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Home My WebLink About041-190-043 CF Archive (2)c DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR UP 05-10 (BaHou) 0 Project Name: Michael Ballou Use Permit, File # UP 05-10 ka COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR UP 05-10 (Ballon) 1.0 PROJECT INFORMATION A. Applicant/Owner: Michael Ballon B. Staff Contact: Carl Durling, (530) 538-7150, odurhng@buttecounty.net C. Project Name: Camelot Equestrian Park D. Project Location: West side of Clark Road (SR 191) approximately 1.8 miles north of SR 70 (Section 4, T20N R03E) E. Type of Application(s): Use Permit for seasonal equestrian events F. Assessor's Parcel Number. 041-190-043 G. Project Site Size: 160± acres (Complete Parcel 352 acres) H. Current Zonine: U (Unclassified, 20 -acre minimum parcel size) and SH (Scenic Highway) L General Plan Designation: Grazing and Open Land J. Environmental Setting: The project site is located in an unincorporated area in the central portion of Butte County, approximately 7.6 miles north of the city of Oroville in a rural setting. The project property and site consists of typical grazing range land with spring, winter and fall grasses. The property is surrounded by large undeveloped zZA15 range land parcels. The project property is undeveloped except for fencing, corrals, hay barn, well, small water storage tanks, existing power pole lines, and watering ponds. The project site has gentle topography, sloping from northeast to southwest. Three hillocks encompass the central portion of the property. The elevation of the property ranges from approximately 225 to 275 feet above sea level. The hillocks rise to as much as 375 feet. The overall project site has an average slope of approximately 1 to 2%, except for the hillocks. The current use is a private family cattle and riding ranch, with existing accessory structures, barn and corrals. There is no dwelling on the property. The property is traversed by Fallager Creek through the west central portion of the property, and by Dry Creek along the southeast boundary of the property. This southeast portion of the property contains a large grove area of cottonwood trees. A biological study of the area concluded the project "would not require any regulatory permitting or mitigation compensation." (Foothill Associates report dated March 17, 2006, see attached). This conclusion is reached "Because the proposed land uses are consistent with the existing conditions of the site...". The project site is not within a 100 -year flood zone, an earthquake zone, or an airport over flight zone. Access to the project site is off of Clark Road (State Highway 191), which is public, paved road K. Surrounding Land Uses: Direction General Plan Designation Existing Land Use(s) North Grazing and Open Land Unclassified Grazing land South Grazing and Open Land Unclassified Dry Creek and Grazing land East Grazing and Open Land Unclassified Clark Road and Grazing land Nest Grazing and Open Land Unclassified Grazing land L. Project Description: This project is a use permit to allow equestrian riding, training, education, and an event park as an off -agricultural seasonal use between April 1 and October 31 (see attached Land Conservation Act Committee minutes, June 30, 2005). Activities will include single -day learning sessions, and competitive events such as dressage, jumping and cross-country. All event facilities such as; corrals, jumps, porta-potties, offices and seating areas are temporary and the area will revert to agricultural uses ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 1 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 during the growing season. Overnight camping will be permitted during events. Typically participants camp with horse trailers and tents while traveling spectators and vendors stay in nearby hotels. The campground is informal, essentially an existing parking area with gravel road access. Porta -potties and trash receptacles will be located in and around this camping area. Up to 12 three-day events will be permitted during the season. Most three-day events will attract 100 to 300 participants plus vendors and spectators. Anticipated traffic for a 300 participant event is approximately 150 vehicles with trailers. Larger United States Equestrian Association (USEA) recognized events are anticipated to occur 1 to 3 times per season. A large USEA sanctioned event could attract 300 to 400 participants, 1000 spectators, and over 20 vendors. Anticipated traffic for these larger events is approximately 300 vehicles with trailers and 600 passenger vehicles. X Public Menu Approvals: Butte County Planning Division Butte County Building Division Butte County Fire Department/CDF Butte County Environmental Health Division Butte County Public Works Department California Regional Water Quality Control Board 2.0 DETERMINATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [Xj 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 revisions have been made by or agreed to by the project proponent A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IlVIPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standanls, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Carl Durling, Associate Planner Date Reviewed by: Charles Thistlethwaite, Planning 1Vlanager Date ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 2 of 32 ■ 59 Project Name: Michael Ballou Use Permit, File # UP 05-10 W- 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project; however, with the incorporation of mitigation measures, potentially significant project related impacts are reduce to a "less than significant" level (CEQA Guidelines 15382). [ ] 4.1 Aesthetics [X] 4.2 Agriculture Resources [X] 4.3 Air Quality [X] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [X] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [X] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [X] 4.13 Public Services [ J 4.14 Recreation [X] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [X] 4.17 Mandatory Findings of Significance 4.0 ENVIRONMENTAL IMPACTS: 4.1 AEsTHEnc/VisuAL RESOURCES: Impact Discussion. The project site is not located along a State scenic highway (Butte County General Plan Scenic Highway Map Figure SH -1). However, Butte County has established a SH (Scenic Highway) zone. The zone encompasses a depth of 350 feet from the centerline of designated roads, one of which is Clark Road. The only permitted use in this zone is a single family dwelling. However, "riding academies" are a permitted use by Use Permit. The proposed use is most similar to a riding academy where training in equestrian events and activities take place. The proposed use is situated approximately two miles north of State Highway 70. The family operations are currently conducted within the existing corrals, barns and accessory structures. The project site consists of existing accessory structures (including a hay barn west of Fallager Creek) and corrals, along with undeveloped grazing land property, cottonwood grove, and brush and trees within and along Dry Creek. Visually, the existing facilities are very similar to the headquarters of a cattle ranch, but without the dwelling. The proposed school activities and equestrian events will be temporary in nature, and thus not anticipated to cause a significant visual impact. No substantial conflicts with the established character or function of the surrounding community are anticipated Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 3 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant scant scant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista.? