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HomeMy WebLinkAbout10-076Resolution RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS REGARDING APPROVAL OF GENERAL PLAN AMENDMENT GPA06-0005 AND REZONE REZ06-0005, FOR JEFF ASHLOCK WHEREAS, on April 22, 2010 in a public hearing the Planning Commission considered General Plan Amendment and Rezone applications for 7eff Ashlocle, in accordance with Butte County Code Chapter 24, Section 30 (General Plan) and Section 25 (Zoning) and Tentative Subdivision Map application TSM06-0012 in accordance with Butte County Code Chapter 24, on Assessor's Parcel Numbers 075-090-043 and 078-090- 044; and WHEREAS, by its Resolution No. 10-10 the Planning Commission made recommendations that the Board of Supervisors approve the General Plan Amendment and Rezone applications changing the general plan land use designation from I (Industrial} to LDR {Low Density Residential), HDR (High Density Residential) and C (Commercial} and the Rezone from M-1 (Light Industrial} to R-1 (Residential), R-4 (Residential) and C-C {Cornxnunity-Commercial) on the land described as Assessors Parcel Numbers 078-090-043 and 075-490-044; and . ~ WHEREAS, conditionally approved tentative subdivision map TSM06-0012 is inconsistent with the current Industrial General Plan designation and M-1 zoning district and is not operative or entitled until General Plan Amendment and Rezone applications are approved by the Board of Supervisors; and WHEREAS, in addition to this resolution to approve the change of the general plan land use designation from I {Industrial) to LDR{Low Density Residential), HDR (High Density Residential) and C (Commercial) on the land described as Assessors Parcel Numbers 078-090-043 and 078=090-044 as shown on Exhibit A to this resolution, the Board of Supervisors is concurrently considering adoption of an ordinance to change the zoning district on the same land from M-1 {Light Industrial) to R-1 (Residential}, R-4 (Residential} and C-C {Community-Commercial) to ensure that the LDR. HDR and C land use designations and zoning districts are consistent; and WHEREAS, the application for General Plan Amendment and Rezone were referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing of the Board of Supervisors was held on May 11, 2010; and WHEREAS, the Board of Supervisors has considered public comments and a report from the Planning Division. NOW, THEREFORE, SE IT RESOLVED that the Board of Supervisors: I. Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did not identify any significant environmental effects. B. The Board of Supervisors has considered the Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Board, including the Initial Study and any comments received, there is na substantial evidence that General Plan Amendment (GPA06-0005) and Rezone (REZ06-0005) would have a significant effect on the environment. The custodian of the record is the Land Development Division of the Public Works Department. The location of the record is 7 County Center Dnive, Oroville CA 95965. D. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Fonds that collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If the required fee is not paid for the project, the project will not be operative, vested or final and any local permits issued for the project will be invalid {Section 711.4 (c)(3)). III. The Board approves the change in general plan land use designation from I {.Industrial) to LDR (Low Density Residential), HDR (High Density Residential) and C {Commercial) on the land described as Assessor's Parcel Numbers {APN) 078- 090-043 and 078-090-044. Said change is based on the following findings of consistency with the following General Plan Goals and Policies: A. GOAL 1 -General 1.7 Orderly Development -Government Agencies, private companies and the public at large have invested substantial amounts of money in Butte County's existing systems of roads, utilities and other facilities. To maximize this investment and the level of services, utilization of existing facilities is desirable, recognizing that all designated Iand for development is not immediately available for use. Land owners have plans and timing of development on their land which is to be respected. Policy 1.7.a Encourage annexation to existing cities and existing districts. The project parcel is located in the Oroville's Sphere of Influence and Oroville Urban Area. The project site is located approximately 1/1-a-mile east of the city boundary. The City's General Plan 1030 has identified the project parcels as mixed use. The project proposes a mixed uses (commercial and residential). The project is condition to develop to urban standards which are is substantial conformance to the City's requirements. The resulting General Plan Amendment, Rezone and Phased Tentative Subdivision Map would therefore comply with this policy. Policy 1.7.b Promote the full utilization of sites served by existing public facilities. The project site is currently in the service district, South Feather Water and Power Agency (SFWPA), for community water. The project is conditioned to extend the main water service line. The project is proposing to expand the Sphere of Lake Oroville Area Public Utility District (LOAPUD) and annex into the District to provide community sewer to the project. Tlie sphere expansion and annexation into LOAPUD was fully analyzed in the Initial Study/Mitigated Negative Declaration. The applicant/developer will be required to go through LAFCa (Local Agency Formation Commission) to complete the sphere amendment and annexation. To reduce potentially significant impacts to wastewater treatment capacity and service, the applicant shall enter iota a Pre-Annexation Agreement and Capacity/Mitigation Agreement or the functional equivalent of these