HomeMy WebLinkAbout96-059~::
., GfJUNTY OF BiJ'~'T'E, SATE OI` ~ALt1*'C3t~'NtA'
hcSt~~1dt1011 !~'c~. 96-59
RESOLUTION OF THE COUNTY OF BUTTE
AMENDING AND UPDATING THE
ENVIRONMENTAL REVIEW GUIDELINES
FOR BUTTE COUNTY TO COMPLY WITH
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Butte County Environmental Review Guidelines have not been
comprehensively amended or revised in over eight years; and
WHEREAS, there have been numerous changes in the California Enviromental Quality
Act {CEQA) by the state legislature and through the determination of court cases; and
WHEREAS, there is a need to provide the public, the development community, and the
business community with clear and concise guidelines for the efficient implementation of CEQA;
WHEREAS, substantial time, effort, and care has been taken to prepare clear, concise,
and straight-forward guidelines for the preparation, review, and approval of environmental
documents in compliance with CEQA and the state Permit Streamlining Act;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of
Butte does hereby:
1. Rescind Resolutions 81-182 and 87-82 pretaining to the Environmental Review
Guidelines.
2. Adopt the 1996 Environmental Review Guidelines for Butte County as shown and
detailed in Attachment A, herein appended to this resolution.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 2~trday of May,
1996, by the following vote:
AYES: Supervisors Dolan, Floux, Thomas and Chair McLaughlin
NOES: None
ABSENT: Supervisor Meyer
NOT VOTING: None
ED McLAUGHLIN, CIRMAN
Butte County Board Supervisors
ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Clerk of the Board
By
BurrE couNrY
ENVIRONMENTAL REVIEW GUIDELINES
TABLE OF CONTENTS
California Environmental Quality Act Implementation Policies and Procedures
Pane
INTRODUCTION ........................................................... 1 .
A. Basic Purposes of CEQA ............. .... _ , . , _1___ _ __ .. _.
..........................
B. Purpose of County Guidelines ........................................... 1
C. Project application .................................................... 1
OVERVIEW AND SUMMARY OF PROCEDURES ................................. 2
A. CEQA Applicability ...................................... . . . . .......... 2
B. CEQA Process ....................................................... 2
1. Preliminary ................................................... 2
2. Preparation ................................................... 2
3. Determination ................................................. 3
C. Initial Studies, Negative Declarations, and EIRs ............................. 3
D. Contents of EIRs ..................................................... 3
111 AUTHORITY PROVIDED BY CEt~A ............................................ 3
A. Mitigate ............................................................. 3
B. Disapprove Projects ................................................... 3
C. Approve Projects Despite Significant Effects ............................... 4
D. Fees ............................................................. 4
N APPLICABILITY OF CEQA__________________________________________ _ e.
A. Time of Compliance ................................................... 4
B. Responsibility for Compliance ................................. a ......... 4
Ce Advisory Role of Planning ......... - - - • . . ..................... . . . ....... 4
V PRELIMINARY REVIEW ...................................................... 4
A. Initial Project Review .................................................. 4
B. Actions That Constitute a "Project" ....................................... 4
1. The whole of an action .......................................... 5
2. Project does not include ........................................ 5
3. The term "Project" refers to ...................................... 5
C. Determining Exemptions ............................................... 5
1. Not a Project under CEQA ....................................... 6
2. Statutory Exemptions ........................................... 6
3. Categorical Exemptions ......................................... 6
4. Rule of No Possible Impact ...................................... 6
5. Exemption verification ........................................... 6
D. General Rule ........................................................ 6
E. Notice of Exemption ................................................... 6
1. When Lead Agency approves .................................... 6
2. The NOE shall include .......................................... 6
3. Filing ........................................................ 7
F. County Projects ...................................................... 7
VI INITIAL STUDY ............................................................. 7
A. Purpose of an Initial Study .................... . ......................... 7
Paae
1. Provide information ............................................. 7
2. Enable modifications of project ................................... 7
3. Assist preparation of an EIR ...................................... 7
4. Facilitate environmental assessment .............................. 7
5. Previous EIR .....................................:.....:.-: -..: 7--------..
6. Eliminate unnecessary EIRs -~---- -- --7--- - -
.....................................
B. Project Information Required ............................................ 7
C. Preparation .......................................................... 8
1. Following preliminary review -prepare an Initial Study ................. 8
2. Pass on further environmental review - an EiR required ............... 8
D. Content of An Initial Study .............................................. 8
E. Determining Environmental Significance .................................. 8
1. Mandatory Findings of Significance ................................ 8
2. Effects that are normally Significant ............................... 9
F. Thresholds ......................................................... 11
G. Formulation of Mitigation Measures ..................................... 11
1. Avoiding ..................................................... 11
2. Minimizing ................................................... 11
3. Repairing, rehabilitating, restoring ................................ 11
4. Reducing or eliminating ........................................ 11
5. Compensation ............................................... 11
VII NEGATIVE DECLARATIONS .. 12
A. ...............................................
Preparation of A Negative Declaration .........., ......................... 12
1. Initial Study shows no significant effect ............................ 12
2. Initial Study shows potentially significant effects but .................. 12
B. Contents of Negative Declarations ...................................... 12
1. Project description ............................................ 12
2. Location, name of proponent ........................ ~ ....... , ... 12
3. Finding ...................................................... 12
4. Documenting reasons to support the finding . . ...................... 12
5. Mitigation measures ................................... . . . ..... 12
C. Public Notice ........................................................ 12
D. Time Limits ......................................................... 13
E. Consideration and Approval of Negative Declarations ....................... 13
F. Notice of Determination ............. . ................................. 13
Vlll ENVIRONMENTAL IMPACT REPORTS (EIRs) .................................. 13
A. Decision to Prepare an EIR ............................................ 13
B. Scope of an EIR ................................ 13
C .....................
Contents of EIRs
.
D. ....................................................
Letter to Applicant 13
E. ...................................................
Appeal 13
F. ............................................................
Notice of Preparation 14
G .................................................
Fees 14
.
H ........-• ..................................................
Execution of Contract 14
.
1. .................................................
Preparation of Administrative Draft EIR .................................. 15
15
J. Notice of Completion of a Draft EIR ..................................... 15
K. Public Review of Draft EIRs ............................................ 15
L. Public Hearing on Draft EIR ............................................ 15
Paae
M. Evaluation of Responses to Comments .................................. 16
N. Preparation of the FinaIEIR ........................................... 16
O. Certification of the Final EIR and Time Limits .............................. 16
P. Findings ....................................................-.-_~_:.._. ~_fi6.__._._
Q. Approval ........................................................... 16--- -.
R. Statement of Overriding Considerations .................................. 16
S. Notice of Determination ............................................... 16
IX. MITIGATION MONITORING AND REPORTING PROGRAM ........................ 1T
APPENDICES
A. CEQA List of Effects & Projec~s/Nonprojects:
List of Significant Effects
Projects
B. Exemptions:
Statutory
Categorical
C. Environmental Information Form
D. Environmental Checklist: Initial Study
I. INTRODUCTION
The Califomia Environmental Quality Act {CEQA) of 1970 (as amended) is California's most fundamental
and far reaching environmental law. CEQA is a procedural act that governs the review and approval
process of most developments in California. These policies and procedures are written for the purpose
of implementing the requirements of CEQA as contained in §21000 et seq of the Public Resources Code
(PRC) and the state CEQA Guidelines as contained in §15000 et seq of the California AdmiriistratiY~ Cede
(CAC) .
A. BASIC PURPOSES OF CEQA {§15002)
The basic purposes of CEQA are to:
(1) inform governmental decision-makers and the public about the environmental effects of
proposed activities;
(2} involve the public in the decision-making process;
(3) identify ways that damage to the environment can be avoided or significantly reduced;
and,
(4) prevent environmental damage by requiring changes in projects through the use of
alternatives, mitigation measures, or both.
B. PURPOSE OF COUNTY GUIDELINES
Butte County's Environmental Review Guidelines (hereafter referred to as Guidelines) set forth
comprehensive procedures for complying with the California Environmental Quality Act (GEQA).
CEQA requires each public agency to adopt guidelines (objectives, criteria, and specific
procedures) for administering its responsibilities under CEQA (§15022 of GAC and §21000 et seq
of PRC). The purpose of these Guidelines is to protect both local and regional environmental
resources in a manner that reflects local values.
An additional purpose of these Guidelines is to implement GAC §15006: to reduce delay and
paperwork in determining if CEQA applies to particular projects. CAC §15006 enumerates
methods for conducting environmental review of projects that are not exempt. The intent of this
document is to translate the myriad of State laws and judicial interpretations into a precise guide
for use by the County, project proponents, and general public.
Butte County's CEQA Guidelines summarize State law. Please refer to the State GEQA
Guidelines (California Administrative Code Sections in parentheses) for more detail.
C. PROJECT APPLICATION
Review of Application For Filing -All applications for non-exempt land development
projects shall be filed with the County and shall include the following :
a. A fully completed and signed Application Form.
b. A fully completed and signed Environmental Information Form (see Append'oc C).
c. The appropriate environmental review fee as set forth on the Countys fee
schedule.
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2. Review of Application For Completeness -The County shall determine in writing whether an
application is complete within 30 calendar days of receipt (filing). If the application is determined
to be incomplete, within this 30 calendar day period, it shall be returned to the applicant with a
written specification as to why it is not complete and with suggested revisions to ensure
completeness. The applicant has 30 calendar days to provide a specified number of copies of the
requested information and the County has 30 calendar days to determine whether the resubmitted
application is complete. This cycle may be repeated one more time. If the application is still
determined to be incomplete, the project shall be determined to be withdrawn-by-the-County,
unless an appeal is filed regarding that determination. If a dispute arises as to the resubmitted
application's completeness, the applicant may appeal the matter to the Director of Development
Services. There shall be a final written determination of completeness within 60 calendar days of
appeal.
