Master Plan, April 2002). Several surveys for rare, endangered, and threatened plant species on the large
parcel located on the northeast comer of Durham-Pentz Road and Clark Road did no# identify any Butte County
meadowfoam plants. The California Natural Diversity Date Base shows that the nearest documented occurrence of
Butte County meadowfoam to the project site is located approximately 2.7 miles to the south. Butte County
meadowfoam is listed by the State of California and by the Federal Government as Endangered. Butte County
meadowfoam is listed by the California Native Plant Society (CNPS) as follows:
LIST: Rare, threatened, or endangered in California and elsewhere.
RARITY: One to several highly restricted occurrences, or present in such small numbers that it is seldom reported.
ENDANGERMENT: Seriously. endangered in California.
DISTRIBUTION: Endenuc to California.
Butte County meadowfoam occurs in three types of seasonal wetland habitats: along the edges of vernal pools and
ephemeral streams, and occasionally around the edges of isolated vernal pools. It generally occurs on level to gently
sloping terrain on poorly drained soils with shallow soil layers impermeable to water infiltration. Tt thrives in
waterlogged soils and tolerates periodic submergence. Protecting the watershed that contributes runoff to
meadowfoam habitat is required to ensure the continuation of the moisture regime of vernal pools, discourage
competition by aggressive upland species and maintain Butte County meadowfoam populations.
The species is restricted to a narrow 25-mile strip along the eastern flank of the Sacramento Valley from central
Butte County to the northern portion of the City of Chico. The range has not changed significantly from historical
times, but the number of populations, the area occupied, and the amount of available habitat within the range has
declined significantly in the last 30 years. Although never extensive in range, Butte County meadowfoam has been
significantly reduced and fragmented by development in the Chico area. Butte County meadowfoam distribution is
highly fragmented, with populations clustered in central Butte County neaz the type locality and in and near the City
of Chico. All remaining known populations of Butte County Meadowfoam aze subject to urban development,
airport maintenance activities, conversion of agricultural lands to other uses, and/or road widening or realignment.
The drainage Swale that is found on the project site is considered to be a wetland, where Butte County meadowfoam
may be found. Wetlands are azeas that aze periodically or permanently inundated by surface or groundwater, and
support vegetation adapted to saturated conditions. They are important for the maintenance of water quality and
natural hydrologic flow. Furthermore, they are considered to be biologically significant habitat features, hosting a
unique assemblage of plants and animals and providing critical breeding and foraging habitat for a variety of birds,
amphibians, and invertebrates.
Two protected animal species that maybe found in wetlands include vernal pool fairy shrimp (Branchinecta lynchi)
and conservancy fairy shrimp {Branchinecta conservation). The vernal pool fairy shrimp is aFederal-listed
Threatened species and the conservancy fairy shrimp is a Federal-listed Endangered species (California Department
of Fish and Game, State and Federally Listed Endangered and Threatened Animals of California, August 2004}.
Vernal gaol fairy shrimp and conservancy fairy shrimp inhabit pools with clear to tea-colored water, most
commonly in grass or mud bottomed swales, or basalt flow depression pools in unplowed grasslands, but sometimes
in sandstone rock outcrops and alkaline vernal pools.
The project could result in significant impacts to Rase-Mallow, Butte County meadowfoam, vernal pool fairy
shrimp, and conservancy fairy shrimp, which, if found on the project site, would be found in or directly adjacent to
the swales that are located on the project site. To reduce impacts to these plant and animal species, Mitigation
Measure # 7 is recommended that requires either a 50-foot "No Disturbance Area" along both sides of the drainage
Swale (far a total width of 100 feet} or that the applicant or his/her successors, heirs, assigns show evidence to the
County that a Clean Water Act Sectiort 404 Individual Permit has been obtained from the U.S. Army Corps of
Engineers, which address potential impacts to habitat or potential habitat for Butte County meadowfoamn, Butte
County checkerbloom, rose-mallow, vernal pool fairy shrimp, and conservancy fairy shrimp. The Section 404
Individual Pemrit would also evaluate impacts to vernal pool.
The project site is located in a large area that contains many vernal pools. In 2002, the U.S. Fish and Wildlife
Service (USFWS) proposed to designate approximately 69,844 acres of Butte County as Vernal Pool Critical
Habitat (VPCIT1i . In 2003, the USFWS subsequently removed all of Butte County from the VFCH program. GIS
^ Butte County Department of Development Services ^
^ Initial Study - Wallrich & Katz GPAIREZ 04-02 ^ Page 16 of 55 ^
Project 1+3ame: Wallrich & Katz General Plan Amendment & Rezpne, File # GPAIRZ 04-02
mapping provided by the USFWS shows that the project site is within the area that was proposed for inclusion into
VPCH.
The project site is loco#ed in an area where several species of raptors and migratory birds; such as American kestrel,
red-tailed hawk, black-shouldered kite, northern harrier and Swainson's hawk, may utilize for foraging and/or
nesting. Ground nesting birds such as northern harrier are known to occur within five miles of the project site.
Active raptor and migratory bird nests are protected by the California fish and Game Code Section 3503.5 and the
Migratory Bird Treaty Act.
The loss of agricultural and grass lands to various residential axzd commercial developments is a serious threat to
raptor species throughout California. Additional threats are habitat loss due to riverbank protection projects,
conversion from agricultural crops that provide abundant foraging opportunities to crops such as vineyards and
orchards which provide fewer foraging opportunities, shooting, pesticide poisoning of prey animals and hawks on
wintering grounds, competition from other raptors, and human disturbance at nest sites.
To ensure that no active raptor nesting sites would be impacted by the project, apre-construction raptor survey is
required to be conducted if any development activity occurs during the nesting season {February through
September). This is added as Mitigation Measure # 8.
As previously mentioned, there are four large valley oaks (guercus lobata) on the project site. These oaks are
grouped together in the southern portion of the project site. Valley oaks are not classified as a rare, threatened, or
endangered species, but there has been a significant loss of valley oaks in Buttc County due to residential
developments, agricultural uses, fuewaod, and livestock grazing. The four valley oaks on the project site are very
tall and are considered to be heritage trees due to their old age. Loss or damage to these trees due to development on
the project site has the potential to cause a significant impact to the wildlife, such as birds, that utilize these trees. To
prevent significant impacts to the four valley oaks, Mitigation Measure # 9 is recommended that requires that these trees
be retained and that no disturbance occur within the dripline of each tree.
This project will have an impact to fish and/or wildlife due to impacts to oak habitat and wetlands habitat,
potentially containing rare, threatened, ar endangered plant species. The payment of fees under Public Resources
Code Section 21089 and as defined by Fish and Game Code Section 711.4 is required. These fees are payable by
the project applicant upon filing of the Notice of Determination by the County.
The proposal would mat conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, local policies or ordinances protecting biological resources, or other approved local, regional, oz
state habitat conservation plan as there are no adopted plans affecting the project site.
Mitigation Measure # 7:
No development shall occur within fifty (50) feet from both sides of the middle of the drainage Swale {a total width
of 100 feet) loco#ed an the northern portion of the project site;
or,
Prior to any development activity, including but not limited to vegetation removal, grading, ar other soil disturbance
activities, the applicant or his/her successors, heirs, assigns shall show evidence to the County that a Clean Water
Act Section 404 Individual Permit has been obtained from the U.S. Army Corps of )engineers. The applicant or
his/her successors, heirs, assigns shall comply with the mitigation and monitoring approved by the Gorps, that
address potential impacts to habitat or potential habitat for the following species: Butte County Meadowfoam, Butte
County checkerbloom, rose-mallow, vernal pool fairy shrimp, and conservancy fairy shrimp.
Plan Requirements: if Option 1 is chosen, the no development area shall be shown on all building and site
development plans. if Option 2 is chosen, the Section 404 Pemut shall be submitted to the Department of
Development Services for review prior to any development activity. A copy of the Section 404 Permit shall be
submitted with all building permits.
Timing: Requirements of this mitigation measure shall be adhered to at all times
Monitoring: The Department of Development Services shall not issue a building permit for any structures placed
within the no development area if Option 1 is chosen. The Department of Development Services shall review each
building permit application for compliance with the Section 404 Permit if Option 2 is chosen.
~ Butte County Department of Development Services n
~ Initial Study - Walhich & Katz GPAIREZ 04-42 ~ Page 17 of 55 ~
Project I+€ame: Wallrich & Katz General Plan Amendment & Rezone, File # GPA/RZ 04-02
Mitigation Measure # 8:
Perform the following mitigations concerning area raptors (American kestrel, red-tailed hawk, black-shouldered
kite, and Swainson's hawk}, and their nests:
a. If development of the proposed improvemen#s occur during the breeding season (February through September),
pre-construction surveys shall be conducted by a qualified biologist to determine if nestinglbreeding activities
aze occurring. Any portion of the subject property that lies within 500 feet of an active nest shall be surrounded
by an orange fence during construction activities. Any construction activities planned for areas that are within
500 feet of any active nest shall be delayed until after the young have been fledged. The survey shall take place
prior to any development activities.
The survey and all findings shall be provided to the Department of Development Services. The Departn~.ent of
Development Services shall ensure that compliance with any limitations on construction activities in the vicinity
of any identified nests. The survey shall be conducted by a qualified biologist no more than 30-days prior to the
onset of construction acrivities.
b. If no active nests are identified during the pre-construction survey or if construction activities are proposed to
occur during the non-breeding season (October through 7anuary}, no further mitigation shall be required.
c. Place a note on a building and site development plans that states: "Prior to any development activity during
raptor breeding season (February through September) a raptor survey prepared by a qualified biologist shall be
required."
Plan Requirements: Preconstruction raptor surveys shall be accomplished 30-days prior ko construction during the
breeding season. Any identified nests shall be marked and identified with a 500-foot no-disturbance buffer until
young have fledged.
Tuning: This mitigation shall take place prior to all subdivision development activities.
Monitoring: The Department of Development Services shall monitor compliance with this mitigation and shall
receive all pre-construction survey information prior to construction activities.
This mitigation measure applies only once if the whole project site is graded at one time. Otherwise, incremental
grading of the project site will require a sepazate raptor survey for each portion of the project site graded separately.
Miti~atian Measure # 9:
The four existing valley oaks on the project site shall be preserved and shall be protected from all development
activities. No disturbance, including but not limited to grading, structures, parking Iots, shall be allowed with the
dripline of each tree. Prior to any development activity near these trees, an orange construction fence shall be
erected at the dripline of each tree. The applicant shall construct a barrier around each tree to prevent vehicular
access within the dripline.
Plan Requirements: The four valley oaks and the no disturbance area around each tree shall be shown on all
building and site development plans.
Timing: Requirements of this mitigation measure shall be adhered to at all times.
Monitoring: Department of Development Services shall review all building and site plans to ensure no
development occurs within the dripline of the trees. Building inspectors shall spot-check during building
inspections.
4.5 CULTURAL RESOURCES:
Potentially Less Than Less Than Igo Reviewed
Would the proposal: Significant Significant Significant Impact Under
Impart with Impact Previous
Mitigation Document
Incorporated
a. Cause a substantial adverse change in the significance X
~ Butte County Department of Development Services ^
^ Initial Study- Walhich & Katz GPA/REZ Od-02 ^ Page 18 of 55 ^
Project Name: Walkrich & Katz General Plan Amendment & Rezone,l=ile # GPA/ltz 04-02
Potentially Less Than Less Than No Reviewed
Would the proposal: Significant Significant Significant Impact Under
Impact with Impat# Previous
Mitigation Document
Incorporated
of a historical resource as defined in § 15064.5?
b. Gause a substantial adverse change in the significance of X
an archaeolo teal resource ursuant to § 15064.5?
c. Directly or indirectly destroy a unique paleontological X
resource or site or uni ue eologic feature?
d. Disturb any human remains, including those interred X
outside of formal cemeteries?
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, object (i.e., artifact), or feature that defines and illuminates our past. According to
Butte County constraints mapping, the project site is located in an area considered to have a low to moderate
archeological sensitivity. Often cultural resources are found in foothill areas, areas with high bluffs, rock
outcroppings, areas overlooking deer migratory corridors, oz near bodies of water. The project site is located in a
valieylfoothill transitional area and could have been utilized in prehistoric times, but does not contain any of the
physical characteris#ics where cultural resources are usually found. The project site does not contain any rock
outcroppings that could have been utilized for shelter or rock mortar milling stations or any drainages that would
have provided a food or water source. The project site is located near the historic community of Pentz, which was
located near the intersection of Durham-Pentz Road and Messina Valley Road. There are no structures on the site
and there is no evidence of any structures ever being on the site.
Grading and other soil disturbance activities on the project site ira relation to future commercial development have
the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric
cultural resources that may be uncovered during development activities on the project site, Mitigation Measure # 10
is recommended that requires all construction activity halt and the county Planning Division and a professional
archaeologist be consulted to evaluate the find(s).
Mitigation Measure-_# 10: Should development activities reveal the presence of cultural resources (i.e., artifact
concentrations, including arrowheads and other stone tools or chippiwg 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. Should human
skeletal remains be encountered, State law requires immedia#e notification of tl~~e 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 Nalave American participation in
determin;ng the disposition of such remains.
Plan Requirements: This note shall be placed upon future recorded reaps and on all building and site development
plans.
Timing: This measure shall be implemented during site preparation and construction.
Monitoring: Should cultural resources be discovered, the developer shall stop all work with 50 feet of the find and
shall contact the Planning Division. The Planning Division shall coordinate with the developer and appropriate
authorities to avoid damage to cultural resources and determine appropriate action.
4.6 GEOLOGIC PROCESSES:
Potentially Less Than Less Than iVo Reviewed
Would the proposal: Significant Significant significant Impact Under
Cmpact with Impact Previous
Mitigation Document
Incorpora#ed
^ Butte County Department of Development Services e
^ initial Study - Walhich & Katz GPAIREZ 44-02 ^ Page 19 of 55 ^
Project Name: Wallrich & Katz General Plan Amendment & Rezone, File # GPA/RZ Q4-02
Potentially Less Than Less Than No Reviewed
Would the proposal: Significant 5igniGcant Significant Impact Under
Impact with Impact Previous
Mitigation Docament
Incorporated
a. Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
1. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the ~
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
2. Strong seismic ground shaking? X
3. Seismic-related ground failure, including X
liquefaction?
4. Landslides? X
b. Result in substantial soil erosion or the loss of to soil? X
e. Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project, X
and potentially result in on- ar off site landslide, lateral
s readin ,subsidence, li uefaction or colic se?
d. Be located on expansive soil, as defiined in Table I8-1-
B of the Uniform Building Code {1994}, creating X
substantial risks to life or roe ?
e. Have soils incapable of adequately supporting the use
of septic tanks or alternative waste water disposal X
system where sewers are not available for the disposal
or waste water?