agreements with Sewerage Commission -- Oroville Region (SC-OR) and LOAPUD. A Capacity Study was prepared by CHZMHiII for SC-OR in 2009 to determine project-related impacts to existing SC-OR facilities, including sewer interceptors and wastewater treatment plants, pursuant to currently adopted SC-OR policies. The Capacity Study concluded that the current Regional Facility Charge (RFC) for developed parcels, collected at the tune of issuance of building permits, is sufficient to mitigate for project impacts on SC-OR facilities without construction of new facilities. However, Both specific project-related load volumes and phased development timing were estimated for this study. Actual volumes must be determined at the time of connection pursuant to adopted SC-OR policy. The resulting General Plan Amendment, Rezone and Phased Tentative Subdivision Map would therefore comply with this policy. Policy 1.7c Encourage development in and around existing communities with public services. The project site is currently in the SFWPA service district for community water. The existing sphere boundary for LOAPUD is located approximately G75 feet north across Ophir Road. There are only six parcels between the project site and the District's sphere boundary. The Initial Study/Mitigation Negative Declaration addresses the minimum growth impact on the intervening parcels with this sphere expansion and annexation into the District. The resulting General Plan Amendment, Rezone and Phased Tentative Subdivision Map would therefore comply with this policy and will reduce these potential effects to a less than signif cant level. B. GOAL 3 -Residential Development 3.1 Housing Supply and Variety -Housing which provides adequate shelter, security and space is basic to the welfare of all County residents. Satisfying these housing needs requires conservation and rehabilitation of existing and construction of new housing. Because the economic well being of the County and satisfaction of housing needs are both dependent on balancing housing supply and demand, the County can best assist the housing market by assuring enough adequate suitable space for new housing construction. Policy 3.1.b Provide a diversity of housing sites varying in site, density and location. The phased tentative subdivision map includes both multi family and single family residential. The single family portion includes lots ranging in size from G, 500 square feet to 19,998 square feet. The multi family portion includes 125 units. The resulting tentative subdivision map would therefore comply with this policy. 3.2 Densities -The distribution of county population and the needs for public services and facilities is largely determined by the densities of residences in different areas of the County. Density is also important in its effect on the quietness, "elbow room" and overall quality of housing situations, the intensity of residential development is related to a number of factors, including the natural capabilities of property, the availability of public facilities, the value of property and proposes dwelling units, and the developing trend and characteristics of the surrounding area. Policy 3.2.a Correlate residential densities to soil, slope and other natural site characteristics. The project proposes to develop the commercial and multi family, and most of the single family residential will be located in the western and central portion of the project site, away from the existing oak trees. The proposed 13 custom single family lots will be developed to protect as many oak trees as possible. The elevation on-site ranges from 215-230 feet above sea level with topography mostly level, with areas of gentle slopes (0 to 4%). The resulting tentative subdivision map would therefore comply with this policy. Policy 3.2.b Correlate residential densities to availability of water and sewage disposal and proximity to other public facilities. The project will be served by community water and sewer. The project site is already in the SFWPA District for community water. The applicant will be required to complete a sphere expansion and annexation into LOAPUD. The project's cumulative impact related to the sphere expansion and annexation, along with the impact to the regional wastewater treatment facility were analyzed as part of the Initial Study/Mitigated Negative Declaration. With mitigation measures, the residential densities of the project will not significantly impact the service providers with regard to community water and sewer. The resulting tentative subdivision map would therefore comply with this policy. Policy 3.2.c Relate residential densities to intensity and compatibility of adjacent uses. Current surrounding uses include light industrial, rural residential, a little agriculture and undeveloped parcels. The proposed Butte County General Plan 2030 land use designations for the surrounding parcel include Mixed Use, Industrial and Resource Conservation. The project would be consistent with the Mixed Use designation. The project's commercial component will provide commercial services to existing and future residential uses. The resulting general plan amendment, rezone and tentative subdivision map would therefore comply with this policy and will reduce these potential effects to a less than signif cant level. Policy 3.2.d Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans. The proposed project has analyzed traffic an adjacent and nearby roads and intersections. A mitigation measure and project conditions are included that will reduce project related impacts on adjacent and nearby roads and intersections. The project will not create significant impacts to the surrounding circulation system. The resulting general plan amendment, rezone and tentative subdivision map would therefore comply with this policy. 