3. Additional Information -After an application has been accepted as complete, the County may
require the applicant to submit additional information needed far environmental evaluation (Initial
Study) of the project.
a. If the applicant is unable to supply the additional information needed for the County to
complete its environmental evaluation within the 30 calendar day period, (after application
has been determined to be complete}, this timeline is suspended and processing of the
applicantion shall cease until the applicant provides the additional information.
b. If the applicant is unwilling to provide this additional information, thereby making it
impossible for the County to perform an adequate Initial Study, then the project will be
sent to the approving authority with a staff recommendation for Denial Without Prejudice.
4. If the County determines that an EIR will be required for a project, the County may skip further
initial review of the project and begin work directly on the EIR process. The County shall identify
the significant effects of the project upon which the EIR shall focus. The County shall indicate
briefly its reasons for determining that other effects would not be significant or potentially
significant.
I1. OVERVIEW AND SUMMARY OF PROCEDURES
The following subsections provide the procedures for following CEQA requirements. See Append'a A far helpful
flowcharts, outlines, and time periods.
A. CEQA APPLICABILITY
A proposed activity or appligtion must first be evaluated to determine if it is fora "project" and is, therefore,
subject to further CECA review. A project is defined as any discretionary action that may cause a physical
change to the environment. A project is the whole of an action, that might result in a physical change to
the environment, directly or ultimately. However, if the proposed activity is a project under CEQA, it may
still be exempt from environmental review (see categorical exemptions and "general rule" exemptions,
Append'oc B}.
B. CEtOA PROCESS (three separate steps):
There are three steps in the CEQA process that incorporate environmental documentation. These three
separate steps are taken in deciding which environmental document to prepare for a project subject to
CEGA.
1. Preliminary review of a project to determine whether it is subject to CEQA, or is exempt;
2. Preparation of an Initial Study to determine whether the project may have any significant
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environmental effects.
Preparation of environmental document:
a. If the Initial Study shows that there is no substantial evidence that the project may have a
significant impact, the County prepares a Negative Declaration.
b. If the Initial Study shows the project may have a significant impact-but-carr the prvJe~ct can
revised to avoid or mitigate the impact, the County prepares a Mitigated Negative Declaration.
c. If the Initial Study shows the project may have a significant impact that cannot be avoided or
adequately mitigated, the County requires the preparation of an EIR (Guidelines §15002(k)).
C. INITIAL STUDIES, NEGATNE DECLARATIONS, AND ENVIRONMENTAL IMPACT REPORTs {EIRs)
Initial Study. If the proposed activity is a project under CEQA {Guidelines, §15378), and is not exempt
from review, the County will prepare an Initial Study. Where an EIR is required the preparation of an Initial
Study is at the option of the County. The Initial Study determines whether a negative declaration, a
mitigated negative declaration, or an Environmental Impact Report (EIR) is needed.
If the Initial Study identifies potentially significant impacts resulting from a project, the County may consult
with the applicant to determine if the applicant is willing to modify the project to reduce or avoid the
significant effects identified in the Initial Study (§ 15063(8)}. The applicant may make changes to the
project, or agree to changes suggested by the County in order to avoid or reduce to insignificance potential
impacts (§15063(c)(2) and §15070(b)(1}}. For public projects see Section V "Preliminary Review"
(B)(1)(a)•
Negative Declaration. If no significant impacts are identified, a Negative Declaration is prepared. A
Negative Declaration is a written statement by the County describing why a project will not have a significant
impact on the environment and therefore does not require the preparation of an EIR. A Negative
Declaration may be prepared when no substantial evidence exists that the project may have a significant
environmental effect (Guidelines, §15070).
Mitigated Negative Declaration. If the County determines that project revisions or mitigation measures
are needed to lessen the impacts to an insignificant level or to avoid significant impacts, then a mitigated
Negative Declaration is prepared. (§15041(a)).
Focused EIR. If a significant impact is identified that has not been , or cannot be, adequately mitigated,
the Initial Study shall conclude that the project has significant environmental effects and a Focused EIR
is required. A Focused EIR shall be required when a specific physical condition, or several physical
conditions have been identified within a proposed project area as being potentially impacted.
Full EIR. A full ElR shall be required when the physical conditions e>ost within an area which will be
affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects
of historical or aesthetic significance.
D. CONTENTS OF EIRs {§15120 et seq): The required contents of EIRs, asset forth in Article 9 of the State
Guidelines, are hereby incorporated by reference.
111. AUTHORITY PROVIDED BY CEQA {§15040)
CEQA gives the Gounty, as lead agency, authority to mitigate, disapprove, or approve projects despite significant
impacts, and to charge fees to recover costs incurred in the preparation of the environmental documentation.
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A. MITIGATE (§15041(a)):
The County has authority to require changes in the project to lessen or avoid significant effects on the
environment {Guidelines §15041(a), 15042, 8~ 15064(b); Public Resources Code §21002 & 21004). The
County shall draft mitigation measures to achieve the objective of mitigating or avoiding significant effects
on the environment identified in the Initial Study.
B. DISAPPROVE PROJECTS (§15042): _.__ . __ _ __._ .__.___ __ .
The County may disapprove a project, if necessary, to avoid one or more significant effects on the
environment that would occur if the project were approved.
C. APPROVE PROJECTS DESPITE SIGNIFICANT EFFECTS (§15043):
The County may approve a project despite significant environmental effects identified in an EIR if: the
County makes a fully informed and publicly disclosed decision that there is no feasible way to lessen or
avoid these effects; and the County adopts, when certifying the EIR, a Statement of Overriding
Considerations to address those significant environmental effects. Findings shall be included identifying
expected benefits from the project that outweigh the adverse impacts or the casts of mitigating the impacts
of the project.
D. FEES {§15045):
The County, as a lead agency, may charge and collect reasonable fees in order to recover the estimated
cost in preparing an Initial Study, Negative Declaration or mitigated Negative Declaration, and/or EIR.
These fees are subject to periodic review and adjustment in order to assure that County costs are
recovered.
Administrative costs incurred by the County for time and materials for review and processing the
environmental documentation will be estimated. Established fees far development applications include
the estimated cost for preparation of an initial study and a Negative Declaration or Mitigated Negative
Declaration. It does not include the cost for the preparation of an EIR.
Costs for the preparation of an EIR will be estimated on a case by case basis depending upon the scope
of the EIR, and a deposit required in at least 50 percent of the amount of the estimate. Certification of the
final EIR will not be scheduled unless the account is in excess of the estimate/deposit in order to cover the
costs of finalizing the EIR.
IV. APPLICABILITY OF CEQA (§15U02)
A. TIME OF COMPLIANGE
The County will comply with CEQA procedures as set forth in these guidelines whenever the County
proposes to carry out or approve a project. CEQA review, preparation, and certification of appropriate
documentation occurs prior to or concurrently with an approval of a private projector authorization of a
public project.
B. RESPONSIBILITY FOR COMPLIANCE
The Director of Development Services, or the Director's designee, shall ensure that these guidelines are
followed for public and private projects. These guidelines apply to all agencies of the County.
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C. ADVISORY ROLE OF DEVELOPMENT SERVICES
The Director of Development Services, or the Director's designee, will provide direction, guidance, advice
and consultation to other County departments at their request with respect to interpretation of CE(~A, State
Guidelines or these Guidelines.
V. I~RELIMINARY REVIEW
A. INITIAL PROJECT REVIEW
All activities that are initiated by the County, which are determined to be a project under CEQA, funded in
whole or part by the County, or require authorization or entitlement from the County are subject to CEQA
review. County staff, with primary responsibility for processing, reviewing, or authorizing activities affecting
the environment should be familiar with these guidelines. Most activities that are not exempt from CEQA
will be reviewed or processed by the Department of Development Services.
B. ACTIONS THAT CONSTITUTE A "PROJECT" (Government Code, §65100-66700)
Except as otherwise provided, these Guidelines shall apply to Discretionary Projects proposed to be carried
out or approved by the County. A project is defined as:
The whole of an action, which has a potential for resulting in a physical change in the environment,
directly or ultimately, and that is any of the following:
a. An activity directly undertaken by any public agency including but not limited to public
works construction and related activities, clearing or grading of land, improvements to
existing public structures, enactment and amendment of zoning ordinances, and the
adoption and amendment of local general plans or elements thereof pursuant to
Government Code §65100-65700.
b. An activity undertaken by a person which is supported in whole or in part through public
agency contracts, grants, subsidies, loans, or other forms of assistance from one or more
public agencies.
c. An activity involving the issuance to a person of a lease, permit, license, certificate, or
other entitlement for use by one or more public agencies.
2. Project does not include:
a. Anything specifically exempted by state law;
b. Proposals for legislation to be enacted by the State Legislature;
c. Continuing administrative or maintenance activities, such as purchases for supplies,
personnel-related actions, emergency repairs to public service facilities, general policy
and procedure making (except as they are applied to specific instances covered above};
d. The submittal of proposals to a vote of the people of the state or of a particular
community;
The closing of a public school and the transfer of students to another school where the
only physical changes involved are categorically exempt.
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3. The term "project" refers to the activity which is being approved and which may be subject to
several discretionary approvals by governmental agencies. The term "project" does not mean
each separate governmental approval.