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. The site is not within an Alquist-Priolo Earthquake fault
none or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located
approximately I4 miles from 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 comer of Butte County neaz 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 area of these short faults;
however, other geologic evidence indicates these faults are not active (Butte County General Plan 1977). The Butte
County GIS Fault Lines theme shows that two possible faults with activity unknown are located approximately 0.65
and 1.6 miles to the westlsouthwest of the project site. These potential faults have not experienced any known
movement during historical times. No impacts aze anticipated since no rupture of a known earthquake fault exists in
the project area.
The 80-mile-long Midland-Sweitzer fault is located approxima#ely 50 miles southwest of the project site. This fault
is considered active and has caused historic earthquakes of Richter magnitudes 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 5 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 ^
^ Initial Study - Walh-ich & Katz GPA/REZ 04-02 ^ Page 20 of 55 ^
Project Tlarne: WalErich & Katz General Plan Amendment & Rezone, File # GPA/RZ 04-02
Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future
time. Accordingly, all buildings, pipes, light poles, roadways, and other improvements would be designed and
installed in accordance with Uniform Building requirements. Because the project site appears to be located such
that the probability of significant groundshaking is low, and because the future structures on the project site would
be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard
Zone, potential geologic impacts would be less than significant.
Liquefaction is a phenomenon where loose, saturated, granular soils lose their inherent shear strength due to excess
water pressure that builds up during repeated movement from seismic activity. Factors that contribute to the
potential for liquefaction include a low relative density of granular materials, a shallow groundwater table, and a
long duration and high acceleration of seismic shaking. The Butts 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.
The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that
there is a little or no potential for subsidence or landslides in this area. Grading standards required to be met for the
issuance of a building permit would reduce any potential impact.
The soil erosion potential for the project sits is moderate, according to Butte County General Plan GIS data. The
soil on the project site is Corning gravelly sandy loam. The Corning series consists of well-drained gravelly Ioams
on dissected terraces. These soils have a subsoil of clay. Permeability of this Coming soil is very slow. Surface
runoff is slow to medium, and the erosion hazard is moderate. The available water holding capacity is 2.0 to 3.4
inches. Large amounts of grading associated with future commercial development on the site may be required due
to the slopes an the site.
Project construction activities would be subject to National Pollutant Discharge Elimination System {NPDES}
General Construction Activities Storm Water permit program. This program requires implementation of erosion
control measures during and immediately after construction tUat are designed to avoid significant erosion during the
construction period. In addition, the project operation would be subject to State Water Resources Control Board
requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP} to
control pollution in stormwater runoff from the project site, including excessive erosion and sedimentation.
All dischargers are required to prepare and implement a SWPPP prior to disturbing a site. The SWPPP must be
implemented at the appropriate level to protect water quality at all times throughout the li#'e of the project. Non-
storm water best management practices {BMPs) must be implemented year round. The SWPPP shall remain on the
site while the site is under construction, commencing with the initial mobilization and ending with the termination of
coverage under the permit. The SWPPP has two major objectives: (1} to help identify the sources of sediment and
other pollutants that affect the quality of storm water discharges and (2} to describe and ensure the implementation
of BMPs to reduce or eliminate sediment and other pollutants in storm water as well as non-storm water discharges.
The SWPPP shall include BMPs which address source control and, if necessary, shall also include BMPs which
address pollutant coutrol. Required elements of a SWPPP include: (1) site description addressing the elements and
characteristics specific to the site, (2) descriptions of BMPs for erosion and sediment controls, (3) BMPs for
construction waste handling and disposal, {4) implementation of approved local plans, (5) proposed post-
construction controls, including description of local post-construction erosion and sediment contra] requirements,
and (6) non-storm water management. The requirement for a SWPPP is added as Mitigation Measure #1 11.
The soil on the site -Coining gravelly sand loam - has a high shrink-swell potential (expansiveness). Soil tests
may be required prior to the issuance of building permits on the site to determine the expansiveness of the soil. The
Butte County Building Division may require that the foundations of future structures on the site be designed and
constructed to handle the shrinklswell characteristics of expansive soils. Standard grading and foundation design
would reduce any potential impacts.
No public sewage disposal systems are found in the project area. The nearby Butte Community College utilizes a
sewage treatment facility (which includes large evaporation ponds), but the coIlege's system is used only to heat sewage
generated by the college. Sewage disposal for future commercial uses on the site would be handled either by individual
on-site septic systems or through the use of some type of an engineered system. According to the Butte County
Environmental Health Division, the soils on the project site are generally shallow (one to two feet) over hardpan and ors
seasonally saturated. Soils in the project area consist of a thin veneer of silt, clay, and sandy clay extending to a depth of
approximately 1 to 3 feet below existing site grade. The soil on the site exhibits very slow permeability. Slow
^ Butte County Department of Development Services ^
^ Initial Study - Wallrich & Katz GPAIREZ 04-02 ^ Page 21 of 55 ^
Project Name: Wallrich & Katz General Plan Amendment & Rezone, Fife # GPA/RZ 04-02
percolation places severe limitations affecting septic tank absorption fields.
The Envuanmental Health Division states that the adjacent Butte College wastewater evaporation ponds did not require
a Iiner due to the impervious nature of the underlying soils and that the septic systems for the two dwellings to the south
of the project site required the importation of large amounts of soil to create leachfelds. The commercial use to the east
of the site utilizes a conventional septic system (septic tank and leachfteld with two feet of sail), but this system was
approved when sewage disposal standards were less restrictive then they are now. The Environmental Health Division
also stated that the Swale on the project site would limit useable sewage disposal area and that a standard sewage disposal
system {septic tank and leach field) in all likelihood would not be feasible.
The Environmental Health Division concludes that any engineered systems andlar any wastewater amounts exceeding
1,000 gallons per day would need to be approved by the Califomia Regional Water Quality Control Board. Land
disposal of treated wastewater {i.e., evaporation ponds} is currently not allowed in Butte County, but the Butte County
Board of Supervisors is currently considering a change to this policy that would allow land disposal of treated
wastewater in certain circumstances. A Waste Discharge Requirements permit must be obtained from the Regional
Water Quality Control Board far an on-site wastewater treatment facility. The requirement for a sewage disposal
system is added as Mitigation Measure # 12, and requires that the sewage disposal system be approved by the Butte
County Environmental Health Division andlor the California Regional Water Quality Control Board prior to any
development activity and prior to issuance of a building pemut. Failure to obtain the required permits for an on-site
sewage disposal system would result in the project site notbeing developed with commercial uses.
Mitigation Measure # 11:
Prior to submitting any development applications or engaging in any development activities, the applicant or his/her
successors, heirs, assigns shall obtain all necessary pezrnitslcertifications from the Regional Water Quality Control Board
{RWQCB) regarding National Pollutant Discharge Elimination System (NPDES} regulations and shall show evidence of
compliance with the RWQCB regulations prior to on-site grading activities or other soil disturbance activities.
Plan Requirements: The approved Storm Water Pollution Prevention Plan (SWPPP) shall be attached to all
building and site development plans.
Timing: The requirements of the approved Storm Water Pollution Prevention Plan shall be adhered to at all times.
Monitoring; The applicant or his/her successors, heirs, assigns are responsible for ensuring compliance with the Storm
Water Pollution Prevention Plan. The California Regional Water Quality Control Board and the Butte County
Public Works Department shall respond to any storm water runoff problems.
Miti anon Measure # 12:
Prior to any development activities on the project site and prior to issuance of a building pemut for a commercial use, the
applicant or his/her successors, heirs, assigns shall obtain all required permits for the on-site disposal of wastewater from
the Butte County Environmental Health Division and the California Regional Water Quality Control Board.
Plan Requirements: The method of sewage disposal shall be shown on all building and site development plans. A
copy of the Waste Discharge Requirements and all attachments shall be attached to all building and site
development plans.
Timing: The applicant/developer shall obtain aIl required sewage disposal permits prior to development activities
and prior to issuance of building permits.
Monitoring: The Butte County Environmental Health Division and/or the California Regional Water Quality
Control Board shall inspect the sewage disposal system. The Department of Development Services shall not issue a
building permit for a commercial use until the required sewage disposal system pernnits are issued.
4.7 HazaRns arras 13AZARDOUS Ma7cERIa~,S:
Would the proposal:
Potentially
Less Than
Less Than
No
Reviewed
Significant Significant Significant Impact Under
Impact with Impact Previous
Mitigation Document
Incorporated
^ Butte County Department of Development Services ^
^ Initial Study - Wallrich & Katz GPA/REZ 04-02 ^ Page 22 of 55 ^
Project Name: Wallrich & Katz General Pian Amendment & Rezone, File # GPAIRZ 04-02
Worzld the proposal:
Potentially
Less Than
Less Than
No
Revie,ved
Significant Significant Significant Impact Under
Cmpact with Impact Previous
Mitigation Document
Incorporated
a. Create a significant hazard to the public or the
environmental through the routine transport use, or X
dis sal of hazardous materials?
b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset and X
accident conditions involving the release of hazardous
materials into the environment?
c. Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one- X
carter mile of an existin or ro osed schools?
d. Be located on a site which is included an a list of
hazardous materials sites complied pursuant to
Government Code Section 65962.5 and, as a result, X
would it create a significant hazard to the public or the
environment?
e. For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport oz public use airport, would the X
project result in a safety hazard far people residing or
working in the rooect area?
f. For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people X
residing or working in the roject area?
g. Impair implementation of or physicaIly interfere with an
adopted emergency response plan or emergency X
evacuation Ian?
h. Expose people or structures to a significant risk or loss,
injury or death involving wildland fires, including X
where wildlands are adjacent to urbanized areas ar
where residences are intermixed with wildlands?
Irrtpaet Discussion: The project site is not located on a site which is included on a list of hazardous materials sites
complied pursuant to Government Code Sec#aon 65962.5 (Cortese List) and is not near any listed sites or sites known
on suspected to contain hazardous materials. The project does not involve the use of hazardous materials and would
not cnea#e any hazardous materials. Aless-than-significant impact would occur.
Construction activities associated with the development of the proposed project would involve the use of potentially
hazardous materials, including paints, cleaning materials, vehicle fuels, oils, and transmission fluids. However, all
potentially hazardous materials would be contained, stored, and used in accordance with manufacturers' instructions
and handled in compliance with applicable standards and regulations. Uses associated with the proposed project
would involve the limited use of potentially hazardous materials typical of commercial developments, including
cleaners, lubricants, and anticorrosion material for air conditioning systems. However, alt potentially hazardous
materials would be contained, stored, and used in accordance with manufacturers' instructions and handled in
compliance with applicable standards and regulations, such as preparing a Butte County Environmental Health
Division hazardous materials disclosure farm. In accordance with State and Federal law, the proposed project
would be required to disclose hazardous materials handled at reportable amounts. Additionally, the commercial uses
on the project site would be required to prepare an emergency response and evacuation plan, conduct hazardous
materials training {including remediation of accidental releases), and notify employees who work in the vicinity of
hazardous materials, in accordance with federal OSHA and Cal OSHA requirements.
E Butte County Department of Development Services s
~ Initial Study - Wallkich & Katz GPAIREZ 04-02 ~ Page 23 of 55 ~
Project Name: Wallrich & Katz General Plan Amendment & Rezone, File # GPAIRZ 04-02
Butte Community College is located across Durham-Pentz Road from the project site. The project would not emit
hazardous emissions or handle hazardous or acutely hazardous materials, substances, or wastes that would have au
impact to Butte Community College. Aless-than-significant impact would occur.
The property is not located within the vicinity of an airport, airport land-use plan, or private airstrip, and does rat
interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated.
The project site is located in an area with a very high fire hazard and is subject to fast moving grass frres. The
project is located within the State Responsibility Area {SRA} for wildland fires and development in this area retakes
fighting wildland fires more difficult because fire resources must protect structures before wildlands. The nearest
full-time staffed fire station is Station # 45 (Durham} located approximately 9.b miles to the west of the site in
Durham. Volunteer station # 25 (Butte College) is located approximately 0.6 miles to the west of the project site, on
Durham-Pentz Road. Station # 25 is normally staffed full-time during the high frre hazard season.
The Butte County Fire DepartmendCalifornia Department of Forestry and Fire Prevention reviewed this project and
stated that any commercial development on the site would require a fire prvtection system, either a pressurized water
system, automatic fire sprinklers, or other system as approved by the Fire Department. To reduce fire-related
impacts, Mitigation Measure # 13 requires that a pressurized water system or automatic fne sprinklers, or other fire
protection system as approved by the Fire Deparment, be installed on the project site.
Future commercial development on the project site requires compliance with State and County Fire Safe regulations.
In order to reduce potential wildfire impacts, Public Resources Code 4290 requires a fuel zeduction area within i 00
feet of a structure. To ensure that vegetation can be removed within the fuel reduction area, a 100-foot building
setback is normally required from property lines on parcels within the SRA. The project site is relatively protected
from grass fires on adjacent parcels because Durham-Pentz Road, Clark Road, and Circle 6 Court act as fire breaks.
The pazcels to the south of the site act as a buffer because most of the grasses on these parcels have been removed
due to horse grazing and for fire protection of the dwellings on these parcels. Most of the grasses an the parcel to
the west of the site have been removed due to the wastewater evaporation. ponds and other soil disturbance activities
on this parcel.
The California Department of Forestry and Fire Prevention {CDF) reviews all building permits for buildings within
the State Responsibility Area (SRA) for compliance with Public Resources Code (PRC) 4290 and 4291. At the time
of building permit issuance, CDF would determine the need for building setbacks, and may allow for a reduction in
the fuel reduction area due to site location, type of vegetation, building location, and type of construction-
Mitigation Measure # 13:
Commercial development on the site shall require a fire protection system, either a pressurized water system or
automatic fire sprinklers, or other type of fire protection system as approved by the Fire Department. Prior to any
development activity and prior to issuance of building permits, the applicant shall submit a detailed fire protection
plan #o the Butte County Fire Department/California Department of Forestry and Fire Prevention for review and
approval. The required flre prevention system shall be installed in conjunction with all commercial structures.
Plan Requirements: All building and site development plans shaIl show the fire protection system.
Tinting: At the time of building plan checking, building and site plans shall be checked for compliance with the
condition.
Monitoring: The Building Division and the Planning Division shall check building and site plans for compliance
prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site
inspection prior to the final inspection.
