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HomeMy WebLinkAbout15-077 ',9",,ipri, ^'00, 1 " r1� 4y� � 'ii r'1'i rp“illI rj. e ,'"v9 rr�,- ,ry f / lef/ J/ � ,,rf�,, �r iv.'1l ��),e 7Yyr ifir , '/ iea ' `,i /(, .il , ,, r // jiii, ' r a,I 1I i, I ri. r „ 1i,h,o, , „j1i� I 6' d(i i /4� 'iiI � fr4da;e y r l,, � . , ap11711 r v , r Il, �� �, 1(4704,,i0,4 11" 411110 f trYffid* 4 ''')0040// 000,01000,0400,000,10,0000000,14,40ripotiol#A,10,10t,„ 14;r/4 vat,/ 1, 1'311,0}04100441,1/0 i',A, !' k �� ;'i.'44,1'P'"4"'�l 1, � ! � �'n�4 r l ?Ili�� 1�� "0 , oi L1 ��a�/,. r. I 1.i',P.,ta ,J , f „I 1 ! fr '' I i -: I A 114,) lg r0.g r,M, f�/1,u111VIu>�,talr di,,, , ,�rd i,,J,,11 01 4_ ox����1,irrA z'1I 'e ha,' Oars' 4; <�i.,0 1,, a1(,ad ,�, fn IJr.j� �r girt ,Ai ,,A wid,/c Vieli,40p, i 000$14r Resolution No. 15-077 A RESOLUTION OF THE BOARD OF SUPERVISORS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT; MAKE FINDINGS REGARDING SIGNIFICANT AND UNAVOIDABLE IMPACTS; ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM; APPROVE THE RIO d'ORO SPECIFIC PLAN (SP08-0001), A GENERAL PLAN MAP AND TEXT AMENDMENT(GPA09-0001) AND REZONE (REZ15-0002)A PORTION OF THE PLAN WHEREAS, in 2008, the Rio d'Oro Specific Plan application (SP08-0001) was submitted to Butte County Development Services for 2,700 residential units, 248,000 square feet of commercial space and related on-site amenities on a 689-acre site on Assessor's Parcel numbers 025-240-009,-048, -054, -069, -075,025-350-035, 025-360-001 and 025- 370-010; and, WHEREAS, Butte County Department of Development Services has determined the Rio d'Oro Specific Plan was prepared consistent with Sections 65450-65457 of the Government Code; and, WHEREAS, on October 26, 2010, the Board of Supervisors adopted General Plan 2030 and certified the General Plan 2030 Final EIR including the designation of the project parcels with a General Plan overlay designation of"Specific Plan to be Developed"; and, WHEREAS, on May 12, 2011, a Notice of Preparation (NOP) of an Environmental Impact Report (EIR) for the proposed project was submitted to the State Clearinghouse (SCH#2011052035) for circulation to public agencies for comment.The NOP comment period extended from May 13, 2011 to June 13, 2011; and, WHEREAS, on May 31, 2011, a scoping meeting was held to provide agency staff and the public with an opportunity to provide comment on the scope and content of the Draft EIR. A total of ten (10) comment letters were received during the comment period. Two (2) people provided verbal public comment at the scoping meeting; and, WHEREAS, on October 3, 2014, a Draft EIR (SCH#2011052035) was circulated with the Rio d'Oro Specific Plan to the State Clearinghouse, responsible agencies and interested parties for a 45-day review period; and, WHEREAS, on November 13, 2014, a public hearing on the Draft EIR was held before the Butte County Planning Commission to accept verbal and written comment on the Draft EIR in accordance with Butte County Environmental Review Guidelines, A total of five (5) comment letters were received on the Draft EIR in addition to verbal comment presented at the public hearing; and, WHEREAS, on March 26, 2015, a public workshop was held before the Butte County Planning Commission as an informational item to discuss the Rio d'Oro Specific Plan; and, WHEREAS,on April 13, 2015, Butte County released the Rio d'Oro Specific Plan Final EIR and the County provided notice of the availability of the Final EIR to agencies, organizations, and the public; and, WHEREAS, on April 23, 2015, the Butte County Planning Commission conducted a public hearing concerning a recommendation to the Board of Supervisors on the Specific Plan and Final EIR; and, WHEREAS, the Butte County Planning Commission has reviewed and considered in light of public comment and testimony, information in the Specific Plan and staff report for adequacy,completeness and compliance with Government Code Sections 65450-65457 regarding Specific Plans; and, WHEREAS,the Butte County Planning Commission voted 5-0 to adopt Resolution 15-07 recommending the Board of Supervisors certify the Final EIR, make findings regarding significant and unavoidable impacts, adopt a Mitigation Monitoring and Reporting Program, approve the Specific Plan, General Plan Map and Text Amendments and Rezone a portion of the Specific Plan to Very High Density Residential and High Density Residential; and, WHEREAS, with respect to Government Code Section 65457, as noted in Exhibit A, the EIR focuses primarily on the changes in the environment that would result from project development.The EIR examines all phases of the project including planning, construction, and operation. It is recognized that elements of the proposed Project are less defined; thus, project specific impacts cannot be fully evaluated. These elements are identified and addressed at the Program level. This EIR can serve as a first-tier document for later CECQA review as Project details are specified and subsequent phases of the Project are proposed; and, WHEREAS, the Butte County Housing Element contains Action H-A1.7, to address zoning for lower-income housing.The goal of Action H-A1.7 is to make up for the shortfall of sites necessary to accommodate the County's Regional Housing Needs Allocation (RHNA). To meet this requirement, Butte County has identified up to 195 multifamily units developed within the HDR (High Density Residential - 14 to 20 dwelling units/acre) and VHDR (Very High Density Residential—20 to 30 dwelling units/acre) neighborhoods in the Rio d'Oro Specific Plan. Action H-A1.7 identified another parcel (APN025-380-013)that is not part of the Rio d'Oro Specific Plan for this rezone; and, WHEREAS, the rezone of the VHDR (6.3 acres) and HDR (26.8 acres) portion of the Specific Plan (Village 4 on as shown on Exhibit 2-1 and the VHDR and HDR as shown on Exhibit 2-2 of the Specific Plan),on a portion of Assessor's Parcel number 025-360-001 as VHDR zone and HDR zone is consistent with Action H-A1.7. The County considers this rezone equivalent to or greater than the requirements of Action H-A1.7 for rezoning APN 025-380-013 as the estimated total of multifamily units per the Specific Plan is greater at 170 units in VHDR and 485 units in HDR; and, WHEREAS,the Rio d'Oro Specific Plan area is shown in the General Plan as a Specific Plan to be Developed Overlay designation with an Agriculture Land Use Designation. Page 73 of the General Plan Land Use Element includes the description of this overlay and indicates that this area is to be developed to not more than 2,700 dwelling units of mixed residential types and commercial uses. The Agriculture Land Use designation is intended to maintain the parcel size until a specific plan is approved. It is a land use planning strategy that provides an interim use, and prevents additional subdivision of the property, prior to development of the property in accordance with the General Plan. Therefore the criteria for rezoning Agricultural lands under Butte County Code 24-14(E) are not applicable for lands designated Specific Plan to be Developed Overlay in General Plan 2030 as lands within this Overlay are intended to be rezoned consistent with the vision of General Plan 2030; and, WHEREAS, Butte County and the applicant have agreed to set negotiation of a Development Agreement; completion of fiscal analysis; and approval of zoning implementation ordinance as items required prior to approvals of subsequent discretionary entitlements (including but not limited to parcel map, subdivision map, use permit, minor use permit, general plan amendment, rezone, specific plan amendment) for all areas of the Specific Plan excepting the Very High Density Residential and High Density Residential designations; and, WHEREAS, deferring the Development Agreement negotiation process, fiscal analysis, and detailed Zoning Implementation Ordinance to subsequent discretionary entitlements(including but not limited to parcel map, subdivision map, use permit,minor use permit,general plan amendment, rezone,specific plan amendment) of all areas of the Specific Plan,excepting VHDR and HDR designations,will allow Butte County and the applicant opportunity to negotiate terms and conditions specific to that phase based in part on current costs and development requirements; and, WHEREAS,through access as shown in the Specific Plan is a key circulation element to the Specific Plan. An interim looped road access may be allowed for Phase 1 development and up to 200 single-family units consistent with the Specific Plan. Development in addition to Phase 1 (200 units) is required to have constructed the full length of the through access to promote internal access consistent with the Specific Plan. The width and construction standard of the through access is to be determined through subdivision map process. NOW,THEREFORE, BE IT RESOLVED,that the Board of Supervisors hereby: I. Considers the Final EIR, prepared under the California Environmental Quality Act, and find that it reflects the independent judgment and analysis of Butte County,which is the Lead Agency and as further provided in Exhibit A including the CEQA Findings of Fact. II. Finds that the collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required prior to filing a Notice of Determination for the project. If a 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. Finds pursuant to CEQA Guidelines Section 15093 that specific economic, legal, social, technological, or other benefits of the Project outweigh the Project's acknowledged environmental consequences. As such, the Statement of Overriding Considerations included in Exhibit A to this resolution is adopted, and the Board of Supervisors finds and declares, based upon substantial evidence in the entire record,that specific economic,legal, social,technological or other benefits of the Project outweigh the Project's acknowledged environmental impacts and as further provided in Exhibit A including Section VIII Statement of Overriding Considerations. IV. Finds that, consistent with CEQA Guidelines Section 15126.6, although the 50% Density Reduction Alternative is identified as an environmentally superior alternative in the Draft EIR,the 50%Density Reduction Alternative is not a preferred alternative to the Project for a variety of reasons, as discussed in the attached Draft Board of Supervisors resolution adopting and certifying the Final EIR for the Project. The Project as proposed by the applicant, is selected as the recommended project. As further provided in Exhibit A including Section VI Findings Regarding Alternatives. V. Finds the Project to be substantially consistent with applicable Goals and Policies of the Butte County General Plan based on a consistency review attached as Exhibit B.The Project is substantially consistent with General Plan goals and polices as analyzed and discussed throughout the EIR and in Exhibit B to this resolution. VI. Approves the Rio d'Oro Specific Plan as a planning document to guide future development of the area, General Plan Map and Text amendment (GPA09-0001) shown in Exhibit C and Exhibit D, partial rezone (REZ15-0002)of a portion of parcel 025-360-001 from Agriculture to 6.3 acres of Very High Density Residential and 26.8 acres of High Density Residential shown in Exhibit D, Mitigation Monitoring and Reporting Program and any subsequent development excepting VHDR and HDR is subject to a development agreement negotiation process,fiscal analysis and detailed implementation zoning ordinance. VII. Requires that future discretionary actions for residential/commercial/industrial development of areas not zoned High Density Residential and Very High Density Residential cannot take place until there are the following: a. a subsequent General Plan Amendment and Rezone of the area; b. an ordinance is adopted setting specific standards for development of the area; c. the intervening strip of land between village 5 and villages 1-4 is acquired and included in the specific plan process as a requirement of a complete application for the future discretionary action(s); d. completion of a fiscal analysis acceptable to the County; and, e. a development agreement negotiation process. DULY PASSED AND ADOPTED this 19th day of May, 2015 by the following vote: AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter NOES: None ABSENT: None NOT VOTING None DougTeeter, Chair, Butte County Board of Supervisors P �� nistrative Officer and Clerk of tie Board of Supervisors Attachments: Exhibit A—CEQA Findings of Fact, Statement Of Overridng Considerations, and Mitigation Monitoring and Reporting Program Exhibit B—General Plan Consistency Table ExhiNtC—Genera| Plan Map & Zoning Exhibit Exhibit D—General Plan Text Amendments Exhibit A—Board of Supervisors Resolution Rio d'Oro Specific Plan (SP08-0001) CEQA FINDINGS OF FACT, STATEMENT OF OVERRIDING CONSIDERATIONS,AND MITIGATION MONITORING AND REPORTING PROGRAM I. INTRODUCTION TO CEQA FINDINGS These findings are made pursuant to the California Environmental Quality Act(Pub. Res. Code §21000 et seq., "CEQA") and the CEQA Guidelines (Cal. Code Regs.title 14, §15000 et seq.)by the Board of Supervisors of Butte County (County), as the lead agency for the Rio d'Oro Specific Plan (the"Project").These findings pertain to the Final Environmental Impact Report(`BIR") SCH #2011052035. A.PROJECT DESCRIPTION SUMMARY The proposed Specific Plan encompasses approximately 689 acres, with 413 developed acres (including developed parkland)and 276 acres to remain in environmental conservation and scenic open space. Proposed land uses include residential, 248,000 square feet of commercial, public facility, park and open space, and environmental conservation. Up to 2,700 residential units are proposed at a variety of densities ranging from low density single-family residences (from 3 units/acre)to high density multi-family development(up to 30 units/acre). The site is currently designated "Specific Plan to be Developed" in the Butte County General Plan 2030. The project site is located within unincorporated Butte County, south of the City of Oroville and west of the unincorporated community of Palermo, on County Assessor Parcel numbers 025-240-009, - 048, -054, -069, -075, 025-350-035, 025-360-001 and 025-370-010. The project area is generally located between Palermo Road to the south and Ophir Road to the north and is bisected north/south by State Route 70 (SR 70) and bounded on the west by Pacific Heights road. The proposed Specific Plan is approximately 689 acres in size;the majority of the proposed Specific Plan is located west of SR 70. Approximately 164 acres of the Specific Plan are located east of SR 70,just north of Palermo Road. The project also includes a General Plan Map amendment to change from Specific Plan to be Developed Overlay to Specific Plan Overlay and land use designations of a portion of parcel 025- 360-001 from Agriculture to 6.3 acres of Very High Density Residential and 26.8 acres of High Density Residential to High Density Residential (14-20 units/acre), Very High Density Residential (20-30 units/acre); various text amendments to update the General Plan for approval of the Specific Plan; and, a rezone of a portion of parcel 025-360-001 from Agriculture-80 to 6.3 acres of Very High Density Residential and 26.8 acres of High Density Residential. B. TYPE OF EIR The Rio d'Oro Specific Plan EIR is a Project EIR as defined in Section 15161 of the Guidelines to the California Environmental Quality Act("CEQA Guidelines"or"Guidelines"). Preparation of an EIR is required as part of the Rio d'Oro Specific Plan adoption process. This type of EIR focuses primarily on the changes in the environment that would result from project development. The EIR examines all phases of the project including planning, construction, and operation. It is recognized that elements of the proposed Project are less defined;thus, project specific impacts cannot be fully 51 evaluated. These elements are identified and addressed at the Program level. An advantage of a Program evaluation is that it allows the lead agency to consider broad policy alternatives and "program wide mitigation measures"at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts. (CEQA Guidelines §15168(b)(4).) This EIR can serve as a first-tier document for later CEQA review as Project details are specified and subsequent phases of the Project are proposed. These subsequent reviews will focus on specific impacts and mitigation measures and need not repeat the scope of analyses contained in this EIR. C. INCORPORATION OF FINAL EIR BY REFERENCE The Final EIR, consisting of: (1)the Final EIR volume, which is a complete revision of the Draft EIR; (2) all appendices to the Final EIR and(3)comments and recommendations received on the Draft EIR, a list of persons, organizations, and public agencies commenting of the Draft EIR, Butte County's responses to significant environmental points raised in the review and consultation process and other information is hereby incorporated by reference into these Findings. D. REQUIREMENTS FOR CEQA FINDINGS Pursuant to Public Resources Code §21081 and CEQA Guidelines §15091, no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings with respect to each significant impact: 1. Changes or alterations have been required in, or incorporated into,the project which mitigate or avoid the significant effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. 3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (The concept of infeasibility also encompasses whether a particular alternative or mitigation measure promotes the Project's underlying goals and objectives, and whether an alternative or mitigation measure is impractical or undesirable from a policy standpoint. (See City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410; California Native Plant Society v. City of Santa Cruz(2009) 177 Cal.App.4th 957.)) Butte County has made one or more of these specific written findings regarding each significant impact associated with the Rio d'Oro Specific Plan. Those findings are presented below, along with a presentation of facts in support of the findings. The Board of Supervisors certifies these findings are based on full appraisal of all viewpoints, including all comments received up to the date of adoption of these findings, concerning the environmental issues identified and discussed. These findings are based on evidence contained in the totality of the administrative record before the Board of Supervisors, including but not limited to the Final EIR"supporting evidence"cited herein. Page 2 52 II. LOCATION AND CUSTODIAN OF THE RECORD The documents and other materials that constitute the record of proceedings on which Butte County's Findings of Fact are based are located at 7 County Center Drive, Oroville, California. The custodian of these documents is Pete Calarco, Assistant Director, Development Services Department. This information is provided in compliance with Public Resources Code § 21081.6(a)(2) and 14 Cal. Code Regs. § 15091(e). For purposes of CEQA at these Findings, the Record of Proceedings for the Project consists of the following documents, at a minimum: • The Notice of Preparation and all other public notices issued by Butte County and in conjunction with the Project. • The Draft and Final EIRs, including appendices and technical studies included or referenced in the Draft and Final EIRs. • All comments submitted by agencies or members of the public during the public comment period on the Draft EIR. • All comments and correspondence submitted to Butte County with respect to the Project. • The MMRP for the Project. • All Findings and resolutions adopted by Butte County decision makers in connection with the Project, and all documents cited or referred to therein. • All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project prepared by Rincon Consultants, Gallaway Enterprises, KD Anderson and Associates , Neil O. Anderson and Associates, William Hezmalhalch Architects, Benchmark Engineering, consultants to the applicant and Butte County. • All documents and information submitted to Butte County by responsible, trustee, or other public agencies, or by individuals or organizations, in connection with the Project, up through the date the Butte County Board of Supervisors approved the Project. • Any documentary or other evidence submitted to Butte County at such information sessions, public meetings, and public hearings. • Matters of common knowledge to Butte County, including,but not limited to federal, state,and local laws and regulations. • Any documents expressly cited in these Findings, in addition to those cited above. • Any other materials required to be in the Record of Proceedings by Public Resources Code § 21167.6(e). Page 3 53 III. FINDINGS FOR IMPACTS IDENTIFIED AS INSIGNIFICANT (Class III) Public Resources Code § 21081 and CEQA Guidelines § 15091 do not require findings of fact for impacts that are less than significant.Nevertheless, for the sake of completeness, the Butte County Board of Supervisors hereby finds that the following environmental impacts of the Rio d'Oro Specific Plan either have no impact or are less than significant. These findings are based on the discussion of impacts in the detailed issue area analyses in Sections 4.1 through 4.15 of the EIR. Under CEQA, no mitigation measures are required for impacts that are less than significant(CEQA Guidelines § 15126.4(a)(3)). In addition,the findings below identify Class III impacts. Class III impacts are impacts that are adverse but less than significant. A. AESTHETICS (CLASS III) 1. Impact AES-1. Development facilitated by the Specific Plan would adversely affect public views of the project site from SR 70, Pacific Heights Road, and other roadways. However, recognized scenic views would not be affected, as scenic highways, scenic vistas, and County scenic byways are not located in the vicinity. Impacts on scenic vistas would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—The construction and operational impacts of the Rio d'Oro Specific Plan on scenic views would be less than significant. c. Supportive Evidence-Please refer to pages 4.1-8 through 4.1-1 lof the Final EIR B. AGRICULTURE AND FORESTRY(CLASS III) 1. Impact AG-l. The proposed Specific Plan is consistent with the Williamson Act,the General Plan 2030, and the County's Zoning Ordinance. Impacts related to applicable agricultural regulations would be Class III, less than significant. A. Mitigation—No mitigation is required. B. Findings—The construction and operational impacts of the Rio d'Oro Specific Plan on applicable agricultural regulations, including the Williamson Act, would be less than significant. C. Supportive Evidence-Please refer to pages 4.2-7 through 4.2-8 of the Final EIR 2. Impact AG-2. The Specific Plan area primarily consists of grassland with small clusters of oak woodland as well as riparian vegetation along two arroyos. The project site does not include forest land and is not zoned as such. Impacts related to forest land are Class III, less than significant. A. Mitigation—No mitigation is required. Page 4 54 B. Findings—The construction and operational impacts of the Rio d'Oro Specific Plan on forest land would be less than significant. C. Supportive Evidence-Please refer to page 4.2-8 of the Final EIR 3. Impact AG-3. Implementation of the Specific Plan could involve construction of water and sewer lines through agricultural land off-site. However, important farmland would not be affected, and any disturbance of agricultural activities would be temporary. Therefore, impacts related to the conversion of other agricultural land outside the Specific Plan area would be Class III, less than significant. A. Mitigation—No mitigation is required. B. Findings—The construction and operational impacts of the Rio d'Oro Specific Plan related to agricultural land conversion outside the Specific Plan area would be less than significant. C. Supportive Evidence-Please refer to pages 4.2-8 through 4.2-10 of the Final EIR C. AIR QUALITY(CLASS III) 1. Impact AQ-1 The proposed Specific Plan would increase the population of Butte County by providing new housing and employment opportunities. However, the increase associated with new residences and employees would be within Butte County Air Quality Management District(BCAQMD)estimates; and thus, impacts would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—The operational impacts of the Rio d'Oro Specific Plan on the attainment of state and federal air quality standards would be less than significant. c. Supportive Evidence-Please refer to pages 4.3-7 through 4.3-8 of the Final EIR. 2. Impact AQ-2 Project construction would generate temporary air pollutant emissions of ozone precursors ROG and NOx, as well as fugitive dust(PMio and PM2.