C. DETERMINING EXEMPTIONS
Generally, there are two types of exemptions: statutory and categorical. Statutory=exemp~Sons apply"to
projects that the State Legislature has ruled to have insignificant effects. Statutory exemptions include
ministerial projects and emergency projects.
The County has 30 calendar days in which to determine whether a project is exempt or not. The County
must act on a project determined to be exempt within 9Q calendar days after determination of exemption.
However, any project that may cause significant environmental impacts, regardless of its listing as a
statutory or categorical exemption, is subject to environmental review under CEQA (§15300.2). After
approving an exempt project, the County may file a Notice of Exemption with the County Clerk. All
proposed activities must be reviewed to determine if one of the following exemptions is appropriate:
1. Not a Project under CEQA: If a proposed activity is not a project, it is exempt from CEQA review.
2. Statutory Exemptions: Certain activities have been exempted from CEQA by the Legislature.
These exemptions include feasibility or planning studies, ministerial projects, and emergency
actions. A complete list of statutory exemptions is included in Append'oc B.
3. Categorical Exemptions: Certain classes or "categories" of projects have been determined by
the State's Secretary for Resources to have an insignificant effect on the environment, and are
known as categorical exemptions. Currently, the State's CEQA Guidelines recognize 29 classes
of categorically exempt projects. A complete list of these exemptions is included in Append'oc E.
4. Exemption Verification: If a project falls within a Categorical Exemption category, the Lead
Division shall make an additional inquiry as to whether the Categorical Exemption is inapplicable,
because of the existence of any of the following factors:
a. There are unusual arcumstances creating the reasonable possibility of significant effects
(e.g., an otherwise exempt project located in a wetland}.
b. The project and successive projects of the same type in the same place will result in
Cumulative Impacts.
For classes 3, 4, 5, 6, and 11, the project may affect an environmental resource of
hazardous or critical concern offiaally adopted pursuant to law (e.g., an otherwise exempt
project that would impact habitat of an endangered species).
tf any of these factors cause the Categorical Exemption to be inapplicable, the applicant shall be required
to submit an Environmental Information Form and a detailed project description. Additional information,
data, studies, and the like, may be required of the applicant in order for the County to make an
environmental determination.
D. GENERAL RULE
Where it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to environmental review. In such cases, the
activity is covered by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment {Guidelines, §15061 {b)(e)).
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E. NOTICE OF EXEMPTION (§15062}
If a determination is made that the activity is exempt from CEQA, a Notice of Exemption (NOE} may be filed
with the County Clerk.
When the County approves or decides to carry out the project, the filing of a Notice of Exemption
shall be posted within 24 hours of receipt in the office of the County Clerk: It also tegd(rts_the clerk
to return the notice after it was posted for thirty days to the local agency. The local agency must
then retain the notice of nine months. This initiates a 30 calendar day statute of limitations period
on legal challenges to the County's determination that the project is exempt from CEQA. If a
Notice of Exemption is not filed, a 180 calendar day statute of limitations shall apply.
2. The NOE shall include a brief description of the project, findings of exemption, including citation
to the State CEQA Guidelines section under which it is found exempt, and reasons supporting
those findings. For private projects, the notice shall include a certification that the County has
independently reviewed information submitted by the project applicant which supports the
exemption.
If filed, the notice shall be filed with the County Clerk. If state resources could be affected the NOE
shall be filed with the Office of Planning and Research (OPR) . Copies of the NOE shall be
available for public inspection.
F. COUNTY PROJECTS: ENVIRONMENTAL REVIEW PROCEDURES (§15378{a}{1):
When the County, or any of its departments, as the Lead Agency, contemplates any activity resulting in
physical change in the environment, including but not limited to Public Works construction and related
activities, clearing or grading of land, improvements to existing public structures, enactment and
amendment of zoning ordinances initiated by the County, and the amendment of the Butte County General
Plan or any of its elements, the following procedures shall be followed.
The department which contemplates the activity shall request the Planning Division to determine whether
the activity qualifies far a categorical exemption. If the activity is categorically exempt, no EIR is required
and regular processing of plans for the activity may continue without further environmental review.
If the activity is not categorically exempt, the department shall forward its plans and specifications to the
Planning Division. Upon receipt of the plans and specifications for the project, the Planning Division shall
conduct an Initial Study to determine if the project may have a significant effect on the environment. The
environmental review process from that point on, including determinations and filing of notices, will be
conducted in the same manner as specified above in the procedures for environmental review of private
projects, with the department proposing to carry out the project being treated as the "applicant."
VI. INITIAL STUDY
The County will prepare an Initial Study within 30 calendar days after determining the application complete. The
30 calendar day period may be extended 15 calendar days upon the consent of the County and the project
applicant. {For public projects, these time limits do not apply.) Staff recommendations for requiring particular
environmental documents may be appealed in writing to the approving agency for the project upon payment of
proper fees.
A. PURPOSES OF AN INITIAL STUDY:
Provide the County with information to use as the basis for deciding whether to prepare an EIR or
Negative Declaration (§15063{c)(1));
2. Enable an applicant or the County to modify a project, avoiding, or mitigating adverse impacts
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thereby enabling the project to qualify for a Negative Declaration;
Assist the preparation of an EIR, if one is required;
4. Facilitate environmental assessment early in the design of a project;
5. Determine whether a previously prepared EIR could be used far the project;.._ ..__._._..__.
6. Eliminate unnecessary EIRs.
B. PROJECT INFORMATION REQUIRED:
The primary source of project information for the Initial Study is the Environmental Information Form (see
Appendix C} (§15063(f)). This form is completed by the applicant and received as part of the project
(application} submittal. Any information that the project proponent or County deems relevant and will
faalitate the environmental review of a project, should be submitted along with the project application. The
County may require the project proponent to provide additional data and information determined necessary
for the preparation of the Initial Study (§15060(b), 15063(e), ~ 15064(b}).
An unreasonable delay by the applicant in providing information (studies, surveys, maps, etc.) requested
by the County shall suspend the running of the time periods as described in §15107 and §15108 (§15109).
After a reasonable period of time, if no action has been taken to collect or supply the necessary information
the project will be set on the approving agency agenda for Denial Without Prejudice.
C. PREPARATION
1. Following preliminary review, the County shall prepare an Initial Study for nonexempt projects to
determine if the project may have a significant effect on the environment.
2. On projects where the County can clearly determine that an EIR will be required for the project,
the County may skip any further initial review of the project and begin work directly on the EIR
process. (See discussion I, C(4))
D. GONTENT OF INITIAL STUDY
The Initial Study is prepared by County staff. It includes:
project description,
^ environmental setting,
^ environmental checklist,
^ identification of environmental effects by use of a checklist, matri3r, or other method,
^ discussion of any impacts and ways to avoid or mitigate identified impacts,
^ examination of consistency with zoning, general plans and other applicable land use controls
(§15063(d)).
All phases of project planning, implementation, and operation shall be considered in the Initial Study. Staff
shall consult with County departments, public entities that may be a responsible or trustee agency for the
project and any individuals or organizations otherwise concerned.
E. DETERMINING ENVIRONMENTAL SIGNIFICANCE
Critical to the environmental analysis is the determination of significant effect. The CEQA Guidelines define
the term "significant effect on the environment" as "a substantial, or potentially substantial, adverse change
in any of the physical conditions within the area affected by the project including land, air, water, minerals,
flora, fauna, ambient noise, and objects of historic and aesthetic significance." (CEQA Guidelines, §15382)
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The environmental evaluation must consider:
^ Primary or Direct impacts: such as construction-related impacts of dust and noise
(§15064(d)(1));
^ Secondary or Indirect impacts: such as those associated with growth resulting from additional
infrastructure capacity {§15064(d){2}); and, - - ~ ---------------
^ Cumulatnre impacts: such as those resulting from the total effect of a group of proposed projects
or programs, over time (§15065(c)}.
Signficance will be judged by the intensity and longevity of the change, the size of the area affected, and
deviation from existing conditions. Establishing thresholds of significance is the best way to enable a
determination of environmental impacts.
1. Mandatory Findings of Sign~cance (§15065): The project may be found to have a significant
effect on the environment if any of the following findings are made by the County.
The project has the potential to substantially degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a threatened or endangered plant
or animal, or eliminate important examples of the major periods of California history or
prehistory.
b. The project has possible environmental effects which are individually limited but
cumulatively considerable. As used in this subsection, "cumulatively considerable" means
that the incremental effects of an individual project are considerable when viewed in
connection with the effects of past projects, the effects of other current projects, and the
effects of probable future projects.
c. The environmental effects of a project will cause substantial adverse effects on human
beings, either directly or indirectly.
The County must prepare an EIR if any of these Findings occur (Appends D, Environmental
Checklist).
2. Effects That Are Normally Significant: A project will normally have a significant environmental
effect if it may indirectly or directly affect the following:
a. Land Use
(1) Conflict with adopted environmental plans and goals of the community where it
is located.
(2) Disrupt or divide the physical arrangement of an established community.
(3) Conflict with established recreational, educational, religious, or scientific uses of
the area.
(4) Convert prime agricultural land to nonagricultural use, or impair the agricultural
productivity of prime agricultural land.
b. Aesthetics
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(1) Have a substantial, demonstrable negative aesthetic effect.
c. Population, Housing, and Employment
(1} Induce substantial growth or concentration of population.
(2) Displacealargenumberofpeople. -----,----•-.---.---- - -
d. Public Services
(1) Breach publ""rshed national, state, or local standards relating to solid waste or litter
control.