4.8 HYDROLOGY AND WATER QUALITY:
Potentially Less Than Less Than Ito Reviewed
Would the proposal: Signincant Signifcant Significant Impact I}nder
Impact with Impact Previous
Mitigation Document
Incorporated
^ Butte County Deparhrtent of Development Services ^
^ Initial Study - Walhich & Katz GPA/REZ 04-02 ~ Page 24 of 55 ^
Project Name: Wallrich & Katz General Plan Amendment & Rezone, Piie # GPAIRZ 09-02
Potentially Less Than Less Than i~o Reviewed
WOUId t~lt3 pt'OpOS~I' Significant Significant Significant Impact Ui3der
Impact with Impact Previous
Mitigation Document
Incorporated
a. Violate any water quality standards or waste discharge X
re uirements?
b. Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production X
rate of preexisting nearby wells would drop to a level
which would not support existing land uses or planned
uses far which ermits have been granted ?
c. Substantially alter the existing drainage pattem of the
site or area, including through the alteration of the course X
of a stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
d. Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the course
of a stream or river, or substantially increase the rate or X
amount of surface runoff in a manner which would result
in flooding on- or off-si#e?
e. Create oz contribute runoffwater which would exceed
the capacity of existing or planned storm water drainage X
systems or provide substantial additional sources of
olluted runoff?
f. Otherwise substantially degrade water uality? X
g. Place housing within a 100-year flood hazard area as
mapped by Federal Flood Hazard Boundary, Flood X
Insurance Rate Map, or other flood hazard delineation
ma ?
h. Place within a 100-year flood hazard area structures X
.which would ' ede or redirect flood flows?
i. Expose people or structures to a significant risk or loss,
injury, or death involving flooding, including flooding as X
a result of the failure of a levee or dam?
j. Inundation by seiche, tsunami, ar mudflow? X
Impact Discussion: Domestic water for the future commercial uses on~the project site would be obtained from on-site
wells. Within the lower foothill region of the Sierra Nevada Mountains, ground water resources are highly variable with
respect to quantity, depth, dependability, and quality. The project area is located in an area that generally has large
quantities of groundwater. In 2001, four groundwater monitoring wells were installed on the adjacent parcel to the
west of the site (California Regional Water Quality Control Board, Central Valley Region, Order Na. RS-2003-
0143, Waste Discharge Requirements for Butte-Glenn Community College District Butte College Wastewater
Treatment Plant). The depths of the wells were from 28.5 to 31.5 feet below ground surface (bgs). Depth to
groundwater was measured as shallow as $ feet bgs during the 2002/2003 wet season. Groundwater was usually
found to be 12 to 21 feet bgs. Butte Community College has three domestic water wells, located near Williams
Road, which provide large quantities of domestic water for the campus. A review of well permits issued in the
project area indicates that ground water is usually found at depths of around 16 to 39 feet bgs, with well depths of
140 to 300 feet bgs. Wells in the area were capable of pumping 75 to 200 of gallons per minute. The nearest
domestic wells to the project site include the well at the commercial use across SR-191 from the site and two wells
at the two dwellings to khe south of the project site.
Some uses allowed in the C-2 zone, such as car washes, launderettes, health clubs, and restaurants, can use large
amount of domestic water, which could result in significant impacts to groundwater supply in the project area.
^ Butte County Deparkruemt of Development Services ^
^ Initial Study -Wallrich & Katz GPAIREZ 04-02 ~ Page 25 of 55 ^
Project Name: Wallrich & KaEz General Plan Amendment & iiezone, File #~ GPAIRZ o4-02
Other uses allowed in the C-2 zone, such as professional offices, retail sales stores, and mini storage business, do not
require large amounts of water. The Butte County Environmental Health Division did not indicate that groundwater
supplies in the project area were inadequate to support the proposed project. However, the project does have the
potential to cause a significant reduction in groundwater supplies in the project area. In order to prevent a
significant impact to groundwater quantity in the project area, Mitigation Measure # 14 is zecommended that
requires the preparation of a groundwater quantity analysis far any use that requires Iarge amounts of groundwater.
No use would be allowed on the project that that would adversely affect the producing capacity or water quality of
local active wells.
Dozing construction of the project, grading operations and other soil disturbance activiries would result in the
removal of on-site soil cover amd the exposure of soils to the erosional forces of rainfall and runoff. Stormwater
runoff and erosion could result in violation of water quality standards and waste discharge requirements. On-site
watering activities during grading activities (utilized to reduce airborne dust) also have the potential to contribute
marginally to increased sediment loading of surface runoff during dry weather conditions. However, a Stormwater
Pollution Prevention Plan {SWPPP) in compliance with the State National Pollution Discharge Elimination System
(NPDES) General Construction Permit requirements regarding construction activities, including erosion control.
would be required. As part of these requirements, BMPs would be implemented that would serve to minimize
sedimentation, reduce or eliminate other pollutants in stormwater runoff, and reduce or eliminate non-storm water
discharges. The implementation of traditional engineering erosion control methods and BMPs (e.g., proper grading
techniques, appropriate sloping of the construction site, sand bagging, drainage swales, regular watering of disturbed
.areas), would effectively control fugitive dust and sediment transport during all construction operations and would
control the dischazge of sediment into the area's storm drain system. Therefore, preparation of the SWPPP, which is
required tp comply with the State NPDES General Construction Permit and implementation of other County
requirements would reduce any potentially significant water quality impacts on receiving waters to less than
significant levels. The requirement for a SWPPP is added as Mitigation Measure # 1 I, which is found i.n Section 4.6
{Geologic Processes}.
The quality of surface runoff has become of increasing concern throughout California due to the pollution caused by
non-point sources. Traditionally, concern for water pollution was focused on point sources such as industry and
wastewater treatment facilities. However, recently it has become apparent that pollution associated with automobile
products accumulating on paved surfaces, pesticides and herbicides applied to landscaping, etc. are also making
significant contributions to poor water quality. These sources are collectively referred to as non-point sources, or
also commonly known as "urban runafi".
'The greatest concentration of urban runoff occurs during the early stages {typically the fast-inch) of a rainfall ax
runoff event. This "first flush" contains the highest concentrations of contaminants that are washed from roadways,
roofs, curbs and parking Iots. Significant water quality concerns associated with runoff contaminant loads are
discussed below:
• Chemical and physical contaminants {e.g., heavy metals, hydrocarbons such as fuels, solvents, oils and grease,
and organic materials} carried by "first-flush" storm water runoff from urban areas can accumulate in bottom
sediments resulting i¢i contamination of waters long after the source is terminated. Hydrocarbons and trace
amounts of heavy metals typically can originate from atmospheric deposition of airborne pollutants or leaking
automobile fluids; however, toxicity thresholds maybe reached at relatively low concentrations.
• Nutrients (e.g., nitrogen and phosphorous compounds) from fertilizers, pesticides, herbicides and reclaimed
water in landscaped areas can also enter surface runoff, In aquatic environments, nutrients carried im surface
waters can stimulate plant growth and cause algae blooms that lead to depletion of dissolved oxygen (i.e.,
eutrophication). Im small water bodies, an accelerated rate of eutrophication can result in lazge fish kills, odor
formation and increased treatment needs.
• Biodegradable substances (e.g., dead vegetation and animals, feces, garbage, viruses and pathogenic micro-
organisms) from sewage spills and domestic animals can undergo bacterial decomposition im aquatic systems,
and contribute to eutrophication.
• Toxic materials generated by human activities {e.g., illegal discharges of chemicals, or trash to storm drains and
drainage courses) cam leach to surface waters posing a threat to plant, animal and public health.
^ Butte Gounty Department of Development Services ^
^ Initial Study - Wallrich & Katz GPAIREZ 04-02 ^ Page 26 of 55 ^
Project Name: Wallrich & Katz General Plan Amendment & Rezone, File # GPAIRZ 04-02
To prevent significant water quality impacts caused by storm water runoff from the developed project site, storn~
drainage from on-site impervious surfaces shall be collected and directed into an on-site retentionldetention pond,
grass swale, or other biofiltzatian basin. The retention/detention pond would retain/detain water from the parking
lots and driveways, allowing a Iarge amount of suspended pollutants to drop to the bottom. With the inclusion of the
retention/detention pond, no significant water pollution is anticipated. Mitigation Measure # 15 addresses this
impact.
Fmproper use and storage of hazardous materials associated with the future the commercial uses on the project site
would also pose a threat to surface water quality. Accidental spills or improper handling of hazardous materials
could allow these materials to be added to the surface runoff during rainfall. Storage and handling requirements
imposed by the County's Fire Cade, the requirements of the California Code of Regulations Title 19 and 22
(Division 4.5), and the California Health and Safety Code Chapters 6.50 and 6.95, would provide sufficient controls
to prevent significant water quality impacts from hazardous materials associated with the future commercial uses on
the project site. The Butte County Environmental Health Division provides oversight throughout the County.
The project would cause a significant increase in stormwater runoff from the project site due to the creation of new
impervious surfaces, such as parking lots, drzvewayslraads, structures, walkways, and other hardscape. These new
impervious surfaces could cause a significant increase in stormwater water runoff from the site that could have a
significant impact on off-site drainages and possibly cause downstream flooding. The Butte County Public Works
Department requires that the applicant submit a plan for a permanent solution for drainage. The plan would specify
how drainage waters shall be detained on-site and/or conveyed to the nearest natural ar publicly maintained drainage
channel or facility. The plan is also required to show that there will be no increase in the peak flow of storm water
runoff from the site. With the inclusion of Mitigation Measure # 16, na significant impacts would occur to off-site
drainage facilities.
To help reduce post-development peak storm water runoff from the project site, the applicant could incorporate an
assortment of features into the site design. Some measures that could be taken are:
+ The use of permeable materials, such as pervious concrete, porous asphalt, unit pavers, and granular materials,
for sidewalks, driveways, parking lots, and truck loadinglunloading areas.
• Direct rooftop runoff iwto adjacent landscaping prior to discharging into the storm water conveyance system.
• Direct drainage from impervious parking lots and sidewalks into adjacent landscaping.
The project site is not located within a 100-year flood zone or 500-year flood zone as shown on Butte County GIS
maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C-0550C,
dated .Pone 8, 1998. Aless-than-significant impact would occur.
The project site is not subject to seiche {seismically induced waves), tsunamis, or mudflows. No impact would
occur with respect to these natural hazards.
Mitigation Measure # 14:
No commercial use that requires large quantities of groundwater, such as but not limited to hotelslmoteis,
restaurants, cleaners, launderettes, health. clubs, and auto car washes, shall be allowed unless adequate groundwater
supplies have been proven to exist and such use{s) would not adversely affect the producing capacity or water
quality of local active wells. Prior to the issuance of a building pem3it fox a use that requires large amounts of
groundwater and/or prior to the establishment of a use that requires large amounts of groundwater, a groundwater
quantity analysis, prepared by a qualified professional, shall be submitted to the Butte County Environmental Health
Division and Planning Division for review and approval.
Plan Requirements: The required groundwater analysis shall be submitted to the Environmental Health Division
and Planning Division for review and approval.
Tinting: The provisions of this measure shall be adhered to at all times.
Monitoring: The Environmental Health Division and Planning Division shall review the groundwater quantity
analysis. The Department of Development Services shall not issue a building permit for any use that requires large
amounts of groundwater if adequate groundwater supplies are not available and/or would adversely affect the
producing capacity or water quality of local active wells.
^ Butte County Department of Development Services ^
^ Initial Study -- Wallrich & Katz GPAIREZ 04-02 ~ Page 27 of 55 ^
Project Name: Wallrich & Katz General Plan Amendment & Rezone, Pile # GPA/RZ 04-02
Mitt ation Measure # 15:
All drainage from impervious surfaces on the project site shall be collected and retained ar detained, and treated
when released by passing the runoff through a "fast-flush" treatrxient system, which may include on-site riparian
area, detention basin with filtration system at the outlet, or other system that removes the majority of urban storm
runoff pollutants, such as petroleum products and sediment. The purpose of this measure is to remove the on-site
contribution to cumulative urban storm runoff and ensure the discharge is treated to reduce contributions of urban
pollutants to downstream flows. Of primary concern is the containment and treatment of runoff resulting from the
initial inch of rainfall. The "ftrst-flush" treatment system shall be designed by a registered civil engineer and shall
be submitted to the Butte County Public Works Department for review and approval. Prior to the issuance of each
building permit on the site, a plan prepared by a registered civil engineer shall show how drainage from impervious
surfaces will be directed into the "first-flush" treatment system. Each plan shall be submitted to the Butte County
Public Works Department for review and approval. The applicant or hisllier successors, heirs, assigns shall ensure that
the "first-flush" treatment system is maintained and continues to function as designed.
Plan Requirements: Prior to issuance of a building permit the "first-flush" treatment system plan shall be
submitted to the Public Works Department for review and approval.
Timing: The "first-flush" treatment system plan shall be approved prior to issuance of a building permit.
Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation.
Mitt ation Measure # 16:
Prior to any development activity, including but not limited to grading, vegetation removal, or building construction,
and prior to issuance of a building permit, a plan for a permanent solution for drainage shall be submitted to and
approved by the Departmen# of Public Works and Caltrans. 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 fliers shall be no increase in the peak flow runoff to said channel or facility.
Plan Requirements: The applicant shall submit the required drainage plan to the Public Works Department and
Caltrans far review and approval.
Timing: The drainage plan shall be approved prior to any development activity and prior to issuance of a building
permit.
Monitoring: The Department of Public Works and Caltrans shall be responsible for ensuring compliance with this
mitigation.
4.9 Lain UsE;
Potentially Less Than Less Than No Reviewed
Would the proposal: Significant Significant Significant Impact Cinder
Impact with Impac# Previous
[Ylitigation 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 X
plan, specific pLati, local coastal program, or zoning
ordinance} adopted for the purpose of avoiding or
mitt ating an environmental effect'?
e. Conflict with any applicable habitat conservation X
lan or natural community conservation lan?
Impact Discussion: The project proposes a General Plan Amendment from Grazing and Open Land to Commercial
and a Rezone from A-160 to C-2 (General Commercial). The requested C-2 zone is listed as a consistent zone with
the Commercial General Plan land use designation.
^ Butte County Department of Development Services ^
^ Initial Study - Walh7ch & Katz GPA/REZ 04-02 ^ Page 28 of SS ^
Project Name: Wallrich & Katz General Plan Amendment & Rezone, Fife # GPA/RZ 04-02
The Commercial General Plan land use designation lists six site designation criteria that must be considered for
designating a parcel as Commercial. These six criteria and a response to each one are:
Needed for commercial development within 20 years.
The purpose of this General Plan Amendment and Rezone is to allow for• general commercial uses an the
17-acre project site. The Butte Valley/Central Butte/Pentz areas have been slowly growing over the years.