3.3 Commercial Uses -Small business in the home can provide self-employment and a degree of financial independence for the residents. Similarly, offices and commercial uses in residential areas can sometime provide convenient services to area residents. Home business and same offices and services can be compatible with residential uses if sufficient limitations and conditions are placed upon the business activities, Several of the County's existing categories currently allow certain limited types of commercial use. Policy 3.3.b Regulate visibility, employment, advertising, parking, etc. of businesses allowed in residential areas in order to maintain a predominantly residential character. The project includes a commercial component, approximately 120, 000 square feet on 14.1 S acres. The commercial area is located in the northwest corner and the northern edge of the project site. The future commercial uses will need to be consistent with the proposed GP2030 Mixed Use land use designation. This Mixed Use designation includes commercial and residential as primary uses. The resulting commercial development would therefore comply with this policy. C. GOAL 4 -Economic Development 4.1 Economic Growth -Economic growth and vitality is based on a strong, stable and diversified economy that provides a wide range of meaningful employment and investment opportunities. lndividuaIs who enter the business sector gain independence for themselves, create jobs for others and help increase the tax base. Policy 4.1.a Provide sites and facilities to accommodate a variety of economic activities. The project proposes to provide a mix of different commercial and professional services. The future uses will be determined by the Mixed Use land use designation and the zoning. The resulting commercial development would therefore comply with this policy. 4.2 Property Rights -Enhancing the value of private property increases both the potential sale prices and the assessed value, bringing benefits to both the private and public sectors. The American concept of property rights requires the County to allow wherever possible a profitable economic use far each parcel and to maintain surrounding property values. Policy 4.2.a Maintain economic use and value of private property. The proposed general plan amendment and rezone will allow for a mixed use development that will provide commercial service to the future residents and customers for the future commercial services. The project site is also located at the intersection of two major roadways, ~phir Road (east-west) and Lincoln Boulevard (north-southJ. The project site is ideally suited for mixed use development. The resulting projects would therefore comply with this policy. 4.3 Commercial Services -The purpose and function of commercial facilities relates directly to the market demand for each service. The public derives the mast value for its investments when individuals are encouraged to enter the market place who are willing to compete in offering goods and services in relation to "supply and demand." Policy 4.3.a Encourage a full range of commercial services at the regional, community and neighborhood levels. The project proposes to provide a mix of different commercial and professional services. The future uses will be determined by the Mixed Use land use designation and the zoning. The resulting commercial development would therefore comply with this policy. Policy 4.3.b Coordinate future commercial facilities with existing and proposed transportation systems, utilities and other public facilities. The project site is located at the intersection of two major roadways, Ophir Road (east-west} and Lincoln Boulevard (north-south}. The project site is ideally suited for mixed use development. The resulting commercial portion of the project would therefore comply with this policy. Policy 4.3.d Designate retail and service commercial areas in close proximity to residential development. The proposed project is located in an area that will serve existing residents in the south and southeast Oroville areas, the north Palermo area and people travelling east on Ophir Road to Lake Oroville. The commercial services will also serve future residents on the project site and in the south Oroville area. The resulting project would therefore comply with this policy. D. GOAL 5 -Public Facilities 5.2 Water and Sewer,,,, SW,ystem -Approximately 85% of the County's residents currently receive domestic water andlor sewer service from community systems. County Health Department guidelines allow much higher densities on property served by such systems than on parcels with individual wells and septic tanks. Consequently, the location of water and sewer lines largely determines the size and shape of urban development in the County. Because the extension of such lines so significantly affects government costs and land use patterns, all annexations to public systems must be reviewed and approved by the County-Ievel Local Agency Formation Commission. Policy 5.2.a Encourage expansion of public water and sewer systems where development to be served conforms to adapted land use plans. The project site is currently in the service district, South FeatTter Water and Power Agency (SFWPA), for community water. The project is conditioned to extend the main water ser-vice line. The project is proposing to expand the Sphere of Lake Oroville Area Public Utility District (LOAPUD} and annex into the District to provide community sewer to the project. The sphere expansion and annexation into LDAPUD was fully analyzed in the Initial Study/Mitigated Negative Declaration. The applicant/developer will be required to go through LAFCo (Local Agency Formation Commission) to complete the sphere amendment and annexation. The