{2) Extend a sewer trunk line with capacity to serve new development.
(3) Require a "will serve" letter from a public agency and the agency identifies
serious deficiencies in providing service.
e. Traffic
(1) Cause an increase in traffic which is substantial in relation to the existing traffic
load and capacity of the street system.
f. Air
(1) Volate any ambient air quality standard, contribute substantially to an existing ar
projected air quality violation, or expose sensitive receptors to substantial
pollutant concentrations.
g. Noise
(1) Increase substantially the ambient noise levels for adjoining areas.
h. Geology
(1 } Expose people or structures to major geologic hazards.
i. Hydrology
(1) Substantially degrade water quality.
(2) Substantially degrade or deplete groundwater resources.
(3} Contaminate a public water supply.
{4} Interfere substantially with groundwater recharge.
{5} Cause substantial flooding, erosion, ar siltation.
j. Biological Resources
(1) Substantially affect a rare or endangered species.
(2) Interfere substantially with the movement of any resident or migratory fish or
wildlife species.
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(3} Substantially diminish habitat for fish, wildlife, or plants.
k. Cultural Resources
{1) Disrupt or adversely affect a prehistoric or historic archaeological site or a
property of historic or cultural significance to a community or ethnic or social
group; or a paleontological site except as a part of a scientific stud}r.--~ --
Energy
(1) Encourage activities that result in the use of large amounts of fuel, water, or
energy.
(2) Use fuel, water, or energy in a wasteful manner.
m. Hazards
(1 } Create a potential public health hazard or involve the use, production, or disposal
of materials which pose a hazard to people or animal or plant populations in the
area affected.
(2} Interfere with emergency response plans or emergency evacuation plans
F. THRESHOLDS: Determining the significance of environmental impacts is a critical and often controversial
aspect of the environmental review process. It is critical because a determination of significance requires
that the project be substantially altered, or that mitigation measures be readily employed to avoid the
impact or reduce it below the level of significance. tf the impact cannot be reduced or avoided, an
Environmental Impact Report (EIR) must be prepared.
State CEQA Guidelines define the term "significant impact on the environment" as a substantial, or
patentiaUy substantial, adverse change in any of the physical conditions within the area affected by the
project. However, there is no iron-clad definition of what constitutes a substantial change because the
significance of an activity may vary according to location.
G. FORMULATION OF MITIGATION MEASURES (Section 15370): Mitigation measures are actions
designed to alleviate or avoid the adverse environmental effects of proposed plans and projects. If there
is a potential for significant impacts, efforts should be made to identify and incorporate mitigation measures,
either into the project design prior to completion of the Initial Study, or staff, in consultation with the
applicant, shall incorporate appropriate mitigation measures into the project approval. If identified impacts
can be mitigated to anon-significant level, a mitigated Negative Declaration can be used. Impacts must
be reduced to anon-significant level or an EIR is required. Mitigation includes:
1 ~ AvoitGngthe impact altogether by not taking a certain action, or parts of an action or redesigning
the project;
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation;
3. Repairing, rehabilitating, or restoring an impacted environment;
4. Reducing or eliminating the impact overtime by preservation and maintenance operations during
the life of the action;
5. Compensation for the impact by replacing or providing substitute resources or environmenfis.
Creativity, reasonableness, and practicality should be used in developing mitigation measures for identified
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impacts, providing that the mitigation adequately and accurately addresses the impact.
A Mitigation Monitoring 8~ Reporting Program shall be made a condition of approval of the project. The
County shall require applicants to famish a monitoring program for each mitigation measure required. The
Mitigation Monitoring Program shall be required to be submitted by the applicant within 45 calendar days
after approval of the project. Far mitigation of complicated or technical impacts, a consultant may need
to be hired at the developer's expense (see Section VII Mitigation Monitoring or Reporting Program).
When other agencies have jurisdiction over aspects of the project, the developer will have to meet the
design, mitigation, and monitoring requirements imposed by those agencies, as well as any additional
requirements established by Butte County.
VII. NEGATIVE DECLARATIONS (Guidelines, §15070)
There are two types of Negative Declarations: a (standard} Negative Declaration, and a Negative Declaration with
mitigations, or "Mitigated Negative Declaration." When the Initial Study shows that the project may not have a
significant effect on the environment CEQA allows for a Negative Declaration to be adopted.
CEQA continues to give the County the option of allowing applicants to modify their project so that the County can
make a finding that the project would not have a significant effect on the environment as proposed. If the applicant
can modify his project to avoid potential significant effects, he can qualify for a Mitigated Negative Declaration.
A. PREPARATION OF A NEGATNE DECLARATION (Section 15070): A Negative Declaration shall be
prepared for non-exempt projects if:
1. The Initial Study shows that there is no substantial evidence of the project having a significant
effect on the environment; or
2. The Initial Study identified potentially significant effects but:
a. Prior to completion of the Initial Study, the project is revised to avoid or mitigate the effects
to a point where no significant effects would occur; and
b. There is no substantial evidence that the project, as revised, may have a significant effect
on the environment.
B. CONTENTS OF NEGATNE DECLARATIONS (Section 15071): A Negative Declaration shall include:
1. A brief project description;
2. The location of the project {preferably a location map), and the name of the project proponent;
3. A proposed finding that the project will not have a significant effect on the environment;
4. An attached copy of the Initial Study documenting reasons to support the finding;
5. Mitigation Measures, if any, included in the project to avoid potentially significant effects.
C. PUBLIC NOTICE (§15072): The County shall notify the public of its intention to adopt a Negative
Declaration, and provide opportunities to review it and any related documents by direct mail to all
landowners within a 300 foot radius of the exterior project boundary, but not less than ten {10} properties
in the surrounding area. The notice shall include a reference as to where all documents are available for
review. The notice shall also appear in a newspaper of local circulation.
Where one or mare state agencies will be a Responsible Agency or a Trustee Agency or will exercise
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jurisdiction by law ouer natural resources affected by the project, the County shall send ten copies of the
Negative Declaration to the State Clearinghouse for distribution to the state agencies (§15073).
Public review period for a Negative Declaration shall be at least 20 calendar days. The review period for
a Negative Declaration which has been submitted to the State Clearinghouse shall be at least 30 calendar
days (Public Resources Code, Section 21091}.
D. TIME L1MffS: The Negative Declaration must be completed and ready far approval within 105 calendar
days from the date when the County accepted the application as complete. Approval of the Negative
Declaration by the hearing body may occur at a later date {§15107). Any unreasonable delays resulting
from failure of the applicant to provide information requested by the County and necessary to complete the
Negative Declaration, shall suspend these limits (§15109).
E. CONSIDERATION AND APPROVAL OF NEGATNE DECLARATIONS (§15074): Prior to project
approval, the hearing body responsible for approval of the project shall consider the proposed Negative
Declaration with any comments received during the review process:
a) The hearing body shall approve the Negative Declaration if it finds on the basis of the Initial Study,
and comments received, that there is no substantial evidence of significant effects on the
environment.
b} The Negative Declaration shall reflect the County's independentjudgmentavd analysis.
c) The County shall inform, through public notice, the location and custodian of documents or other
material which constitutes the record.
d) When a Mitigated Negative Declaration is adopted, the County shall adopt a mitigation monitoring
program (PRC §21081.6}.
e) A Negative Declaration cannnot be adopted for a project within the boundaries of a comprehensive
airort land use plan without first consiering safety and noise issues {PRC §21096).
F. NOTICE OF DETERMINATION (§15075}: After deciding to carry out or approve a project for which a
Negative Declaration has been approved, the County shall file a Notice of Determination with the County
Clerk within fare (5) working days. The Notice of Determination shall be posted with the County Clerk within
24 hours of receipt from a lead agency and remain posted for at least 30 calendar days. The County must
then retain the notice for not less than 9 months. Filing and pasting the Notice of Determination starts a
30 calendar day statute of limitations on court challenges to CEQA approvals. Failing to file the Notice of
Determination within the required time period extends the statute of limitations to 180 calendar days. If the
project requires a discretionary approval from any State agency, the notice shall also be filed with the
Governor's Office of Planning and Research.
Public Review: The review period for a Negative Declaration shall not be less than 20 calendar days (30
calendar days when the document is submitted to the State Clearinghouse}.
V111. ENVIRONMENTAL IMPACT REPORTS (E1Rs}
The EIR process starts with the decision to prepare an EIR. This decision will be made either during preliminary
review (Guidelines, §15060} or at the conclusion of an Initial Study (§15064}.
A. DECISION TO PREPARE AN EIR (§15063): If the Initial Study determines that a project may have a
significant effect on the environment, which cannot be eliminated by changing the project or adding
mitigation measures, the County shall initiate the preparation of an EIR. If the County can determine that
an EIR will clearly be required for the project, an Initial Study is not required but may still be desirable.
The Director of Development Services, or the Directors designee, will determine whether an EIR is required
within 30 calendar days of determining the application complete. A 15 calendar day extension may be
approved upon consent of the applicant.
B. SCOPE OF AN EIR (§15082): The breadth of analysis in the EIR shall be determined by the Initial Study,
Department of Development Services ~ Planning Division
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comments of the County staff, and responses to the Notice of Preparation. The EIR should focus on
potentially significant impacts, and need not discuss items determined to be insignificant by the Initial Study,
or items not raised in response to the Notice of Preparation. For projects of unusual scope or complexity,
County staff may hold a community scoping meeting.