$). However, with implementation of standard BCAQMD control measures, temporary construction-related air quality impacts during Phase I would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—With implementation of planned BCAQMD control measures to reduce emissions of ROG,NOx, PMio and PM2.s, impacts would be less than significant. c. Supportive Evidence-Please refer to pages 4.3-8 through 4.3-10 of the Final EIR. 3. Impact AQ-4 The proposed Specific Plan would support residential, recreational and commercial land uses. These uses would not generate objectionable odors. Impacts would be Class III, less than significant. Page 5 55 a. Mitigation—No mitigation is required. b. Findings—The Rio d'Oro Specific Plan would not generate objectionable odors. c. Supportive Evidence-Please refer to page 4.3-13 of the Final EIR. D. BIOLOGICAL RESOURCES (CLASS III) 1. Impact BIO-8. The project site and off-site infrastructure alignments would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. This impact would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts to the movement of native resident or migratory fish or wildlife species or to would be less than significant. c. Supportive Evidence—Please refer to pages 4.4-44 through 4.4-45 of the Final EIR. 2. Impact BIO-9. Development on the project site and offsite for infrastructure could conflict with an Adopted Habitat Conservation Plan,Natural Community Conservation Plan, Recovery Plan, or local policies or ordinances protecting Biological Resources. However,this impact would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to inconsistencies with approved Habitat Conservation Plans or Natural Community Conservation Plans would be less than significant. c. Supportive Evidence—Please refer to pages 4.4-45 through 4.4-46 of the Final EIR. E. GEOLOGY/SOILS (CLASS III) 1. Impact GEO-2. Construction of projects carried out under the proposed Specific Plan could potentially expose soils in the Specific Plan area to erosion from the forces of wind and precipitation. However, compliance with existing regulations would minimize such exposure and erosion. Therefore, this impact would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to soil erosion would be less than significant without mitigation. c. Supportive Evidence-Please refer to pages 4.6-14 through 4.6-16 of the Final EIR. Page 6 56 F. GREENHOUSE GAS EMISSIONS (CLASS III) 1. Impact GHG-1. Development of the Specific Plan would generate additional GHG emissions beyond existing conditions. However, design features outlined in the Specific Plan reduce overall emissions by 33%compared to the business as usual scenario. Impacts would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to GHG emissions would be less than significant. c. Supporting Evidence—Please refer to pages 4.7-12 through 4.7-19of the Final EIR. 2. Impact GHG-2. The proposed project would be generally consistent with the Climate Action Team GHG reduction strategies, the 2008 Attorney General Greenhouse Gas Reduction Measures, and the Climate Action Plan. Thus,the Specific Plan would be consistent with applicable plans, policies or regulations adopted for the purpose of reducing the emissions of greenhouse gases. Impacts would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—The proposed project would be generally consistent with the Climate Action Team GHG reduction strategies. Impacts would be Class III, less than significant. c. Supporting Evidence—Please refer to pages 4.7-19 through 4.7-26 of the Final EIR. G. HAZARDS AND HAZARDOUS MATERIALS (CLASS III) 1. Impact HAZ-2. The proposed plan would not require the demolition of any structures; and therefore, would not have the potential to release asbestos-containing-material or lead-based paint into the environment as part of such activities. Some soils in foothill areas of Butte County may contain naturally-occurring asbestos, which could be released into the environment during grading, but the project site is not located in such an area. This potential impact would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to the release of asbestos-containing materials would be less than significant. c. Supporting Evidence—Please refer to pages 4.8-15 through 4.8-16 of the Final EIR. 2. Impact HAZ-6. The proposed Specific Plan includes multiple potential evacuation routes in case of an emergency. Also, the County has plans and policies in place to plan for and respond to emergency situations. Thus, the proposed project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. This impact would be Class III, less than significant. Page 7 57 a. Mitigation—No mitigation is required. b. Findings—Impacts to emergency evacuation routes would be less than significant. c. Supporting Evidence—Please refer to pages 4.8-19 through 4.8-20 of the Final EIR. 3. Impact HAZ-7.The proposed Specific Plan would be subject to various goals,policies, and actions from the Butte County General Plan designed to help ensure that fire hazards are incorporated into project planning. Thus, the proposed project would not expose people or structures to significant risks from wildland fires. This impact is Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to wildfire exposure would be less than significant. c. Supporting Evidence—Please refer to page 4.8-20 of the Final EIR. H. HYRDOLOGY AND WATER QUALITY(CLASS III) 1. Impact HWQ 1. The proposed Specific Plan would involve the use and treatment of wastewater for reclaimed irrigation onsite. However, this wastewater would be subject to treatment consistent with applicable RWQCB standards. Thus, the proposed project would have a less than significant potential to violate any water quality standards or waste discharge requirements. This impact would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to water quality standards would be less than significant. c. Supporting Evidence—Please refer to pages 4.9-11 through 4.9-12 of the Final EIR. 2. Impact HWQ 2. Development in accordance with the proposed Specific Plan would increase impervious surfaces on-site, which would have the potential to adversely affect groundwater recharge. However, implementation of proposed on-site storm water detention and storm drain improvements and infrastructure would minimize runoff to the extent that it would not significantly increase over existing conditions. Thus,the proposed project impact would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to increased runoff would be less than significant. c. Supporting Evidence—Please refer to pages 4.9-12 through 4.9-13 of the Final EIR. 3. Impact HWQ 3. Construction activities have the potential to increase erosion and sedimentation,which, if uncontrolled, could adversely impact surface water quality. However, compliance with NPDES Permit requirements, the General Construction Permit and related Page 8 58 regulations described herein and County ordinances would reduce temporary construction- related water quality impacts to Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Temporary impacts to water quality during construction would be less than significant. c. Supporting Evidence—Please refer to pages 4.9-13 through 4.9-14 of the Final EIR. 4. Impact HWQ 4 Development in accordance with the proposed Specific Plan would increase impervious surfaces on-site,thereby potentially resulting in increased peak stormwater runoff flows, which could adversely affect water quality (via chemical contaminants and sedimentation) or lead to increased flows that could contribute to on-or off-site flooding. However, the proposed on-site storm water detention, storm drain improvements and related infrastructure would minimize runoff to the extent that it would not exceed the capacity of existing and proposed stormwater facilities or adversely affect water quality. This impact would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to stormwater system capacity would be less than significant. c. Supporting Evidence—Please refer to pages 4.9-14 through 4.9-15 of the Final EIR. 5. Impact HWQ 6. The Specific Plan area is located within the potential dam failure inundation zone of the Lake Oroville Dam. However, the chance of an event leading to a catastrophic failure of Oroville Dam that would inundate the project area and expose people or structures to a significant risk of loss, injury, or death involving flooding is remote. This impact would be a Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to dam failure inundation would be less than significant. c. Supporting Evidence—Please refer to page 4.9-16 of the Final EIR. 6. Impact HWQ 7. The Specific Plan area may be subject to inundation from a seiche originating on Lake Oroville. However,the chance of a seismic event of sufficient magnitude to produce a seiche that would overtop the Oroville Dam and flood the Specific Plan area is extremely remote. This impact would be a Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to a seiche would be less than significant. c. Supporting Evidence—Please refer to page 4.9-16 of the Final EIR. Page 9 59 I. LAND USE (CLASS III) 1. Impact LU-1.The proposed Specific Plan would facilitate urban development between existing residential uses along Pacific Heights Road both north and south of the proposed site. Although development would alter the rural character of the existing community, it would not impose a barrier to connectivity in this community. Impacts related to physically dividing a community would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts regarding consistency with applicable plans and policies would be Class III, less than significant. c. Supportive Evidence—Please refer to page 4.10-9 of the Final EIR. 2. Impact LU-2. The proposed Project would be consistent with General Plan 2030, zoning ordinance and related policies/regulations adopted for the purpose of avoiding or minimizing environmental effects. Impacts would be Class II, less than significant. a. Mitigation—No mitigation is required. b. Findings—The land use patterns and densities envisioned by General Plan 2030 would be consistent with the proposed Project. c. Supportive Evidence—Please refer to page 4.10-10 of the Final EIR. 3. Impact LU-3. The Butte Regional Conservation Plan(BRCP)has been released in draft form and has not been adopted. If the plan is approved, development facilitated by the proposed Specific Plan could be subject to requirements in the BRCP to avoid, minimize, or mitigate impacts on species and habitat. By complying with provisions in the BRCP, impacts would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—If approved, coordination of BRCP requirements with BCAG and resource agencies would ensure project consistency. Impacts would be less than significant. c. Supportive Evidence—Please refer to pages 4.10-26 through 4.10-27 of the Final EIR. J. NOISE (CLASS III) 1. Impact N-1. Construction-related activities associated with buildout of the Specific Plan would intermittently increase noise levels on and adjacent to the site. This may affect existing and future receptors on or near the project site. However, construction noise would be temporary and subject to the requirements of Butte County Municipal Code Chapter 41A. Therefore, impacts would be Class III, less than significant. a. Mitigation—No mitigation is required. Page 10 60 b. Findings—Construction noise may be audible but temporary and less than significant if construction occurs consistent with Butte County Municipal Code Chapter 41A. c. Supportive Evidence—Please refer to pages 4.11-8 through 4.11-10 of the Final EIR. 2. Impact N-2. Construction-related activities associated with build out of the Specific Plan would intermittently generate groundborne vibrations on and adjacent to the site. This may affect existing and future receptors on or near the project site. However, construction noise would be temporary and subject to the requirements of Butte County Municipal Code Chapter 41A and would not exceed FTA thresholds for vibration. Therefore, impacts would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings— Construction noise may be audible but temporary and less than significant if construction occurs consistent with Butte County Municipal Code Chapter 41A. c. Supportive Evidence—Please refer to pages 4.11-10 through 4.11-11 of the Final EIR. 3. Impact N-3. Onsite operations would generate noise levels that may periodically be audible to existing land uses near and within the Specific Plan area. However, operational noise is not expected to exceed County noise standards. This impact is Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings— Operational noise levels are not expected to exceed County noise standards. This impact would be less than significant. c. Supportive Evidence—Please refer to page 4.11-11 of the Final EIR. 4. Impact N-4.Additional traffic volumes and associated noise generated by development under the Specific Plan would expose existing residential, school, commercial and public facility receptors adjacent to roadways serving the project area to increases in traffic-generated noise. Impacts would be Class II, less than significant. a. Mitigation—No mitigation is required. b. Findings—Traffic noise levels would increase with operation of the Specific Plan; however,they would not exceed standards. Impacts would be less than significant. c. Supportive Evidence—Please refer to pages 4.11-12 through 4.11-13 of the Final EIR. Page 11 61 K. POPULATION AND HOUSING (CLASS III) 1. Impact PH-1. Implementation of the proposed Specific Plan would allow construction of 2,700 housing units. This would add an estimated new 6,588 residents,to the project area, as well as an estimated 299 jobs, which could potentially add another 299 residents to the County. However, this growth would be within BCAG population forecasts. Therefore, impacts would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to population growth would be less than significant. c. Supportive Evidence—Please refer to pages 4.12-5 through 4.12-6 of the Final EIR. 2. Impact PH-2. The Specific Plan does not contain any existing residential units;therefore, no housing displacement impacts would occur. This impact would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to housing displacement would be less than significant. c. Supportive Evidence—Please refer to page 4.12-6 of the Final EIR. L. PUBLIC SERVICES (CLASS III) 1. Impact PS-1. The proposed project would incrementally increase demands on the Butte County Fire Department. This increase would affect the personnel, equipment, and the organization of the Fire Department. This impact would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Payment of impact fees would reduce potential impacts to the Butte County Fire Department to less than significant. c. Supportive Evidence—Please refer to pages 4.13-11 through 4.13-12 of the Final EIR. 2. Impact PS-2.The proposed project would incrementally increase demands on the Butte County Sheriffs Office, which could adversely affect the Sheriffs Office. This impact would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Payment of impact fees would reduce potential impacts to the Butte County Sheriff's Department to less than significant. c. Supportive Evidence—Please refer to pages 4.13-12 through 4.13-13 of the Final EIR. Page 12 62 3. Impact PS-3. The proposed project would generate an estimated 891 K-8th Grade school- age students and 392 9-12th Grade school-age students. This could adversely affect school facilities in the Palermo Union School District and Oroville Union High School District. a. Mitigation—No mitigation is required. b. Findings—With payment of school impact fees and incorporation of an elementary school site into the project design, impacts would be reduced to Class III, less than significant. c. Supportive Evidence—Please refer to pages 4.13-13 through 4.13-15 of the Final EIR. 4. Impact PS-4. The proposed project would both incrementally increase demand for, and incrementally increase demands on, local recreational facilities. However,the project includes parks that would help meet demand for recreational services. Further, the ratio of parkland to population would not be exceeded. This impact would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Because the project would provide park resources and the ratio of parkland to population would not be exceeded, the impact would be Class III, less than significant. c. Supportive Evidence—Please refer to pages 4.13-15 through 4.13-16 of the Final EIR. 5. Impact PS-5. The proposed project would both incrementally increase demand for, and incrementally increase demands on, local library facilities. This impact would be a Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Project impact fees would reduce impacts to library services to Class III, less than significant. c. Supportive Evidence—Please refer to pages 4.13-16 through 4.13-17 of the Final EIR. M. TRAFFIC, CIRCULATION AND ACCESS (CLASS III) 1. Impact T-3. Future development anticipated under the proposed Specific Plan would not interfere with the implementation of planned pedestrian or bicycle facilities.Public transit facilities would be provided n an as needed basis. Impacts would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to pedestrian and bicycle facilities would be Class III, less than significant. Page 13 63 c. Supporting Evidence—Please refer to pages 4.14-23 through 4.14-25 of the Final EIR 2. Impact T-4. Future development anticipated under the proposed Specific Plan would not interfere with emergency access, create hazards, and would have adequate parking. Impacts would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to emergency access and parking would be Class III, less than significant. c. Supporting Evidence—Please refer to page 4.14-25 of the Final EIR N. UTILITIES AND SERVICE SYSTEMS (CLASS III) 1. Impact UTL-1. The proposed project would generate estimated water demand of about 1,428 acre feet per year(AFY). Based on a detailed cumulative water supply assessment, South Feather Water and Power Agency's projected water supply is expected to be adequate to serve both the project demands through the Year 2035. Therefore both the project specific and cumulative impact on water supply would be Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to water supply would be Class III, less than significant. c. Supporting Evidence—Please refer to pages 4.15-9 through 4.15-10 of the Final EIR 2. Impact UTL-2. The proposed project would generate an estimated 599,200 gallons of wastewater per day, which would flow to the SC-OR WWTP. At its current capacity, SC-OR has sufficient capacity to accommodate this increase in wastewater and local conveyance for Rio dD'Oro at full buildout in 2035. Therefore,this impact is considered less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to sewage treatment would be Class III, less than significant. c. Supporting Evidence—Please refer to pages 4.15-10 through 4.15-11 of the Final EIR 3. Impact UTL-3. The proposed project would generate an estimated 18 tons of solid waste per day. This is within the capacity of solid waste disposal facilities serving Butte County. Therefore,this impact is considered Class III, less than significant. a. Mitigation—No mitigation is required. b. Findings—Impacts related to solid waste disposal and landfill capacity would be Class III, less than significant. c. Supporting Evidence—Please refer to pages 4.15-12 through 4.15-13 of the Final EIR Page 14 64 IV. FINDINGS FOR IMPACTS IDENTIFIED AS SIGNIFICANT BUT MITIGATED TO A LESS THAN SIGNIFICANT LEVEL (Class II) The Butte County Board of Supervisors hereby finds that mitigation measures have been identified in the EIR that will avoid or substantially lessen the following environmental impacts to less than significant. These findings are based on the discussion of impacts in the detailed issue area analyses in Section 4.0 of the EIR, as well as relevant responses to comments in the Final EIR. The significant impacts and the mitigation measures that will reduce them to a less than significant level are as follows. Class II impacts are those which are significant but can be mitigated to less than significant by implementation of mitigation measures. A. AESTHETICS (CLASS II) 1. Impact AES-4. The proposed Specific Plan would facilitate the addition of new sources of light and glare on a currently undeveloped site in a rural area. This impact would be a Class II, significant but mitigable. a. Mitigation— AES-4(a) Lighting Plans and Specifications. Prior to the issuance of any building permits,the applicant shall submit lighting plans and specifications for all exterior lighting fixtures and light standards to the Department of Development Services for review and approval. The plans shall demonstrate that all outdoor light fixtures in residential zones and parking areas within the Specific Plan area would be designed and located such that no direct light falls outside the property line, or into the public right-of-way. Prior to the issuance of any building permits, the applicant shall demonstrate to the Department of Development Services that all night lighting installed on private property within the Specific Plan area shall be shielded, directed away from residential uses, and confined to the Specific Plan area. AES-4(b) Building Material Specifications. Prior to the issuance of any discretionary permits for construction under the Specific Plan, the applicant shall submit plans and specifications for all building materials and colors to the Department of Development Services for review and approval.All structures facing any public street or neighboring property shall use minimally reflective glass and all other materials and colors used on the exterior of buildings and structures shall be selected with attention to minimizing reflective glare. Prior to the issuance of any building permits, the applicant shall submit plans and specifications showing that building windows are tinted with an antireflective material in order to minimize glare. b. Findings—With the implementation of Mitigation Measures AES-4(a) and (b), impacts related to light and glare would be less than significant. c. Supportive Evidence—Please refer to pages 4.1-18 through 4.1-21 of the Final EIR. Page 15 65 B. BIOLOGICAL RESOURCES (CLASS II) 1. Impact BIO 1. Development of the project site and off-site infrastructure alignments have the potential to have direct and indirect adverse effects on special status invertebrate species. This impact would be Class II,significant but mitigable. a. Mitigation— BIO-1(a) Aquatic Invertebrates: For those portions of the Specific Plan area (including off-site infrastructure areas where development is proposed) where protocol-level surveys have not been completed,the project proponent shall either(1) prior to construction, retain a qualified biologist to conduct protocol- level surveys for listed vernal pool branchiopods following the USFWS Guidelines to Permittees for Recovery Permits under Section 10 (a)(1)(A) of the Endangered Species Act for Listed Vernal Pool Branchiopods (1996a)to determine presence/absence; or(2)assume presence. Measures to avoid, minimize, or mitigate direct and indirect impacts to vernal pool fairy shrimp and vernal pool tadpole shrimp within 250 feet of the project disturbance shall be incorporated into the design of project site and off-site infrastructure development areas, unless the USFWS permits a reduced setback. Consultation with the USFWS is needed to determine the extent of mitigation that will be required to address impacts. This mitigation will be accomplished in conjunction with the USACE §404 permit process. Measures shall include the following (pending consultation with the USFWS and USACE): 1. For every acre of known or presumed occupied habitat directly and indirectly affected, at least two vernal pool preservation credits will be dedicated within a USFWS-approved ecosystem preservation bank, or,based on USFWS evaluation of site-specific conservation values, approximately 27 acres of vernal pool habitat may be preserved on the project site or on another non-bank site located outside the project area, as approved by the USFWS. 