resulting General Plan Amendment, Rezone and Phased Tentative Subdivision Map would therefore comply with this policy. V. The Board finds General Plan Amendment and Rezone to be substantially consistent with the LDR {Low Density Residential), HDR (High Density Residential) and C (Commercial} Site Design Criteria as follows: Low Densi Residential 1. Needed for urban residential within 20 years. The County GP2030 has identified this area, known as Las Plumas, as a growth area, The area is served by infrastructure, including, but not limited to community water (South Feather Water and Power Agency}, community sewer (Lake Oroville Area Public Utility District}, schools and county-maintained paved roads. The proposed project is consistent with overall growth projects for the area and the County over the next 20 years. Proposed residential land use designations in the project area include medium density (4 to 6 du/ac), medium-high density (7 to 14 du/ac) and mixed use. 2. Adequate water supply. The project site is located in the South Feather Water and Power Agency District (SFWPA). SFWPA has determined that they have adequate water supply to serve the proposed development of the project. They are requiring an extension their main water line. 3. Sewers available or natural conditions well suited to septic tanks. Lake Oroville Public Utility District has determined the sphere expansion and annexation into their service district is acceptable. The project will be required to provide a mainline extension, a regional pump station and force main facilities with capacity to serve the much larger basin, which includes this project. The pump station and pipelines must be constructed to District standards. The District will consider a phased design that allows expandability to meet the future growth needs of the basin. ~. Adjacent or near existing utilities, roads and single-family residential development. The project site is located in the Oroville Urban Area and City of Oroville's Sphere of Influence. Power and water are adjacent to project site, while sewer will need to be extended to the project site. An expansion of the sewer provider sphere and annexation into the district is required. The project site is located at the intersection of two major roadways, Ophir Road (east-west) and Lincoln Boulevard (north-south). The project site is ideally suited for mixed use development. 5. Good accessibility to commercial services, schools, fire protection and other community facilities. The project site is located approximately 2.7 miles south of full commercial services in the City of Oroville. There are several neighborhood commercial services located north, east and south of the project site. With build-out of the project, the will be approximately 120, 000 square feet of commercial services proposed on site. Schools are located between 1.3 and 2.3 miles from the project site. The closest Cal- Fire/Butte County Fire station is located approximately 2.3 miles south in Palermo. Access would be via Palermo Road and Lincoln Boulevard, both county-maintained paved roads. Hioh Density Residential l . Needed for higher-density residential development within 2Q years. The County GP2030 has identified this area, known as Las Plumas, as a growth area. The area is served by infrastructure, including, but not limited to community water (South Feather Water and Power Agency), community sewer {Lake Oroville Area Public Utility District), schools and county-maintained paved roads. The proposed project is consistent with overall growth projects for the area and the County over the next 20 years. Proposed residential land use designations in the project area include medium density (4 to 6 du/ac), medium-high density (7 to 14 du/ac) and mixed use. 2. Within service areas of community water systems. The project site is located in the South Feather Water and Power Agency District (SFWPA). SFWPA has determined that they have adequate water supply to serve the proposed development of the project. They are requiring an extension their main water line. 3. Sewers available or natural conditions well suited to septic tanks. Lake Oroville Public Utility District has determined the sphere expansion and annexation into their service district is acceptable. The project will be required to provide a mainline extension, a regional pump station and force main facilities with capacity to serve the much larger basin, which includes this project. The pump station and pipelines must be constructed to District standards. The District will consider a phased design that allows expandability to meet the future growth needs of the basin. ~1. Adjacent or near exisf~ng utilities and urban development. The project site is located in the Oroville Urban Area and City of Oroville's Sphere of Influence. Power and water are adjacent to project site, while sewer will need to be extended to the project site. An expansion of the sewer provider sphere and annexation into the district is required. The project site is located at the intersection of two major roadways, Ophir Road (east-west) and Lincoln Boulevard (north-south). The project site is ideally suited for mixed use development. 5. Excellent accessibility to commercial services, schools, fire protection and other community facilities. The project site is located approximately 2.7 miles south of full commercial services in the Ciry of Oroville. There are several neighborhood commercial services located north, east and south of the project site. With build-out of the project, the will be approximately 120, 000 square feet of commercial services proposed on site. Schools are located between 1.3 and 2.3 miles from the project site. The closest Cal- Fire/Butte County Fire station is located approximately 2.3 miles south in Palermo. Access would be via Palermo Road and Lincoln Boulevard, bath county-maintained paved roads. Commercial 1. Needed for commercial development within 20 years. The project site is located in an area that has been designated as a growth area by the draft Butte County GP2030. Anticipated growth for the area is approximately 4,000 residential dwellings over the next 20+ years. With this growth, additional commercial services will be necessary to support the additional residential growth. The proposed commercial portion of the project will assist in the needed commercial services. 