C. LETTER TO APPLICANT: Prior to the preparation and distribution of the Notice of Preparation, the County
shall send to the applicant a letter giving notice of the need for an EIR. V1lrthin fifteen (15}calendar days
the applicant shall notify the County in writing of his/her agreement to proceed with-ar>ftR:-~aiture of the
applicant to respond in writing within this time period shall result in the scheduling of the project for hearing
with a recommendation of Denial Without Prejudice.
In the letter to the applicant, the County shall include information regarding appeal procedure, fees for EIR
administration, the scope of the EIR coverage (with the Initial Study attached), and directions to the
applicant on how to proceed. These directions shall include: description of the County's consultant
selection process, and directions regarding the Gounty/applicant/consultant three-party contract.
D. APPEAL: If the applicant wishes to appeal the County's finding that an EIR is required, the applicant shall
file an appeal within 10 calendar days of the date of mailing the letter. The applicant shall submit, along
with the appropriate filing fee, a letter specifying the reasons why an EIR should not be required. The
appeal shall be filed with the Planning Division of Development Services. Action on these appeals shall
be heard by the decision-making body for the project.
E. NOTICE OF PREPARATION (§15082): After determining that an EIR is required, and upon written
confirmation of acceptance by the applicant of the need to prepare an EIR, the County shall prepare and
distribute a Notice of Preparation {NOP) for an EIR. The NOP shall consist of the Notice of Preparation
form and include a copy of the Initial Study. If any State agency is affected the Notice shall be sent to the
State Clearinghouse in the Office of Planning and Research for distribution.
Response to Notice of Preparation. Each Responsible Agency shall provide a response within 30
calendar days after receiving the Notice of Preparation. tf a Responsible Agency fails to reply within 30
calendar days with either a response or a request for additional time, the County may assume that the
Responsible Agency has no response to make.
F. CONSULTANT SELECTION PROCEDURE:
Once it has been determined that an EIR is required in accordance with the process described above the
consultant selection process can begin. The County will select approximately five (5) consultants from the
approved list of EIR consultants. It should be noted that the County has many local consultants who are
well qualified to be used as prime and subconsuftants for EIRs. It is the desire of the County to utilize local
consultants when possible and feasible. The County will start at the top of the approved list and proceed
down the list selecting the next consultants in line. The approved consultant list will contain consultants
listed in random order re-established each time the list is updated. As part of the consultant selection
process the applicant will be asked to review and approve the consultants chosen and to verify that there
is no conflict of interest with the applicant. The applicant can request that another consultant on the
approved list be substituted for one or more of the consultants initially selected by the County. The list will
be updated twice a year to add consultants and to remove those consultants who no longer provide
environmental services.
After the selection of free consultants the County shall prepare a letter of interest with a brief scope of work
requesting that each consultant express their interest in submitting a proposal. Upon determination that
at least a group of five consultants desire to propose, the County shall set and hold apre-proposal meeting
with interested consultants and the applicant. Prior to or at the meeting the County will provide the
consultants with a detailed project description and supporting material and maps, advise them of the areas
of concern, and specify the extent of analysis desired. The consultants will have the opportunity to ask
questions of the County staff and the applicant at the pre-proposal meeting. Any questions that do arise
Department of Development Services ~ Planning Division ~
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after the close of the pre-proposal meeting must be directed through County staff. If the questions affect
the final content of the request for proposal or the scope of work, County staff will inform all consultants
by phone.
The preparation of the consultant proposal shall conform to the format and content specified in the
County's Request for Proposal. ft should be noted that it is the intent of the County to ask for the applicant's
review of all proposals and the applicant's review and ranking of the consultants.--The County-wilFconsider
the applicant's recommendations; however, in the final selection of the consultant shall 6e maii-e-6y the
County. Prior to executing any contract, the consultant retained by the County shall file a statement of
economic interest with the County Clerk, demonstrate possession of liability insurance and statutory
workers compensation coverage acceptable to the County.
If consultants are retained for the preparation of environmental documents and the project is not initiated
by the County, the applicant shall be responsible far the expenses involved in the preparation of the
environmental documents. The selection of a consultant and execution of a contract shall be completed
in accordance with the requirements of state law.
G. FEES. To begin the EIR preparation process the applicant shall submit to the Planning Division:
A letter to the County, accepting the County's decision requiring an EIR;
A deposit to the County of approximately one-third the estimated cost of the EIR as a `good-faith'
deposit;
An EIR administration fee of 10% of the total estimated cast of the EIR, but not less than $2,500
to account far time & materials. This fee shall be paid in full, in advance.
H. EXECUTION OF CONTRACT: The contract for consultant services shall be a tri-party agreement which
includes the County, the applicant, and the consultant. The contract shall reference the scope of work,
include the preparation of the administrative draft, draft EIR, and Final EIR, attendance at public hearings,
preparation of the response to comments, and reproduction costs. The selection of a consultant and
execution of a contract shall be completed within 45 calendar days from date application has been
determined to be complete.
1. PREPARATION OF ADMINISTRATNE DRAFT EIR (§15084): The Administrative Draft of the EIR is
considered a working document to be circulated among County staff and any responsible agency, if
appropriate. The consultant shall submit a minimum of five (5) copies of the Administrative Draft EIR for
staff and applicant review. The purpose of staff review is to evaluate the EIR for adequacy and accuracy
prior to public arculation. Generally, review of the administrative draft EIR is concluded within a few weeks,
after which comments are provided to the consultant, who prepares the draft EIR for publication and
distribution.
J. NOTICE OF COMPLETION OF A DRAFT E1R (§15085): As soon as the draft EIR is completed and ready
for public circulation, a Notice of Completion shall be filed with the Governor's Office of Planning and
Research (OPR}, 1400 10th Street, Room 121, Sacramento, CA 95814. Receipt of this notice by OPR
will initiate the mandatory 45 calendar day review period for draft E1Rs. The State Clearinghouse may set
shorter review periods when requested by the County due to exceptional circumstances.
K. PUBLIC REVIEW OF DRAFT EIRs {§15087): At the time the Notice of Completion is filed with OPR, the
County shall provide notice of the availability of a draft EIR by means of a public notice in a local
newspaper. Additional notice shall be provided by direct mailing to property owners within 300' of the site.
The public notice shall include the name of the staff person to contact, length of the review period, and
deadline for receipt of comments. The public notice shall inform the public of the presence of hazardous
wastes. Copies of the draft EIR will be made available at all County libraries, the public counter at the
Department of Development Services, Planning Division, and County Administration Offices. Copies of the
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draft EIR will be made available for purchase at local printinglcopying companies. The public review period
for a draft EIR shall not be less than 30 calendar days (45 calendar days when the document s submitted
to the State Clearinghouse}. The State Clearinghouse is authorized to allow a shorter review period for
submitted draft EIRs of 30 calendar days (PRC §21091).
L. PUBtJC HEARING ON DRAFT EIR: A public hearing held before the approving body shall be conducted
to solicit additional comments on the draft EIR. Notice of the hearing shall be provided by means provided
in subsection K, above, andlor by other additional means as determined by the Director 6f-Deve-i"opment
Services, or his designee. The public hearing shall be scheduled during the review period, prior to the last
week of the 45 day review period. For clarity and accuracy of the record, written comments are
encouraged in conjunction with, or in lieu of, oral testimony. The hearing body may extend the comment
period and continue the public hearing, if additional time is warranted.
M. EVALUATION OF RESPONSES TO COMMENTS (§15088): After the. review period for the draft EIR
closes, staff will assemble all written comments and summary minutes of comments made at the
public hearing{s) and transmit this package to the consultant for preparation of the "Response to the
Comments." Staff will work closely with the consultant to determine:
a. Which comments address environmental impacts and mitigation{s). These comments shall be
responded to by the consuttanUstaff;
b. Which comments address the merits of the project (as distinguished from environmental impacts
of the project} and do not require a response, but should be noted for the record;
c. Which comments are beyond the scope of environmental review (such as legal interpretations};
and
d. Which comments on impacts are too speculative for evaluation.
Responses shall be provided for all comments. At least ten {10) calendar days before certifying the EIR,
the response to comments document must be provided to all agenaes or individuals who request response
to their comments.
N. PREPARATION OF THE FINAL ElR (§15Q89}: The final EIR will consist of the draft EIR unchanged,
copies of comments received, the response to comments and a list of persons and organizations who
made comments.
O. CERTIFICATION OF THE FINAL EIR AND TIME LIMITS: The approving body shall certify the final EIR
for private projecfs within one year of accepting the application for the project as complete. Upon consent
of the applicant and the County, the one-year limit may be extended a maximum of an additional 90
calendar days. Delays by the applicant in providing necessary information to complete the final EIR shall
suspend these time periods. In certifying the final EIR the approving body shall find that the final EIR was
prepared in compliance with CEQA, was reviewed and considered prior to project approval, and reflects
the independent judgment of the County.
P. FINDINGS (§15Q91): The County shall not approve or cony out a project for which a certified EIR identifies
one or more significant environmental effects unless written findings for each of the significant effects,
accompanied by a brief explanation of the rationale for each finding are made. Findings must be supported
by substantial evidence in the record of project review. The possible findings are:
Changes have been required, or incorporated into, the project that avoid or substantially lessen
the significant environmental effects as identified in the certified final EIR. Necessary changes are
generally identified after preparing the Initial Study.
2. Changes that would avoid ar substantially lessen the significant environmental effects are within
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the jurisdiction of another public agency or have already been adopted by another agency.
3. Specific economic, social or other considerations make the identified mitigation measures or
project alternatives infeasible.