2. For every acre of known or presumed occupied habitat directly impacted, at least one vernal pool creation credit will be dedicated within a USFWS-approved habitat mitigation bank, or, based on USFWS evaluation of site-specific conservation values, vernal pool habitat will be created or substantially restored or enhanced and monitored on the project site or on another non-bank site located outside the project area, as approved by the USFWS. 3. Vernal pool habitat and associated upland habitat used as on-site mitigation will be protected from adverse impacts and managed in perpetuity. 4. In addition,the project proponent shall install flagging to delineate a 250-foot buffer zone for Waters of the U.S. which contain listed vernal pool branchiopod species to avoid potential indirect impacts Page 16 66 to these listed species as a result of impaired water quality or altered hydrology. Additional permitting conditions required by regulatory agencies will also be implemented as necessary. BIO-1(b) Terrestrial Invertebrates. Valley elderberry longhorn beetles are found exclusively on elderberry shrubs. Thus, protection of this species is based on protection of this shrub. The USFWS has adopted a standard mitigation protocol (USFWS 1999) for avoidance of impacts to VELB. Elderberry plants with one or more stems measuring 1.0 inch or greater in diameter at ground level and occurring where they may be directly or indirectly affected by the proposed action require mitigation. The standard mitigation measures will be implemented and are summarized below. However, formal consultation with the USFWS will be required prior to any disturbance at the site in order to obtain the necessary take permit. Prior to approval of development plans and disturbance of ground within the site or off-site infrastructure areas for development purposes, the project proponent shall identify those areas within the Specific Plan Area that have not received protocol level surveys for special status invertebrate species as well as verifying the status of any existing surveys, ESA §7 consultation, and USFWS Biological Opinion. Areas proposed for development that contain suitable habitat for special status invertebrate species shall have protocol level surveys conducted to determine presence, absence or assumed presence of each special status invertebrate species. If special status invertebrate species will be impacted by the proposed development or off-site infrastructure, the project proponent, through the consultation mandates of the federal lead agency, shall obtain ESA §7 clearance via a Biological Opinion and fulfill all avoidance, minimization and mitigation measures prescribed within the Biological Opinion(s). 1. All elderberry shrubs with one or more stems measuring 1.0 inch or greater in diameter at ground level that occur on or adjacent to the proposed project site will be thoroughly searched for beetle exit holes. In addition, all elderberry stems 1.0 inch or greater in diameter at ground level will be tallied by diameter size class (protocol-level surveys are valid for only 2 years). 2. Complete avoidance (i.e., no adverse effects)may be assumed when a 100-foot(or wider)buffer is established and maintained around elderberry plants containing stems measuring 1.0 inch or greater in diameter at ground level. Measures to protect buffer areas will be instituted prior to construction and will include fencing, signs, and worker education programs. 3. Any damage done to buffer areas during construction will be restored. In addition, the areas will continue to be protected from damage after construction is complete. The applicant shall retain a Page 17 67 qualified biologist to prepare a written description of how the buffer areas are to be restored, protected, and maintained after construction is completed. Typical measures include fencing, signs, weeding, and trash removal. 4. Elderberry plants that cannot be avoided will be transplanted to a USFWS approved conservation area prior to construction under the supervision of a qualified biologist. Each elderberry stem measuring 1.0 inch or greater in diameter at ground level that is adversely affected(i.e.,transplanted or destroyed) will also be replaced, in the conservation area, with elderberry seedlings or cuttings at a ratio ranging from 1:1 to 8:1 (new plantings to affected stems)dependent upon their location and size. The conservation area will be protected in perpetuity as habitat for the valley elderberry longhorn beetle, and the applicant will provide a written monitoring plan to the USFWS. b. Findings—With implementation of Mitigation Measures BIO-1(a)and(b), impacts to special status invertebrate species would be less than significant. c. Supportive Evidence—Please refer to pages 4.4-23 through 4.4-26 of the Final EIR. 2. Impact RIO 2. Development of on- and off-site infrastructure has the potential to have direct and indirect adverse effects on special status mammal species. This impact would be Class II, significant but mitigable. a. Mitigation— BIO-2 Mammals. Up to thirty days prior to the commencement of construction, the project proponent shall retain a qualified biologist to conduct pre-construction bat survey(s) for project activities that involve the removal of potential diurnal roosting trees(e.g. trees 24"DBH and greater, snags,hollow trees). During the survey(s),the qualified biologist will inspect all potential diurnal roosting trees within the entire area(s)where potential diurnal roosting trees will be removed and within a 100 foot buffer area around the entire area(s)where diurnal roosting trees will be removed using the appropriate and most effective methodology (e.g. camera inspection, exit survey with night optics, acoustic survey) in determining presence or absence of bat species. Since western red bats are a solitary roosting species, for the purposes of these avoidance and minimization measures for special-status bat species, a bat roost is considered one bat unless positively determined that the identified bat is not a western red bat by a biologist with working knowledge of western red bats.A bat roost not consisting of western red bats as determined by an accredited biologist is then considered a congregation of bats as determined by a biologist. If a bat roost is found within an area where trees or other structures are to be removed or within the 100 foot buffer area around the area where Page 18 68 potential nesting structures are to be removed, during the bat maternity season(April—August),then the structure will be marked and construction within 100 feet from the roosting tree will be delayed until a qualified biologist has determined that young are volant(flying). If the marked roosting tree/structure is to be removed then the roost site will not be removed until after a qualified biologist has determined that all young are volant and/or the roost is determined unoccupied. If a bat roost is found within an area where trees are to be removed or within the 100 foot buffer area around the area where trees are to be removed, outside of the bat maternity season,then the site will be marked and construction within 100 feet from the roosting tree will be delayed until a qualified biologist can perform exclusion activities and/or the tree is determined unoccupied. Prior to performing bat exclusion activities, the qualified biologist will prepare an exclusion plan and obtain CDFW approval. Additional conditions required by responsible agencies will also be implemented as necessary. b. Findings—With implementation of Mitigation Measure BIO-2, impacts to mammals would be less than significant. c. Supportive Evidence—Please refer to pages 4.4-26 through 44-28 of the Final EIR. 3. Impact BIO 3. The proposed project and off-site infrastructure alignments have the potential to have direct and indirect adverse effects on special status reptile species. This impact would be Class II,significant but mitigable. a. Mitigation— BIO-3 Reptiles and Amphibians. Prior to development within areas that have ponds or slow moving water with basking sites the project proponent shall implement the following measures to protect western pond turtle and western spadefoot toad. Western Spadefoot Toad. Prior to construction, the applicant will retain a qualified biologist to present a Worker Environmental Awareness Program. The program shall provide construction workers, contractors, and subcontractors with information on their responsibilities with regard to sensitive biological resources. Although western spadefoot toads are not known to occur on the site, suitable habitat is present and toads could have been previously undetected or move onto the site at any time. Thus, a pre-construction survey for the species is necessary to confirm its status (presence/absence)on the project site immediately prior to the onset of project construction. Therefore, the applicant shall retain a qualified biologist to conduct a pre-construction survey for the western spadefoot toad including the area within 50 feet of suitable habitat(vernal pools, Page 19 69 seasonal wetlands)a maximum of one week prior to construction. If a western spadefoot toad is found,the biologist shall move it to suitable habitat in a safe location outside of the construction zone. In the event that a western spadefoot toad is observed within an active construction zone, the contractor shall temporarily halt construction activities until a biologist has moved the toad to a safe location outside of the construction zone, within similar habitat. In addition,the applicant shall implement Mitigation Measure BIO-6a and regulatory requirements discussed in Section 4.9, Hydrology and Water Quality to minimize water quality impacts and mitigate for potential indirect impacts to western spadefoot toads resulting from storm-water management, sedimentation, and accidental spills during construction. Northwestern Pond Turtle. Because turtles may move into and out of the project site at any time, a pre-construction survey for the species is necessary to confirm its status (presence/absence)on the site immediately prior to the onset of project construction.Therefore, the applicant shall retain a qualified biologist to conduct a minimum of one survey of the project site for pond turtles and their nests. The survey shall occur in areas within and directly adjacent to suitable habitat (slow moving, stagnant or ponded water)as accessible. The survey shall be conducted a maximum of one week prior to construction. If a pond turtle is found within a construction impact zone,the biologist shall move it to a safe location within similar habitat. If a pond turtle nest is found, the biologist shall flag the site and determine if construction activities can avoid impacting the nest. If the nest cannot be avoided, it will be excavated and re-buried at a suitable location outside of the construction impact zone by a qualified biologist. In the event that a pond turtle is observed within an active construction zone, the contractor shall temporarily halt in-stream construction activities until the individual has been moved to a safe location outside of the construction zone, within similar habitat. In addition,the applicant shall implement the mitigation measures described in the Hydrology and Water Quality Section to avoid potential impacts to water quality due to trenching activities. In addition, the applicant shall implement Mitigation Measure BIO-6a and regulatory requirements discussed in Section 4.9, Hydrology and Water Quality to minimize water quality impacts and mitigate for potential indirect impacts to western spadefoot toads resulting from storm-water management, sedimentation, and accidental spills during construction. Page 20 70 Additional conditions required by responsible agencies will also be implemented as necessary. b. Findings—With implementation of Mitigation Measure BIO-3, impacts to special status reptile species would be less than significant. c. Supporting Evidence—Please refer to pages 4.4-28 through 4.4-31 of the Final EIR 4. Impact BIO 4. The proposed project and any off-site infrastructure alignments have the potential to have direct and indirect adverse effects on special status plant species. This impact would be Class II, significant but mitigable. a. Mitigation— BIO-4 Plants. Protocol-level floral surveys have been completed over the project site and the majority of the off-site infrastructure areas, and the project has been designed to avoid known populations of federal and/or state listed plant species to the extent feasible. Prior to final project design, protocol-level floral surveys shall be conducted in the un- surveyed portions of the study areas containing habitat suitable for slender orcutt grass, Ahart's dwarf rush and recurved larkspur(e-g., vernal pools and annual grassland). Surveys shall be conducted during the blooming periods for these species to determine (1) if the species occur and(2)the quality, location, and extent of any populations. If any of these species are found, and occur within 250 feet of proposed construction, the project will be redesigned to avoid the population(s) to the maximum extent practicable. For those populations to be fully avoided, the following measures shall be implemented: 1. During the planning stages of the project, the known populations of slender orcutt grass, Ahart's dwarf rush and recurved larkspur in the project area will be included in the engineering drawings and all construction activities will be conducted so as to avoid the populations. Complete avoidance of direct and indirect impacts would be attained by maintaining a 250-foot buffer around the known populations. However, a smaller buffer may be used if detailed topographic information shows that the local hydrology drains away from the wetlands and plants in question. 2. Prior to the start of construction activities within the project area, exclusionary fencing shall be erected around the buffer zones of the populations that will be completely avoided. If necessary, a qualified botanist shall be present to assist with locating populations of slender orcutt grass,Ahart's dwarf rush and recurved larkspur. The exclusionary fencing shall be periodically inspected throughout each period of construction and be repaired as necessary. All pedestrian and vehicular entry into the completely avoided areas delineated by the fencing shall be prohibited during construction. Page 21 71 3. To protect completely avoided populations from impacts associated with project operations and secondary impacts due to human access,those populations and their buffer zones within the core facilities area will be included within an Open Space easement to be maintained in perpetuity. Additional measures to protect these avoided populations from impacts associated with project operations will be included in the OMP for the Specific Plan area. Such measures will include, but are not limited to, fencing of known populations and/or erecting signs that direct the public to keep out of sensitive features. If complete avoidance of a population of these federally, state or CNPS listed plant species is not feasible,then a species-specific determination will be made by CDFW for state only listed species and by CDFW and USFWS for jointly listed species and the County and CDFW for CNPS listed species as to the appropriate mitigation measures to be employed. These measures will likely include habitat preservation at a ratio of 2:1 (mitigation area to impacted area).Note that preservation requirements are not additive for each species present(i.e., an area occupied by one listed-plant species requires the same amount of habitat preservation as an equivalent area occupied by two or more listed plant species). Prior to impacting a state listed species,the project proponent will need to obtain an incidental take permit pursuant to Fish and Game Code Section 2081(b). For jointly listed plant species CDFW may issue a consistency determination pursuant to Fish and Game Code Section 2080.1 provided that the terms of the federal biological opinion and/or incidental take statement will minimize and fully mitigate the impacts of the taking. Restoration and protection of habitat shall be the focus of mitigation efforts for impacts to listed plant species; however, mitigation measures may also include salvaging the seeds of the plants with subsequent replanting in nearby suitable habitat. A detailed restoration and monitoring plan will be developed by a qualified botanist and will contain, at a minimum,the following information: 1. Location of areas on-or off-site to restore plant populations. 2. A description of the propagation and planting techniques to be employed in the restoration effort. 3. A timetable for implementation of the restoration plan. 4. A monitoring plan and performance criteria. 5. A description of remedial measures to be performed in the event that initial restoration measures are unsuccessful in meeting the performance criteria. 6. A description of site maintenance activities to occur after restoration activities (e.g., weed control, irrigation, and control of herbivory by livestock and wildlife). Additional permitting conditions required by regulatory agencies will also be implemented as necessary. Page 22 72 b. Findings—With impelmentation of Mitigation Measure BIO-4, impacts to special status plant species would be less than significant. c. Supporting Evidence—Please refer to pages 4.4-31 through 4.4-34 of the Final EIR 5. Impact BIO 5. The project site and off-site infrastructure alignments have the potential to have direct and indirect adverse effects on special status bird species. This impact would be Class II,significant but mitigable. a. Mitigation— BIO-5(a) Migratory and Nesting Birds. If project construction activities occur during the nesting season for birds protected under the MBTA and CDFC (approximately March 1-August 31),the project proponent shall retain a qualified biologist to perform preconstruction surveys for nesting bird species. Surveys to identify active bird nests shall be conducted within and 250 feet around the footprint of proposed construction. At least two surveys shall be conducted no more than 15 days prior to the initiation of construction activities. Each survey shall be separated by 5 days. In the event that nesting raptors or birds protected by CDFC and MBTA are found in or within the footprint of proposed construction, the project proponent shall: 1. Locate and map the location of the nest site; 2. Establish a 250 feet no-disturbance buffer around all active nests; in the event bald eagles are found nesting in the survey area, a 1,000 foot no disturbance buffer shall be established; 3. Within 2 working days of the surveys prepare a report and submit to the County. The report will include the results of surveys, location(s) of nests, and location of no disturbance buffers-; 4. On-going weekly surveys shall be conducted to ensure that the no— disturbance buffer is maintained; 5. Construction can resume when a qualified biologist has confirmed that the nest is no longer active. BIO-5(b) Swainson's Hawk. If construction activities that result in vegetation and tree removal occur during the avian breeding seasons (March 1-August 21), then the applicant shall conduct pre-construction surveys to prevent impacts to nesting birds.No more than 15 days prior to the start of construction a migratory bird survey shall be conducted by a qualified biologist to identify any active nests within and 1,000 feet from proposed construction areas. If construction stops for a period of 15 days or more during the avian breeding season,then an additional survey shall be conducted to determine whether any active Swainson's hawk nests are located within the survey area. If active Swainson's hawk nests are identified, the biologist shall develop no-disturbance buffer zones of no less than 500 feet around active nests. Construction activity shall be prohibited with the no-disturbance buffer zones until Page 23 73 young have fledged.Nests shall be monitored at least twice per week and a report submitted to the County. Prior to construction activities that convert suitable Swainson's hawk foraging habitat to non-suitable habitat, an assessment of final impacts to foraging habitat based on the development plan and the proximity to active nest sites shall be conducted by a qualified biologist. The acreage of impacts to Swainson's hawk foraging habitat shall be used to calculate mitigation ratios per the CDFW's Staff Report Regarding Mitigation for Impacts to Swainson's hawks in the Central Valley of California(CDFW, 1994). CDFW states within this publication that "either the mitigation measures in the staff report may be used or project specific mitigation measures may be developed".Alternative project specific mitigation measures proposed by the Department Divisions/Regions or by project sponsors will be considered." The following measures are provided for consideration as mitigation options approved by CDFW should project specific impacts to Swainson's Hawk be identified during pre-construction surveys. According to the CDFW 1994 report, projects shall mitigate according to the following options based on the closest active Swainson's hawk nest. (a) Projects within 1 mile of an active nest tree shall provide: 1. One acre of Habitat Management(HM) land(at least 10%of the HM land requirements shall be met by fee title acquisition or a conservation easement allowing for the active management of the habitat, with the remaining 90%of the HM lands protected by a conservation easement [acceptable to the Department] on agricultural lands or other suitable habitats which provide foraging habitat for Swainson's hawk) for each acre of development authorized (1:1 ratio); or 2. One-half acre of HM land(all of the HM land requirements shall be met by fee title acquisition or a conservation easement [acceptable to the Department)which allows for the active management of the habitat for prey production on-the HM lands) for each acre of development authorized (0.5:1 ratio). (b)Projects within 5 miles of an active nest tree but greater than 1 mile from the nest tree shall provide 0.75 acres of HM land for each acre of urban development authorized(0.75:1 ratio). All HM lands protected under this requirement may be protected through fee title acquisition or conservation easement(acceptable to the Department)on agricultural lands or other suitable habitats which provide foraging habitat for Swainson's hawk. (c) Projects within 10 miles of an active nest tree but greater than 5 miles from an active nest tree shall provide 0.5 acres of HM land for each acre of urban development authorized(0.5:1 ratio). All HM lands protected under this requirement may be protected through fee title acquisition or a conservation easement(acceptable Page 24 74 to the Department) on agricultural lands or other suitable habitats which provide foraging habitat for Swainson's hawk. Management Authorization holders/project sponsors shall provide for the long- term management of the HM lands by funding a management endowment(the interest on which shall be used for managing the HM lands) at the rate of$400 per HM land acre (adjusted annually for inflation and varying interest rates). BIO-5(c) Western Burrowing Owls. Western burrowing owls were observed within the project site during biological surveys and there is suitable nesting habitat within both the project site and the off-site infrastructure areas. Therefore, protocol-level surveys for burrowing owls shall be conducted by a qualified biologist no less than 14 days prior to any soil-altering activity occurring within the project area and a surrounding area of potential effect(the area within approximately 250 feet of project boundaries). The surveys shall be conducted per CDFW guidelines. Pursuant to the CDFW's Staff Report of Burrowing Owls (2012), if no owls are found then no further mitigation will be warranted for the phase of the project that was surveyed unless construction is not initiated within 14 days of the detection surveys. If burrowing owls are found, consultation with, and authorization by, CDFW shall be required to determine site specific mitigation measures. Mitigation measures for burrowing owls, per the CDFW's staff report include avoidance,take avoidance, site surveillance, minimization, establishing buffers, burrow exclusion and closure for displacement, translocation, restoration of habitat and/or developing a mitigation lands management plan. b. Findings—With implementation of Mitigation Measures BIO-5 (a), (b) and(c), impacts to special status bird species would be less than significant. c. Supporting Evidence—Please refer to pages 4.4-34 through 4.4-39 of the Final EIR. 6. Impact BIO-6. The project site and off-site infrastructure alignments have the potential to have direct and indirect adverse effects on wetlands and other waters. This impact would be Class II,significant but mitigable. a. Mitigation— BIO-6(a) Wetland Delineation, Permits and Replacement. For off-site improvements, potential jurisdictional wetlands within the off-site infrastructure area as referenced above shall be delineated utilizing approved USACE methodologies to determine the nature and extent of each potential jurisdictional feature. The data will be compiled into a report and submitted to the USACE for a jurisdictional determination. Prior to construction,the project proponent shall either obtain appropriate permits from the USACE or a letter that states the areas are not jurisdictional pursuant to Section 404 of the Clean Water Act. Page 25 75 Further, a water quality certification should be obtained from the Regional Water Quality Control Board pursuant to Section 401 of the Clean Water Act for any grading or fill activity within wetlands or Other Waters of the U.S. The permitting and certification process required per Section 404 and Section 401 of the Clean Water Act would require the following: 1. Preparation of a formal wetland delineation by a qualified biologist utilizing methodologies accepted by the USACE to determine the location and extent of jurisdictional waters of the U.S. and State jurisdictional areas within the off-site infrastructure areas. 