2. Goad road accessibility to service area or traveling public. The project site is located at the intersection of two major roadways, Ophir Road (east-west) and Lincoln Boulevard (north-south). The commercial portion of the project site will provide services to existing residents, future residents and people traveling south from Oroville and east to Lake Oroville. The project site is ideally suited for mixed use development. 3. Adjacent or near utilities, walkways and commercial development. The project site is located in the Oroville Urban Area and City of Oroville's Sphere of Influence. Power and water are adjacent to project site, while sewer will need to be extended to the project site. An expansion of the sewer provider sphere and annexation into the district is required. There are no sidewalks or pedestrian trails in the project vicinity. The project does include improvements of sidewalks in the interior portion and along Ophir Road and Lincoln Boulevard parcel frontage. They also propose a series of open space recreation trails in the open space area of the project site. The project site is located approximately 2.7 miles south of full cornrnercial services in the City of Droville. There are several neighborhood cornrnercial services located north, east and south of the project site. With build-out of the project, the will be approximately 110, 000 square feet of commercial services proposed on site. 4. Less than 20% slopes. The elevation on-site ranges from 215-230 feet above sea level with topography mostly level, with areas ofgentle slopes (0 to 4%}. 5. Adequate ire and police protection. The closest Cal-Fire/Butte County Fire station is located approximately 2.3 miles south in Palermo. Access to the site is on county-maintained paved roads which allows for reasonable response time for emergencies. Law enforcement in the Las Plumas area is provided by the Butte County Sherds Ojjzce (BCSD}. The project development will add 190 units, or approximately S16 persons (1.77persons per housing unit), and would require less than one (O.S26} BCSO officer and one (1.052} OPD officer to maintain the targeted service ratios. Law enforcement services are funded through property taxes. Because this funding will increase at a rate commensurate with development, significant impacts to the level of law enforcement services due to increases in population are not anticipated. 6. Adequate water supply and sewage disposal capabilities. The project site is located in the South Feather Water and Power Agency District (SFWPA). SFWPA has determined that they have adequate water supply to serve the proposed development of the project. They are requiring an extension their main water line. Lake Droville Public Utility District has determined the sphere expansion and annexation into their service district is acceptable. The project will be required to provide a mainline extension, a regional pump station and force main facilities with capacity to serve the much larger basin, which includes this project. The pump station and pipelines must be constructed to District standards. The District will consider a phased design that allows expandability to meet the future growth needs of the basin. VT. The Board finds the General Plan Amendment and Rezone to be substantially consistent with the LDR (Low Density Residential), HDR (High Density Residential) and C (Commercial} Zoning liactors as follows: Low and High Density Residential 1. Existing parcel sizes and residential densities. The project site is located in the Droville Urban Area and City of Oroville's Sphere of .Influence. Current surrounding land use is dominated by vacant lands to the north, scattered low-density residential east and south, and isolated commercial/light industrial businesses adjacent to vacant lands and residences to the west. Surrounding parcel sizes range from 0.1& to 61.z acres. Surrounding residential parcel sizes range from 0.59 acres to IO.S acres with density range from 0.1 to 1.G7 dwelling units per acre. According to the draft Las Plumas Master Environmental Assessment (MEA), approximately 2,200,000 square feet of lands zoned industrial currently exist within the Las Plwnas area. Only 87,120 square feet (or less than 4%} are anticipated for buildout by 2030 (Butte County 2009}. Preferred Land Use Alternatives for the 2030 Butte County General Plan indicate a shift toward predominantly Mixed Use designations for the parcels surrounding the project, Conservation designation for parcels east of the project area, and designations yet to be developed (currently indicated Industrial) for lands south of the project area. 2. (Low Density Residential) -Availability of sewers or sui#ability for septic tanks. The project is proposing to expand the Sphere of Lake Oroville Area Public Utility District (LOAPUD) and annex into the District to provide community sewer to the project. The sphere expansion and annexation into LOAPUD was fully analyzed in the Initial Study/Mitigated Negative Declaration. The applicant/developer will be required to go through LAFCo (Local Agency Formation Commission) to complete the sphere amendment and annexation. To reduce potentially significant impacts to wastewater treatment