Q. APPROVAL: After considering the final EIR and certifying this document as adequate, the hearing body
shall not approve a project for which an EIR was prepared unless the project asapproved ~cn"ltnct have a
significant effect on the environment, or all avoidable significant effects on the environment have been
eliminated or substantially lessened; or any remaining significant effects on the environment are
determined to be unavoidable and acceptable based on the findings described above.
R. STATEMENT OF OVERRIDING CONSIDERATIONS (§15093): If the benefits of a proposed project
outweigh the unavoidable adverse effects, such effects may be considered "acceptable." The County shall
take into consideration economic, legal, social and technological benefits for consideration when
determining if the benefiCs outweigh the significant effects. If the County approves a project that allows the
occurrence of significant effects, it shall adopt a Statement of Overriding Considerations as part of the
project approval that states specific reasons to support its action based on the certified final EIR and/or
other information in the record. This Statement of Overriding Considerations shall be in writing. The
consultant who prepared the draft and final EIR shall be responsible for drafting the findings, subject to
review and approval by the decision-making body.
S. NOTICE OF DETERMINATION: A Notice must be filed within five (5) working days of project approval
when an EIR has been prepared and certified for the project. The Notice shall be posted with the County
Clerk within twenty-four {24) hours of receipt from the lead agency and remain posted for at least 30 days.
The County shall retain the notice for not less than nine months. If the project requires discretionary
approval from a state agency, the Notice of Determination shall also be filed with the Office of Planning and
Research.
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VII. MITIGATION MONITORING ANDtOR REPORTING PROGRAM
Mitigation measures are specific requirements which will minimize, avoid, rectify, reduce, eliminate, or compensate
for significant environmental effects. A monitoring and reporting program's effectiveness depends in large part upon
the quality of the mitigation measures themselves. Poorly drafted measures are not only difficult to implement, they
are difficult to report on and monitor.
Definitions: ~---~-~
Monitoring: the observation and oversight of mitigation activities at a project site.
Reporting: the communication of the monitoring results to agencies and the public.
Paper Mitigation: refers to program-level (orplanned-level) mitigations {versus development-level mitigations}.
Program-level mitigations require review and approval of plans, designs, programs, etc., usually at the pre-
construction stage prior to final map approval.
A. PROCESSING OF MITIGATION MONITORING AND/OR REPORTING PROGRAM: ROLES AND
RESPONSIBILITIES
Administrative Resaonsibilities
ft shall be the overall responsibility of the Director of Development Services, or the Director's designee, to
perform the duties of Mitigation Coordinator. The Director shall assign the responsibilities of the Monitoring
andtor Reporting program to the Environmental Coordinator or other person(s) hired to implement the
program.
Monitoring Responsibility
The Environmental Coordinator (EC) shall be responsible for:
a) Coordinating the monitoring tasks and verification program;
b) Ensuring that the project proponent prepares a compliance schedule;
c) Coordinating monitoring by various County departments and other agencies;
d) Processing and filing compliance reports and verification reports; and
e) Preparing an annual environmental monitoring report.
The Environmental Coordinator shall submit regular progress and verification reports to the Director of
Development Services. The Enviranrnental Coordinator shall prepare an annual environmental monitoring
report summarizing the results of the County's Mitigation Monitoring and Reporting Program. This report
shall be submitted to the Director. The report will include information on deficiencies, corrective measures
taken, and suggestions for more effective future mitigation measures.
Selection of Monitor
The Director of Development Services or the Director's designee shall be responsible for selecting the
persons} or firm(s) hired by the County , in consultation with the project developer, to monitor the Mitigation
and Reporting Program for each project. In all cases, the person(s) or firm(s) responsible for monitoring
shall have suffiaent expertise to determine whether or not the mitigation measure has been accomplished.
^ Department of Development Services ^ Planning Division ^
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Enforcement Resaonsibil
The Environmental Coordinator is authorized to enforce compliance with the Monitoring Program. When
compliance is lacking or incomplete, the Environmental Coordinator is empowered to either stop work,
temporarily stop work, or allow work to continue while compliance is being achieved.
xemptions -Limitations
Any deviation from the adopted mitigation measures can only be amended or deleted by the approving
body. All mitigation measures shall be met unless the circumstances or conditions that required the
mitigation no longer exist.
B. PREPARATION OF MONITORING AND/OR REPORTING PROGRAM
A Mitigation Monitoring and/or Reporting Program shall be prepared by the EIR consultant for every project
for which an EIR was prepared where mitigation measures were adopted by the approving body. The
Program shall contain the following:
1. A statement that the requirements of the adopted Program run with the real property on which the
project is located. Successive owners, heirs, and assigns of this real property are bound to comply
with all of the requirements of the adopted Program.
2. A statement which specifies the responsibilities of the applicant and the Environmental
Coordinator, or his or her designee, as well as any professional expertise on completion or
evaluation of any part of the Program.
3. The time requirements, schedule, phases or tasks for each mitigation measure that will, upon
completion, result in issuance of a Program Completion letter from the Environmental Goordinator.
The Mitigation Monitoring and Reporting Program shall be written to maintain consistency with the project
as approved. tt shall be the responsibility of the Environmental Goordinator to determine that the proposed
Mitigation Monitoring Program complies with County requirements.
Program Completion Letter
Determination . ft shall be the responsibility of the Environmental Coordinator to determine compliance
with each of the required mitigation measures. Once all of the mitigation measures have been met, the
EC will prepare and mail a letter to the applicant indicating full compliance with the Mitigation Monitoring
and Reporting Program for the project ar phase. Should there be an ongoing mitigation measure
imposed, the EC shall prepare and mail a letter to the applicant upon completion of all mitigation measures
and indicate the on-going need of the mitigation measure and the necessary time frame for follow-up.
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APPENDIX A
CEQA: LIST OF EFFECTS &
PROJECTS/NONPROJECTS
EFFECTS NOR:MALL~ CONSIDERED SIGNIFICANT
(CEQA Guidelines Appendix G)
A project will normally have a significant environmental effect if it will: ---- ---------------
1. Conflict with adopted environmental plans and community goals
2. Have a substantial, demonstrable negative aesthetic effect
3. Substantially interfere with the movement of resident ar migratory fish or wildlife
4. Breach published standards relating to solid waste or litter control
5. Substantially degrade water quality
6. Contaminate a public water supply
7. Substantially degrade or deplete groundwater resources
8. Interfere substantially with groundwater recharge
9. Disrupt or adversely affect a cultural resource
10. Induce substantial growth or concentration of population
11. Cause a traffic increase that is substantial in relation to existing street traffic load and
capacity
12. Displace a large number of people
13. Encourage activities using large amounts of fuel, water, or energy
14. Use fuel, water, or energy wastefully
15. Increase ambient noise levels substantially
16. Cause substantial flooding, erosion, ar siltation
17. Expose people or structures to major geologic hazards
18. Extend a sewer trunk line with capacity to service new development
19. Substantially diminish habitat for fish, wildlife, or plans
20. Disrupt or divide the physical arrangement of an established community
21. Create a potential public health hazard or expose people or animals and plants to hazards
22. Conflict with established recreational, educational, religious, or scientific uses
23. Violate any ambient air quality standard, contribute substantially to an existing ar
projected air quality violation, or expose sensitive receptors to substantial pollutant
concentrations
24. Convert primate agrcultural land to nonagricultural use or impair productivity of prime
agricultural land
25. Interfere with emergency response plans or emergency evacuation
PROJECTS
(CEQA Guidelines ~ 15378)
1. Public works projects, including but not limited to construction or related activities,
clearing and grading of land, and improvements to exisitng structures __. __ . __..__
2. Adoption or amendment of general plan or elements
3. Enactment or amendment of zoning ordinances
4. Issuance of zoning variances and conditional use permtis
5. Approval of tentative map
6. Approval of site development permits
7. Enactment of certain ordinances other than zoning or general plans
8. Building permits involving exercises of discretion
9. Grading permits for major grading projects
14. Approval by LAFCo of proposed annexations and de~annexations
11. LAFCo adoption of revised sphere of influence guidelines
12. Local transportation authorities adoption of a regional transportation plan
13. Adoption of a redevelopment plan
14. Discharge of wastewater
NON-PROJECTS
1. Construction of a transmission line under 240Kv
2. Adopton of an ordinance increasing rates and water connection fees
3. Adoption of a rent control ordinance
4. Continuing administrative or maintenance activities
5. Submittal of a proposal to a vote of the people
3
APPENDIX B
STATUTORY EXEMPTIOI~IS
CATEGORICAL EXEMPTIONS
STATUTORY EXEMPTIONS
(CEQA GUIDELINES Article 18)
I. Grandfathered projects
II. Ministerial projects: --~-~-~-~--~---
I . Issuance of building, plumbing, mechanical, electrical, well and septic permits;
2. Approval of final subdivision and parcel maps;
3. Approval of individual utility service connections and disconnections;
4. Issuance of various Health Department permits including retail food market,
restaurant, food vehicle and drainage trench permits;
5. Issuance of highway transportation permits;
6. Business licenses;
7. Reconstruction of existing highways, streets and roads, and resurfacing with
bituminous seal coat and asphalt concrete overlay within already established rights-
of-way.