2. If jurisdictional waters would be affected by the proposed project, permits (i.e., Section 404 permit, 401 water quality certification or CDFW 1600 Streambed Alteration Agreement) would be obtained for impacts to riparian and vernal pool/wetland habitat. Permitting agencies will require a mitigation and monitoring plan be completed prior to permit issuance. The mitigation and monitoring plan shall include, but not be limited to the following components: a. Description of the project/impact site (i.e., location, responsible parties,jurisdictional areas to be filled/impacted by habitat type); b. Goal(s)of the compensatory mitigation project(type(s) and area(s))of habitat to be established, restored, enhanced, and/or preserved, specific functions and values of habitat type(s)to be established, restored, enhanced, and/or preserved; c. Description of the proposed compensatory mitigation-site(s) (mitigation bank, on-site mitigation, location and size, ownership status, existing functions and values of the compensatory mitigation-site); d. For mitigation proposed on-site,the plan will include a rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan; e. Monitoring plan for any compensatory mitigation proposed on- site; f. Completion of compensatory mitigation(notification of completion, agency confirmation); and g. Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism). Prior to obtaining land use clearance for construction of Phase I and subsequent phases,the applicant shall coordinate with the USACE, RWQCB, and CDFW regarding impacts to on- and off-site jurisdictional features associated with final project design.The County shall receive and review all required wetland permits from the USACE, RWQCB, and CDFW and County shall verify compliance on project plans. For all USACE or State jurisdictional wetlands that will be impacted during construction of Phase I or subsequent phases, prior to construction of any project phase or infrastructure, the applicant shall Page 26 76 submit the mitigation plan and a copy of the USACE 404 permit, RWQCB 401 water quality certification, and CDFW Streambed Alteration Agreement or written confirmation that a permit is not required to the Development Services Department for review and approval. If federal and state permits are not required for impacts to riparian and vernal pool/wetland habitat based on their hydrologic isolation, a mitigation plan shall be submitted to the County and approved prior to issuance of grading permits.All aspects of the plan shall be implemented by the applicant as approved by the Development Services Department. Additional permitting conditions required by regulatory agencies shall be implemented as appropriate and in accordance with permitting timelines. BIO-6(b) Wetland Avoidance During Construction. Prior to construction of Phase I improvements and subsequent phases,the project proponent shall use exclusionary fencing to mark the boundaries of intermittent creeks, riverine waters, wetlands, swales, and vernal pools that are to be avoided. The project proponent shall also mark the boundaries of all Waters of the U.S., including wetlands and vernal features, which are to be avoided. The exclusionary fencing shall be maintained in place throughout construction. All pedestrian and vehicular entry into areas delineated by the exclusionary fencing shall be prohibited during construction. Additional permitting conditions required by regulatory agencies may be required as a result of the permitting process. b. Findings—With implementation of Mitigation Measures BIO-6(a) and (b), impacts to wetlands and other waters would be less than significant. c. Supporting Evidence—Please refer to pages 4.4-39 through 4.4-43 of the Final EIR. 7. Impact BIO-7. The project site and off-site infrastructure alignments have the potential to have direct and indirect adverse effects on riparian habitat or sensitive natural communities. This impact would be Class II,significant but mitigable. a. Mitigation—Implementation of mitigation measures for impacts BIO-1, BIO-4, BIO-6 and BIO-10 would mitigate for impacts to Northern Hardpan Vernal Pool and Riparian habitats through avoidance, minimization, preservation and compensatory mitigation measures. b. Findings—With implementaiton of Mitigation Measures BIO-1, BIO-4, BIO-6 and BIO- 10, potential impacts to riparian habitat or sensitive natural communities would be less than significant. c. Supportive Evidence—Please refer to pages 4.4-43 through 4.4-44 of the Final EIR. Page 27 77 8. Impact BIO-10. Development under the proposed Specific Plan would impact mature trees and oak woodlands. This impact would be Class II, significant but mitigable. a. Mitigation— BIO-10(a) Oak Woodlands. Prior to the commencement of construction, the following oak woodland mitigation measures would be implemented to reduce impacts to oak woodlands to less than significant: The project proponent shall establish and record a permanent conservation easement encompassing 29 acres of oak woodland in the arroyo area of the project site. This would mitigate 50%(7.65 acres) of the 15.3 acres of oak woodland impacted by the proposed project. Contribute funds to the Oak Woodlands Conservation Fund, as established under subdivision(a)of Section 1363 of the Fish and Game Code, for the purpose of purchasing oak woodlands conservation easements, as specified under paragraph(1)of subdivision (d) of that section and the guidelines and criteria of the Wildlife Conservation Board. A project applicant that contributes funds under this paragraph shall not receive a grant from the Oak Woodlands Conservation Fund as part of the mitigation for the project. Contribution to the Oak Woodlands Conservation Fund would mitigate 7.65 of the total 15.3 acres of affected oak woodland not mitigated as part of the conservation easement. BIO-10(b) Oak Trees. All existing oak trees greater than 5 inches DBH proposed for retention or located along the conservation easement boundary, shall receive the following protection: • The location of all existing oak trees, including those proposed for removal, will be shown on a map. • This map should be used during the planning phase to minimize construction impacts. • A root zone protection for existing oaks will be established at a distance of 1.5 x drip line. • No construction activities, such as trenching, soil piling or staging of vehicles should be conducted within the root protection zone. If construction activities are needed within the zone, impacts should be minimized. Wood chips or 5/8 inch plywood may be placed over the affected root protection zone prior to work. Trenching should not impact more than 30-percent of the root protection zone. Severed roots should be cleanly cut with a sharp saw to reduce infection • A protective barrier shall be established around the root protection zone if construction activities are planned adjacent to the affect trees. • Existing oaks should not be defaced, damaged or severely pruned during construction. Page 28 78 • Irrigation systems or establishment of turf should be outside the root protection zone. • Heritage trees(oaks 24 inch DBH or greater and in good health) should be mapped and protected. b. Findings—With implementation of Mitigation Measures BIO-10 (a) and (b), impacts to mature trees and oak woodlands would be less than significant. c. Supportive Evidence—Please refer to pages 4.4-46 through 4.4-48 of the Final EIR. C. CULTURAL RESOURES (CLASS II) 1. Impact CR-l. Development of the project and the off-site infrastructure has the potential to result in a substantial adverse change in the significance of a historical resource. This impact would be Class II,significant but mitigable. a. Mitigation— CR-1(a) Notification of Archaeologist. If during excavation or earth moving activities, either within the project site or within the off-site infrastructure corridor, the construction contractor identifies potential historic or archaeological resources,the County or local jurisdiction would be notified and a professional archaeologist meeting the minimum qualifications in archaeology as set forth in the Secretary of the Interior's Standards and Guidelines will be contracted by the developer and dispatched to assess the nature and significance of the find in the following manner: • All excavation and/or grading within 10 feet of the discovery area shall cease immediately. The responding archaeologist may, after analyzing the discovery, authorize an alternate buffer around the materials to ensure adequate evaluation and protection of potential historic and/or archaeological resource(s)during continued construction operations. • Additional evaluation of the historic and/or archaeological resource(s) shall be conducted and significance of the materials determined. If the discovery is considered significant,the archaeologist shall develop and implement a late-discovery mitigation strategy in conjunction with the County, or responsible local agency, to minimize and/or avoid the impact, where appropriate. CR-1(b) Human Remains. If human remains are encountered during the construction of the project site or the off-site infrastructure corridor, California Health and Safety Code Section 7050.5 requires that all disturbance at the site cease immediately within a 100 foot radius of the discovery, the County Coroner be notified, and a determination of origin and disposition provided by the Coroner pursuant to Public Resource Code Section 5097.98. If the remains are determined to be Page 29 79 prehistoric, the Coroner will notify the Native American Heritage Commission(NAHC), which will determine and notify a Most Likely Descendant(MLD). With the permission of the landowner or his/her authorized representative,the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. CR-1(c) Note on Construction Plans. The County, or subsequent responsible local agency, Community Development and Public Works Departments shall require the inclusion of a note on all development and infrastructure project construction plans specifying that construction, excavation, and earthwork shall cease immediately if historical, archaeological, or paleontological resources are discovered to enable a professional archaeologist to assess, evaluate, and mitigate or avoid the potential impacts to resources as appropriate. b. Findings—With implementation of Mitigation Measures CR-1(a), (b) and(c), impacts to historic resources would be less than significant. c. Supportive Evidence—Please refer to pages 4.5-13 through 4.5-15 of the Final EIR. 2. Impact CR 2. Development of the project and the off-site infrastructure has the potential to result in a substantial adverse change in the significance of an archaeological resource. This impact would be Class II,significant but mitigable. a. Mitigation—Mitigation Measures CR-1(a), CR-1(b), and CR-1(c)would be implemented to minimize the potential for impacts to archaeological resources during the construction of the project and off-site infrastructure to reduce impacts to archaeological resources to less than significant. b. Findings—With implmentation of Mitigation Mitigation Measures CR-1(a), CR-1(b)and CR-1(c), impacts to archeaological resources would be less than significant. c. Supportive Evidence—Please refer to pages 4.5-15 through 4.5-16 of the Final EIR. 3. Impact CR 3. Development of the project and the off-site infrastructure has the potential to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. This impact would be Class II,significant but mitigable. a. Mitigation— CR-3 Qualified Paleontologist. In the event a fossil is discovered during any earthwork activities for the proposed project and installation of the off- site infrastructure, all construction within 100 feet of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Page 30 80 Paleontology standards. The paleontologist shall notify Butte County, or responsible local agency, to determine procedures to be followed before construction is allowed to resume at the location of the find. If the find is determined to be significant and the County determines that avoidance is not feasible,the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards. The plan shall be submitted to the local agency for review and approval. Upon approval, the plan shall be incorporated into the project. b. Findings—With implmentation of Mitigation Mitigation Measure CR-3, impacts to paleontological resources would be less than significant. c. Supportive Evidence—Please refer to pages 4.5-16 through 4.5-17 of the Final EIR. 4. Impact CR 4. Development of the project and the off-site infrastructure has the potential to disturb human remains, including those interred outside of formal cemeteries. This impact would be Class II, significant but mitigable. a. Mitigation—Mitigation Measure CR-1(b) (i.e., Section 7050.5 of the California Health and Safety Code)will be implemented to reduce potential impacts to buried human remains during the construction of the project and off-site infrastructure. b. Findings—With implmentation of Mitigation Mitigation Measure CR-1(b), impacts to paleontological resources would be less than significant. c. Supportive Evidence—Please refer to page 4.5-17 of the Final EIR. E. GEOLOGY AND SOILS (CLASS II) 1. Impact GEO-1. Seismically-induced ground shaking could damage structures in the proposed Specific Plan Area, resulting in loss of property and risk to human health. However, with implementation of State-mandated building standards, as well as mitigation measures contained in the geohazard and geotechnical reports, impacts would be Class II,significant but mitigable. a. Mitigation— GEO-1 All project construction carried out as part of the proposed Specific Plan shall comply with the California Building Code in effect at the time of construction, as well as the recommendations contained in report entitled Preliminary Geotechnical Investigation Rio d'Oro Pacific Heights Road& Hwy. 70 Oroville, California completed on July 31, 2008 by Neil O. Anderson & Associates, Inc. and any subsequent report addendums. b. Findings—With implmentation of Mitigation Mitigation Measure GEO-1, impacts related to seismic events would be less than significant. Page 31 81 c. Supportive Evidence—Please refer to pages 4.6-13 through 4.6-14 of the Final EIR. 2. Impact GEO-3. While the Specific Plan area is not located on highly unstable geologic unit or unstable soils, including expansive soils,proper soils engineering practices would be required to ensure that soil conditions would not significantly impact the proposed project. With required implementation of standard engineering practices, impacts associated with unstable or expansive soils would be a Class II,significant but mitigable. a. Mitigation— GEO-3(a) Adherence to Geotechnical Report.All recommendations contained in the Specific Plan geotechnical report (Neil O. Anderson & Associates, 2008) shall be agreed to by the developer of individual projects carried out under the Specific Plan prior to issuance of grading permits, and subsequently carried out by the developer and monitored by a qualified geotechnical engineer. GEO-3(b) Further Geotechnical Studies. In compliance with Butte County General Plan 2030 Policy HS-P9.1, further geotechnical study for specific sites or phases to be developed under the Specific Plan shall be performed and their recommendations carried out by project developers if determined to be necessary by Butte County. b. Findings—With implmentation of Mitigation Mitigation Measure GEO-3(a)and(b), impacts related to unstable soils would be less than significant. c. Supportive Evidence—Please refer to pages 4.6-16 through 4.6-18 of the Final EIR. F. HAZARDS AND HAZARDOUS MATERIALS (CLASS II) 1. Impact HAZ-1. The proposed Specific Plan would involve development of residential, commercial, public service, and school uses. These uses would not routinely use,transport, or store hazardous materials. However, because specific commercial uses have not been defined, it is possible that hazardous materials could be used or stored on-site. This impact would be a Class II,significant but mitigable. a. Mitigation— HAZ-1 At the County's discretion, project-specific environmental review shall be performed on development applications that may involve the routine use, transport, or storage of hazardous materials to evaluate potential hazardous materials impacts associated with that use. b. Findings—With implementation of Mitigation Mitigation Measure HAZ-1, impacts related to the use,transport or storage of hazardous materials would be less than significant. Page 32 82 c. Supportive Evidence—Please refer to page 4.8-14 of the Final EIR. 2. Impact HAZ-3. Construction and operation of the project would involve the use of small amounts of chemicals that may be considered hazardous, as well as the potential for release of contaminated soils into the environment or exposure to contaminated groundwater. This impact would be Class II, significant but mitigable. a. Mitigation— HAZ-3(a) The construction contractor for any construction project to be carried out under the proposed Specific Plan will prepare a Hazardous Materials Management Plan to identify chemicals and/or hazardous materials that will used during construction and methods that will be implemented to contain and remediate spills or accidental release. Butte County as the lead agency will have approval, monitoring and enforcement authority over the Hazardous Materials Management Plan. The content of this Plan will be consistent with the requirements within Chapter 6.95 of the California Health and Safety Code, Title 19 of the California Code of Regulations and the United States Environmental Protection Agency Superfund Amendments and Reauthorization Act Title III for emergency response to a release or threatened release of a hazardous material within Butte County. HAZ-3(b) If groundwater is to be used for any purpose (i.e., irrigation), groundwater monitoring wells shall be installed and testing performed consistent with State Water Resources Control Board requirements and other applicable standards as defined by the Department of Toxic Substance Control and Butte County Department of Public Health Groundwater Monitoring Policy and Procedure (November 5, 2008)to ensure that constituents do not exceed applicable standards intended to maintain public health and safety. b. Findings—With implementation of Mitigation Mitigation Measure HAZ-1, impacts related to the use, transport or storage of hazardous materials would be less than significant. c. Supportive Evidence—Please refer to pages 4.8-16 through 4.8-18 of the Final EIR. 3. Impact HAZ-4. The proposed Specific Plan includes an elementary school site. However, there are no facilities or sites located within 1/4 mile of the proposed school site listed as a facility that generate or store hazardous waste materials, and the site is not listed on a list of hazardous materials sites compiled pursuant to California Government Code Section 65962.5. Existing regulations and mitigation measures already included in this EIR would also address this impact. This impact would be a Class II, significant but mitigable. a. Mitigation—Mitigation Measure HAZ-3(a) shall be implemented to reduce impacts related to the spill or release of hazardous chemicals or materials within one-quarter mile of an existing or proposed school. Page 33 83 b. Findings—With implementation of Mitigation Mitigation Measure HAZ-1, impacts related to the use,transport or storage of hazardous materials within I/4 mile of a school would be less than significant. c. Supportive Evidence—Please refer to pages 4.8-18 of the Final EIR. G. NOISE (CLASS II) 1. Impact N-5.Additional traffic volumes and associated noise generated by development under the Specific Plan may expose future receptors within the Specific Plan area to noise levels that would exceed County standards. This impact would be Class II, significant but mitigable a. Mitigation— N-5 Acoustical Analysis and Design Mitigation. Butte County Development Services shall determine during review of each development phase, whether supplemental project specific noise analyses are warranted shall require the incorporation of noise reduction measures into the project design to assure that exterior and interior noise level standards of the County are achieved.Noise reduction measures may include (but would not be limited to): • Sound barriers, including sound walls.To avoid secondary aesthetic impacts, long expanses of walls or fences shall be interrupted with offsets and provided with accents to prevent monotony. Landscape pockets and pedestrian access through walls should be provided. Whenever possible, a combination of elements shall be used, including solid fences, walls, and, landscaped berms; • Site layout, including setbacks, open space separation and shielding of noise sensitive uses with non-noise-sensitive uses; • Roof and attic vents facing away from the nearest roadway; • Air conditioning or a mechanical ventilation system that will allow doors and windows to remain closed; • Double-paned glass on all windows; • Windows and sliding glass doors mounted in low air infiltration rate frames; • Solid core exterior doors with perimeter weather stripping and threshold seals; and • Acoustically insulated building wall construction. b. Findings—With implementation of Mitigation Mitigation Measure N-5, impacts related to long term traffic noise would be less than significant. c. Supportive Evidence—Please refer to pages 4.11-13 through 4.11-15 of the Final EIR. Page 34 84 H. TRAFFIC, CIRCULATION,AND ACCESS (CLASS II) 1. Impact T-1. Traffic generated by buildout of Phase I of the proposed Specific Plan