capacity and service, the applicant shall enter into a Pre-Annexation Agreement and Capacity/Mitigation Agreement or the functional equivalent of these agreements with Sewerage Commission - Oroville Region (SC-OR) and LOAPUD. A Capacity Study was prepared by CH2MHill for SGOR in 2009 to determine project-related impacts to existing SC-OR facilities, including sewer interceptors and wastewater treatment plants, pursuant to currently adopted SC-OR policies. The Capacity Study concluded that the current Regional Facility Charge (RFC} for developed parcels, collected at the time of issuance of building permits, is suffrcient to mitigate for project impacts on SC-OR facilities without construction of new facilities. However, both specif c project-related load volumes and phased development timing were estimated for this study. Actual volumes must be determined at the time of connection pursuant to adopted SC-OR policy. (High Density Residential) -Method and capability of sewage disposal. The project is proposing to expand the Sphere of Lake Oroville Area Public Utility District (LOAPUD) and annex into the District to provide community sewer to the project. The sphere expansion and annexation into LOAPUD was fully analyzed in the Initial Study/Mitigated Negative Declaration. The applicant/developer will be required to go through LAFCo (Local Agency Formation Commission) to complete the sphere amendment and annexation. To reduce potentially significant impacts to wastewater treatment capacity and service, the applicant shall enter into a Pre-Annexation Agreement and Capacity/Mitigation Agreement or the functional equivalent of these agreements with Sewerage Commission - Oraville Region (SC-OR) and LOAPUD. A Capacity Study was prepared by CH2MHil1 for SC-OR in 2009 to determine project-related impacts to existing SGOR facilities, including sewer interceptors and wastewater treatment plants, pursuant to currently adopted SC-OR policies. The Capacity Study concluded that the current Regional Facility Charge (RFC) for developed parcels, collected at the time of issuance of building permits, is sufficient to mitigate for project impacts an SGOR facilities without construction of new facilities. However, both specific project-related load volumes and phased development tuning were estimated for this study. Actual volumes must be determined at the time of connection pursuant to adopted SC-OR policy. . 3. Effects on adjacent uses, water quality, air quality, noise, traffic flow az~d safety, and general environmental quality. Current surrounding land use is dominated by vacant lands to the north, scattered low-density residential east and south, and isolated commercial/light industrial businesses adjacent to vacant lands and residences to the west. The project will have minimal effect on adjacent uses. The project will be served by public sewer and public water. The project includes conditions that will address drainage (grading} and storrnwater runoff. It will not violate any water quality or waste discharge standards, or otherwise substantially degrade groundwater or surface water. Several attributes of the project minimize contributions to criteria pollutants to air quality and reduce the project's potential to create a significant impact. Project design incorporates "living streets" standards, including sidewalks, nature and bicycle paths, and pedestrian friendly streets. This design encourages residents within the development to walk or use a bicycle rather than drive a vehicle. Additionally, the block of neighborhood commercial lots in the northwest corner will encourage development of essential services, including grocery stores and restaurants. This will reduce trip generation from within the development and from residences south of Ophir Road by providing an alternate location to Ora Dam Boulevard for essential services. This establishment of an alternate neighborhood commercial center will relieve congestion within downtown Droville, resulting in a decreased contribution of vehicular pollutants for vehicles originating within the project area, as well as in surrounding areas. The project will not conflict with applicable air quality plans, nor will it expose sensitive receptors to substantial pollutant concentrations or create objectionable odors. Project construction is likely to increase short-term noise levels in the project area from on-site activities and construction traffic. A mitigation is included that will restrict construction tune between the hours of 7.'(JO a.m. and 7.'OOp.rn. Construction equipment typically generates on the order of 80 to 45 dB at a distance of 50 feet. As a result, receptors in the vicinity may experience sign~cantly increased noise levels during project construction. However, current regulations for air quality that limit the idling of trucks may also decrease local ambient noise levels during construction. The project site is located at the intersection of two major roadways, Ophir Road (east-west} and Lincoln Boulevard (north-south}. The proposed project has analyzed traffic on adjacent and nearby roads and intersections. A mitigation measure and project conditions are included that will reduce project related impacts on adjacent and nearby roads and intersections. The project will be design to reduce safety issues by providing turn pockets and deceleration and acceleration lanes. The project will not create sign scant traffic or safety unpacts to the surrounding circulation system. Tlae project site is designed to reduce environmental impacts. The majority of the development will occur in the grassland portion of the site, in order to protect as many oak trees as possible. A mitigation measure is included that addresses the oak trees to be removed. Approximately I1.4 acres is called as open space, which will protect a large percentage of the existing oak trees and identified wetlands. As stated above, the project is designed to encourage a walkable neighborhood by providing commercial services on site. 1't will also provide additional local commercial to existing and future residences in the surrounding area. 4. 