III. Emergencies
IV. Disapprovals of projects
V. Early activities related to power plants
VI. Olympic games
VII. Setting of rates, tolls, fares, or other charges
VIII. Actions taken to implement Proposition 13
IX. Transit projects in existing rail lines, highways or rights-of--way
X. Addition of regional or state transportation improvement programs
XI. Projects outside California subject to NEPA or another "little NEPA"
XII. Local agency rules to implement a state certified regulatory program
XIII. Specific prisons
XIV. Feasibility or planning studies
XV. Coastal act approvals
1
XVL OPR general plan time extensions
XVII. HCD financial assistance for low- and moderate-income housing
XVIII, State Lands Commission title and boundary settlements
XIX. Railroad grade separations
XX. Senior housing or second unit ordinances
XXI. K-12 school closings
XXII, Street or highway restriping
XXIII, Pipelines of less than 1 mile in public rights-of--way
XXN. SWRCB waste discharge requirements under Clean Water Act
XXV. Adoption of timber preserve zones
XXVI. Local shade control ordinances
XXV1I. Daycare homes with 7-12 children
2
Class 1:
Class 2:
Class 3:
Class 4:
Class 5:
Class 6:
Class 7:
Class 8:
Class 9:
Class 10:
Class 11:
Class 12:
Class 13:
Class 14:
Class 15:
Class 16:
Class 17:
Class 18:
Class 19:
Class 20:
CATEGORICAL EXEMPTIONS
(CEQA GUIDELINES Article 19}
Modifications to ezisting facilities
Replacement or reconstruction of ezisting facilities ~~~-
New construction or conversion of small structures
Minor alterations to land
Minor alterations in land use limitations
Information collection
Actions by regulatory agencies for protection of natural resources
Actions by regulatory agencies far protection of the environment
Inspections
Veteran loans
Accessory structures
Surplus government property sales
Land acquisition for wildlife conservation purposes
Minor additions to schools
Minor land division
Transfer of ownership of land to create parks
Open space contracts or easements
Designation of wilderness areas
Annezations of eaisiting facilities and Lots for ezempt facilities
Changes in local agency organizations
3
Class 21: Enforcement actions by regulatory agencies
Class 22: Educational or training programs
Class 23: Normal operations of facilities for public gatherings
Class 24: Regulation of working conditions
Class 25: Transfers of ownership of interest in land to preserve open space
Class 26: Acquisition of housing for housing assistance programs
Class 27: Leasing new facilities
Class 28: Small hydroelectric project at existing facilities
Class 29: Cogeneration projects at existing facilities
4
APPENDIX C
ENVIRONMENTAL INFOP;IVIATION FORM
COUNTY OF BUTTE
ENVIRONMENTAL INFORMATION FORM
(To be Completed By Project Applicant)
General Infannation:
1. Name and address of owner, and/or developer, andlor project sponsor:
__
Address of project:
Assessor's Parcel Number:
3. Name, address, and telephone number of person to be contacted concerning this project:
4. List and describe any other related permits and other public approvals required for this project, including
those required by city, regional, state and federal agencies:
5. Existing general plan designation:
6.
7.
Existing zoning district:
How is land currently used?
8. Proposed use of site (Project for which this form is filed):
Date Filed - -- -----
Project Description:
9. Site size: (AcreslSq. Feet)
10. Off-street parking spaces: Full size:
11. Plans attached Yes No
12. Proposed development schedule
Compact: Total:
13. Associated projects,
14. Anticipated incremental or phased development
Attach description of project containing the fallowing information:
15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of
household size expected.
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales
area and loading facilrbes.
17. If industrial, indicate type, estimated employment per shift, and loading facilities.
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading
facilities, and community benefits to be derived from the project.
Butte County Department of Development Services 0 Planning Division ~
1
19. If the project involves a variance, conditional use, rezoning application, or any development permits, state
this and indicate clearly why the application is required. If permits have already been issued, please attach
as Exhibit
Are the following items applicable to the project or its effects? Discuss below all items
checked yes (attach additional sheets as necessary).
YES _ _-__NO..__...._....
20. Change in existing features of any hills, buttes, canyons
or substantial alteration of ground contours.
21. Change in scenic views or vistas from existing residential
areas or public lands or roads.
22. Change in pattern or character of general area of project. _
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity. - _
25. Ghange in bay, lake, river, stream or ground water quality
or quantity, or alteration of existing drainage patterns. _
26. Substantial change in existing noise or vibration levels
in the vicinity.
27. Site on filled land or on slopes of 10 percent or more.
28. Use of, or disposal of potentially hazardous materials,
such as toxic substances, flammable or explosives.
29. Substantial change in demand for municipal services
{police, fire, water, sewage, etc. including special districts}.
30. Substantially increase fossil fuel consumption
(electricity, oil, natural gas, etc.}.
31. Relationship to a larger project or series of projects.
^ Butte County Department of Development Services ^ Planning Division ^
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Environmental Setting: (Attach brief description)
32. Describe the project site as it e>osts before the project, including information on topography, soil stability,
plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the
site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be
accepted.
33. Describe the surrounding properties, including information on plants and animalsand any Guttural,--- --
historical, or scenic aspects. Indicate the type of land use (residential, commerciat~j;intensityt~f-iand
use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height,
frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be
accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and information
required for this initial evaluation to the best of my abil'~ty, and that the facts, statements, and information presented
are true and correct to the best of my knowledge and belief.
Date Signature for
K:\FORMS\SUSMITI"AL\ENV-INFO
0 Butte County Department of Development Services ~ Planning Division 0
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APPENDIX D
ENVIRONMENTAL CHECKLIST: INITIAL STUDY '
Project: Name, File #
COUNTY OF BUTTE
INITIAL STUDY
EVALUATION OF ENVIRONMENTAL IMPACTS - -~-- --
I. BACKGROUND:
1. Name of Propone
2. Address Phone
3. Name of Proposal, if applicable
4. Type of Proj
5. Project Description and Location of Parcel(s)
6. Assessor's Parcel Numbers
7. Date Checklist Submitted
11. DETERMINATION:
On the basis of this initial evaluation:
# I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
# I find that although the proposed project COULD have a significant effect on the environment, there
will NOT be a significant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A NEGATIVE DECLARATION with mitigation{s) will be
prepared.
# I find that the proposed project COULD have a significant effect 'on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
Prepared by:
Reviewed by:
Date
For
^ Butte County Department of Development Services ~ Planning Division D
1
Project: :Name, File
III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below could be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
^ Land Use and Planning ^ TransportationJCirculation ^ Public Services-=__
^ Population and Housing ^ Biological Resources ^ Utilities and Service
Systems
^ Geophysical ^ Energy and Mineral Resources ^ Aesthetics
^ Water ^ Hazards ^ Cultural Resources
G Air Quality ^ Noise ^ Recreation
EVALUATION OF ENVIRONMENTAL IMPACTS:
1 } A brief explanafion is required for all answers except "No Impact" answers that are adequately
supporfed by the information sources a lead agency cites in the parentheses following each question.
A "No Impact' answer is adequately supported if the referenced information sources show that the
impact simply does not apply to projects like the one involved {e.g. the project falls outside a fault
rupture zone). A "No Impact" answer should be explained where it is based on project-specific
screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as operational
impacts.
3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant
if there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR
is required.
4} "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact' to a "Less than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce
the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may
be cross-referenced}.
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an
effect has been adequately analyzed in a earlier EIR or negative declaration. Section 15063(c)(3)(D).
Earlier analyses are discussed in Section XVII at the end of the checklist.
6) Lead agenaes are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g. general plans, zoning ordinances}. Reference to a previously prepared or
outside document should, where appropriate, include a reference to the page or pages where the
statement is substantiated. A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
^ Butte County Department of Development Services G Planning Division ^
2
Project: :Name, File ~
Potentially
Significant
Impact
IV. ENVIRONMENTAL IMPACTS:
1. LAND USE AND PLANNING. Would the proposal.-
a) Conflict with general plan
designation or zoning?
b) Conflict with applicable
environmental plans or policies
adopted by agencies with
jurisdiction over the project?
c) Be incompatible with existing land
use in the vicinity?
d) Affect agricultural resources or
operations (e.g., impacts to soils or
farmlands, or impacts from
incompatible land uses)?
e) Disrupt or divide the physical
arrangement of an established
community including a low-income
or minority community}?
Response:
Mitigation:
2. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official
regional or local population
projections?
b) Induce substantial growth in
an area either directly or indirectly
(e.g., through projects in an
undeveloped area or extension of
major infrastructure)?
c) Displace existing housing,
especially affordable housing?
Response:
Mitigation:
Potentially
Significant Less
Unless Than
Mitigation Significant No
Incorporated Impact Impact
^ Butte County Department of Development Services ^ Planning Division ^
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Project: ;Name, File
Potentially
Significant Less
Potentially Unless Than
Significant Mitigation Significant
Impact Incorporated Impact
3. GEOPHYSICAL. Would the propo sal result in or -
~~~
~
expose people to potential im pacts involving: _
_
a) Seismicity: fault rupture?
b) Seismicity: ground shaking!
liquefaction?
c) Seismicity: seiche?
d) Landslides or mudslides?
e) Erosion, changes in topography
ar unstable soil conditions from
excavation, grading or fill?
f} Subsidence of the land?
g) Expansive sails?
h) Unique geologic or physical
features?
Response:
Mitigation:
4. WATER. Would the proposal result in:
a) Changes in absorption rates,
drainage patterns, or the rate
and amount of surface runoff?
b) Exposure of people or property
to water related hazards such as
flooding?
c} Discharge into surface waters
or other alteration of surface water
quality (e.g. temperature, dissolved
oxygen or turbidity)?
d) Changes in the amount of surface
water in any water body?
e) Changes in currents, or the
course or direction of water
movements?