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic X buildings within a state scenic highway? c. Substantially degrade the existing visual character or X quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views X in the area? Impact Discussion. The project site is not located along a State scenic highway (Butte County General Plan Scenic Highway Map Figure SH -1). However, Butte County has established a SH (Scenic Highway) zone. The zone encompasses a depth of 350 feet from the centerline of designated roads, one of which is Clark Road. The only permitted use in this zone is a single family dwelling. However, "riding academies" are a permitted use by Use Permit. The proposed use is most similar to a riding academy where training in equestrian events and activities take place. The proposed use is situated approximately two miles north of State Highway 70. The family operations are currently conducted within the existing corrals, barns and accessory structures. The project site consists of existing accessory structures (including a hay barn west of Fallager Creek) and corrals, along with undeveloped grazing land property, cottonwood grove, and brush and trees within and along Dry Creek. Visually, the existing facilities are very similar to the headquarters of a cattle ranch, but without the dwelling. The proposed school activities and equestrian events will be temporary in nature, and thus not anticipated to cause a significant visual impact. No substantial conflicts with the established character or function of the surrounding community are anticipated Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 3 of 32 ■ Go Project Name: Michael Ballou Use Permit, File # UP 05-10 4.2 AGRICULTURE RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: cantcant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the X California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in X conversion of Farmland, to non-agricultural use? Impact Discussion: The project site is designated as Grazing and Open Land by the Land Use Map of the Butte County General Plan, which lists agricultural uses as Primary Uses. The site is zoned Unclassified, which allows for residential and agricultural uses by right, and other uses, such as proposed, by a conditional use permit, The soils on the project site have a Soil Conservation Service classification of VII, which are not prune agricultural soils and have lumtations that make them generally adequate only for livestock grazing or forestry. Continued agricultural uses would be possible based on the size of the parcel and that no existing agricultural production will be impacted because the activities are limited to the summer months. (Mitigation Measure #2) Large recognized events will most likely only occur one time per season until the facility has established a reputation. Once a reputation has been established, a large USEA sanctioned event could attract 300 to 400 participants, 1000 spectators, and over 20 vendors. Anticipated traffic for these larger events is approximately 300 vehicles with trailers and 600 passenger vehicles. The project site is under a Williamson Act contract and, except for the parcel adjacent on the north under the same ownership; parcels surrounding the project site are subject to a Williamson Act agreement. The Butte County Land Conservation Act Advisory Committee (LCAAC) reviewed the proposed project including maps and project description. The LCAAC determined that the proposed project would be consistent with the provisions of the Williamson Act and the Contract on the property. This determination was based on the fact that the proposed use would be temporary in nature, confined to a specific area of the property, and activities would only take place during the summer, or off -growing, season. Thus, the activities would have a less than significant impact. As a part of the processing of this project, comments were sought from the Butte County Agricultural Commissioner's office. The Agricultural Commissioner's office stated that a condition should be placed on the Use Permit requiring an Agricultural Weed Maintenance Plan. (Mitigation Measure #1) Imposition of the following mitigation measures would reduce any impacts to less than significant. Mitintion Measure ##1: Place a condition on the Use Permit that states: "Prior to the first event or activity, prepare an Agricultural Weed Maintenance Plan, and obtain approval by the Agricultural Commissioner." Plan Requirements: This note shall also be placed on all building and site development plans and included as a condition of approval for the Use Permit. Timing: The "Plan" shall be approved prior to any event or activity. Monitoring: The Butte County Department of Development Services shall ensure that the "Plan" is approved by the Agricultural Commissioner prior to the first event or activity. ■ Butte County Department of Development Services ■ ■ initial Study — Michael Ballou UP 05-10 ■ Page 4 of 32 ■ ia Project Name: Michael Ballou Use Permit, File # UP 05-10 Mitigation Measure #2: Place a condition on the Use Permit that states: "All events and activities (excluding private family activities) shall be limited to the period of time beginning April l and continuing through October 30, with a maximum of 12 three- day events, and a maximum of three United States Equestrian Association (USEA) type events, are allowed with a maximum of 1,000 spectators. Agricultural uses, cattle grazing and dry hay farming, are the primary uses, and shall not be restricted by any use associated with the Use Permit" Plan Requirements: This note shall also be placed on all building and site development plans and included as a condition of approval for the Use Permit. Timing: Place the condition on the Use Permit Monitoring: The Butte County Department of Development Services in consultation with the Agricultural Commissioner and the LCAAC, shall periodically monitor the property for compliance. 