The 1990 U.S. Census showed that there were approximately 779 people living in the project area. T12e
2000 U.S. Census for the same area showed that there were approximately 1,053 people in the same area,
which is a 2ti% increase in population. Enrollment at the nearby Butte Community College has contimced
to increase as the population of Butte County increases. Additionally, there is a large amount of vehicle
traffic on Clark Road carrying people between Oroville and Paradise. These facts indicate that there rrray
be an unmet demand for commercial development in the project area.
There is one commercial enterprise in the project area, which is located across Clark Road from the
project site. This commercial enterprise is a small general store/gas station/restaurant, which has been
dosed for about five years, but is currently being remodeled and is expected to reopen in the near future.
The viability of future commercial uses. on the project site is not known, but based upon the existing
commercial use on the adjacent parcel, which has been closed for numerous years, viability of neN~
commercial uses in the project area may be questionable. It is anticipated that the Butte Valley/Central
Butte/Pentz areas will continue to grow, with a corresponding increase in the demand for commercial
services.
Approximately 4.5 miles to the west of the project site, on the east side of the intersection of SR-99 and
Durham-Pentz Road, there are several parcels that are zoned M-1 (Light Industrial), which allows some
commercial uses with a Use Permit. The County has received a Use Permit application to establish a gas
station convenience store use on one of the parcels in that M-1 zone {note: that Use Permit application
was determined to be incomplete and an EIR is being required due to numerous potential impacts).
Commercial development in the project area may be more appropriate at the intersection of SR-99 and
Durham-Pentz Road to take advantage of the pass-by traffic on SR-99 and students traveling to or• from
Butte Community College. However, the Durham-Pentz Road/SR-991ocation would not be a good location
for a commercial use for people driving on Clark Road.
2. Gaad road accessibility to service area or traveling public.
The site fronts on Clark Road (SR-I91) and on Durham-Pentz Road. The project site provides good
accessibility to the service area and to the traveling public.
3. Adequate or near utilities, walkways, and commercial development.
Electrical and telephone utility lines are located on Clark Road and Durham-Pentz Road. No public water
or sewer services are provided in the project area (note: the nearby Butte Community College has its own
' sewer and water system but these systems could not be utilized for the project). No walkways are located
on or near the project site. 77xe only other commercial use in the project area is a small market/gas
stationlrestaurant (closed for four or five years) across Glark Road from the project site, which is located
within a 1 D-acre Community Commercial (C C} zoning district.
4. Less than 20% slopes.
The project site has an average slope of 1 %, with the steepest slope being approximately 4%.
5. Adequate fire and police protection.
A volunteer fire station is located on the north side of Durham-Pentz Road, approximately 0.6 miles to the
west of the project site (note: this fire station is staffed full-time during the high fire hazard season}. The
nearest year-around staffed fire station is located in Durham, approximately 6.9 miles to the west of the
project site in Durham. The Butte County Fire DepartmentlCalifornia Department of Forestry and Fire
Prevention requires that a pressurized water system with fire hydrants, interior f re sprinklers, or other fire
prevention system approved by the Fire Department, be installed in conjunction with any future
commercial uses on the project site.
6. Adequate water supply and sewage disposal capabilities.
^ Butte County Department of Development Services ^
a Initial Study - Wallrich & Katz GPA/AEZ OAF-02 ~ Page 29 of 55 ^
Project Name: Wallrich 8c Katz Genera] Alan Amendment & Rezone, File # GPA/RZ 04-OZ
The site is located in an area that contains large groundwater aquifers. Groundwater on the parcel to the
west of the project site was found as shallow as 8 feet below ground level during the 2002/2003 wet season.
Groundwater was usually found to be 12 to 21 feet below ground level in the project area. Wells in the
project area have been proven to pump from 75 to 200 gallons per minute.
The Butte County Environmental Health Division indicated that the soils on the site ar•e generally
inadequate for an on-site septic system due to very thin and seasonally saturated soils on the site. The two
dwellings to the south of the site utilize imported numerous truckloads of soil for their leachfields due to the
lack of adequate soil on those parcels. The commercial use to the east of the site utilizes a conventional
septic system (septic tank and Ieachfield with two feet of soil), but this system was approved when sewage
disposal standards were less restrictive then they are now.
,4 community sewage disposal system or an engineered system would be required on the project site. .4ny
on-site sewage disposal system would most likely require an evaporation pond(s) for disposal of treated
wastewater. These types of systems may not work as designed, leading to water quality problems. .4ny
system that proposes to utilize the existing soil for a leachfield(s) would most likely not be allowed due to
the very shallow and seasonally saturated soils on the project site. Community or engineered sewage
disposal systems are technologically sophisticated and require regular maintenance and monitoring to
assure they continue to perform in a satisfactory manner and do not create a public health hazard, a public
nuisance, or do harm to the environment, in particular the groundwater. The use of an evaporation
pond(s) for the disposal of wastewater (including treated wastewater) is not currently allowed by Butte
County {reference Board of Supervisors Resolution 87-108). .4ny on-site sewage disposal system would
require approval by the California Regional Water Quality Control Board. ,4n on-site sewage disposal
system is one of the primary factors in determining if the project site could be utilized for commercial uses.
Zoning Factors
Existing types of commercial and non-commercial uses in area.
One other commercial use is found in the project area, which is a small general store/gas•
statr'on/restaurant located across Clark Road from the project site. This commercial enterprise has been
closed far four or five years, but is currently being remodeled and may reopen in the near future. This
commercial use is located in an existing 9.7-acre Community Commercial {C-C) zone. Other uses in the
project area include Butte Community College, Large wastewater evaporation ponds, several dwellings,
and seasonal livestock grazing {to the east, northeast, and south of the project site).
2. Traffic volumes on nearby streets.
Durham-Pentz Road and Clark Road (SR-191) have heavy volumes of traffic. (Refer to Sec#on 4.1 S). R
large amount of the traffic generated by the.project is expected to be `pass by" traffic, which consists of
vehicles already traveling on Durham-Pentz Road or Clark Road. The intersection of Durham-Pentz Road
and Clark Road is a four-way stop. The project will not significantly change the current level of service on
these roads. Refer to Section 4.15 (Transportation/Traffic) for a detailed analysis of traffic impacts.
Number of residents in service area.
flccording to the 2000 U.S. Census, approximately 1,200 people live in the greater project area
{approximately a 4 mile radius from the project site, including the Central Butte/Butte Palley area,
Williams Road, Dry Creek Road, Messilla Palley Road, Pentz Road, and Cassandra Road areas). The
service area for the project also includes the large number of people traveling on Durham-Pentz Road and
on Clark Road (SR-191). While they are not residents in the project area, if is expected that some of the
students and staff at the adjacent Butte Community College would utilize some of the future comrner-cirtl
uses on the project site.
4. Parcel sizes.
The project area generally consists of very large parcels, although there are numerous smaller parcels (I
to 5 acres) to the north and northeast of the site. Two S-acre parcels are adjacent to the project site to the
south. This project is proposed to encompass two parcels totaling 17.3E acres. .4 Land division of the
project parcels is not proposed at this time, but the proposed C-2 zone and the Cornmer•cial General Plan
land use designation does not have a minimum parcel size. The sizes of any future parcels on the project
^ Butte County Department of Development Services ^
^ Initial Study -Wallrich & Katz GPAIAEZ 04-02 ^ Page 34 of SS ^
Project Aiame: Walirich & Katz Genera] Pian Amendment & Rezone, File #1 GPA/RZ 0402
site would be based upon environmental constraints, and area needed for• the commercial use, parking, and
on-site sewage disposal systems.
i. l~ffects on adjacent uses, water quality, air quality, noise, traffic flow and safety, and general environmental
quality.
The various impacts that the proposed project may cause are addressed as follows:
Water Quality A Stormwater Pollution Prevention Plan (SWPPP} in compliance with the State Nationrt!
Pollution Discharge Elimination System (NPDES} General Construction Permit regarding construction
activities, including erosion control, would be required prior to any development activity on the project
site.
.4ir Qualit +~.• The primary impact to air quality from this project will be an increase in vehicle emissions.
However, it is not expected that this will be significant because most of the vehicles traffic generated by the
project will already be traveling on Clark Road ar Durham-Pentz Road.
Noise: Tha primary noise sources generated by the project will be from vehicles as they arrive and depart
the site. This noise will be similar to the existing noise from vehicles on the adjacent Durham-Pentz Road
and Clark Road (SR-191}. Other than construction noise, which would be short-term in nature, the project
would not generate any noise levels that would cause significant impacts to adjoining uses.
Traffic Flow and Safet,~ The proposed commercial uses will not result in a large amount of vehicle traffic
that will impact road capacities or safety because most of the vehicle trips generated by the project would
be pass-by or diverted trips. Refer to Section 4.15 (Transportation/Traffic) for an analysis of traffic
impacts.
General Environmental ali Mitigation measures are proposed for reducing impacts to the drainage
Swale on the project site. Drainage plans must be submitted to and approved by Coltrane and the Public
Works Department.
Please refer to Section 4.2 (Agricultural Resources} of this document for a discussion of this project's consistency
with the Agricultural Element of the Butte County General Plan. The project appears to be inconsistent with several
of the policies or programs contained in the Agricultural Element. These potential inconsistencies are not
environrrlental impacts and will be addressed at the time public hearings on this project are held by the Butte County
Planning Conamissian and Board of Supervisors.
The property is not within a habitat conservation plan or natural community conservation plan because no such plan
exists for the area. No impact would be incurred.
Mitigation Measure: None required.
4.10 MiNExar, RESOURCES:
IPotentialiy Less Than Less Than Nu Reviewed
Would the proposal: Significant Significant Significant Impact Under
impact with Impact Previpus
Mitigation Document
Incorporated
a. Result•in the loss of availability of a known mineral
resource that would be of value to the region and the x
residents of the state?
b. Result in the loss of availability of alocally-important
mineral resource recovery site delineated on a local X
general lan, eciiic lan, or other land use lan?
Impact Discussion: No mining operations have occurred on the project site or in the immediate project area. The
California Geological Survey {CGS) has not classified the project site as being located in a Mineral Resource Zone
{MRZ}. Several gravel mining operations are located off of Clark Road, approximately 1.3 to 1.5 miles south of the
project site. The project site is not located on a stream where gravel deposits would be found. The proposed General
^ Butte County Department of Development Services ^
^ Initial Study - Wallnich & Katz GPA/REZ 04-02 ~ Page 31 of 55 tr
Project Name: Watlrich & Katz General Plan Amendment & Rezone, File # GPA/RZ 04-02
Plan Amendment and Rezone would not use or extract any mineral or energy resources and would not restrict access
to known mineral resource areas. Therefore, the project would have no impact on mineral resources.
MitiSation Measure: None required.
4,11 NOrsE:
Potentially Less Than Less Than No Reviewed
Would the proposal: Significant Significant Significant Impact Under
Impact with Impact Previous
Mitigation Document
Incorporated
a. Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan X
or noise ordinance, or applicable standards of other
a encies?
b. Exposure of persons to or generation of excessive X
ound borne vibration or ground borne noise levels?
c. A substantial perrnanent increase in ambient noise
levels in the project vicinity above levels existing X
without the ro'ect?
d. A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above X
levels existing without the roject?
e. For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two males of a public airport or public use airport, X
would the project expose people residing or working
in the ro'ect area to excessive noise levels?
f. For a project within the vicinity of a private airstrip,
would the project expose people residing or working X
in the project area tv excessive noise levels?
Impact Discussion: The project site is located in a mostly rural area, where noise levels would be expected to be very
low. However, the project site is bounded by Clark Road {SR 191) to the east and Durharr~ Pentz Road to the north, and
noise from the numerous vehicles on these roads can be heard throughout the site. Noise levels, as would be expected,
are higher on the portions of the project site near or adjacent to these two roads. Some noise is also generated by
construction activities at the small general store (which is currently being remodeled) that is located on the southeast
comer of Durham-Pemtz Roacl and Clark Road. Some noise from activities on the nearby Butte Community College can
also be heard on the project site.
The estimated noise level at a distance of 50 feet from the centerline of Durham-Pentz Road is 66 dBA {Central Butte
County GPA DraS Program EIR, July 1997). The estimated noise level at a distance of 50 feet from the centerline of
Clark Road as 70 dBA.
Sensitive receptors aze facilities where sensitive receptor population groups {children, the elderly, the acutely ill and the
chronically ill) are likely to be located These land uses include residences, schools, playgrounds, child care centers,
retirement homes, convalescent homes, hospitals and medical clinics. Noise-sensitive uses in the project area include
Butte Community CaIlege to the north {across Durham-Pentz Road) and the two dwellings to the south of the site. 'T[ie
nearest structure on Butte Community College is located approxirately 1,520 feet (0.29 miles) from the project site.
The two nearby dwellings are located approximately 430 feet (2449 Clark Road) and 584 feet (3650 Circle 4 Court}
from the project site.
The Noise Element of the Butte County General Plan states that commercial uses are normally acceptable in areas with a
noise level up to 70 db (Idn or CNEL). The commercial buildings on the project site would be required to be located ac
least 25 feet from the edge of the right-of--ways from Durham-Pentz Raad and Clark Road. At this distance, the noise
levels would be well within the normally acceptable levels as found in the Butte County Noise Elerrtent. People within
^ Butte County Department of Development Services ^
^ Initial Study - Walh-ich & Katz GPA/REZ 04-02 ^ Page 32 of 55 ^
Project Name: Wallrich & Katz General Plan Amendment & Rezone, File # GPA/RZ 04-02
the future commercial structures on the sites would not be exposed to significant levels of noise. People outside of a
structure on the site, and near Durham-Pentz Road ar Clark Road, would not be exposed to significant levels of noise.
The project would result in a pezrnanent increase in noise in the project area. The project would allow the establishment
of commercial uses on the site, which would generate noise, mostly in the form of vehicles arriving and departing the
site. Long-term operational noise also could result from mechanical equipment associated with air conditioning and
other building operations, such as the loading docks, which would be situated away from residential uses in the project
vicinity. Most commercial uses do not generate high noise levels that would have an impact to adjoining or nearby uses
since uses in the C-2 zone are required to be conducted within a building. The future commercial uses on the project site
are not expected to create any noise impacts to Butte Community College or the two nearby dwellings due to the long
distances between the uses.