when added to short term future conditions would result in levels of service that exceed County thresholds at one intersection. Impacts would be Class II,significant but mitigable. a. Mitigation— T-1 SR 70/Welsh Road/Palermo Road Intersection. The project proponents shall be responsible for contributing a fair share to the cost of signalizing the SR 70/Palermo Road intersection. Because available evidence suggests that traffic signal warrants may not be satisfied until Phase I is built out,traffic volumes shall be monitored annually by Caltrans at the intersection as occupancy of Phase I proceeds, and a traffic signal shall be installed when deemed warranted and agreed to by the applicant, Butte County and Caltrans.No subsequent phase of Rio d'Oro shall proceed before the traffic signal is installed. b. Findings—With implementation of Mitigation Mitigation Measure T-1, impacts at the SR 70/Welsh Road/Palermo Road intersection would be less than significant. c. Supportive Evidence—Please refer to pages 4.14-15 through 4.14-18 of the Final EIR. Page 35 85 V. FINDINGS FOR IMPACTS THAT ARE SIGNIFICANT AND UNAVOIDABLE(Class I) The Butte County Board of Supervisors hereby finds that mitigation measures identified in the EIR will lessen the following significant environmental impacts but not to a less than significant level. These findings are based on the discussion of impacts in the detailed issue area analyses in Section 4.0 of the EIR as well as relevant responses to comments in the Final EIR. The findings below are for Class I impacts, where implementation of the project may result in the following significant, unavoidable environmental impacts: A. AESTHETICS (CLASS I) 1. Impact AES-3. The scale of development facilitated by the Specific Plan would alter the rural character of the project site and surrounding environment. Despite the proposed preservation of the arroyos, mature oak trees, and the parcel southeast of SR 70, impacts to visual character would be Class I, significant and unavoidable. a. Mitigation—No feasible mitigation would reduce impacts to below a level of significance. b. Findings—Despite the proposed preservation of the arroyos, mature oak trees, and the parcel southeast of SR 70, impacts to visual character would be Class I, significant and unavoidable. c. Supportive Evidence—Please refer to pages 4.1-12 through 4.1-18 of the Final EIR. B. AIR QUALITY (CLASS I) 2. Impact AQ-3. With full buildout of the proposed Specific Plan, operational emissions of ROG,NOx, and PM10 would exceed BCAQMD's daily thresholds. While the Specific Plan has a number of design features that would reduce emissions, no feasible mitigation is available that would reduce impacts to a less than significant level. Therefore, air quality impacts would be Class I, significant and unavoidable. a. Mitigation—No feasible mitigation would reduce impacts to below a level of significance. b. Findings—No feasible mitigation is available that would reduce impacts to less than significant. Therefore, impacts to air quality would be significant and unavoidable. c. Supportive Evidence—Please refer to pages 4.3-11 through 4.3-12 of the Final EIR. C. TRAFFIC,CIRCULATION,AND ACCESS(CLASS I) 1. Impact T-2. Traffic generated by buildout of the proposed Specific Plan when added to cumulative future conditions (2030)would result in levels of service that exceed County thresholds at six intersections and five roadway segments. Impacts would be Class I, significant and unavoidable. Page 36 86 a. Mitigation— T-2(a) SR 70/Georgia Pacific Way intersection. Rio d'Oro should contribute its fair share to the cost of a grade-separated interchange or overcrossing. T-2(b) SR 70/Ophir Road and Pacific Heights Road/Ophir Road intersections. Rio d'Oro should contribute a fair share contribution to the cost of constructing a grade separated interchange at SR 70/Ophir Road and realignment of Pacific Heights Road. T-2(c) Ophir Road/Lincoln Blvd intersection. Rio d'Oro should be responsible for a fair share contribution to the cost of constructing a second westbound through lane and a second eastbound left turn lane. T-2(d) SR 70/Welsh Road /Palermo Road intersection. Rio d'Oro should be responsible for a fair share contribution to the cost of a traffic signal with auxiliary turn lanes (separate left turn lanes on each approach and separate right turn lane on the SR 70 approaches). T-2(e) Ophir Road from Baggett Marysville Road to Lincoln Blvd. Rio d'Oro should make a fair share contribution to the cost of widening Ophir Road to four lanes. b. Findings— Intersections • SR 70/Georgia Pacific Way: With a grade-separated interchange or overcrossing in Mitigation Measure T-2(a), AM peak hour LOS would be reduced to a LOS D. However, PM peak hour LOS would remain LOS F. Further, funding for this interchange is not included in any adopted mechanism, nor has any environmental work been completed by Caltrans to confirm the feasibility of an interchange or overcrossing at this intersection. Because there is no guarantee that an interchange or overcrossing will be developed at this location, this impact would remain significant and unavoidable. • SR 70/Ophir Road and Pacific Heights Road/Ophir Road: With a grade separated interchange the SR 70/Ophir Road interchange would operate at acceptable LOS standards. However, because there is no adopted mechanism for funding the balance of the construction cost for a grade separated interchange,this impact would remain significant and unavoidable. • Ophir Road/Lincoln Boulevard: With Mitigation Measure T-2(c), the intersection would operate an acceptable LOS D. However, because there is no adopted mechanism for funding the balance of the construction cost of intersection improvements, there is no guarantee that these improvements will be constructed, and this impact would remain significant and unavoidable. Page 37 87 • SR 70/Welsh Road/Palermo Road: A traffic signal with auxiliary turn lanes(separate left turn lanes on each approach and separate right turn lane on the SR 70 approaches)with Mitigation Measure T-2(d)would deliver an acceptable LOS C. Because there is no adopted mechanism for funding the balance of the construction cost of intersection improvements,there is no guarantee that these improvements will be constructed, and this impact would remain significant and unavoidable. Roadway Segments As mentioned, no feasible mitigation measures exist for the SR 162 (Oro Dam Road) from SR 70 to Feather River Boulevard segment. Therefore, impacts at this segment would remain significant and unavoidable. Ophir Road from Pacific Heights Road to SR 70 and Pacific Heights Road from the Rio d'Oro access to Ophir Road. Implementation of Mitigation Measure T-2(b)would deliver LOS C. However,because there is no adopted mechanism for funding the balance of the construction cost of a grade separated SR 70/Ophir Road interchange;this impact would remain significant and unavoidable. Ophir Road from Baggett Marysville Road to Lincoln Boulevard.With implementation of Mitigation Measure T-2(e),this segment would operate at LOS C which is within County requirements. Because there is no adopted mechanism for funding the balance of the construction cost for widening Ophir Road to 4 lanes,there is no guarantee that this mitigation will be constructed;thus,this impact is significant and unavoidable. SR 70 from Ophir Road north to existing controlled access freeway south of SR 162: A four lane SR 70 expressway would operate at a LOS E.However,creating a controlled access freeway requires grade separations at SR 70/Georgia Pacific Way and SR 70/Ophir Road discussed in Mitigation Measures T-2(a)and T-2(b). As noted,there are no adopted funding mechanisms for T-2(a)and T-2(b).Therefore,impacts would remain significant and unavoidable. c. Supportive Evidence—Please refer to pages 4.14-18 through 4.14-23 of the Final EIR. Page 38 88 VI.FINDINGS REGARDING ALTERNATIVES A. LEGAL REQUIREMENTS FOR ALTERNATIVES Public Resources Code § 21002 provides that"public agencies should not approve projects as proposed if there are feasible alternatives...which would substantially lessen he significant environmental effects of such projects.""Feasible"means "capable of being accomplished in a reasonable period of time taking into account economic, environmental, legal, social, and technological factors" (CEQA Guidelines § 15364). The concept of feasibility also encompasses whether a particular alternative promotes the Project's underlying goals and objectives, and whether an alternative is impractical or undesirable from a policy standpoint. (See City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410; California Native Plant Society v. City of Santa Cruz(2009) 177 Cal.App.4th 957.) The issue of alternatives feasibility arises twice in the CEQA process, once when the EIR is prepared, and again when CEQA findings are adopted. When assessing feasibility in an EIR, the EIR preparer evaluates whether an alternative is"potentially" feasible. Potentially feasible alternatives are suggestions by the EIR preparers which may or may not be adopted by lead agency decision makers. When CEQA findings are made after EIR certification,the lead agency decision making body independently evaluates whether the alternatives are actually feasible, including whether an alternative is impractical or undesirable from a policy standpoint. (See California Native Plant Society v. City of Santa Cruz(2009) 177 Cal.App.4th 957.) If a significant impact can be substantially lessened(i.e., mitigated to a less than significant level) by adoption of mitigation measures, lead agency findings need not consider the feasibility of alternatives to reduce that impact. (See Laurel Hills Homeowners Association v. City Council(1978) 83 Cal.App.3d 515.)Nevertheless, Chapter 6 of the Project EIR and these Findings of Fact do consider the ability of potentially feasible alternatives to substantially reduce all of the Project's significant impacts, even those impacts reduced to less than significant through adoption of mitigation measures. An EIR must only evaluate reasonable alternatives to a project that could feasibly attain most of the project objectives and evaluate the comparative merits of the alternatives (CEQA Guidelines § 15126.6(a)). In all cases, the consideration of alternatives is to be judged against a rule of reason. The lead agency is not required to choose the environmentally superior alternative identified in the EIR if the alternative does not provide substantial advantages over the proposed Project; and (1)through the imposition of mitigation measures the environmental effects of a project can be reduced to an acceptable level, or(2)there are social, economic, technological, or other considerations that make the alternative infeasible. (Pub. Res. Code §§21002, 21002.1; CEQA Guidelines §15092.) The proposed Rio d'Oro Specific Plan alternatives were selected for review in the EIR because of their potential to avoid or substantially lessen project impacts, or because they were required under CEQA Guidelines (e.g., the No Project alternative). The project and alternatives are described in more detail in Chapter 6 of the Rio d'Oro Final EIR and Appendices thereto. The four alternatives considered for the proposed Rio d'Oro Specific Plan are: Alternative 1, the"No Project" alternative, which assumes the proposed Specific Plan would not be implemented and development on the site would occur as allowed per General Plan 2030; Alternative 2: 50%Density Reduction Alternative, which would include development of one-half the number of residential units Page 39 89 and commercial square footage as the proposed project;Alternative 3: Two-Thirds Size Alternative which would consist of 2/3 the number of residential units and commercial square footage as the proposed project; and Alternative 4:Alternative Wastewater Reclamation Facility which includes development of an on-site wastewater treatment facility as an alternative to construction and operation of off-site wastewater conveyance infrastructure. Alternatives 1 would be environmentally superior to the proposed Rio d'Oro Specific Plan. However, the first three alternatives are rejected and the On-Site Wastewater Reclamation Facility Alternative is not considered to create impacts that are greater or different from the proposed project for the following reasons: Findings on Alternatives • No Project Alternative. The No Project Alternative assumes that the proposed Specific Plan would not be implemented. However, implementation of the No Project alternative would not preclude future development that is consistent with existing zoning designations. The site is currently zoned Agriculture - 80 (AG-80) west of SR 70 which specifies a minimum 80-acre parcel size. The Specific Plan area to the east of SR 70 is zoned Resource Conservation. Under this alternative, future development would be consistent with the existing zoning; and thus, would not include the elements of the Specific Plan that comprise the proposed Specific Plan(including up to 2,700 residential units, 248,000 square feet of non-residential uses and approximately 35.4 acres of parks). Rather,the area west of SR 70 could be developed with up to six rural residences (approximately 80-acres per parcel) and agricultural uses on the approximately 525 acres.The entire area east of SR 70 (approximately 164 acres)would remain undeveloped and in an environmental conservation area. This would include the portion at the northeast corner of the SR 70/Palermo Road intersection that under the proposed Specific Plan is designated for use as a Public Safety Station and Highway Commercial. The No Project Alternative is rejected because it would not meet the basic project objectives. Project objectives are listed on pages 2-25 through 2-26 of the Final EIR. • 50% Density Reduction Alternative. This alternative would be similar to the proposed Specific Plan in that it would provide a mix of residential, commercial, public facilities, recreational, and conservation/open space areas, but the scale of physical development would be reduced by approximately 50%. Under this alternative,the maximum number of residential units would be approximately 1,350 and commercial/retail and highway services development would be limited to approximately 124,000 square feet(sf). The area designated public facilities (approximately 25 acres for a school site, police/fire substation, advanced wastewater treatment plant, and stormwater detention basin)and the total acreage of parks(approximately 35.4 acres)would remain the same but the total acreage of open space areas would increase in comparison to the proposed Specific Plan as approximately 50%more of the Specific Plan area would be undeveloped. This alternative would reduce Impact AES-3; however, it is assumed that some impact to the arroyos, mature oak trees, and the parcel southeast of SR 70 would still occur. Thus, impacts to visual character would remain Class I,significant and unavoidable. Page 40 90 With respect to Impact AQ-3, this alternative would avoid significant and unavoidable impacts related to operational emissions for PMio,but for ROG and NOR, impacts would remain significant and unavoidable as emissions related to these two sources would be greater than BCAQMD threshold. Operational impacts would be reduced compared to the proposed Specific Plan; however, significant and unavoidable impact related to operational emissions for ROG and NOR would not be avoided. Regarding traffic,this alternative would not avoid the significant but mitigable impact related to construction of 200 units for Phase I of the proposed Specific Plan. Thus, Mitigation Measure T-1 would be required as development of up to 200 units under this alternative would result in the same impact as that of the proposed Specific Plan. This alternative would reduce impacts at six intersections and five roadway segments under the cumulative future conditions (2030). The mitigation measures identified for the proposed Specific Plan would be evaluated as part of a project specific traffic study prepared for this alternative if it is selected. This alternative is considered environmentally superior to the proposed project as discussed in Section 6.0 of the Draft EIR. However, this alternative does not provide substantial advantages over the proposed Project nor would it meet the applicant's economic objectives. For these reasons, this alternative was rejected. • Two-Thirds Density Alternative. Under the Two-thirds Size Alternative the Specific Plan area site would be developed with only 1,800 residences and 165,330 sf of commercial/retail and highway services compared to 2,700 residences and 248,000 sf of commercial/retail and highway services under the proposed Specific Plan. Because this alternative would increase open space by one-third compared to the Specific Plan, it would incrementally reduce impacts related to altering views of and through the project site compared to the proposed Specific Plan. This alternative would reduce Impact AES-3; however, it is assumed that some impact to the arroyos, mature oak trees, and the parcel southeast of SR 70 would still occur. Thus, impacts to visual character would remain Class I,significant and unavoidable. The reduction in air emissions would not reduce operational emissions to below BCAQMD thresholds for PMio, ROG and NOR. Thus, impact AQ-3 would remain significant and unavoidable as emissions would be greater than the BCAQMD threshold. This alternative would not avoid significant but mitigable impact related to construction of 200 units for Phase I of the proposed Specific Plan. Mitigation Measure T-1 would be required as development of the initial 200 units under this alternative would result in the same impact as the proposed Specific Plan. This alternative may avoid or reduce significant and unavoidable impact T-2 at six intersections and five roadway segments under the cumulative future conditions (2030). Mitigation measures identified for the proposed Specific Plan would likely be required for this alternative in some form as impacts would be significant. This alternative may reduce the level of significant and unavoidable adverse impacts associated with aesthetics, air quality and traffic; however, it does not provide substantial Page 41 91 advantages over the proposed project nor would it meet the applicant's economic objectives. For these reasons,this alternative was rejected. • On-Site Wastewater Reclamation Facility. As an alternative to conveying wastewater flow offsite to existing LOAPUD and SC-OR facilities, receiving secondary-treated wastewater from SC-OR, and constructing an onsite advanced wastewater reclamation facility treatment system, this alternative would construct and operate an onsite Wastewater Reclamation Facility(WRF)to serve the project. This alternative was included to potentially avoid off-site environmental impacts and related costs associated with construction of wastewater conveyance pipelines. These impacts were not considered significant. As noted in Section 6.0, implementation of this alternative is not expected to create impacts that are greater than or different from those identified in the Draft EIR. Potentially significant and unavoidable impacts to aesthetics, air quality and traffic would remain. This alternative is not rejected; rather should the applicant elect to pursue this option, impacts may be evaluated during subsequent environmental review as directed by Butte County Development Services Department. Page 42 92 VII. FINDINGS ON CUMULATIVE IMPACTS A. INTRODUCTION Chapter 4 of the EIR includes an analysis of both project-specific and cumulative impacts of the proposed project, as required by CEQA. This EIR is a Project EIR that analyzes the effects of cumulative buildout of the Rio d'Oro Specific Plan.The proposed project considers probable future projects included in the range of specific land use projects proposed for development within proximity to the Rio d'Oro site. The cumulative effects of all probable future projects are included in the analysis of the proposed project's impacts. In Chapter 4.0, thresholds of significance for cumulative impacts are the same as those for direct, project-specific impacts, as authorized by CEQA case law. (See Save Cuyama Valley v. County of Santa Barbara(2013) 213 Cal.App.4th 1059.) When project-specific impacts are judged to be significant,they also by definition are considered"cumulatively considerable" incremental contributions to significant cumulative impacts. (See CEQA Guidelines Section 15130(a).) Mitigation measures adopted for project-specific impacts in Sections IV and V of these findings also are feasible options for mitigating the proposed project's incremental contribution to significant cumulative effects. (See CEQA Guidelines Section 15130(b)(5).) B. FINDINGS FOR SIGNIFICANT CUMULATIVE IMPACTS FOR WHICH PROJECT'S INCREMENTAL CONTRIBUTION HAS BEEN MITIGATED TO LESS THAN SIGNIFICANT LEVELS (CLASS II IMPACTS) For the following impacts, the Butte County Board of Supervisors hereby finds that in Section IV of these findings, mitigation measures have been identified in the EIR that will avoid or substantially lessen the proposed project's incremental contribution to the following significant cumulative impacts to a less than significant(i.e., less than cumulatively considerable) level. The significant impacts and the mitigation measures that will reduce them to a less than significant level are as follows: • Impact AES-4; Mitigation Measures AES-4(a)-(b) • Impact BIO-1; Mitigation Measures BIO-1(a)-(b) • Impact BIO-2; Mitigation Measure B-2 • Impact BIO 3; Mitigation Measure BIO-3 • Impact BIO-4;Mitigation Measure BIO-4 • Impact BIO-5; Mitigation Measure BIO-5(a)-(c) • Impact BIO-6;Mitigation Measure BIO-6(a)-(b) • Impact BIO-7;Mitigation Measures BIO-1,BIO-4,BIO-6,BIO-10 • Impact BIO-10;Mitigation Measures BIO-10(a)-(b) • Impact CR-1; Mitigation Measures CR-1(a)-(c) • Impact CR-2; Mitigation Measures CR-1(a)-(c) • Impact CR-3; Mitigation Measures CR-3 • Impact CR-4; Mitigation Measure CR-1(b) • Impact GEO-1;Mitigation Measure GEO-1 • Impact GEO-3; Mitigation Measures GEO-3(a)-(b) • Impact HAZ-1;Mitigation Measure HAZ-1 • Impact HAZ-3;Mitigation Measure HAZ-3(a)-(b) Page 43 93 • Impact HAZ-4;Mitigation Measure HAZ-3(a) • Impact N-5; Mitigation Measure N-5 • Impact T-1;Mitigation Measure T-1 • Impact T-3; Mitigation Measure T-3 C. FINDINGS FOR SIGNIFICANT CUMULATIVE IMPACTS FOR WHICH PROJECT'S INCREMENTAL CONTRIBUTION HAS NOT BEEN MITIGATED TO LESS THAN SIGNIFICANT LEVELS (CLASS I IMPACTS) For the following impacts, the Butte County Board of Supervisors hereby finds that in Section V of these findings, mitigation measures have been identified in the EIR that will reduce the proposed project's incremental contribution to the following significant cumulative impacts, but not to less than significant (i.e., less than cumulatively considerable). The significant impacts and the mitigation measures are as follows: • Impact AES-3;No Mitigation Recommended • Impact AQ-3;No Mitigation Recommended • Impact T-2;Mitigation Measures T-2(a)-(e) Page 44 94 VIII. STATEMENT OF OVERRIDING CONSIDERATIONS The Butte County Board of Supervisors adopts and makes this statement of overriding considerations concerning the Project's unavoidable significant impacts to explain why the project's benefits override and outweigh its unavoidable impacts. The Environmental Impact Report(EIR)has identified and discussed significant effects that may occur as a result of the Project.As set forth in these CEQA Findings,Butte County has made a reasonable and good faith effort to eliminate or substantially mitigate the impacts resulting from the Project and has made specific findings on each of the project's significant impacts and on mitigation measures and alternatives.With implementation of the mitigation measures discussed in the EIR,most of the project'seffects can be mitigated to a level of less than significant.However,even with implementation of all feasible mitigation,the project will result in significant and unavoidable impacts as follows: 1. Implementation of the Rio d'Oro Specific Plan would alter the rural character of the