No
Impact
^ Butte County Department of Development Services ^ Planning Division ^
d
Project: dame, File ~#
f} Change in the quantity of
ground waters, either through direct
additions or withdrawals, or through
interception of an aquifer by cuts or
excavation?
g} Altered direction or rate of flow
of groundwater?
h) Impacts to groundwater quality?
Response:
Mitigation:
5. AIR QUALITY. Would the proposal
a) Volate any air quality standard or
contribute to an existing or projected
air quality violation?
b) Expose sensitive receptors to
pollutants?
c) Alter air movement, moisture, or
temperature, or cause any change in
climate?
d} Create objectionable odors?
Response:
Mitigation:
6. TRANSPORTATION/CIRCULATION.
Would the proposal result in:
a) Increased vehicle trips or traffic
congestion?
b) Hazards to safety from design
features (e.g. sharp curves or
dangerous intersections) or incompatible
uses {e.g. farm equipment)?
c) Inadequate emergency access or
access to nearby uses
Potentially
Significant Less
Potentially Unless Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
^ Butte County Department of Development Services ^ Planning Division ^
5
Project: tiame, File x
Potentialty
Significant Less
Potentially Unless Than
Significant Mitigation Significant fJo
Impact Incorporated Impact Impact
d} Insufficient parking capacity onsite!
offsite?
e} Hazards or barriers for pedestrians or
bicyclists?
f) Conflicts with adopted policies
supporting alternative transportation
(e.g. bus turnouts, bicycle racks)?
g) Rail, waterborne or air traffic
impacts?
h) Substantial impact upon ea~sting
transportation systems, including
public transportation services?
Response:
Mitigation:
7. BIOLOGICAL RESOURCES.
Would the proposal result in impacts to:
a} Endangered, threatened or rare
species or their habitats (including but
not limited to plants, fish, insects,
animals, and birds)?
b) Locally designated species (e.g.
heritage trees)?
c) Locally designated natural
communities (e.g. oak forest, etc.)?
d} Wetland habitat (e.g. marsh,
riparian and vernal pool)?
e) Wildlife dispersal or migration
corridors?
Response:
Mitigation:
Butte County Department of Development Services ^ Planning Division ^
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Project: Name, File d
Potentially
Signficant
Impact
8. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy
conservation plans?
b) Use non-renewable resources in a
wasteful and inefficient manne-?
c) Conflict with the extraction of
identified, significant mineral
resources?
Response:
Mitigation:
9. HAZARDS. Would the proposal involve:
a} A risk of accidental explosion or
release of hazardous substances
Including, but not limited to: oil,
pesticides, chemicals, or radiation)
b) Possible interference with an
emergency response plan or emergency
evacuation plan?
c) The creation of any health hazard
or potential health hazard?
d) Exposure of people to e~asting
sources of potential health hazards?
e) Increased fire hazard in areas with
flammable brush, grass, or trees?
Response:
Mitigation:
10. NOISE. Would the proposal result in:
a) Increases in existing noise levels?
b) Exposure of people to severe noise
levels?
Potentially
Significant Less
Unless Than
Mitigation Significant No
Incorporated Impact Impact
Butte County Department of Development Services O Planning Division []
7
Project: Name, File
Potentially
Significant
Impact
Response:
Mitigation:
11. PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or
altered government services in any of the
following areas:
a) Fire protection?
b} Police protection?
c) Schools?
d) Maintenance of public facilities,
including roads?
_ ..................
e) Other governmental services?
Resr~onse:
Mitigation:
12. UTILITIES AND SERVICE SYSTEMS. Would the
proposal result in a need for new systems or
substantial alterations to the following utilities•
a} Power or natural gas?
b) Communications systems?
c} t_ocal or regional water treatment
or distribution facilities?
d) Sewer or septic tanks?
e) Storm water drainage?
f} Solid waste disposal?
g) Special Districts?
Response:
Mitigation:
Potentially
Significant Less
Unless Than
Mitigation Significant No
Incorporated Impact Impact
^ Butte County Department of Development Services ^ Planning Division ^
8
Project: ~1ame, File
Potentially
Significant
Impact
13. AESTHETICS. Would the proposal:
a) Affect a scenic vista or designated
scenic highway?
b) Have a demonstrable negative
aesthetic effect?
c) Create light or glare?
Response:
Mitigation:
14. CULTURAL RESOURCES. Would the proposal
a) Disturb paleontological resources?
b) Disturb archaeological resources?
c) Affect historical resources?
d) Have the potential to cause a
physical change which would affect
unique ethnic cultural values?
e) Restrict e:asting religious or sacred
uses within the potential impact area?
Response:
Mitigation:
15. RECREATION. Would the proposal
a) Increase the demand for
neighborhood or regional parks or
other recreation facilities?
b) Affect ebsting recreational
opportunities?
Response:
Mitigation:
Potentially
Significant Less
Unless Than
Mitigation Significant No
Incorporated Impact Impact
^ Butte County Department of Development Services ^ Planning Division ^
9
Project: :tiame, File a
Potentially
Significant
Impact
Potentially
Significant Less
Unless Than
Mitigation Signficant
Incorporated Impact
No
Impact
16. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the
potential to degrade the quality of
the environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self-
sustaining levels, threaten to
eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant or animal or
eliminate important examples of the
major periods of California history
or prehistory?
b) Does the project have the
potential to achieve short-term
environmental goals, to the
disadvantage of long-term
environmental goals?
c) Does the project have impacts
that are individually limited,
but cumulatively considerable?
("Cumulatively considerable"
means that the incremental
effects of a project are
considerable when viewed in
connection with the effects of
past projects, the effects of
other current projects, and the
effects of probable future projects).
d} Does the project have environmental
effects which will cause substantial
adverse effects on human being, either
directly or indirectly?
Resaonse:
Mitigation:
Butte County Department of Development Services ^ Planning Division ^
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Project: Name, File #
V. MITIGATION MEASURES AND MONITORING REQUIREMENTS:
^ Butte County Department of Development Services ^ Planning Division ^
11
Project: Name, File d
DATA SHEET
A. Project Description
1. Type of Project:
2. Proposed Density of Development: _ _
3. Amount of Impervious Surfacing: T~_.___ _~____.__
4. Access and Nearest Public Road(s):
5. Method of Sewage Disposal: Individual septic systems.
6. Source of Water Supply: Individual wells.
7. Proximity of Power Lines: To property.
8. Potential for further land divisions and development: None under existing zoning.
B. Environmental Settin
1. Terrain
a General Topographic Character:
b. Slopes:
c. Elevation: feet above sea level.
d. Limiting Factors:
2. Soils
a. Types and Characteristics:
b. Limiting Factors:
3. Natural Hazards of the Land
a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII.
b. Erosion Potential:
c. Landslide Potential:
d. Fire Hazard:
e. Expansive Soil Potential:
4. Hydrology
a. Surface Water:
b. Ground Water: Unknown, potentially limited. Abundant valley aquifers.
c. Drainage Characteristics:
d. Annual Rainfall {normal): inches per year.
e. Limiting Factors:
5. VisuallScenic Quality: Good.
6. Acoustic Quality: Good.
7. Air Quality: Good, except when stagnant air conditions persist in the valley.
8. Vegetation:
9. Wildlife Habitat: Small birds and animals common to valley grasslands. Non-critical winter
habitat for the deer herd.
10. Archaeological and Historical Resources in the area: Sensitivity area.
11. Butte County General Plan designation:
12. Existing Zoning:
13. Existing Land Use on-site:
14. Surrounding Area:
a. Land Uses:
b. Zoning:
c. Gen. Plan Designation:
d. Parcel Sizes:
15. Character of Site and Area:
16. Nearest Urban Area:
17. Relevant Spheres of Influence:
^ Butte County Department of Development Services ^ Planning Division ^
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Project: name, File
18. Improvement Standards Urban Area:
19. Fire Protection Service:
a. Nearest County (State) Fire Station: Station number approximately miles away.
b. Water Availability: Fire tankers only.
20. Schools: Union School District(s).
ENVIRONMENTAL REFERENCE MATERIAL
1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element.
Oroville, CA: CH2M Hill, 1977.
2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element.
Oroville, CR: CH2M Hill, 1977.
3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Sa#ety Element.
Oroville, CA CH2M Hill, 1977.
4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA:
CH2M Hill, 1977.
5. Butte County Planning Department Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M
Hill, 1977.
6. Butte County Planning Department Noise Element Map IV-1, Scenic Highway Element. Oroville, CA:
CH2M Hill, 1977.
7. Butte County Planning department. Scenic Highways Map V-1, Scenic Highwav Element. Oroville,
CA: CH2M Hill, 1977.
8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element.
Oroville, CA: CH2M Hill, 1977.
9. Butte County Planning Department Archaeological Sensitivity Map. Oroville, CA: James P. Manning,
1983.
10. Butte County Planning Department. School District Map. Oroville, CA.
11. Northwestern District Department of Water Resources. Chico Nitrate Study Map. Nitrate Concentration
in Shallow Wells. The Resources Rgency, State of California, 1983.
12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178.
Oroville, CA: Butte County Planning Department, 1987.
13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management
Agency. 1989.
14. USGS Quad Maps.
15. Soil Map, Chico (1925)/Oroville (1926} Area. United States Department of Agriculture.
16. Soil Survey of Chico (1925)/Oroville (1926} Area. United States Department of Agriculture.
17. Butte County Planning Department. Butte County Fire Protection Jurisdiciions and Facilities Map.
Butte County Fire Department and California Department of Forestry, 1989.
^ Butte County Department of Development Services ^ Planning Division ^
13