During construction, the site preparation and construction phase would generate temporary sound levels ranging
from approximately 70 to 90 dBA at 50 foot distances frown heavy equipment and vehicles. These construction
vehicles and equipment are generally diesel powered, and produce a characteristic noise that is primarily
concentrated in the lower frequencies. The powered equipment and vehicles act as point sources of sound, which
would diminish with distance over open terrain at the rate of 6 dBA for each doubling of the distance from the noise
source. For example, the 70 to 90 dBA equipment peak noise range at 50 feet would reduce to 64 to 84 dBA at 100
feet, and to 58 to 78 dBA at 200 feet. Therefore, during the construction operations, sound level increases of 20 to
40 dBA due to these sources could occur near the project boundary.
Since construction is carried out in several reasonably discrete phases, each has its own mix of equipment and
consequently its own noise characteristics. Generally, the short-term site preparation phase, which requires the use
of heavy equipment such as bulldozers, scrapers, trenchers, trucks, etc., would be the noisiest. The ensuing building
construction and equipment installation phases would be quieter and on completion of the project, the area's sound
levels would revert essentially tv the traffic levels.
The Butte County General Plan Noise Element establishes a conditionally acceptable community noise level of up to
70 dB CNEL for construction activities. Given the significant distance from the nearest residential structures and
from Butte Community College, construction noise is not expected to have a significant impact on nearby
residences. Furthermore, any such noise disturbance would be intermittent and short-term in nature.
The project site is not located within the vicinity of heavy manufacturing uses, mines, railroad tracks, or other existing
uses that could generate ground-borne vibration or ground-borne noise that would significantly affect proposed on-site
uses. The proposed project would not include the development of land uses that would generate substantial ground-
borne vibration or noise or use construction activities that would have such effects because no mid-or high-rise buildings
or other structures are proposed that would require heavy footings where the use of heavy pile drivers would be required.
Therefore, ales-than-significant impact would actor.
The Paradise Airport is located approximately 4.2 miles northeast of the project site. The Paradise Airport could be
a potential source of noise associated with straight-in, single-event landing approaches at the airport. The project
site is not within any Airport Land Use Compatibility Zone. Due to the very low number of aircraft that utilize the
Paradise Airport, a Iess-than-sigoifcant impact would occur.
The project site is not located in the vicinity of a private airstrip and private aircraft noise levels would be less than
significant.
Miti at'son Measure: None required.
4.12 HOUSING:
Potentially Less Than Less Than No Reviewed
Would the proposal: Significant Significant Significant Impact Under
Impact wifh Impact Previous
Mitigation Document
Incorporated
~ Butte County Department of Development Services ^
^ Initial Study - Walhich & Katz GPA/REZ 04-02 ~ Page 33 of 55 a
Project Name: Wallrich & Katz General Plan Amendment & Rezone, File # GPA/l22 Q4-02
Potentially Less Than Less Than l~Io Reviewed
Would the proposal: Significant Significant Significant Impact 1lndcr
Impact with Impact Previous
Mitigation Document
Incorporated
a. Induce substantial population growth in an area, either
directly {for example, by proposing new homes and X
businesses) or indirectly (for example, through
extension of roads pr other infrastructure? .
b. Displace substantial numbers of existing housing,
necessitating the construction of replacement housing X
elsewhere?
c. Displace substantial numbers of people, necessitating X
the construction of re lacernent housing elsewhere?
Impact Discussion: The project does not include a residential component. Therefore, the project would not directly
cause an increase in the population of the project area.
The commercial uses proposed by the project would create new jobs, which could cause a demand for housing in the
project area. The number of jabs that would be created is not known since plans for commercial development have
not been submitted with this project. Highway commercial uses generally create 8 jobs per acre (Southern
California Association of Governments). If the total project site (17 acres) is built with commercial uses, the project
could create approximately 136 jobs. Due to the low number and type of jobs that would be created {service sector
jobs}, it is expected that mast project-created jobs would be filled by existing Butte County residents. Therefore, the
project is not expected to create a demand for new housing in Butte County and the project would represent aless-
than-sigrli~cant impact.
The extension of public infrastructure, such as public water or a sewer systerrt, could cause an increase in population
growth in the area. The construction of new roads or the extension of existing roads could also cause an increase in
population. The project would not extend any public services, such as public water or public sewer systems, to the
project area and no new roads or the extension of existing toads would be required. The Butte County Public Works
Department and Caltrans did not identify any required road improvements at this time. Improvements to Durham-
Pentz Road and Clark Road may include right and left turn lanes, widened shoulders, merge lanes, and drainage
improvements. These improvements would not be substantial and would not encourage population growth in the
area.
The project would result in urban development adjacent to existing grazing & open land that could potentially be
encouraged to convert to urban uses (i.e., because of any project-related reduction in the ability of adjacent
agricultural uses to continue to farm their land due to their proximity to the new urban uses andlor to any project-
related increase in adjacent agricultural ]and property values). The project site is bounded by two major roads, large
waste water evaporation ponds, and two 5-acre parcels, all of which serve to isolate the project site from the adjacent
agricultural uses and therefore would not induce substantial population growth in the area.
The project has the potential to indirectly cause an increase in the population pf the area by making the area more
attractive to people. The project area pnly has one commercial use (the general storelgas station across from the site
whirl? has been closed for about five years) and the additional commercial uses in the project site would bring some
urban services, such as a grocery storelmarket, convenience store, etc., to the area.
The project site contains no housing. No housing would be displaced as a result of the project. The proposed project
would not displace any people.
Mitt ation Measure: None required.
^ But#e County Department of Development Services ^
^ Initial Study- Walh-ich & Katz GPA/REZ 04-02 ^ Page 34 of SS ^
Project Name: Wallrich & Katz General Plan AmendmenF & Rezone, File # GPA/RZ 04-02
4,1.3 PUBLIC SERVICES:
Potentially Less Than Less Than No Reviewed
Would the proposal: Signitcant 5ignifcant Significant Impact Lander
Impact with impact Previous
Mitigation Document
Incorporated
a. Would the project result in substantial adverse
physical impacts associated with the provision of
or need for new or physically altered
governmental facilities, the construction of which X
could cause significant environmental impacts, in
order to maintain acceptable service ratios,
response times, or other performance objectives
for an of the ublic services?
b. Fire rotection? X
c. Police Protection? X
d. Schools? X
e. Parks? X
f. Other ublic services? X
Impact Discussion: The Butte County Fire Deparhnent/Califomia Department of Forestry and Fire Prevention provides
.fue protection and emergency medical services to the project area. The project site is located in an area designated as
having a very high fire hazard according to GIS data from the California Division of Forestry and Fire Prevention
(CDF}. This General Plan AmendmentlRezone project would result in an incremental increase in demand for fire
protection services due to the commercial uses #hat would be allowed on the project site. The Butte County Fire
Department/California Department of Forestry and Fire Prevention states that cumulative development in rural areas
would impact their ability to provide fire protection services. This agency states that a pressurized community water
protection system with frre hydrants or interior frre sprinklers or other system as approved by the Fire Department is
required (please see Mitigation Measure # 13 in Section 4.7}.
The Butte County Sheriff's Office provides law enforcement service to the project area. The cumulative impact of
increased commercial development in the County 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 commercial structures placed on the project site. Sheriff impact fees are
currently $0.03 per square foot of building. The Sheriff impact fees would help offset the cost of providing police
protection services to the project site.
It should be noted that the Butte County Board of Supervisors is currently evaluating the need to collect impact fees
far new commercial development. If the fees are adopted, the new commercial uses on the project site would be
required to pay the impact fee at the time of building permit issuance. The impact fee would be utilized to help fund
library and general government facilities, fire and sheriff facilities, and road improvements.
The project site is located within the Durham Unified School District (DUSD}, which serves grades kindergarten
through 12. Since no residential land uses are proposed as part of the project, school services would not be directly
affected by implementation of the proposed project. Employment opportunities generated by the proposed project
would have the potential to generate a small number of students in the DUSD if new employees choose to relocate
to the project area. The DUSD, in accordance with California Government Code Sections 53080 and 65995,
collects statutory developer fees as a condition of the issuance of building permits far commercial structures.
Paymenk of these fees by the applicant, in accordance with State law, would provide full and complete mitigation for
purposes of the CEQA. Therefore, no impacts would occur.
The project would not create significant impacts to area parks and facilities.
A less than significant impact is anticipated to other public services.
Mitis:ation Measure: See Mitigation Measure # 13 in Section 4.7.
^ Butte County Department of Development Services ^
^ Initial Study - Walirich & Katz GPAJREZ 04-02 ^ Page 35 of 55 ^
Pro}ec[ I~iame: Wallrich 8t Katz Crenera9 Plan Amendment & Rezone, File # GPA/RZ 04-02
4.14 RECREATIiON:
Potentially Less Than Less Than No Reviewed
Would the proposal: Significant Significant Significant impact Under
Impact with Impact Previous
Mitigation Document
Incorporated
a. Increase the use of existing neighborhood and .
regional parks or other recreational facilities such X
that substantial physical deterioration of the facility
would occur or be accelerated?
b. Include recreational facilities or require the
construction or expansion of recreational facilities X
which might have an adverse physical effect on the
environment?
Impact Discussion: The project site is located within the Durham Recreation and Park District. No public or
private recreational facilities are location on or near the project site. No recreation facilities are proposed as part of
this project. This General Plan AmendmentlRezone project, which could result in various types of commercial uses
being placed on the project site, is not expected to have an impact on any existing or proposed recreational facilities.
MitisraYion Measure: None required.
4.15 TRANSPORTATI~ON/TRAFFrC:
Would the proposal: Potentially
Significant Less Than
Significant Less Than
5ignifcant )~o
Impact Reviewed
Under
Impact with impact Previous
iVlitigation Document
Incorporated
a. Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of the
street system {i.e., result in a substantial increase in X
either the number of vehicle trips, the volume to
ca aci ratio on roads, or con estion at intersections)?
b. Exceed, either individually or cumulatively, a level of
service standard established by the county congestion X
management agency for designated roads or
highways?
c. Result in a change in air tra~"tc patterns, including
either an increase in traffic levels or a change in X
location that results in substantial safe risks?
d. Substantially increase hazards due to a design feature
{e.g., sharp curves or dangerous intersections) or X
inco atible uses {e.., farm ui ment)?
e. Result in made uate ewer enc access? X
f. Result in made uate arking ca acity? X
g. Conflict with accepted policies, plans or programs
supporting alternative transportation {e.g., bus X
turnouts, bicycle racks)?
^ Butte County Department of Development Services ^
^ Initial Study - WalJ.rich & Katz GPA/REZ 04-02 ^ Page 36 of 55 ^
Froject Name: Wallrich & Katz General Ptan Amendment & Rezone, File # GAA/RZ 04-02
Ympaet Disenssion: The project site fronts on Duzharrt-Pentz Road and Clark Road (SR-191). Both of these roads are
public roads. The south end of the project site abuts a road easement drat has a legal encroachment onto Clark Road (this
easement is a portion of Circle 4 Court, which at one time was the road alignrzrent for Durham-Pentz Road). Durhani-
Pentz Road is classified as a rural major collector roadway, while Clark Road is classified as a rural portion of a State
Route. SR-991ies 4.b miles to the west of the site and SR-701ies 3.4 miles to the south of the site. The intersection of
Durham Pentz RoadlClark Road is a Four-way stop, with blinking red lights. Vehicular speeds on the portions of
Durham Pentz Road and Clark Road located along the project site is variable due to the presence of the four-way stop at
Durharr- Pentz Road/Clark Road. Vehicles driving toward the intersection are slowing down, while vehicles traveling
away are gaining speed. Sight vision of Clark Road from the project site is very good in both directions. Sight vision of
Durham Pentz Road to the west is restzicted due to the presence of a curve.
Durham-Pentz Raad and Clark Road carry a large amount of vehicular traffic; the adjacent Butte College generates a
large amount of vehicle trips and Clark Road {SR-l9i} is the primary access road to the Paradise area from the south.
Additionally, Durham-Pentz Road provides the primary vehicular access between Chico and SR-70 to the' east. Durham-
Pentz Road and Clark Road have the following traffic counts:
Durham-Pentz Road Averaee Daily Traffic
East of SR-99 9,680
East of SR-191 (Clark Rd.} 2,320
Butte County Association of C'iovernments 2003 Traffic Counts
Durham-Pentz Road Average Daily Traffic
West of SR-191 {Clark Rd.) 3,326
East of SR-191 (Clark Rd.} 2,057
Butte County Public Works Department 2002 Traffc Counts
Clar€r Road (SR 1911 Annual_Ayerage Daily Traffic
S/O Durham-Pentz Raad 4,450
N/O of Durham-Peniz Road 5,400
Caltrans 2002 Traffic Counts
A large number of vehicles on Dnrham-Pentz Road appear not to utilize the intersection of Durham-Pentz Road and
Clark Road as can be seen by a review of the above data. Durham Pentz Road just east of SR-99 has an average daily
traffic count of 9,680 vehicles, while Durham-Pentz Road just west of Clark Road has an average daily traffic count of
3,326. This decrease of approximately 6,300 vehicles (65%) is directly attributable to vehicles entering or exiting Butte
College west of the Durham-Pentz RoadlClark Road intersection and traveling to and from SR-99.
Heaviest traffic volumes on Durham-Pentz Road and Clark Road are found during the zrronniutg commute hours (Monday
through Friday, 7:00 a.m. - 9:00 a.m). Most of the traffic during the a.m. peak hours is driving to Butte Commurtity
College for morning classes. The evening peak hours (Monday through Friday, 4:00 p.m. - 6:Op a.m) sees much less
traffic because mast of the Butte Community College classes have already ended for the day. The intersection of
Durham-Pentz RoadlClark Road is subject to short term delays during the morning and evening peak hours.
Observations of vehicle movements indicates that the majority of traffic utilizing the Durham-Pentz Road/Clark Road
intersection travels straight through this intersection on a north/south basis (traveling between Paradise and Oroville}.
The quality of traffic flow is defined by level of service (LOS). Levels of service are qualitative descriptions of traffic
operating conditions. These levels of service are designated with letters ranging from LOS A, which is indicative of
good operating conditions with little or no delay, to LOS F, which is indicative ofstop-and-go conditions with frequent
and lengthy delay. The following table descnbes the level of services for an unsignalized intersection, such as the
intersection of Durham Pentz Road and Clark Road:
^ Butte County Department of Development Services ^
~ Initial Study --Wallrich & Katz GPA/REZ 04-02 ~ Page 37 of 55 ^
Pro}ect Name: Wallrich & Katz Genera3 Plan Amendment & Rezone, File # GPA/RZ 04-p2
HCM 2000 LOS Definitions for Unsignalized Intersections
LOS Control Delay Description
Seconds
A 0 -~ 10.0 Little or no delay
B 10.1- 15.0 Short traffic delay
C 15.1 - 25.0 Average traffic delays
D 25.1- 35.0 Lang traffic delays
E 35.1- 50.0 Very Tong traffic delays
F ~ 50.0 Extreme delays potentially affecting other movements in the intersection
Source: Highway Capacity ]Manual
The following table lists the pertinent Butte County maximum roadway capacities at the various levels of service:
Roadwa Ca aci Levels of Service
Roadway Description Level of Service as Percent o f Ca aci
LOS A 60% LOS B 7D% LOS C $0% L05 D 90% LOSE 10D%
2-lane surface street 9,600 11,200 12,800 14,4{)0 ] 6,000
4-lane surface street 19,200 22,400 25,b00 28,800 32,000
2-lane rural ex resswa 10,500 12,250 14,000 15,750 17,500
4-lane rural ex resswa 21,000 24,500 28,000 31,500 35,000
Source: Circulation Element of Butte County General Plan.