project site and surrounding environment. Despite the proposed preservation of the arroyos, mature oak trees, and the parcel southeast of SR 70 (Impact AES-3); 2. Implementation of the Rio d'Oro Specific Plan would generate operational emissions of ROG, NOR,and PMio that would exceed BCAQMD's daily thresholds at full build out. (Impact AQ- 3); and 3. Implementation of the Rio d'Oro Specific Plan would generate traffic volumes at buildout that when added to cumulative future conditions(2030)would result in levels of service that exceed County thresholds at six intersections and five roadway segments(Impact T-3) Intersections • SR 70/Georgia Pacific Way: With a grade-separated interchange or overcrossing in Mitigation Measure T-2(a), AM peak hour LOS would be reduced to a LOS D. However, PM peak hour LOS would remain LOS F. Further, funding for this interchange is not included in any adopted mechanism, nor has any environmental work been completed by Caltrans to confirm the feasibility of an interchange or overcrossing at this intersection. Because there is no guarantee that an interchange or overcrossing will be developed at this location, this impact would remain significant and unavoidable. • SR 70/Ophir Road and Pacific Heights Road/Ophir Road: With a grade separated interchange the SR 70/Ophir Road interchange would operate at acceptable LOS standards. However, because there is no adopted mechanism for funding the balance of the construction cost for a grade separated interchange, this impact would remain significant and unavoidable. • Ophir Road/Lincoln Boulevard: With Mitigation Measure T-2(c), the intersection would operate an acceptable LOS D. However, because there is no adopted mechanism for funding the balance of the construction cost of intersection improvements,there is no guarantee that these improvements will be constructed, and this impact would remain significant and unavoidable. • SR 70/Welsh Road/Palermo Road: A traffic signal with auxiliary turn lanes (separate left turn Page 45 95 lanes on each approach and separate right turn lane on the SR 70 approaches)with Mitigation Measure T-2(d)would deliver an acceptable LOS C. Because there is no adopted mechanism for funding the balance of the construction cost of intersection improvements, there is no guarantee that these improvements will be constructed, and this impact would remain significant and unavoidable. Roadway Segments As mentioned, no feasible mitigation measures exist for the SR 162 (Oro Dam Road) from SR 70 to Feather River Boulevard segment. Therefore, impacts at this segment would remain significant and unavoidable. Ophir Road from Pacific Heights Road to SR 70 and Pacific Heights Road from the Rio d'Oro access to Ophir Road. Implementation of Mitigation Measure T-2(b)would deliver LOS C. However,because there is no adopted mechanism for funding the balance of the construction cost of a grade separated SR 70/Ophir Road interchange;this impact would remain significant and unavoidable. Ophir Road from Baggett Marysville Road to Lincoln Boulevard.With implementation of Mitigation Measure T-2(e),this segment would operate at LOS C which is within County requirements. Because there is no adopted mechanism for funding the balance of the construction cost for widening Ophir Road to 4 lanes,there is no guarantee that this mitigation will be constructed;thus,this impact is significant and unavoidable. SR 70 from Ophir Road north to existing controlled access freeway south of SR 162: A four lane SR 70 expressway would operate at a LOS E.However,creating a controlled access freeway requires grade separations at SR 70/Georgia Pacific Way and SR 70/Ophir Road discussed in Mitigation Measures T-2(a)and T-2(b). As noted,there are no adopted funding mechanisms for T-2(a)and T-2(b).Therefore,impacts would remain significant and unavoidable. In accordance with Section 15093 of the CEQA Guidelines,and having reduced the adverse significant environmental effects of the project to the extent feasible,having considered the entire administrative record on the project, and having weighed the benefits of the Project against its unavoidable adverse impacts after mitigation,the Board hereby finds that the following legal,economic,social,and environmental benefits of the project outweigh its unavoidable adverse impacts and render them acceptable based upon the following considerations. Each benefit set forth below constitutes an overriding consideration warranting approval of the project, independent of the other benefits,despite each and every unavoidable impact: a. Construction of the Rio d'Oro Specific Plan will result in both short-term and long-term economic benefits to Butte County and its residents with respect to construction and maintenance jobs and jobs related to the commercial designations in the Specific Plan; b. The projected housing growth that would be accommodated by the proposed project within unincorporated Butte County would be 3.9% in 2015 and 19.0% in 2035. The project would also contribute towards the County achieving its Page 46 96 Regional Housing Needs Plan housing production goals (see Final EIR Section 4.12); c. The project would provide fair share contribution to the construction of public utility and transportation infrastructure improvements that would benefit Butte County(see Final EIR Sections 2.0 and 4.14); d. The project will provide a diverse range of housing choices and commercial services that will increase Butte County's tax base; e. The project will conserve 246 acres within designated conservation/open space areas to protect natural resources. Page 47 97 IX. MITIGATION MONITORING AND REPORTING PROGRAM The Butte County Board of Supervisors finds that a Mitigation Monitoring and Reporting Program (MMRP) for the Rio d'Oro Specific Plan has been prepared for the project and has been adopted concurrently with these Findings (Public Resources Code, § 21081.6(a)(1)). The MMRP is described in the following sections. A. PURPOSE AND INTENDED USE OF THE MMRP The California Environmental Quality Act(CEQA)requires that an agency adopt a Mitigation Monitoring or Reporting Program (MMRP)prior to approving a project that includes mitigation measures. This MMRP has been prepared in compliance with the requirements of Section 21081.6 of the California Public Resources Code and Sections 15091(d)and 15097 of the CEQA Guidelines. The purpose of this MMRP is to ensure the mitigation measures adopted in the findings of fact for the Rio d'Oro Specific Plan are implemented, in accordance with CEQA requirements. The findings adopt feasible mitigation measures to reduce the significant environmental impacts of the Rio d'Oro Specific Plan. This MMRP clarifies the process for Butte County Development Services Department to ensure these mitigation measures are implemented, and designates responsibility for implementing, monitoring, and reporting mitigation. B. MITIGATION MEASURES ADOPTED WITH THE RIO D'ORO SPECIFIC PLAN The mitigation measures adopted in the Rio d'Oro Specific Plan EIR findings are listed in Sections III, IV, and V of these findings. Each mitigation measure identifies the parties responsible for implementation. C. ENFORCEMENT CEQA requires mitigation measures to be"fully enforceable"through the use of permit conditions, agreements, or other measures within each Lead Agency's authority (Public Resources Code 21081.6(b)). Butte County Development Services Department is responsible for assuring the mitigation measures it adopts are enforceable. D. IMPLEMENTATION AND REPORTING Butte County Development Services Department shall designate a staff person to serve as Coordinator for overall implementation and administration of this MMRP and its application to each phase of Rio d'Oro Specific Plan implementation.Mitigation measures will be programmed to occur at,or prior to,the following milestones: • During individual environmental review. These are measures that need to be considered during individual project-level environmental review of development phases subsequent to Phase I. These measures include requirements such as assessment of specific project level traffic impacts and measures to reduce impacts on cultural resources. • Prior to issuance of a grading permit. These are measures that need to be undertaken before earth moving activities begin. These measures include items such as staking the limits of Page 48 98 environmentally sensitive areas or vegetation to remain; confirming biological mitigation plans with resource agencies, and including pertinent design details in the project plans. • During project construction. These measures are those that need to occur as the project is being constructed.They include monitoring the construction site for the proper implementation of dust and emission controls, erosion controls, biological protection, and examining grading areas for the presence of cultural materials. • Following construction. These measures apply to project components that would go into effect at completion of the project construction phase, including items such as management or monitoring plans (e.g., revegetation, etc.). Page 49 99 Rio d'Oro Specific Plan EIR Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment. The mitigation monitoring and reporting program is designed to ensure compliance with adopted mitigation measures during project implementation. For each mitigation measure recommended in the Final Environmental Impact Report,specifications are made herein that identify the action required and the monitoring that must occur. 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U Q,m- -1:3 m U p m O= ca I.. w m 3 I— OU) m m m CL CL w E 2 lb • M • CO CO C) o °) L• V V d V C) .Q E O U eo d L a O 0 c 0.0 a o) 0¢ Of a C � ▪ C 0+ 7 O• N LL a1 C) M C C p a i Y •c w N o L a Qo 0 0 N o o 2 O 0 U O C 0 cr) > g 0 c CL C) Q c -0 0- >,O c6 f6 E N O N V C. m C 0 w 0 E is L C) 0 L a C) C 0 0. .13 d W C � l6 C N C c"C co U O C 0Q c O O O 0 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 1 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review LAND USE ELEMENT GOAL LU-1Continue to uphold and respect the Consistent. This goal is more specifically planning principles on which the County's land reviewed in the discussion of the policies below. use map is based. LU-P1.1 The County shall protect and conserve land Consistent.The project site is not cropland. The that is used for agricultural purposes, including project site has been used for grazing; however, the cropland and grazing land. General Plan designates the project site as Specific Plan to be Developed. LU-P1.3 The County shall minimize potential Consistent.The Specific Plan would locate conflicts between agricultural and urban uses. residential and commercial uses to the west of SR 70,with existing agricultural lands adjacent to the east of the highway. Nevertheless, as shown in Figure 4.2-4, a landscaped buffer and frontage area would separate future residential uses along the proposed East Loop Road from the highway. Further, an Environmental Conservation area would buffer most of the site's remaining frontage with SR 70.As discussed in Section 4.3,Agriculture,these project features would minimize conflicts between urban and agricultural uses. Further, as addressed in the Specific Plan and discussed in Section 4.2,Agriculture and Forestry Resources,the project would incorporate Butte County's Residential/Agricultural Buffer Implementation Guidelines as defined in Section 24- 286(c)(2)of the Butte County Code. LU-P1.6 The County shall conserve important Consistent.As discussed in Section 4.5, Biological habitat and watershed areas,while protecting the Resources,the Specific Plan would conserve public safety of County residents. riparian corridors and vernal pool and swale habitat that support federally listed vernal pool invertebrates and special-status plants.Wetlands on-site would be preserved to the extent feasible and any impacted wetlands would be mitigated to ensure no net loss of wetlands. Near the riparian corridors, recreational trails would include lighting for public safety and convenience. Lighting intensity would be minimized to avoid significant environmental impacts.Thus,the Specific Plan would conserve important habitat and wetland areas while protecting public safety. Goal LU-2 Provide for orderly, well-planned,and Consistent. This goal is more specifically balanced growth that maintains private property reviewed in the discussion of the policies below. rights. LU-P2.5 The County shall promote clustered Consistent.The Specific Plan would facilitate urban development in rural areas. development at varying densities to the west of SR 70 while conserving environmentally sensitive habitat throughout the project site. Goal LU-3 Create communities where there is a Consistent. This goal is more specifically sense of well-being where families and reviewed in the discussion of the policies below. neighbors can socialize,interact,and play. 139 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 2 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review LU-P3.2 Newly-developed neighborhoods shall Consistent.The Specific Plan has been designed to include parks and recreation facilities. Sidewalks, incorporate open space, parks and recreation bike paths,and other routes shall provide circulation facilities.Sidewalks, bike paths,trails provide to surrounding areas. circulation throughout the Specific Plan. Goal LU-4 Provide high-quality housing in a Consistent. This goal is more specifically range of residential densities and types. reviewed in the discussion of the policies below. LU-P4.2 Residentially-designated land with High Consistent. Residential densities within the Specific Density Residential and Very High Density Plan have been defined as specified in General Plan Residential land use designations shall be 2030. developed at or above the minimum density range. Goal LU-6 Provide adequate land for the Consistent. This goal is more specifically development of public and quasi-public uses,as reviewed in the discussion of the policies below. a means to provide necessary public services and facilities in support of existing and new residential,commercial,and industrial land uses. LU-P6.2 Specific Plans, Master Plans,Area Plans, Consistent.As discussed in Section 4.13, Public Neighborhood Plans or Planned Unit Developments Services,the Specific Plan would designate a 10- shall designate adequate, appropriately-located land acre site for construction of an elementary school. for County, special district,and school district This designation of land would be adequate to facilities. accommodate additional demand for school services generated by future residents.The details of the designation will be specified in the future Development Agreement between the applicant and Butte County. GOAL LU-7Promote public participation in the Consistent. This goal is more specifically County's planning processes. reviewed in the discussion of the policies below. LU-P7.1 Consideration of General Plan Consistent.The proposed project includes General amendments shall include broad public participation Plan amendment. Public and scoping meetings have through the use of public meetings, local groups, been held throughout the development process and questionnaires and other methods and notification of will continue through the CEQA process. affected property owners. LU-P7.3 Sponsors of new development projects Consistent.The project includes public outreach shall have early and frequent communication with through the CEQA process.This includes a scoping affected citizens and stakeholders. meeting, NOP public review and public meetings, Draft EIR public review,and a public hearing with the County elected officials. Goal LU-8 Promote development near existing Consistent. This goal is more specifically infrastructure and services,and within already- reviewed in the discussion of the policies below. developed areas. LU-P8.3 Applicants intending to develop sites Consistent.The project would include residential served by existing public facilities shall be development of various densities and a comparable encouraged to develop at the highest allowable mix of commercial uses. density and intensity. GOAL LU-9 Coordinate land development with Consistent. This goal is more specifically provision of new services and infrastructure reviewed in the discussion of the policies below. LU-P9.2 The County shall balance development Consistent.The traffic generated from the project densities with the traffic-carrying capacities of development is within the traffic-carrying capacities existing and proposed circulation plans. of existing and proposed circulation plans as outlined within the 2030 General Plan. 140 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 3 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review LU-P9.4 Applicants shall provide evidence of Consistent.Adequate water supplies are available adequate infrastructure capacity to serve the through SFW&P;SC-OR has indicated service projected buildout of proposed development capacity is available for wastewater treatment projects. LU-P9.5 New development projects shall provide Consistent.The project development is providing a their own infrastructure or tie in to existing stormwater system and infrastructure.Wastewater infrastructure as it is built. lines will be connected to existing LOAPUD or City of Oroville lines for wastewater collection.The project will tie into existing an SFWPA water line. LU-P9.6 Large development projects,as determined Consistent.The applicant is required to participate in by the Department of Development Services that public service funding programs to be stipulated in may not be served at adequate levels by existing the a future Development Agreement. pubic services(e.g. staffing,equipment and facilities)shall be subject to additional fiscal review before gaining full entitlements to develop.The applicant shall prepare a fiscal impact analysis that identifies any fiscal mitigation measures needed to ensure that the County will be able to maintain adequate service levels and fiscal sustainability. GOAL LU-10 Ensure that services and Consistent. This goal is more specifically infrastructure are adequately funded. reviewed in the discussion of the policies below. LU-P10.1 The County shall consider the creation of Consistent. Conditions of approval may require the additional assessment districts, county service areas development of Community Facilities Districts and/or and/or special districts to fund and manage new and participation in funding mechanisms for maintenance improved infrastructure. of facilities. LU-P10.2 New development projects shall pay their Consistent. County impact fees and service fees are fair share of public improvement costs for required when applicable, such as,the building countywide infrastructure,facilities, and services, permit stage of development. and shall fund needed infrastructure and facilities proportionately to the cost of providing infrastructure and services. LU-P10.4 Applicants for development projects Consistent. A Development Agreement request had requiring major discretionary approvals,as been filed with the Specific Plan application for determined by the Department of Development consideration by the County. County and applicant Services,shall negotiate development agreements have agreed that a development agreement with the County to ensure that the County's interests negotiation process is required prior to future will be protected.Terms of development agreements development entitlements. shall be negotiated on a case-bv-case basis and shall be commensurate with a project's anticipated impacts.All development agreements shall include sunset provisions if development projects do not proceed in a timely manner. Goal LU-15 Direct development to existing Inconsistent. This goal is more specifically urbanized areas. reviewed in the discussion of the policies below LU-P15.3 The County shall encourage efficient Inconsistent.The project is consistent with the urban infill development within municipal limits, Specific Plan to be Developed Overlay of General municipal spheres of influence, and existing Plan 2030 as a designated development area.The unincorporated communities where development project is not an Urban Infill project and cannot be can readily be served by public infrastructure served by readily available infrastructure. For this facilities. reason,the project is not consistent with LU-P15.3 141 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 4 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review HOUSING ELEMENT Goal H-1 Provide for the County's regional share Consistent. This goal is more specifically of new housing for all income groups and future reviewed in the discussion of the policies below. residents as identified in the Housing Needs Assessment. H-P1.2 Focus development in the unincorporated Consistent.The Specific Plan would contribute to areas of the spheres of influence of the cities to meeting the County's RHNA allocation by facilitating accommodate the County's housing allocation. the development of up to 2,700 housing units.As discussed above,the Specific Plan would focus such residential development within the proposed City of Oroville sphere of influence. Goal H-2 Encourage the provision of affordable Consistent. This goal is more specifically housing in the unincorporated area. reviewed in the discussion of the policies below. H-P2.1 Support the development of affordable Consistent.The Specific Plan would establish multi- housing in locations with adequate services and family housing in High Density and Very High transportation accessibility. Density Residential areas,which would be expected to offer more affordable housing to future residents. AGRICULTURE ELEMENT GOAL.AG-2 Protect Butte County's agricultural Consistent. This goal is more specifically lands from conversion to non-agricultural uses reviewed in the discussion of the policies below. AG-P2.3 Redesignation and rezoning of land Consistent.Although the proposed Specific Plan designated as Agriculture to an urban designation would involve redesignation and rezoning of land shall be allowed only when the applicant can designated as Agriculture to residential and demonstrate that the following criteria are met and commercial uses,these criteria would not apply mitigated: because the project site is within a Specific Plans to be Developed overlay in which urban development is a.The lot(s)for which conversion is requested is planned. adjacent to uses other than agriculture or agricultural support uses(e.g. receiving plants, hulling plants). b.The conversion will not be detrimental to existing agricultural operations. c.The conversion land is adjacent to existing urban infrastructure and conversion will constitute a logical contiguous extension of a designated urban area. d. No feasible alternative exists that is less detrimental to agriculture. e. Full mitigation of impacts to the extent allowed under the law is provided, including, but not limited to, roads,drainage,schools,fire protection, law enforcement, recreation,sewage and lighting. WATER RESOURCES ELEMENT GOAL W-1 Maintain and enhance water quality. Consistent. This goal is more specifically reviewed in the discussion of the policies below. W-P1.1 County planning and programs shall be Consistent.The County will circulate all integrated with other watershed planning efforts, environmental documents for review by the including best management practices, guidelines CVRWQCB. and policies of the Central Valley Regional Water Quality Control Board(CVRWQCB). 142 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 5 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review W-P1.4 Where appropriate, new development shall Consistent.The proposed project includes a be Low Impact Development(LID)that minimizes comprehensive system of storm drain pipes, inlets impervious area, minimizes runoff and pollution and and outlets,swales, and basins that are designed to incorporates best management practices. minimize runoff and pollution. GOAL W-2 Ensure an abundant and sustainable Consistent. This goal is more specifically water supply to support all uses in Butte County. reviewed in the discussion of the policies below. W-P2.9 Applicants for new major development Consistent.The proposed project will receive water projects, as determined by the Department of from the South Feather Water and Power Agency.A Development Services, shall demonstrate adequate SB 610 has been provided by SFW&P and included water supply to meet the needs of the project, as Appendix I of the DEIR. including an evaluation of potential cumulative impacts to surrounding groundwater users and the environment.