1'raximity to major streets, commercial services and all public facilities. The project site is located at the intersection of two major roadways, Ophir Road (east-west) and Lincoln Boulevard (north-south). The project site is located approximately 2.7 miles south of full commercial services in the City of Oroville. There are several neighborhood commercial services located north, east and south of the project site. Schools are located between 1.3 and 2.3 miles from the project site. The closest Cal-Fire/Butte County Fire station is located approximately 2.3 miles south in Palermo. Access would be via Palermo Road and Lincoln Boulevard, both county-maintained paved roads. 5. Distance from airports, railroads and industrial uses. The only airport in the area, Oroville Municipal Airport, is approximately 4.3 miles northwest of the project and does not contribute appreciably to the ambient noise within the site. There are no private airstrips in the project vicinity. The nearest railroad (Union Pacific) is located approximately 1,250 feet west of the project site. According to the Butte County General Plan 2030 Setting and Trends Report (August 2007), the noise decibel, without warning hor~as, is 60 dB at 858 feet. With the project site being another 400 feet away, the decibel Level at the project site would be under the acceptable level for single family residential (60 to 70 dB), multi- family residential (65 to 70 dB) and commercial (70 dB). The project site is adjacent to existing industrial to the south. Butte County General Plan 2030 proposes an industrial land use designation along the south boundary of the project site. Design and setback requirements will reduce or eliminate impacts between residential and industrial uses. 6. Existing utilities, walkways and drainage facilities. The project site is located in the Oroville Urban Area and City of Oroville's Sphere of Influence. Power and water are adjacent to project site, while sewer will need to be extended to the project site. An expansion of the sewer provider sphere and annexation into the district is required. There are no sidewalks or pedestrian trails in the project vicinity. The project does include improvements of sidewalks in the interior portion and along Ophir Road and Lincoln Boulevard parcel frontage. They also propose a series of open space recreation trails in the open space area of the project site. According to the Department of Public Works, there are no storm drainage facilities in the area. The project will create new impervious surfaces (roads, driveways, and raafs) that will increase the rate of surface runoff during storm events. Roads and driveways create new sources for polluted runoff water. However, several aspects of project design serve to minimize this impact. Several detention basins have been included in the design which will capture peak stormwater discharge and limit erasion. These detention basins are planned both far the eastern and western portions of the project area, directing excess flow toward multiple existing outflow points. Significant open space (approximately 15 acres, centrally situated) in the eastern portion of the site serves as a natural detention basin for excessive stormwater volumes and is an existing drainage path toward Wyman Ravine. 7. Local desires. Many of the surrounding landowners have been part of the Las Plumas Study Area, which has looked at growth and specific uses in the project area over the next 20 to 25 years. Based an this interest, the proposed project is consistent with the local desires of the area and with General Plan 2030 Land use designations. Apart from the landowners mentioned above, the County does not have information about the local desires of surrounding property owners regarding this proposal. The public noticing and public hearing process associated with reviewing and approving a General Plan Amendment, Rezone and Tentative Subdivision Map projects helps to gauge local desires through public input and comment. Cozxzmercial 1. Existing types of commercial and non-commercial uses in area. Current surrounding land use is dominated by vacant lands to the north, scattered law-density residential east and south, and isolated cornmercialllight industrial businesses adjacent to vacant lands and residences to the west. The closest regional cornrnercial is located approximately 2.7 miles in the City of Oroville. There are several neighborhood commercial services located north, east and south of the project site. As the area grows, additional commercial services will be needed to serve the growing population. The project will be a component of the necessary commercial development needed over the next 20~ years. 2. Traffic volumes on nearby streets. The proposed project has analyzed traffic on adjacent and nearby roads and intersections. A mitigation measure and project conditions are included that will reduce project related impacts on adjacent and nearby roads and intersections. The project will not create significant impacts to the surrounding circulation system. Number of residents in service area. The project site is located in an area that has been designated as a growth area by the draft Butte County GP2030. Anticipated growth for the area is approximately 4,000 residential dwellings over the next 20+ years. With this growth, additional cornrnercial services will be necessary to support the additional residential growth. The proposed commercial portion of the project will assist in the needed commercial services. 