Note: The annual average daily traffic (AADT} levels presented represent roadway conditions on level terrain with adequate
sight distance and shoulder width.
aAn expressway limits the amount of direct access to the facility.
n 4-lane expressway capacity extrapolated from Table CI R - 8 of the Butte County General Plan.
Based upon the above table, Durham-Pentz Road and Clark Road would have a LOS of A, although the actual LOS
is less than this. The Central Butte County General Plan Amendment Draft Environmental Impact Report {July,
1997) contains level of services for roads im the project area. The LOS's for Durham-Pentz Road and SR-191 (Clark
Road) at the project site are found in the following table:
Roadway Segment 1994 1996 2015 2016
ADT LOS ADT LOS ADT LOS AD LOS
Durham-Pentz west 2,573 C 3,400 C 10,500 D 10,900 D
of Main C us
Durham-Pentz east 817 A 1,000 A 3,000 B 3,100 B
of Main C us
SR-191 north of 11,600 D 12,140 D 17,400 1~ 17,300 E
Maim Cam us
SR-191 south of 5,Sg4 C 5,820 C $,600 C 8,750 C
Main Cam us
Source: Central Butte County Genera] Plan Amendment Braft Environmental Impact Keport, Duly, 1 yy!
The 2015 and 2016 level of services do not reflect any improvements to these roads (i.e., no additional lanes, no
traffic signals, etc.}.
Approval of the proposed General Plan AmendmentlRezone would result in the establishment of various types of
commercial services on the project site. A development plan for the project site was not submitted by the applicant,
so it is not knowm exactly what types of and how many commercial uses would ultimately be established on the
project site. The proposed C-2 zone allows a large range of uses, including gas stations, restaurants (including fast
food with drive through service), retail stares, convenience stores, automotive repair, mini storage, churches, and
professional offices.
Building square footage is generally selected as the independent variable for commercial and industrial
deveioprnents. In case of rezonings it is more acceptable to presemt a worse case scenario analysis as development
plans are not finalized and due to the overall permanence of the situation. Determining total building size for this
project would be very difficult given the many different types of commercial uses that could be established on the
site. As an example, amini-storage business, which would cover a very large portion of the project site, would
^ Butte County Department of Development Services ^
^ Initial Study - Wallrich & Katz GPA/R.EZ 04-02 ~ Page 38 of 55 ^
Project Name: Wallrich & Katz General Plan Amendment & Rezone, File # GPA/RZ 04-02
generate very few vehicle trips, while a convenience store, which would cover a very small area of the project site,
would generate many vehicle trips.
Trip generation relates land uses to the number of persons or vehicles entering or exiting the site. Tzip generation
rates are based on traffic counts and surveys at similar existing land uses. The traffic generation rates for the
proposed project are based on the standard reference Trip Generation (institute of Transportation Engineers, 6th
edition, 1997). Not knowing exactly what types of commercial uses brat would be placed on the project site
precludes an accurate trip generation estimate. ITE's Trip Generation lists one type of land use -Specialty Retail
Center (Land Use 814) that comes closest to the types of commercial uses that would mast likely be placed on the
project site. According to the iTE, specialty retail centers are generally small strip shopping centers that contain a
variety of retail shops; hard goods, and services such as real estate offices, dance studios, florists, and small
restaurants. A specialty retail center/strip mall is also defined as a freestanding retail store is a single building with
separate parking where merchandise is sold to the end user, usually in small quantities. In general, as the grass Hoar
area approaches 100,00D square feet, the stores lose their "freestanding" character and become part of a shopping
center. The number of employees in freestanding retail stores is a function of the sales volume and land acreage and
depends on the store type, size, and attractiveness to the consumer. Supermarkets, convenience stores, discount
stores, lumber stores and furniture stores aze typically not included in this category (San Diego ,Municipal Code,
Land Development Code, Trip Generation 1Ylanual, Revised May 2003).
According to ITE's Trip Generation, a specialty retail center could generate the fallowing vehicle trips:
On a: Number of trips per 1,000 square feet Percent Enterin /Exitin
S of ross leasable area GLA
Weekday 44.67 50% 150%
Weekday a.m Peak Hour of 6.41 4$% 152%
Generator
Weekday p.rn Peak Hour of 4.93 57% 143%
Generator
Weekday Peak Hour of 2.59 43% / 57%
Adjacent Street Traffic, One
hour between 4 and 6 .m.
Saturday 42.04 50% / 50%
Sunda 20.43 50% 150%
The number of vehicle trips generated by future commercial uses on the site would vary depending on the amount of
gross leasable area on the project site. The project could generate the following traffic trips:
On a: Trips per Trips per Trips per Trips per Trips per
1,000 SF of 10,000 SF 25,004 SF of 50,000 SF 100,000 SF of
GLA of GLA GLA of GLA GLA
Weekda 40.67 407 1,017 2,034 4,067
Weekday A.M Peak b.41 ~ 64 160 321 641
Hour of Generator
Weekday P.M Peak 4.93 49 123 247 493
Hour of Generator
Weekday Peak Hour of 2.59 26 65 130 259
Adjacent Street Traffic,
One hour between 4 and
6 .rn.
Saturday 42.04 420 1,051 2,102 4,204
Sunday 20.43 204 511 1,022 2,043
The above averages reflect a typical retail commercial use. Some commercial uses, such as a convenience store or a gas
station, may result in higher trip generation rates, while other commercial uses, such as amini-storage business, would
generate very few trips.
^ Butte County Department of Development Services ^
^ Initial Study - Walh-ich & Katz GPAIREZ 04-02 ~ Page 39 of 55 ~
Project Name: Wallrich & Katz General Plan Amendment & Rezone, File # GPAl1tZ i}4-02
The number of vehicle trips generated as a result of summing the product of the trip rate times the magnitude of
development for each land use represents the total number of trips directly accessing the site. Of this total, especially in
the case of retail establishments (shopping centers, gas stations, etc.), there are three distinct types of trips; "New", "Pass-
by" and "Diverted Link". New trips, which are those that would not be made at all if not for the development, may
account for only a minor portion of the Iota! number of trips. Pass-by trips, on the other hand, may account for the
majority of the total number of trips and represent those that presently use roads that pass by the site and thus would not
affect background traffic volumes, except to create ttu-ning movements to/from the site at points of immediate access.
The remaining diverted link trips are those made as a result of attracting trips away from other similar land uses in the
region and as these may be a significant portion of the total number of trips, can result in decreased traffic volumes on
roads far removed from tine project area.
The percentage of pass-by trips varies by land use. The Institute of Transportation Engineers recommends the
adjustments for pass-by trips included in the following table:
Pass-by Percentages
Land Use Pass-by Percentages
Shopping Center
T.arger than 400,040 GLA 20
100,000 to 400,000 GLA 25
` SmaIIerthan I00,000.GLA '" 35
Convenience Market 40
Discowit C1ublWaiehouse Store 20
Fast Foad Restaurant 40
Sit Down Restaurant ~ .. 15 .
Service Station 45
Supermarket „ ., .... ,.. ... ?~
It is expected that many of the trips to the project site would be pass-by trips based upon the rural location of the project
site and because it is Iocated on two busy roads. Many of the vehicle trips are also expected to be diverted trips because
people living in the project area would not have to drive to commercial uses located in Chico, Oroville, or Paradise.
The Butte County Public Works commented on this project and requests the following road-related conditions:
• Prior to the issuance of building permits, obtain encroachment permit for all new or existing driveway
approaches and construct them to County standards, as specified in County Improvement Standards.
• Prior to the issuance of building permits, deed to Caltrans, in fee simple, 40 feet of right-of--way from the
centerline of Clark Road and Durham Pentz Road. The right-of--way shall be sufficient foz the installation of
standard No. S-5 at all street intersections.
• Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and
construction of the street frontage improvements on Clark Road and Durham Pentz Road to RS-3A standard.
Constructor install the required improvements.
• Prior to the issuance of building permits, relinquish abutter's rights to Butte County, along the Clark Road and
Durham Pentz Road frontage of parcels -040 and -088, except at approved access points.
The project site is located on State Route 191 (SR-19i}, which is owned and maintained by Caltrans. Comments were
requested from Caltrans regarding this project, which had the following comments:
• There are site access issues with this location. Access to SR 191 will be limited and if there are multiple
businesses, they will be required to share access by internal circulation rather than separate driveways. Access
to the site should be a minimum of 600 feet away from the intersection of SR 191 and Durham-Pentz and the
existing Circle Four Court, respectively.
+ At present, Circle Four Court is closed. if this should be considered for re-opening, channelization at SR I9I
would likely be a requirement of Caltrans and any access to the site from Circle Four would have to be as far-
^ Butte County Department of Development Services ^
^ Irtitial Study -Wallrich & Katz GPAIREZ 04-02 ~r Page 40 of 55 a
Project 3Vame: Waitrich & Katz Generat Plan Amendment & Rezone, File # GPAlR2 04-02
from the intersection as possible to minimize impacts to vehicles on SR 191..4ccess to the site on the Durharn-
Peniz Road side of the property should be as far from the SR 191 intersection as possible, and due to the
curvature of Durham-Pentz Road, movements and sight distance restrictions may be a concern.
• Depending on volumes, we would suggest modifications at the Circle Four Cour7lDurham-Pentz Road
Intersection due to the angle of the iwa r gads. If Circle Four Court remains closed, this will not be an issue cind
have no impact to the State. However; the volume of traffic on Durham-Pentz Road and the presence of the fire
station at the intersection will impact the local traffic.
~ dedication should be obtained either now orprior to building on the site to obtain the full width for• standard
shoulders. In addition, if a signal will be needed as the area develops, consideration should be provided far
channelization for right through and left turns at the intersection of SR 191 and Durham-Pentz Road.
Project-related traffic would make left and right turns on both Clark Road and Durham-Pentz Road to enter and exile the
site. The high traffic volume of traffic on Durham-Penkz Raad and Clark Road may make turning movements difficult,
especially during the morning and evening peak hours. Caltrans and the Butte County Public Works Department n--ay at
the time of issuance of an encroachment permits require that the applicant make improvements to Durham Pentz Road
and/or SR-191, such as dedicated left and right turn lanes into the project site, an acceleration lane, and shoulder
widening, to provide for safe turning movements.
It is expected that the intersection of Durham-Pentz Road/Clark Road will be improved sometime in the future.
Improvements that are expected to occur include the instaIlation of traffic lights and dedicated left and right turn lanes.
The signalization of this intersection was not identified for funding in the 2004 Federal Transportation Improvement
Program for Butte County (Federal Fiscal Years 2004105 - 2006107} or in the 2004 State Regional Transportation
Improvement Program (Fiscal Years 2004/2405 _ 200812009).
Two mitigation measures are proposed that would reduce traffic-related impacts to a less than significant level.
Mitigation. Measure # 17 requires a fair share payment toward the installation of a signal light at the intersection of
Durham Pentz Road and Clark Road. Mitigation Measure # 1$ allows only one driveway encroachment onto Clark
Road {SR-191), the location of which must be approved by Caltrans and must be located at least 604 hundred feet from
Durham-Pentz Road and at least 600 feet from Circle 4 Court The use of Circle 4 Court for access to the project site is
not allowed. Mitigation Measure # 1$ also requires that a driveway approach onto DurhamPentz Road be approved by
the Butte County Public Works Department. The Butte County Public Works Depazhnent may determine that a
driveway onto Durham-Pentz Road is not safe, and in that case all access to the project site would be from Clark Road.
The Public Works Department may allow a driveway onto Durham-Pentz Road, but could limit it to a right turn inlout
only.
The proposed project would not include high-rise development within the vicinity of an airport and thus would not
have the potential to result in changes in air traffic patterns that could result in substantial safety risk. No impact
would occur.
Construction and operation associated with the proposed project would not interfere with emergency response or
evacuation plans in the local area since na street closures are proposed. Construction activities and staging areas
would be generally confined to the project site and would not physically impair access to and around the project site.
Emergency evacuation plans and procedures would be incorporated into the project site and building design plans
and emergency access and circulation will be subject to review and approval by the Butte County Fire
DepartmentlCalifornia Department of Forestry and Fire Prevention. As such, no impacts associated with emergency
access would occur.
Butte County Gode Section 24-240 requires a minimum number of off-street parking spaces per use. As an
example, at least one off-street space per each 200 square feet of grass floor area foz retail stores, shops, and services
is required. The minimum number of parking spaces would be required to be shown on the building/site
development plans for any future commercial uses on the project site. The Butte County Department of
Development Services would ensure that the required number of off-street parking spaces are provided for each
commercial use at the time of building permit review.
SR-191 and Durham Pentz Road are designated as a planned Class II bike lane an the 1998 BC.4G Countywide
Bikeway Master Plan for Butte County. Often referred to as a "bike lane," a Class lI bikeway provides a striped and
stenciled lane for one-way travel on either side of a street or highway. Caltrans standards generally require a 4- foot
wide bike lane with a 6-inch white stripe separating the roadway from the bike lane. Road improvements to SR-191
sr Butte County Department of Development Services ^
^ Initial Study - Wallrich & Katz GPA/REZ 04-02 ~ Page 41 of SS rr
Project Name: Wallrich & Katz General Plan Amendment & Rezone, File # GPAlRZ 04-02
and Durham-Pentz Road along the project site would have to incorporate adequate width to allow far the bike lane.
This proposed rezone would not conflict with accepted policies, plans or programs supporting alternative
transportation.
Mitiltation Measure # 17: All commercial development on the project site shall pay its "fair share" towards the
installation of a signal light at Clark Road (SR-191) and Durham-Penfiz Road. The amount of the fair share payment
shaIl be determined by the Butte County Public Works Department and shall be paid prior to issuance of a building
permit.
.Plan Requirements: NIA
Timing: The fair share payment shall be paid prior to issuance of all building permits on the project site.