* GOAL W-3 Effectively manage groundwater Consistent. This goal is more specifically resources to ensure a long-term water supply for reviewed in the discussion of the policies below. Butte County. W-P3.3 The County shall protect groundwater Consistent.The proposed project will receive water recharge and groundwater quality when considering from the SFW&P.The project will not use new development projects.* groundwater nor is it a recharge area. GOAL W-4 Promote water conservation as an Consistent. This goal is more specifically important part of a long-term and sustainable reviewed in the discussion of the policies below. water supply. W-P4.4 Opportunities to recover and utilize Consistent.The applicant proposes to use up to 1 wastewater for beneficial purposes shall be million gallons per day of reclaimed wastewater for promoted and encouraged. irrigation. W-P4.6 New development projects shall adopt best Consistent.The project will be required to comply management practices for water use efficiency and with the water efficiency standards of the applicable demonstrate specific water conservation measures. California Green Building Codes. In addition,the proposed project will incorporate LEED standards into the design,which will provide further efficiencies. GOAL W-5 Protect water quality through Consistent. This goal is more specifically effective stormwater management. reviewed in the discussion of the policies below. W-P5.2 New development projects shall identify and Consistent.The project integrates swales and adequately mitigate their water quality impacts from detention basins to capture and treat stormwater stormwater runoff. runoff to comply with water quality standards. W-P5.3 Previous pavements shall be allowed and Consistent. Pervious pavements are allowed as part encouraged where their use will not hinder mobility. of the paths,walkways,etc. W-P5.4 Temporary facilities shall be installed as Consistent.The proposed project will include BMPs necessary during construction activities in order to as specified by the RWQCB under a NPDES permit. adequately treat stormwater runoff from construction Such BMPS may include silt fences, staked straw sites. bales/wattles, silt/sediment basins and traps,check dams,geofabric, sandbag dikes, and temporary revegetation or other ground cover during construction. W-P5.5 Stormwater collection systems shall be Consistent. Improvement plans will be reviewed by installed concurrently with construction of new the Public Works Department for infrastructure roadways to maximize efficiency and minimize construction during Phase I and subsequent phases disturbance due to construction activity. of development. CIRCULATION ELEMENT 143 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 6 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review GOAL CIR-6Support a balanced and integrated Consistent. This goal is more specifically road and highway network that maximizes the reviewed in the discussion of the policies below. mobility of people and goods in a safe,efficient manner. CIR-P6.1 The level of service for County-maintained Consistent.Traffic associated with development of roads within the unincorporated areas of the county Phase I would not adversely affect level of service but outside municipalities'sphere of influences(SOI) on adjacent roadways or at intersections. shall be level of service(LOS)C or better during the Subsequent phases may adversely affect level of PM peak hour.Within a municipality's SOI,the level service. Mitigation measures are included in the EIR of service shall meet the municipality's level of to address these impacts. service policy. CIR-P6.2 The level of service on State Highways Consistent.The level of services on SR 70 is at an should at least match the concept level of service for acceptable level with the proposed project traffic the facility, as defined by Caltrans. during Phase I. Subsequent phases may adversely impact traffic at SR 70 intersections which would require mitigation. CIR-P6.3 Project approval shall be conditioned on Consistent.The level of services on study area the provision of roadway improvements to meet the roadways would be acceptable with the proposed level of service standards in policies CIR-P6.1 and project traffic for Phase I. Subsequent phases may CIR-P6.2. Exceptions to satisfying the level of adversely impact traffic at SR 70 intersections which service standards and/or constructing transportation would require mitigation. facilities to the County's design standards may be allowed on a case-by-case basis where reducing level of service or not constructing a transportation facility to County standards would result in a clear public benefit. Such circumstances may include,but are not limited to the following: a. Conserving agricultural or open space land. b. Enhancing the agricultural community. c. Protecting scenic roadways or highways. d. Preserving downtown community environments. CIR-P6.4 Parcels adjacent to highways and Consistent. No direct access to state highways significant roadways shall have only limited access would be provided by the project. to these facilities as a means to accommodate regional traffic and preserve public mobility. GOAL CIR-8 Provide an adequate road system Consistent. This goal is more specifically that is within the County's ability to finance and reviewed in the discussion of the policies below. maintain. CIR-P8-3 Approval of new development projects Consistent.The applicant is responsible for onsite shall be conditioned on payment of established road construction and for contribution to County- traffic impact fees as a means to fund construction wide facilities through the County Impact Fee. and improvement of affected roadways. GOAL CIR-9 Provide a circulation system that Consistent. This goal is more specifically supports public safety. reviewed in the discussion of the policies below. CIR-P9.1 All new road systems, both public and Consistent. Emergency access will ultimately be private, shall provide for safe evacuation of residents reviewed and approved by the Butte County Fire and adequate access to fire and other emergency Department.The current circulation plan provides services by providing at least two means of access from SR 70 via Pacific Heights Road.There emergency access to an interconnected collector is an internal roadway that would make Pacific system. New road systems will include reduction and Heights accessible at the north and south end of the maintenance of roadside vegetation. project site. 144 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 7 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review GOAL CIR-10 Facilitate the mobility of Butte Consistent. This goal is more specifically County residents with special mobility needs. reviewed in the discussion of the policies below. CIR-P10.2 All new development projects shall meet Consistent.The development will be required to the requirements of the Americans with Disabilities meet applicable requirements, if any, at the time of Act. building construction. CONSERVATION AND OPEN SPACE ELEMENT GOAL COS-1 Reduce greenhouse emissions to Consistent. This goal is more specifically 1990 levels by 2010 reviewed in the discussion of the policies below. COS-P1.1 Greenhouse gas emission impacts from Consistent.The Draft EIR includes a Greenhouse proposed development projects shall be evaluated Gas emissions analysis. as required by the California Environmental Quality Act(CEQA). COS-P1.2 New development projects shall mitigate Consistent.The project includes design elements greenhouse gas emissions on-site or as close to the that would reduce Greenhouse Gas emissions. site as possible. COS-P1.4 New development should provide above- Consistent.The project proposes a series of above- ground and natural stormwater facilities and use ground drainage facilities. building designs and materials that promote groundwater recharge. GOAL COS-2 Promote green building,planning Consistent. This goal is more specifically and business. reviewed in the discussion of the policies below. COS-P2.2 New development shall comply with Consistent.As stated in Policy COS-P.2.2 in the Green Building Standards adopted by the California General Plan 2030, all new development in the Building Standards Commission at the time of County is required to comply with statewide Green building permit application, including requirements Building Standards. Furthermore,the Specific Plan about low-or no-toxicity building materials would require that all individual developments within the Specific Plan area achieve 15 percent greater energy efficiency than Title 24 standards in the California Building Standards Code COS-P2.4 All new subdivisions and developments Consistent.Consistent with Policy COS-P2.4, all should meet green planning standards such as development proposals within the Specific Plan area LEED for Neighborhood Design. also would be required to earn at least 50 points from the Build-It-Green checklists for single-family and multi-family residences. GOAL COS-3 Promote a sustainable energy Consistent. This goal is more specifically supply reviewed in the discussion of the policies below. COS-P3.3 Utility lines shall be constructed along Consistent.The proposed Specific Plan would existing utility corridors wherever feasible. involve on-and off-site construction of water lines and sanitary sewer lines to serve the project site.As shown in Figure 2-9,the proposed water lines would be constructed along Ophir Road, an existing utility corridor and connect to existing line at the intersection with Baggett Marysville Road; and along the Pacific Heights Road and Palermo Road corridors to the south of the Specific Plan area. Figure 2-10 shows that the proposed alignment for the sanitary sewer line for the Specific Plan area would run along existing roadway corridors including Baggett Marysville Road and Georgia Pacific Way. COS-P3.4 Solar-oriented and renewable design and Consistent.The applicant has incorporated rooftop grid-neutral development shall be encouraged. solar into the design of single family residences. 145 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 8 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review GOAL COS-4 Conserve energy and fuel Consistent. This goal is more specifically resources by increasing energy efficiency. reviewed in the discussion of the policies below. COS-P4.3 New development shall meet the Consistent.The developer incorporated a variety of guidelines of the California Energy Star New Homes design standards that are consistent with this policy. Program, or equivalent, and demonstrate detailed These include: energy conservation measures. • Incorporate building materials and appliances that demonstrate energy conservation in all habitable structures(i.e.California Energy Star). COS-P4.4 Site and structure designs for new Consistent.As discussed for COS-P4.3 above,the development projects shall maximize energy Specific Plan would be consistent with General Plan efficiency. policies related to energy efficiency. GOAL COS-7 Conserve and enhance habitat for Consistent. This goal is more specifically protected species and sensitive biological reviewed in the discussion of the policies below. communities. COS-P7.2 Clustered development patterns shall be Consistent.As discussed above with regard to encouraged to conserve habitat for protected Policy LU-P1.6,the proposed Specific Plan would species and biological resources. conserve riparian habitat along the two arroyos on- site and would protect vernal pool habitat for listed species to the southeast of SR 70. Urban development would be clustered to the west of SR 70, in portions of the site that are less biologically sensitive COS-P7.3 Creeks shall be maintained in their Consistent.The arroyos located on-site will be natural state whenever possible, and creeks and maintained as open space to preserve their natural floodways shall be allowed to function as natural function. flood protection features during storms. COS-P7.4 New development projects shall mitigate Consistent.The project includes a mitigation their impacts in habitat areas for protected species measures to protect species and habitat.These are through on-or off-site habitat restoration,clustering described in Section 4.4, Biological Resources. of development,and/or project design and through the provisions of the Butte Regional Habitat Conservation Plan(HCP)and Natural Community Conservation Plan(NCCP)within the HCP/NCCP Planning Area, upon the future adoption of the HCP/NCCP. COS-P7.5 No new development projects shall occur Consistent.The proposed project has the potential in wetlands or within significant riparian habitats, to affect wetlands; however, mitigation measures except within the Butte Regional Habitat have been incorporated into the project to avoid or Conservation Plan(HCP)and Natural Community minimize impacts to these resources. Conservation Plan(NCCP)Planning Area where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP 146 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 9 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review COS-P7.6 New development projects shall include Consistent.The proposed Specific Plan's Land Use setbacks and buffers along riparian corridors and chapter would, setbacks of at least 75 feet from the adjacent to habitat for protected species, except banks of the arroyos'ordinary high water marks, where permitted in the Butte Regional Habitat which would effectively buffer riparian corridors from Conservation Plan(HCP)and Natural Community development. Furthermore,the Specific Plan would Conservation Plan(NCCP) Planning Area where set aside approximately 164 acres to the southeast such development is consistent with the conditions of SR 70 for protected species.With the exception of of the HCP/NCCP, upon the future adoption of the a 4.3-acre commercial area and a 2-acre site for a HCP/NCCP police and fire substation at the corner of SR 70 and Palermo Road,the Specific Plan would not facilitate development in the vicinity of this protected area. COS-P7.7 Construction barrier fencing shall be Consistent. Construction barrier fencing will be installed around sensitive resources on or adjacent required as conditions of approval and contained in to construction sites. Fencing shall be installed prior the Mitigation Monitoring and Reporting Program to to construction activities and maintained throughout minimize impacts to plant/animal species. the construction period." COS-P7.8 Where sensitive on-site biological Consistent.Training of construction employees by a resources have been identified, construction qualified biologist and/or botanist is required will be employees operating equipment or engaged in any required in the conditions of approval and contained development-associated activities involving in the Mitigation Monitoring and Reporting Program vegetation removal or ground disturbing activities in to minimize impacts to plant/animal species. sensitive resource areas shall be trained by a qualified biologist and/or botanist who will provide information on the on-site biological resources (sensitive natural communities, special status plant and wildlife habitats, nests of special-status birds, etc.), avoidance of invasive plant introduction and spread, and the penalties for not complying with the biological mitigation requirements and other State and Federal regulations. GOAL COS-8 Maintain and promote native Consistent. This goal is more specifically vegetation. reviewed in the discussion of the policies below. COS-P8.1 Native plant species shall be protected Consistent.The project includes would preserve and planting and regeneration of native plant much of the acreage east of SR 70 as open space species shall be encouraged,wherever possible, in and to serve as on-site mitigation for impacts to undisturbed portions of development sites. resources located west of SR 70. COS-P8.2 New landscaping shall promote the use Consistent.The landscaping will utilize plant lists of xeriscape and native tree and plant species, that emphasize native plants and prohibit exotic including those valued for traditional Native invasive plants American cultural uses. GOAL COS-9 Protect identified special-status Consistent. This goal is more specifically plant and animal species. reviewed in the discussion of the policies below. 147 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 10 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review COS-P9.1 A biological resources assessment shall Consistent. Several biological resources be required for any proposed development project assessments have been performed by Gallaway where special-status species or critical habitat may Enterprises.These are referenced in Section 4.4, be present.Assessments shall be carried out under Biological Resources, and provided in Appendix B of the direction of Butte County.Additional focused the DEIR. surveys shall be conducted during the appropriate season if necessary. Upon adoption of the Butte Regional Habitat Conservation Plan(HCP)and Natural Community Conservation Plan(NCCP), assessment requirements of the HCP/NCCP shall be implemented for development projects with the HCP/NCCP area. COS-P9.2 If special-status plant or animal species Consistent.The project includes mitigation measure are found to be located within a development site, ensures the protection of special status species and proponents of the project shall engage in requires the project applicant to engage the consultation with the appropriate federal, State and appropriate regulatory agencies for permits. regional agencies and mitigate project impacts in accordance with State and federal law.Upon adoption of the Butte Regional Habitat Conservation Plan(HCP)and Natural Community Conservation Plan(NCCP), assessment requirements of the HCP/NCCP shall be implemented for development projects with the HCP/NCCP area. Examples of mitigation may include: a. Design the proposed project to avoid and minimize impacts.* b. Restrict construction to specific seasons based on project-specific special-status species issues(e.g. minimizing impacts to special-status nesting birds by constructing outside of the nesting season).* c. Confine construction disturbance to the minimum area necessary to complete the work.* d. Mitigate for the loss of special-status species by purchasing credits at an approved conservation bank(if a bank exists for the species in question), funding restoration or habitat improvement projects at existing preserves in Butte County or purchase e. Maintain a minimum 100-foot buffer on each side of all riparian corridors, creeks and streams for special-status and common wildlife.* f. Establish setbacks from the outer edge of special-status species habitat areas.* g. Construct barriers to prevent compaction damage by foot or vehicular traffic.* GOAL COS-14 Preserve important cultural Consistent. This goal is more specifically resources. reviewed in the discussion of the policies below. 148 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 11 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review COS-P14.2 As part of CEQA and the National Consistent.Cultural resources evaluations were Environmental Policy Act(NEPA)projects, performed both on-and off-site improvements.The evaluations of surface and subsurface cultural results of these studies are presented in Section 4.5 resources in the county shall be conducted. Such of the DEIR. evaluations should involve consultation with the Northeast Information Center. GOAL COS-15 Ensure that new development Consistent. This goal is more specifically does not adversely impact cultural resources. reviewed in the discussion of the policies below. COS-P15.1 Areas found during construction to Consistent. Mitigation measures are provided within contain significant historic or prehistoric Section 4.5 of the Draft EIR that ensures that these archaeological artifacts shall be examined by a policy requirements are met. qualified consulting archaeologist or historian for appropriate protection and preservation. Historic or prehistoric artifacts found during construction shall be examined by a qualified consulting archaeologist or historian to determine their significance and develop appropriate protection and preservation measures. GOAL COS-17 Maintain and enhance the quality Consistent. This goal is more specifically of Butte County's scenic and visual resources. reviewed in the discussion of the policies below. COS-P17.1 Views of Butte County's scenic Consistent. No adverse impacts to aesthetic resources, including water features, unique geologic resources would occur with the proposed project. features and wildlife habitat areas, shall be maintained.* HEALTH AND SAFETY ELEMENT GOAL HS-1 Maintain an acceptable noise Consistent. This goal is more specifically environment in all areas of the county. reviewed in the discussion of the policies below. HS-P1.9 The following standard construction noise Consistent.This is a standard condition of any control measures shall be required at construction project and will be imposed accordingly. sites in order to minimize construction noise impacts:* a. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment.* b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area.* Utilize quiet air compressors and other stationary noise-generating equipment where appropriate technology exists and is feasible.* c. GOAL HS-6 Reduce risks from Consistent. This goal is more specifically earthquakes. reviewed in the discussion of the policies below. HS-P6.1 Appropriate detailed seismic investigations Consistent.The project site is not located in an shall be completed for all public and private Alquist-Priolo Earthquake Fault Zone. development projects in accordance with the Alquist- Priolo Earthquake Fault Zoning Act.* GOAL HS-16 Provide for the health,safety and Consistent. This goal is more specifically well-being of the county's present and future reviewed in the discussion of the policies below. residents. 149 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 12 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review HS-P16.3 The County shall promote opportunities Consistent.The proposed project includes a system for physical activities,such as walking and biking, of trails, paths and sidewalks as well as on-site and encourage patterns of new development that parks to promote opportunities for recreation. promote physical activity and encourage bicycling, walking and transit. 