4. Parcel sizes. Current surrounding land use is dominated by vacant lands to the north, scattered low-density residential east and south, and isolated commercial/light industrial businesses adjacent to vacant lands and residences to the west. Surrounding commercial uses parcel sizes include parcel sizes of 1.26 acres and 4.97 acres. The project proposed 14.15 acres of commercial area, which will include approximately 120, 000 square feet of commercial floor area. The project commercial parcel sizes will range from 0.75 acres to 4.99 acres. S. Effects on adjacent uses, water quality, air quality, noise, traffic flaw and safety, and general environmental quality. Current surrounding land use is dominated by vacant lands to the north, scattered low-density residential east and south, and isolated commercial/light industrial businesses adjacent to vacant lands and residences to the west. The project will have minimal effect on adjacent uses. The project will be served by public sewer and public water. The project includes conditions that will address drainage (grading and storrnwater runoff: It will not violate any water quality or waste discharge standards, or otherwise substantially degrade groundwater or surface water. Several attributes of the project minimize contributions to criteria pollutants to air quality and reduce the project's potential to create a significant impact. Project design incorporates "living streets " standards, including sidewalks, nature and bicycle paths, and pedestrian friendly streets. This design encourages residents within the development to walk or use a bicycle rather than drive a vehicle. Additionally, the block of neighborhood commercial lots in the northwest corner will encourage development of essential services, including grocery stores and restaurants. This will reduce trip generation from within the development and from residences south of Ophir Road by providing an alternate location to Oro Darn Boulevard for essential services. This establishment of an alternate neighborhood commercial center will relieve congestion within downtown Oroville, resulting in a decreased contribution of vehicular pollutants for vehicles originating within the project area, as well as in surrounding areas. The project will not conflict with applicable air quality plans, nor will it expose sensitive receptors to substantial pollutant concentrations or create objectionable odors. Project construction is likely to increase short-term noise levels in the project area from on-site activities and construction trajfic. A mitigation is included that will restrict construction time between the hours of 7:00 a. m. and 7: DO p.m. Construction equipment typically generates an the order of 80 to 95 dB at a distance of 50 feet. As a result, receptors in the vicinity may experience significantly increased noise levels during project construction. However; current regulations for air quality that limit the idling of trucks may also decrease local ambient noise levels during construction. The project site is located at the intersection of ~o major roadways, Ophir Road (east-west) and Lincoln Boulevard (north-south). The proposed project has analyzed traj~c on adjacent and nearby roads and intersections. A mitigation measure and project conditions are included that will reduce project related impacts on adjacent and nearby roads and intersections. The project will be design to reduce safety issues by providing turn packets and deceleration and acceleration lanes. The project will not create significant traffze or safety impacts to the surrounding circulation system. The project site is designed to reduce environmental impacts. The majority of the development will occur in the grassland portion of the site, in order to protect as many oak trees as possible. A mitigation measure is included that addresses the oak trees to be removed. Approximately 1.1.4 acres is called as open space, which will protect a large percentage of the existing oak trees and identif ed wetlands. As stated above, the project is designed to encourage a walkable neighborhood by providing commercial services on site, It will also provide additional local commercial to existing and future residences in the surrounding area. 6. Local desires. Many of the surrounding landowners have been part of the Las Plumas Study Area, which has looked at growth and specific uses in the project area over the next 24 to 25 years. Based on this interest, the proposed project is consistent with the local desires of the area and with General Plan 2030 land use designations. Apart from the landowners mentioned above, the County does not have information about the local desires of surrounding property owners regarding this proposal. The public noticing and public hearing process associated with reviewing and approving a General Plan Arriendment, Rezone and Tentative Subdivision Map projects helps to gauge local desires through public input and comment. VYT. Approval of General Plan Amendment and Rezone will not impair the integrity and character of the zone in which the land lies, and the resulting uses would not be unreasonably incompatible with, or injurious to surrounding properties, or detrimental to the health and general welfare of the persons residing or working in the neighborhood, ar to the general health, welfare and safety of the residents of the County. DULY PASSED AND ADOPTED this 11th Day of May 2010, by the following vote: AYES:Supervisor~ Dolan Kirk Lambert Yzmaguchi and Chair Conneil~ NOES: No~:e ABSENT: None ABSTAIN: None Bill Connelly, Chair Board of Supervisor County of Butte, State of California ATTE S ~ dy, Inte 'm Chief Admini trative Officer and er of the Boar Co ty of Butte, State of Califo a