Monitoring: The Building Division shall not issue a building permit until such time as a fair share payment has
been made.
Miti anon Measure # 18: Only one {1) driveway approach onto SR-191 shall be allowed. The location of the
driveway approach onto SR-141 shall be approved by Caltrans and shall be located at Ieast 500 hundred feet fiom
Durham-Pentz Road and at least 604 feet from Circle 4 Court. The use of Circle 4 Court for access to the project site
shall not be allowed. An encroachment permit shall be obtained from Cal#rans for the driveway onto SR-191 prior to
any development activity and prior to the issuance of a building permit. The applicant shall install the driveway
approach onto SR-191 and all other road improvements as required by Caltrans.
The Butte County Public Works Department may determine that access onto Durham-Pentz Road is not appropriate. If
this is the case, akl access to the site shall be fiom SR-191. Should the Public Works Department allow driveway access
onto Durham-Pentz Road, this department shall determine the location of such access. An encroachment permit shall be
obtained from the Public Works Department for the driveway onto Durham Pentz Road prior to any development
activity and prior to the issuance of a building permit. The applicant shall construct the driveway approach onto
Durham-Pentz Road and any other road improvements as required by the Public Works Department.
Plan Requirements: Driveway approaches shall be shown on all building arld site development plans.
Timing: The driveway approaches shall be approved by either the Butte County Fublic Works Department {for
Durham-Pentz Road} or by Caitrans (for SR-191) prior to issuance of building permits.
Monitoring: The Butte County Public Works Department and Caltrans are responsible for approving the location
of the driveway encroachment and ensuring that the driveway approaches and other required road improvements are
installed by the applicant.
4.16 UTILITIES AND SERVICE SYSTEMS:
Potentially Less Than Less Than No Reviewed
Would the proposal: Significant Significant Significant Cmpact Llnder
Impact with Impact Previous
Mitigation Aocument
Incorporated
a. Exceed wastewater treatment requirements of the X
a licable Re Tonal Water all Control Board?
b. Require or result in the construction of new water or
wastewater treatment facilities or expansion of X
existing facilities, the construction of which could
cause si 'cant environmental effects?
c. Require or result in the construction of new storm
water drainage facilities ar expansion of existing X
facilities, the construction of which could cause
si 'ficant environmental effects?
d. Have sufficient water supplies available to serve
the project from existing entitlements and X
resources, or are new or expanded entitlements
needed?
^ Butte County Department of Devekopment Services ^
^ Initial Study - Walh-ich & Katz GPA/REZ 04-02 ri Page 42 of 55 ^
Project Name: Wallrich & Katz General Pian Amendment & itezone, File # GPAIRZ o4-02
Potentially Less Than Less Than No Reviewed
Would the proposal: Significant Significant Significant impact Under
Impact with Impact Previous
Mitigation Document
Incorporated
e. Result in a detel~tuination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the X
project's projected demand in addition to the
rovider's existing commitments?
L Be served by a landfill with suffcient pelTnitted
capacity to accommodate the project's solid waste X
dis osal needs?
g. Comply with federal, state, and local statutes, and X
regulations related to solid waste?
>lmpaet Diseussson: Sewage disposal for future commercial uses on the project site is expected to be handled via
either an on-site community treatment facility or an engineered system. The project would not have an impact on
any wastewater treatment facilities because either a package treatment facility or an engineered system would be
utilized. The project would not have an impact on any public water treatrr~ent facilities because domestic water
would be obtained from on-site well{s).
Some on and off-site storm water drainage improvements may be zequired due to development of the project site.
No significant environmental impacts would be anticipated because drainage improvements do not appear to be
extensive. The Butte County Public Works Department would determine the need for on and off-site storm water
facilities and would ensure the necessary improvements are installed during their review of a building permit for any
commercial uses on the project site.
The project would result in an increase in the stream of waste being deposited in the Neal Road Landfill. According
to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding
capacity by the year 2018. Based on this information, and because the proposed project would comply with all
applicable federal, state, and local statutes and regulations as they relate to solid waste, adequate pemutted landfill
capacity exists to accommodate the proposed project, and aless-than-significant impact would occur.
Mitigation Measure: None zequired.
4.17 11ZANDATORY FINDINGS Olt' SIGNIFICANCE (SECTION ~ 5065).
Potentially Less Than Less Than l+io Reviewed
Would-the proposal: Significant Significant Significant Impact Under
Impact with Impact Previous
Mitigation Document
Incorporated
a. Have the potential to substantially degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal ' X
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California histo or rehisto ?
^ Butte County Department of Development Services ^
^ Initial Study - Wallrich & Katz GPAIREZ 04-02 ~ Page 43 of 55 ^
Project blame: Walirich & Katz General Pian Amendment & Rezone, File # GPA/ItZ 04-02
Potentially Less Than Less Than No Reviewed
Would the p!'oposal: Significant Significant Significant impact Under
TmpacC with Impact Previous
1Vlitigation Document
Cncorporated
b. Have impacts that are individually limited, but
cumulatively considerable? {"Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection X
with the effects of past projects, the effects of other
current projects and the effects of probable future
ro'ects ?
c. Does the project have environmental effects which
will cause substantial adverse effects on human X
beings, either directly or indirectly?
The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with
respect to Initial Study Checklist Ttems 4.1 - Aesthetic/Visual Resources; 4.3 -Air Quality; 4.4 -Biological
Resources; 4.5 -Cultural Resources; 4.6 -Geologic Processes; 4.7 -Hazards and Hazardous Materials; 4.8 -
Hydrology and Water Quality; 4.13 -Public Services; and 4.15 - TranspartationlTraffic. G~mulative impacts to
these areas would be mitigated due to the inclusion of Mitigation Measures # 1 through 18 as itemized under Section
5 -Mitigation Measures and Monitoring Requirements.
5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS:
Mitigation Measure # 1:
Trees shall be planted and maintained in planters or landscaped areas of all parking lots so that at tree maturity, 15
years, at least 50 percent {50%) of the total paving area, not including the entrance drives, shall be shaded at solar
noon on June 21. On sites with poor soils and/or drainage, additional installation measures may be required to
ensure that the shading standard can be reached. The use of native trees is encouraged. Prior to issuance of a
building permit, a landscaping and irrigation plan, prepared by a qualified landscape professional, shall be submitted
to the Planning Division for review and approval.
Plan Requirements: Building and site development plans shall show the required landscaping and shall show the
means of irrigation.
Timing: The requirements of this measure shall be adhered to at all times.
Monitoring: Department of Development Services shall review all building and site development plans for
compliance with this measure. Building inspectors shall check and ensure compliance an-site.
Mitigation Measure # 2:
Parking areas adjoining a public right-of--way shall be designed to provide a landscaped planting strip between the
right-of way and parking area, equal in depth to the setback required by the zoning district or 10 feet, whichever is
greater. Any planting, sign, or other structure within a sight distance area of a driveway shall not obscure sight
distance per Caltrans Standards.
Plan Requirements: Building and site development plans shall indicate the required landscaped areas and means
of irrigation. Department of Development Services shall review all building and site development plans for
compliance with this requirement.
Tinning: The requirements of this measure shall be adhered to at all times.
Monitoring: Department of Development Services shall review all building and site development plans for
compliance with this requirement. Building inspectors shall check and ensure compliance on-site.
Mitigation Measure # 3:
^ Butte County Department of Development Services ^
^ Initial Study - Walh-ich & Katz GPA/REZ Q4-42 ^ Page 44 of 55 ^
Project Name: Walkrich & Katz Genera] Plan Amendment & Rezone, File # GPAl1tZ 04-02
All exterior lighting shall be fully shielded and directed downward sa as to not create any excess light or glare on
adjacent properties and on Durham-Pentz Road and Clark Road. Lighting at the site driveway encroachments onto
Durham-Pentz Road or Clark Road shall meet the requirements of the County of Butte or Caltrans (for Clark Road).
Plan Requirements: Building and site development plans shall indicate that ail exterior lights shall be fully
shielded and directed downwards.
Timing: The requirements of this measure shall be adhered to at all times.
Monitoring: Department of Development Services shall review all building plans for compliance with this
measure. Building inspectors snail check and ensure compliance on-site.
Miti anon Measure # 4:
Off-site advertising signs shall not be allowed on the project site. An off-site sign is defined as any sign identifying
a use, facility, service, or product which is not located, sold, or manufactured on the same premise as the sign. On-
site advertising signs shall be restricted to monument-type signs that are no more than eight (8) feet above ground
level. Business identification signs (a sign which serves to identify only the name, address, and use of the premises
upon which it is located and provides no other advertisements or product identification) and wall signs (a sign which
is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel
to the building wall} are allowed.
Plan Requirements: Building and site development plans shall indicate the location and type of signs to be
installed.
Timing: The requirements of this measure shall be adhered to at all times.
Monitoring: Department of Development Services shall review all building plans for compliance with this
measure. Building inspectors shall check and ensure compliance on-site.
Miti anon Measure # 5:
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. Water shall be applied by means of truck(s), hoses, andlor sprinklers as needed prior to any land clearing or
earth movement to murimize dust emissions.
b. Haul vehicles transporting soil into or out of the property shall be covered.
c. A water truck shall be on site at ail times. Water shall be applied to disturbed areas a minimum of two (2) times
per day or more as necessary.
d. On-site vehicles shall be limited to a speed of 15 mph on unpaved roads.
e. 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. 'I'he telephone number of the Butte County Air
Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance
and Fugitive Dust Emissions).
f. AlI visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions.
g. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant
a greater frequency.
Plan Requirements: The note shall be placed an all building and site development plans.
Timing: Requirements of this mitigation measure shall be adhered to throughout all grading and construction
periods.
Monitoring: Department of Development Services shall ensure that this note is placed on all building and sight
development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air
Quality Management District inspectors shall respond to nuisance complaints.
Mitigation Measure # 6:
^ Butte County Department of Development Services ^
^ Initial Study - Walhich & Katz GPAIREZ 04-02 ^ Page 45 of 55 ^
Project I+lame: Wallrich & Katz General Plan Amendment & Rezone, File # GPA/RZ 04-02
All drivable areas, including but not limi#ed to parking lots, driveways, and truck loadinglunloading areas, shall be
paved. The paved areas shall be maintained so as to prevent any fugitive dust emissions.
Plan Requirements: The note shall be placed on all building and site development plans.
Timing: Requirements of this mitigation measure shall be adhered to throughout ail grading and construction
periods.
Monitoring: Department of Development Services shall ensure that this note is placed on all building plans and site
development plans. Building inspectors shall spot check and shall ensure compliance on-•site.
Miti afion Measure # 7:
No development shall occur within fifty (50) feet from both sides of the middle of the drainage Swale (a total width
of 100 feet) located on the northern portion of the project site;
or,
Prior to any development activity, including but not limited to vegetation removal, grading, or other soil disturbance
activities, the applicant or hislher successors, heirs, assigns shall show evidence to the County that a Clean Water
Act Section 404 Individual Permit has been obtained from the U.S. Army Corps of Engineers. The applicant or
ius/kier successors, heirs, assigns shall comply with the mitigation and monitoring approved by the Corps, that
address potential impacts to habitat pr potential habitat for the following species: Butte County Meadowfoam, Butte
County checkerbloom, rose-mallow, vernal pool fairy shrimp, and conservancy fairy shrimp.
Plan Requirements: If Option i is chosen, the no development area shall be shown on all building and site
development plans. If Option 2 is chosen, the Section 404 Permit shall be submitted to the Department of
Development Services for review prior to any development activity. A copy of the Section 404 Permit shall be
submitted with all building permits.
Timing: Requirements of this mitigation measure shall be adhered to at all times
Monitoring: The Department of Development Services shall not issue a building permit for any structures placed
within the no development area if Option 1 is chosen. The Department of Development Services shall review each
building permit application for compliance with the Section 404 Permit if Option 2 is chosen.
Mitisation Measure # $:
Perform the following mitigations concerning area raptors (American kestrel, red-tailed hawk, black-shouldered
kite, and Swainson's hawk}, and their nests:
a. If development of the proposed improvements occur during the breeding season (February through September},
pre-construction surveys shall be conducted by a qualified biologist to determine if nestinglbreeding activities
are occurring. Any portion of the subject property that lies within S00 feet of an active nest shall be surrounded
by an orange fence during construction activities. Any construction activities planned for areas that are within
500 feet of any active nest shall be delayed until after the young have been fledged. The survey shall take place
prior to any development activities.
The survey and all findings shall be provided to the Department of Development Services. The Department of
Development Services shall ensure that compliance with any limitations on construction activities in the vicinity
of any identified nests. The survey shall be conducted by a qualified biologist no more than 30-days prior to the
onset of construction activities.
b. if no active nests are identified during the pre-construction survey or if construction activities are proposed to
occur during the non-breeding season (October through January), no further mitigation shall be required.
c. Place a note on a building and site developmenf plans that states: "Prior to any development activity during
raptor breeding season (February through September) a raptor survey prepared by a qualified biologist shall be
required."
Plan Requirements: Preconstruction raptor surveys shall be accomplished 30-days prior to construction during the
breeding season. Any identified nests shaIl be marked and identified with a 500-foot no-disturbance buffer until
young have fledged.
^ Butte County Department of Development Services ^
^ Initial Study - Wallrich & Katz GPA/REZ 04-02 ^ Page 46 of SS ^
Aroject Name: Wallrich & Katz General Plan Amendment & ltezonc, File #} GPA/12Z D4-02
Timing: This mitigation shall take place prior to all subdivision development activities.
Monitoring: The Department of Development Services shall monitor compliance with this mitigation and shall
receive all pre-construction survey information prior to construction activities.
This mitigation measure applies only once if the whole project site is graded at one time. Otherwise, incremental
grading of the project site will require a separate raptor survey for each porti.vn of the project site graded separately.
Miti ation Measure # 9:
The four existing valley oaks on the project site shall be preserved and shall be protected from all development
activities. No disturbance, including but not limited to grading, structures, parking lots, shall be allowed with the
dripline of each tree. Prior to any development activity near these trees, an orange construction fence shall be
erected at the dripline of each tree. The applicant shall construct a barrier around each tree to prevent vehicular
access within the dripline.
Plan Requirements: The four valley oaks and the no disturbance area around each tree shall be shown vn al]
building and site development plans.
Timing: Requirements of this mitigation measure shall be adhered to at all times. .
Monitoring: Department of Development Services shall review all building and site plans to ensure no
development occurs within the driplitie of the Trees. Building inspectozs shall spot-check during building
inspections.
_Mitisation Measure # lfl: Should development 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. Should human
skeletal remains be encountered, State law requites immediate notification of the County Coroner. Shvuid 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
detemvning the disposition of such remains:
Plan Requirements: This note shall be placed upon future recorded maps and on all building and site development
plans.