150 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 13 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review PUBLIC FACILITIES AND SERVICES ELEMENT GOAL PUB-2 Provide adequate fire protection Consistent. This goal is more specifically reviewed in and emergency medical response services to the discussion of the policies below. serve existing and new development PUB-P2.2 The adopted Standards of Cover for fire Consistent.A condition of approval requires funding protection shall be maintained and implemented. of fire services consistent with this policy.The project would provide a public safety center at the northeast corner of SR 70/Palermo Road that could be used for fire, law enforcement and related services. GOAL PUB-4 Support high quality schools and Consistent. This goal is more specifically educational facilities for all Butte County reviewed in the discussion of the policies below. residents. PUB P4.3 Plans for future growth shall incorporate Consistent.The proposed project includes a site for new school sites as appropriate. a new elementary school. GOAL PUB-6 Support a comprehensive and Consistent. This goal is more specifically high-quality system of recreational open space reviewed in the discussion of the policies below. and facilities. PUB-P6.5 Where appropriate, new residential Consistent.The proposed project will provide developments should include permanently-protected approximately 35 acres of parks and open space. and maintained open space using mechanisms such as, but not limited to,conservation easements and development agreements. GOAL PUB-8 Coordinate an interconnected Consistent. This goal is more specifically multi-use trail system. reviewed in the discussion of the policies below. PUB-P8.7 New development projects should Consistent.The project design includes a trail paths incorporate multi-use trails and connections to and sidewalks to provide an integrated system within existing trail networks. the Specific Plan to facilitate recreation. GOAL PUB-12 Manage wastewater treatment Consistent. This goal is more specifically facilities at every scale to protect the public reviewed in the discussion of the policies below. health and safety of Butte County residents and the natural environment. PUB-P12.1 Applicants shall be allowed to make Consistent.The proposed project will connect to case-by-case assessments of septic and other LOAPUD or City of Oroville facilities for wastewater wastewater treatment systems to determine collection.A water treatment facility will be provided appropriate system designs and densities and shall on-site to treat SC-OR effluent for use as irrigation be allowed to utilize new technologies that are water. supported by State and County practices. GOAL PUB-13 Plan adequate wastewater Consistent. This goal is more specifically infrastructure to serve new development, reviewed in the discussion of the policies below. PUB-P13.2 New development projects shall Consistent.The proposed project will connect to demonstrate the availability of a safe, sanitary and LOAPUD or City of Oroville for wastewater environmentally sound wastewater system. collection.The project may incorporate an on-site wastewater reclamation facility which would be subject to the review and approval by Butte County and other responsible agencies. 151 Exhibit B— Planning Commission Resolution Rio d'Oro Specific Plan (SP08-0001) Page 14 of 14 Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Consistency Review PUB-P13.3 For development projects that will rely Consistent.Conceptual plans for the wastewater on on-site wastewater systems,applicants shall systems have not yet been developed.When provide detailed plans demonstrating that the developed, it is assumed these plans would be system will be adequate to serve the project. reviewed by Butte County as part of the approval process. 152 I ' er' g',:g25-370-010 ,J/A1'„,/'AjAA „/"JAA/AjAAAjj,,,jj)jf1f ,AAA s 45 4010)))),),")))),,,, „JA Pl/A)111:11))11)))1' A , ,JA )1,0,1,11))))))))11),),101,1,AA/4//6,6/A//04;70 ""griAA,7////1;//'/V///;,J,/%/*// 110 025.35003 1 I 1111 025-360-001 A A' A Al/ A A ,/ A 025240448" // 1 1 rrrrr r ur II r 025-240-009 '( g r i rrr 1 grg // i r// g 025-240-054 1 11,u u „rp vo 1":„ )1„,11, 11, 11111111 r .,40-cig ... fli ll''' 011 I/ ll'55 ,,515 Hill 025440-069 )))111 1.1't t/ 111111111111111111111111101.7,11 Rio d'Oro Specific Plan Overlay A A J'Aj LAAAAAAAAAAAAA, ,g/ g r, ir r County Parcel Boundaries 025-240-075 AAA f ). i' I., i ''1 Parcels in Project Area Parcel Rezone 8, General Plan High Density Residential Very High Density Residential A 'AA 0 N 800 1,600 Feet , . , 1 Imagery provided by ESRI and its licensors©2013. Parcel data from Butte County,2013 and CSU Chico,2013. General Plan Map Amendments & Rezone Exhibit C County of Butte 153 LAND USE ELEMENT .., ` iiiiiBlT L MGeneral i s Text Amendment E cerpts of General Elan 2030 pages hire text chap les occur w fu hh the adoption of Una Rio df 1re. Specific Rani . g. Tribal Lands ..................................�..�.�.................�........_�..._..�.��.�...�����.��.�..m.. �..� There are two tribal reserves in Butte County, comprising approximately 400 acres in the Oroville area. Both reserves are anchored by casinos. Gold Country Casino occupies about 90 acres located off of Olive Highway and is operated by the Tyme Maidu of Berry-Creek Rancheria. The Feather Falls Casino and tribal reserve lands occupy over 300 acres off Ophir Road; the casino is operated by the Concow Maidu of Mooretown Rancheria. h. Vacant Land Vacant land is land that is undeveloped and available for its intended use under the General Plan 2030 designation. This includes land that is not used for active agricultural production. Vacant land is distributed throughout the county and comprises 93,800 acres (10 percent of unincorporated Butte County). The average vacant parcel size is approximately 10 acres. i. Undefined There are a number of parcels that do not have a land use defined by the Butte County Assessor; many of these parcels are roadway rights-of-way. These parcels comprise approximately 26,820 acres in unincorporated Butte County. 4. Other Planning Documents In addition to the General Plan, Butte County has several other plans that guide development in specific areas of county. These plans are described below, and the areas covered by each plan are shown on the General Plan Land Use Map in Figure LU-3. Additional similar plans could be put in place by the County during the life of this General Plan. • Zoning Ordinance. The Zoning Ordinance is the regulatory tool that implements the General Plan. As part of the General Plan 2030 process, the County's Zoning Ordinance is being updated to be consistent with General Plan 2030, as required by State law. The Zoning Ordinance includes the zoning map; land use regulations and development standards for each zoning district; general regulations regarding parking, signs, landscaping, density bonuses, and nonconforming uses, structures and parcels; standards for unique land uses that require more specific regulation; land use and development approval procedures; and procedures for public noticing and conduct of public hearings, appeals, amendments and enforcement. 46 BUTTE COUNTY GENERAL PLAN 2030 154 • Airport Land Use Compatibility Plan. The Butte County Airport Land Use Commission is charged with promoting land use compatibility around the county's airports and the MOAs as a means to minimize public exposure to excessive noise and safety hazards. This is accomplished through the preparation and periodic update of an Airport Land Use Compatibility Plan (ALUCP), the most recent of which was adopted in 2000. Public Utilities Code Section 21676 requires the County's General Plan land use designations to be in conformance with the land use plans and policies of the adopted ALUCP, unless the Board of Supervisors specifically chooses not to do so by a two-thirds majority vote. The ALUCP covers the Chico Municipal Airport, the Oroville Municipal Airport, Paradise Skypark Airport and Ranchaero Airport. • Durham-Dayton-Nelson Area Plan, The Durham-Dayton-Nelson Area Plan was adopted in 1992 and covers the unincorporated communities of Durham, Dayton and Nelson in west-central Butte County. The Plan establishes land use policies for this area and designates it as an urban reserve. Policies for the area include the prohibition of rural residential development and uses on parcels less than 3 acres in size until such time as they are needed for development and adequate services are available to serve the area. The Durham-Dayton-Nelson Area Plan is provided in Chapter 13,Area and Neighborhood Plans Element. • Chapman/Mulberry Neighborhood Plan. A neighborhood plan was adopted in 1999 for the Chapman/Mulberry area, which includes two unincorporated "islands" located within the Chico urban area. The purpose of this Plan is to preserve and enhance the single-family residential character of these neighborhoods and to promote their revitalization. The Chapman/Mulberry Neighborhood Plan establishes General Plan land use designations for the area and a "Chapman/Mulberry" overlay zoning district. The Chapman/Mulberry Neighborhood Plan is provided in Chapter 13, Area and Neighborhood Plans Element. • North Chico Specific Plan. The North Chico Specific Plan was adopted in January 1995. The Plan area encompasses 3,590 acres bounded by Sycamore Creek to the south, State Route 99 to the west, Rock Creek to the north and Chico Municipal Airport to the east. The purpose of the North Chico Specific Plan is to comprehensively respond to development proposals and incorporate them into a concept for land use for the area, while evaluating and providing for area-wide solutions to drainage, circulation, and public services. Although development impact fees have been adopted to help fund various improvements 155 LAND? USE ELEMENT within the North Chico Specific Plan area, the funding mechanisms necessary to pay for all the needed infrastructure have yet to be established. '' ' R • Stringtown Mountain Specific Plan. The Stringtown Mountain Specific Plan, adopted in September 1994, addresses design criteria and development standards ,Stories for the future development of a health resort and residential community in the foothills east of Oroville,at State Route 162 and Forbestown Road. The Zio__. lOro SpecificW.._Plan. The Rio 1'Orc . ?ecific Plap adopted i story-'✓z t on ....._ Resolution# determines the mix of eases that will occur ina689wacrearea located alon.g State Route 70 south of Oroville. The Specific 1.0 FAR Plan limits development m to no more than 1700 dwelling of mixed residential types. Commercial areas for this Specific Plan are limited to 30 acres of:Retail anddesianation to he..l,located aic ,g,,t enorthern portion of the Specific Plan area. Smaller areas dedicated to public and commercial uses will be 4 Stories-G, located in the sc gtheasfip„ortion of the Specific Plan Area at State Route 70 and Palermo Road wl roposed retail uses have a m.a irrsurn permissible floor area ratio f.,EAR .0f 0.4 ,_I7evelc prfiunt,in _Specific Plan area wilt re a re aclaption pf a zoning_ a>r iraance__ ettingw_ ftquirgtfififis w , d..._standardsw,_forw.._development; 2 Stories 1/2 Communit s stems i.e. water acid wastewater s stems,,; and access between the commercial and residential area. 111401111 Story_-En B. General Plan Land Use Designations Examples of flo (FAR)and but This section describes the General Plan land use designations for Butte County. The land use designations are intended to help implement the future vision of Butte County, as reflected in the goals,policies, and actions of this General Plan,while also providing flexibility for landowners. The land use designations described in this Element establish the types and intensity or density of uses allowed on each parcel; these densities and intensities are listed in Table LU-2. The land use designations establish minimum and maximum allowable gross densities. New development must fall within the density range established by the land use designation for a given area or parcel. Density, as referred to in Table LU-2, does not determine a limit in parcel size. Second dwelling units as defined under State law are not to be included in determining the overall density calculations allowed under Table LU-2. Oi}NT'(GENERALPLAN 2030 �, i ,,,,�,; ,,,,,,,,,„ ,,,,,,c,/� ,,,,,,,�,, �,✓�iiiti,,,,, iii «„di G ,,,,,,,v.,,i i,,,,.,,.s, ,,,,i,,,,,,., ,,.,,,� ii ,./�,,,, �u,.,,,,,,,,,.,. 156 /r// /. %i, r�//..//l„/� //�/,,. ///rr/. //�// .//., /,/,/, //.✓ of//.�///..I,. /%I .fi. r, r..�. TABLE LU-3 GENERAL PLAN LAND USE DESIGNATION ACREAGES LandUse Designation Acres_-___....._.._..._..._........_...._..................._...._._.. ...w._............—..__.__.____._...._......_._..._..........._........._._............_.._ Agriculture .470.7()J.14:,632 Agriculture Services 533 Timber Mountain 349,638 Resource Conservation 37,262 Foothill Residential 62,641 Rural Residential 33,114 Very Low Density Residential 10,358 Low Density Residential 2,466 Medium Density Residential 6,150 Medium High Density Residential 490 High Density Residential 66_93.'.. I "g?e ay l iigl G gs..tr..L 6lig ;id rtial 6,3. Mixed Use 1,034 Retail and Office 1,429 Recreation Commercial 930 Sports and Entertainment 103 Industrial 2,398 Research and Business Park 101 Planned Unit Development 890 Public 31,236 Undesignated rights-of-way 15,407 Total 1,030,916 Source:The Planning Center....DC&F, GIS,2012. IS,2012_a_....... ..........,.,__...._...a..v..........._ ...r_ -___....____..__..,.__.,... ...v..._... . .m . .a._.aaam. I /o 157 LANb USE ELEMENT d. Resource Conservation This designation allows natural, wilderness, and study areas, as well as limited recreational and commercial recreational uses that do not detract from the area's value for habitat, open space, or research. Residential uses are limited to one single- family dwelling per legal parcel, except in the North Chico Specific Plan and Bid .Oris Specific Mali areas, where residential uses in the Resource Conservation designation are prohibited. The minimum parcel size is 40 acres. Existing legal parcels smaller than the minimum may remain as legal parcels. 2. Residential Designations Seven residential land use designations allow for residential uses ranging from very- low-density farmsteads and low-density single-family homes to duplexes and multi- family structures. Secondary dwelling units are also allowed in all residential land use designation categories, except in the North Chico Specific Plan, and are not to be included in the overall density calculations for a given designation. In every residential designation, existing legal parcels smaller than the minimum may remain as legal parcels. The residential land use designations also allow for public and quasi- public land uses that serve the community. Examples of allowable uses include churches, schools, parks and recreational facilities, fire stations, libraries, day care facilities, community centers and other public uses. a. Foothill Residential This designation allows single-family dwellings at rural densities of 1 to 40 acres per dwelling unit, depending on the zoning. b. Rural Residential This designation allows single-family dwellings at rural densities of 1 dwelling unit per 5 acres to 10 acres (0.1 to 0.2 units per acre). c. Very Low Density Residential This designation allows single-family dwellings at densities up to 1 dwelling unit per acre (0.2 to 1 unit per acre). d. Low Density Residential This designation allows single-family dwellings at densities of up to 3 dwelling units per acre. BUTTE COUNTY GENERAL PLAN O3O 55 158 e. Medium Density Residential This designation allows detached and attached single-family dwellings at densities of up to 6 dwelling units per acre. f. Medium High Density Residential This designation allows a mixture of urban residential uses, including detached and attached single-family homes, duplexes, townhomes, condominiums, multiple- dwelling structures, mobile home parks, group quarters, and care homes, at densities up to 14 dwelling units per acre. g. High Density Residential This designation allows higher-density urban residential uses, including townhomes, condominiums,multiple-dwelling structures,mobile home parks,group quarters, and care homes, at densities of 14 to 20 dwelling units per acre. h. Very High Density Residential This designation allows high-density urban residential uses, including townhomes, condominiums, multiple-dwelling structures,mobile home parks,group quarters, and care homes, at densities of 20 to 30 dwelling units per acre. it'll Sit oft ,•;--1-1,A atty-pAreels-ifli the cuttriy,--bcIt 6c, -4-11,rdc(1 Plan-Anveir(ifl f1.1- t 3. Commercial and Industrial Designations These designations identify locations that are appropriate for a wide range of businesses,including retail,manufacturing, offices and services. a. Mixed Use This designation allows mixed but compatible uses in close proximity to each other, including residential, retail, service, lodging and office uses. Townhomes, garden apartments, apartments, live/work units and condominiums are the types of residences that would typically be found in this designation. Mixed-use buildings with two or more uses in the same structure are encouraged in this designation, but single use residential, retail, or office buildings are also allowed. Since this designation allows for both residential and commercial uses, it allows a wider residential density range and a higher FAR than other designations and is applied to areas along major roads with adequate infrastructure and amenities to support higher densities. This designation allows 4 to 20 dwelling units per acre and a maximum FAR of 0.5. ENERAL PLAN ZO4V , 159 LAND USE ELEMENT TABLE LU-4 GENERAL PLAN OVERLAYS Overlay Acres Berry Creek Area Plan Overlay 50,153 Specific Plan Overlay(Specific Plans to be Developed) 12,77-r:14 12,9f.,0 Specific Plan Overlay(Existing Specific Plans) 92392_22,28I Unique Agriculture Overlay 5,576 Retail Overlay 117 Solid Waste Management Facility Overlay 1,216 Airport Overlay 61,244 Deer Herd Migration Area Overlay 323,586 Public Housing Overlay 46 Military Airspace Overlay 204,357 Total 751,341 Source: The Planning Center DC&Ii GIS,2012. is displayed separately in Figure LU-5. In addition, the Airport Land Use Compatibility Zones within the Airport Overlay are shown in Figure LU-6. a. Existing Area,Neighborhood, or Specific Plan Overlay As described in Section A.3 of this Land Use Element, an Area Plan, Neighborhood Plan, or Specific Plan has already been developed and adopted for the following areas: •North Chico • Chapman-Mulberry •Durham-Dayton-Nelson Stringtown Mountain • Rio LT Oro Specific These existing plans should be consulted for policies specific to each area. This Land Use Element's land use designations within these areas are generally consistent with the applicable Area, Neighborhood, or Specific Plan. There BUTTE COUNTY GENERAL PLAN 2030 63 160 L A N facilities, and other uses that may intercept landfill waste, and some types of recreational facilities. g. Airport Overlay This overlay pertains to areas that are located within Airport Land Use Compatibility Zones described in Section A.3. The base General Plan 2030 designations located within these zones are subject to additional land use restrictions under the 2000 Airport Land Use Compatibility Plan. h. Deer Herd Migration Area Overlay This overlay includes Winter and Critical Winter deer herd migration areas. The Winter Deer Herd Migration Area Overlay requires a minimum lot size of 20 acres, and the Critical Winter Deer Herd Migration Area Overlay requires a minimum lot size of 40 acres. Development may be clustered at smaller lot sizes than these minimums in order to protect the deer herd areas, provided that the non- development areas are protected under permanent conservation easements. i. Public Housing Overlay This overlay is intended to support the continued operation of existing public housing facilities and those facilities under the direct ownership, operation, control, or oversight of a governmental or quasi-governmental agency. This overlay is also intended to support the implementation of the County's Housing Element and to support the County's agricultural labor, special needs, and low- and moderate- income housing communities. This overlay may be combined with the "Public" base zone. j. Military Airspace Overlay This overlay pertains to areas that are located within the MOAs, as depicted in Figure LU-5. The MOAs are comprised of a three dimensional airspace designated for military training and transport activities that have a defined floor (minimum altitude) and ceiling (maximum altitude). D. Future Planned Unit Developments, Area Plans, and Specific Plans This General Plan envisions the development of two Planned Unit Developments, the Berry Creek Area Plan, and a number of Specific Plans. This section provides an overview of the vision for these planning areas. BUTTE COUNTY aENENAL KA,*2030 "5" ' 67 161 LAND USE ELEMENT • Any parcel that is now below the minimum parcel size requirements of the General Plan land use designations and overlays that was legally created, pre- existing, and nonconforming may be developed according to its zoning and the nonconforming use provisions of the Butte County Code. • Development standards compatible with the Town of Paradise shall be utilized for urban development projects with the Urban Reserve area. d. Southeast Paradise Specific Plan The Town of Paradise is currently preparing the Southeast Paradise Specific Plan, which will cover both incorporated and unincorporated municipalities. The Specific Plan includes 1,206 acres of unincorporated Butte County west of State Route 191 and south of Paradise. The Town anticipates that approximately 800 new dwelling units will be allowed in this area,as well as approximately 5 acres of new retail uses. e. South Ophir Specific Plan The City of Oroville anticipates the development of the South Ophir Specific Plan in its General Plan. The Specific Plan area will extend into both incorporated and unincorporated municipalities. The Specific Plan area will include approximately 330 acres of unincorporated land located south of Ophir Road and along Lincoln Boulevard in the southern Oroville area. The Specific Plan will determine the mix of uses that will occur. A primary goal of the Specific Plan is to provide a mix of uses that includes a business/technology park complex for clean industry. Within the entire Specific Plan area, including both incorporated and unincorporated municipalities, 150 to 300 acres of land are assumed to be dedicated to the development of an industrial park. Up to 1,500 dwelling units of mixed residential types may also be included, as well as commercial uses such as a grocery store, drug store or convenience store; a bakery, deli, coffee shop, or cafe; a gas/service station; a drycleaner, hair salon, health club, or similar neighborhood retail service. The Specific Plan will specify a maximum permissible FAR of 0.4 for proposed retail uses. fret-Rio-D2( rettrifiet Pitt t IfY(-)rottSpee -Moo-wilt ch qt.-tit-nine-the rt oftu.S.C'S. -27700 ac re ttreantoortit(NAtaloitl.-State Rou e-70--sou W of f)ittetville., Stpeci-fie--Pittn.will km it i lopi it -6'6-not more--than-2ft7 40--div eIi11f of L of tnii rnl type:. f]ottirtfereittl.-roterett forrth-itintt;-pecificriPittn-erre limited. to 30-tt-crtt of IA ill tattd--()ffi tee derigittrtittlf-tfrthe-kit-A:nett alto tag-49-ef-thtrtirtern-pf-trt inn f il n-Specif t Phi e tea,— ,Burrs COUNTY GENERAL PLAN 2030 71 162 , , het taot 01dti ith il kiltil a ililc ilw kilitililailiilreill ilil) otery- oiltilku drug ililil il ore ,ilktot-TV 1 331 i13 Hee a if)d1 33 a 3t)kth della ) :f2 )1` Ca Ida 11)th IS"; ;ry ict2 tat tdi 0 tl; and 33-d ha ter; tiltir ilka o il heal ilt otil s al II(kip),ilbdt h th,1)1,1 re ilkurk til c. t ilk;ill H htt;atrettath ddi data(' 0 It a ilconniltilmil milikil ilk ekil vkifi lilile-locilililted t-kililil s kilt il I hilkililil sil riloril il killilil tililf il Spileclic lad lad -hard IBS], t t3 0 A-for ilroposeili-re ilkul iililsc,il gil Stringtown Mountain Specific Plan (Existing and Proposed Specific Plan) The proposed Stringtown Mountain Specific Plan will determine the mix of uses that will occur in a 1,239-acre area located adjacent to and east of the existing adopted Stringtown Mountain Specific Plan, which is 157 acres in size. The proposed Specific Plan will limit development to not more than 2,700 dwelling units of mixed residential types. The land use designations and policies of the existing Stringtown Mountain Specific Plan, including resort uses, will remain unchanged, as referenced in Section C.a. E Goals, Policies and Actions 1. Land Use Map The land use map in Figure LU-3 has been developed following the policies below, which should be followed in any future amendments. Goal 111-1 Continue to uphold and respect the planning principles on which the County's land use map is based. Policies LU-P1.1 The County shall protect and conserve land that is used for agricultural purposes,including cropland and grazing land. LU-P1.2 The County shall promote economic development and job- generating industry in unincorporated areas. LU-P1.3 The County shall minimize potential conflicts between agricultural and urban uses. 163