Timing: This measure shall be implemented during site preparation and construction.
Monitoring: Should cultural resources be discovered, the developer shall stop all work with SO feet of the find and
shall contact the Planning Division. The Planning Division shall coordinate with the developer and appropriate
authorities to avoid damage to cultural resources and determarie appropriate action.
Mitigation Measure # I1:
Prior to submitting any development applications or engaging in any development activities, the applicant or his/her
successors, heirs, assigns shall obtain all necessary pemuts/certifications from the Regional Water Quality Control Board
(RWQCB) regarding National Pollutant Discharge Elimination System (1VPDES) regulations and shall show evidence of
compliance with the RWQCB regulations prior to on-site grading activities or other soil disturbance activities.
Plan Requirements: The approved Storm Wa#er Pollution Prevention Plan (SWPPP) shall be attached to all
building and site development plans.
Timing: The requirements of the approved Storm Water Pollution Prevention Plan shall be adhered to at all times.
Monitoring: The applicant or his/her successors, heirs, assigns are responsible for ensuring compliance with the Storm
Water Pollution Prevention Plan. The California Regional Water Quality Control Board and the Butte County
Public Works Department shall respond to any storm water runoff problems.
tr Butte County Department of Development Services ^
^ Initial Study - Walh-ich & Katz GPAIREZ a4-02 ~ Page 47 of SS ^
Project Name: Wallrich & Katz General Plan Amendment & Rezone, File # GPA/RZ 04-02
Mitisation Measure # 12:
Prior to any development activities on the project site and prior to issuance of a building permit for a commercial use, the
applicant or his/her successors, heirs, assigns shall obtain all required permits for the on-site disposal of wastewater from
the Butte County Environmental Health Division and the California Regional Water Quality Control Board. .
Plan Requirements: The method of sewage disposal shall be shown on all building and site development plans. A
copy of the Waste Discharge Requirements and all attachments shall be attached to alt building and site
development plans.
Timing: The applicant/developer shall obtain all required sewage dispasal permits prior to development activities
and prior to issuance of building permits.
Monitoring: The Butte County Environmental Health Division and/or the Califomia Regional Water Quality
Control Board shall inspect the sewage disposal system. The Department of Development Services shall not issue a
building pernnit for a commercial use until the required sewage disposal system permits are issued.
Mitigation Measure # 13_
Commercial development on the site shall require a fire protection system, either a pressurized water system or
automatic fire sprinklers, or other type of fire protection system as appzoved by the Fire Department. Prior to any
development activity and prior to issuance of building permits, the applicant shall submit a detailed fire protection
plan to the Butte County Fire DepartmendCalifomia Department of Forestry and Fire Prevention for review and
approval. The required fire prevention system shall be installed in conjunction with all commercial structures.
Plan Requirements: All building and site development plans shall show the fire protection system.
Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the
condition.
Monitoring: The Building Division and the Planning Division shall check building and site plans for compliance
prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site
inspection prior to the final inspection.
Mitt a#ion Measure # 14:
No commercial use that requires large quantities of groundwater, such as but not limited to hotels/motels,
restaurants, cleaners, launderettes, health clubs, and auto car washes, shall be allowed unless adequate groundwater
supplies have been proven to exist and such uses} would not adversely affect the producing capacity or water
quality of local active wells. Prior to the issuance of a building permit for a use that requires large amounts of
groundwater and/or prior to the establishment of a use that requires large amounts of groundwater, a groundwater
quantity analysis, prepared by a qualified professional, shall be submitted to the Butte County Environmental Health
Division and Planning Division for review and approval.
Plan Requirements: The required groundwater analysis shall be submitted to the Environmental Health Division
and Planning Division for review and approval.
Timing: The provisions of this measure shall be adhered to at ail times.
Monitoring: The Environmental Health Division and Planning Division shall review the groundwater quantity
analysis. The Department of Development Services shall not issue a building permit for any use that requires large
amounts of groundwater if adequate groundwater supplies are not available and/or would adversely affect the
producing capacity or water quality of local active wells.
Mitigation Measure # 15:
All drainage from impervious surfaces on the project site shall be collected and retained or detained, and treated
when released by passing the runoff through a "fast-flush" treatment systenn, which may include on-site riparian
area, detention basin with filtration system at the ouflet, or other system that zemaves the majority of urban storm
runoff poIlutants, such as petroleum products and sediment. The purpose of this measure is to remove the on-site
contribution to cumulative urban storm runoff and ensure the discharge is treated to reduce cantributivns of urban
pollutants to downstream flows. Of primary concern is the containment and treatment of runoff resulting from the
initial inch of rainfall. The "first-flush" treatment system shall be designed by a registered civil engineer and shall
be submitted to the Butte Coun Public Works De artrnent for review and a royal, Prior to the issuance of each
^ Butte County Department of Development Services ^
^ Initial Study -Wallrich & Katz GPA/12EZ Q4-Q2 ^ Page 48 of SS ^
Project Name: Wallrich & Kau General Plan Amendment & Rezone, File # GPAIRZ 04-02
building permit on the site, a plan prepared by a registered civil engineer shall show how drainage from impervious
surfaces will be directed into the "first-flush" treatment sys#em. Each plan shall be submitted to the Butte County
Public Works Department For review and approval. The applicant or hislher successors, heirs, assigns shall ensure that
the "first-flush" treatment system is maintained and continues to function as designed.
Plan Requirements: Prior to issuance of a building permit the "first-flush" treatment system plan shall be
submitted to the Public Works Department for review and approval.
Timing: The "first-flush" treatment system plan shall be approved prior to issuance of a building permit.
Monitoring: The Department of Fublic Works shall be responsible for ensuring compliance with this mitigation.
Mitissation Measure # 16_
Prior to any development activity, including but not limited to grading, vegetation removal, or building construction,
and prior to issuance of a building permit, a plan for a permanent solution for drainage shall be submitted to and
approved by the Departrnent of Public Works and Caltrans. The drainage plans shall specify how drainage waters
shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility
and shall provide that there shall be no increase in the peak flow runoff to said channel or facility.
Plan Requirements; The applicant shall submit the required drainage plan to the Public Works Department and
Caltrans for review and approval.
Timing: The drainage plan shall be approved prior to any development activity and prior to issuance of a building
permit.
Monitoring: The Department of Public Works and Caltrans shall be responsible for ensuring compliance with this
mitigation.
Mitisration Measure_# 17:
All commercial development an the project site shall pay its "fair share" towards the installation of a signal light at Clark
Road (SR-191) and Durham-Pentz Road. 'The amount of the fair share payment shall be determined by the Butte County
Public Works Department and shall be paid prior to issuance of a building permit.
Plan Requirements: NIA
Timing: The fair share payment shall be paid prior to issuance of all building permits on the project site.
Monitoring: The Building Division shall not issue a building permit until such time as a fair share payment has
been made.
Mitigation Measure # 18:
Only one (I) driveway approach onto SR-191 shall be allowed. The location of the driveway approach onto SR-191
shall be approved by Caltrans and shall be Iocated at least 600 hundred feet from Durham-Pentz Road and at least 600
feet from Circle 4 Court. The use of Circle 4 Court for access to the project site shall not be allowed. An encroachment
permit shall be obtained from Caltrans for the driveway onto SR-191 prior to any development activity and prior to the
issuance of a building permit. The applicant shall install the driveway approach onto SR-19l and all other road
improvements as required by Caltrans.
The Butte County Public Works Department may determine that access onto Durham-Pentz Road is not appropriate. If
this is the case, alt access to the site shall be from SR-191. Should the Public Works Department allow driveway access
onto Durham-Pentz Road, this department shall determine the location of such access. An encroachment permit shall be
obtained from the Public Works Department for the driveway onto Durham-Pentz Road prior to any development
activity and prior to the issuance of a building permit. The applicant shaIl construct the driveway approach onto
Durham-Pentz Road and any other road improvements as required by the Public Works Department.
Plan Requirements: Driveway approaches shall be shown on all building and site development plans.
Tinting: The driveway approaches shall be approved by either the Butte County Public Works Department (for
Durham-Pentz Road) or by Caltrans (for SR-i9l) prior to issuance of building permits.
^ Butte County Department of Development Services ^
^ Initial Study -Wallrich & Katz GPA/REZ 04-02 ^ Page 49 of 55 ^
Project i~3ame: Watlrich & Katz General Plan Amendment & Rezone, File # GPA/t2Z 04-02
Monitoring: The Butte County Public Works Department and Caltrans are responsible for approving the location
of the driveway encroachment and ensuring that the driveway approaches and other required road improvements are
installed by the applicant.
6.0 ENVIRQNMENTAL REFERENCE MATERIAL
1. Butte County Board of Supervisozs. A 'cultural Preserves Mar,, established by Resolution No. 67-178.
Oroville, CA: Butte County Planning Departmen#, 1987.
2. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983.
3. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte
County Fire Department and California Department of Forestry, 1489.
4. Butte County Planning Department. Butte Coun GIS Data. Oroville, CA: November 2001.
5. Butte County Planning Department. Earth uake and Fault Activi Ma I 1-1 Seismic Safe Element.
Oroville, CA: CH2M Hill, 1977:
6. Butte County Planning Department. Environmental Checklist Form, Evaluation of Environmental Impact. File
Number 93-15. Oroville, CA: February 8, 1993.
7. Butte County Planning Department. Erosion Potential MaQI l 1-2, Safe_t~Element. Oroville, CA: GH2M Hi!!,
1977.
8. Butte County Planning Department. Ex ansive Soils Ma 11 I-3 Safe Element. Oroville, CA: CH2M Hill,
1977.
9. Butte County Planning Department. li uefaction Potential Ma 11-2 Seismic Safe Element. Oroville, CA:
CH2M Hill, I977.
10. Butte County Planning Department. Natural Fire Hazard Classes MaQ 111-4, Safety_Element. Oroviile, CA:
CH2M Hill, 1977.
11. Butte County Planning Department. Noise Element Man N-1, Scenic Highway Element. Orovilie, CA: '
CH2M Hill, 1977.
12. Butte County Planning Department. Scenic Highways Map V-I, Scenic Highway Element, Oroville, CA:
CH2M Hill, 1977.
13. Butte County Planning Department. Schoal District Mme. Oroville, CA.
14. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1,_Safety Element. Oroville,
CA CH2M Hill, 1977.
15. California Department of Transportation, Traffic Operations Division. 2000 All Traffic Volumes on California
State Hi;;hway_System._ 200I.
16. California Department of Transportation, Traffic Operations Division. 1998 Truck Volumes on California State
Highway S,, s~ 1998.
17. California Department of Transportation, Traffic Operations Drvision. 1998 All Traffic Volumes on California
State Highway S,, s~ 1998.
18. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency.
1989.
19. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in
Shallow Wells. The Resources Agency, State of California, 1983.
20. USGS Quad Maps.
21. Butte County Association of Governments 2003 Traffic Counts.
22. Caitrans 2002 State Highway Traffic Counts.
23. Butte County Department of Public Works 2002 Traffic Counts.
24. Central Butte County GPA Draft Program EIR, July 1997, LSA Associates, Inc.
25. Initial Study/Mitigated Negative Declaration, Butte College Facilities Master Plan, April 2002.
26. Butte County Association of Governments, Countywide Bikeway Master Plan for Butte County, September
1998.
^ Butte County Department of Development Services ^
^ Initial Study- WalJ.xich & Katz GPA/REZ 04-02 ^ Page 50 of 55 ^
project I~iame: Wailrich & Katz Genera! P3an Amendment & Ftezane, Fiie # GPA/RZ 04-02
7.Q CONSULTED AGENCYES:
[X] Environmental Health
[ ] BCAG
[X] Assessor
[X] Air Quality Management District
[ ]City of Gridley
[X] CA Department of Forestry
[ ]Department of Conservation
[X] Army Corps of Engineers
[ ]Butte Co. Farm Bureau
[ ] El Medio Fire Department
[ ] PG&E
[X] Public Works
[X] Caunty Counsel
[ ]Development Services
[ ]City of Chico
[ ]City of Ora~ille
[X] Caltr-ans (Traffic)
[X] CA Dept. of Fish and Garrie
[X] U.S. Fish & Wildlife Service
C]
[ ]
[ ]Pacific Bell
[X] Building Manager
~X] LAFCo
{ ]Chico Unified School District
[3~] Sheriff
[ ]Town of Paradise
[X] CA Central Reg. Water Qualify
[X] Highway Patrol
[X] Agricultural Commissioner
[ ]Feather River Recreation l~ist_
[ ] LOAPUD
[ ]Palermo Union School District
S.0 PROJECT SPONSOR(S) XNCORPORA'T~ON OF ]VUTI,GATION INTO
PROPOSED PROJECT:
I/We have reviewed the .Initial Study fog the Wallrich/Katz General Plan Amendment and
Rezone (APN # 041-120-OS8, 041-130-040) application and~articularly the mitigr~tlQn
measures ident~ed herein. I/We hereby modify the applications an file with the Butte
County Planning Dep nyt~n7 and incorporate all mitigations set forth in this
~,~
3'rtitial Study~;;~ - ~-'
1 f s~ ~~~+ '~' !f G,3P
Pfn;art C enr%P~niPrt ~er~ Date
ect
Date
ic:lplanninglprojectslgpa-rzlwallrich & katz.(1~Q21vvalLrich katz gpa rz 04-02 iuitia~ study.doc
^ Butte County Department of Deoelopmezrt Services ^
^ Initial Study - Wallrich & Katz GPAIREZ 04-42 ^ Page 51. of 55 ^
Project Name: Wallrich & Katz General Ptan Amendment & Re2one, File # GPA/RZ 04-02
^ Butte County Department of Development Services ^
^ Initial Study - Walkich & Katz GPAIREZ 0~1-02 ^ Page 52 of 55
Project Tlame: Wallrich & Katz General Plan Amendment & Rezone, File # GPA/RZ 44-02
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^ Butte County Departrr~ent of Development Services ^
^ Initial Study -Wallrich & Katz GPA/REZ 04-02 ^ Page 53 of 55 ^
Project Name: Wallrich & Katz General Plan Amendment & Rezone, File # GPAIRZ 04-02
^ Butte County Department of Development Services ^
Initial Study -Wallrich & Katz GPAIREZ 04-02 ^ Page 54 of SS
Project Name: Wallrich & Katz General Plan Amendment & Rezone, File # GPA/RZ 04-02
^ Butte County Department of Development Services ^
^ Trritial Study-Wallrich & Katz GPAIREZ 04-02 ^ Page 55 of 55 ^