4.3 AIR QUALITY: Would the proposal: PotendaRy •cant Less Than significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the X applicable air quality plan? b. Violate any air quality standard or contribute substantially to an existing or projected air quality X violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- -Lent under an applicable federal or state ambient X air quality ndard(including releasing emissions which exceed ' e thresholds for ozone recursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial X number of le? Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated cc 111m if these standards are met and "non -attainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" non -attainment areas for the state standards for ozone and fine particulate matter (PMio). Currently, Butte County is in auttauvment for all the federal (less stringent) air quality standards. Traffic generated by the proposed use permit will be confined to the dry summer months The total number of participants, including the clients, volunteers and instructors, could be as many as 300 people and 100 horses during a 3 -day event. Typically, these activities can create significant amounts of dust which would affect local air quality at various times during activities of the proposed project. The dry, windy climate of the area during the summer months creates a high potential for dust generation when and if underlying soils are disturbed by event activities including horse events and vehicle movements. During major 3 -day events, activities would have a high potential to generate dust whenever soil moisture is low and particularly when the wind is blowing. The effects of activities would be increased dust and locally elevated levels of particulates downwind of the activity. Dust has the potential to create a nuisance at nearby properties or at previously completed portions of the proposed project. In addition to nuisance effects, excess dust fall can increase maintenance and cleaning requirements and could adversely affect sensitive electronic devices. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 5 of 32 ■ 50 Project Name: Michael Ballou Use Permit, File # UP 05-10 The Butte County Air Qualify Management District (BCAQMD) recommends incorporating measures to control fugitive dust emission for all activities during project events, using such methods as site and driveway watering and/or use of other acceptable soil palliatives. Mitigation Measure # 3 is recommended that requires a Use Permit condition regarding dust control measures during events and activities. Mitigation Measure # 3: The following measures shall apply to all event activities. Place a condition on the Use Permit that states: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Parking areas are to be kept damp by applying water as a dust control measure during events. b. On-site vehicles shall be limited to a speed of 10 mph c. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions)." Plan Requirements: This note shall also be placed on all building and site development plans and included as a condition of approval for the Use Permit. Timing. Requirements of the condition shall be adhered to during all event and activity periods. Monitoring: The Butte County Department of Development Services shall ensure the measure is indicated on all site development plans. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potenfl2ft Significant Less Than scant Less Than Signifcant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status X species in local or regional plans, policies, or regulations, or by the California De�partrnent of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, x regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, X vernal pool, coastal, etc.) through direct removal, filling, hydrological ' 'on, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory X wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 6 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 Would the proposal: Potentially ' •cant Less Than ' •cant Less Than •cant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated protecting biological resources such as a tree reservation policy ordinance? E Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional, or state habitat conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, X threatened, or endan ered 'es of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, X amplu'bian % fish or invertebrates)? L A deterioration of existing fish or wildlife habitat (for foraging, breaft roosting, nesting, etc.)? j. Introduction of barriers to movement of any resident X or migratory fish or wildlife species? k. Introduction of any factors (light, fencing, noise, human presence and/or domestic which could X hinder the normal activities of wildlife? Impact Discussion: The project site is located in an area of extensive grazing lands. Vegetation consists of scattered gray pines, some buckbrush and poison oak, extensive open areas of range grasses. This southeast boundary area along Dry Creek has extensive cottonwood trees, and is also encumbered by a large grove area of scattered cottonwood trees trees. Dry Creek supports a diverse wildlife population, including deer, bobcat, raccoon, skunk, quail, turkey, squirrels, reptiles, and numerous species of birds. Due to the large size of the existing parcel, migratory and non -migratory deer may utilize the site. Many species of plants and animals within the State of California have low populations, limited distributions, or both Such species may be considered "rare" and are vulnerable to extirpation as the state's human population grows and the habitats these species occupy are converted to agricultural and urban uses. A sizable number of native species and animals have been formally designated as threatened or endangered under State and Federal endangered species legislation. Others have been designated as "Candidates" for such listing; still others have been designated as "Species of Special Concern" by the California Department of Fish and Game (CDFG). The California Native Plant Society (CLAPS) has developed its own set of lists of native plants considered rare, threatened or endangered. Collectively, these plants and s are referred to as "special status species." The California Natural Diversity Database (CNDDB Rarefied 2, Government Version, Jan -02-2003) was reviewed to determine if any spm status species or habitats occur on the project site or in the project area. The CNDDB showed an occurrence of Great Valley Cottonwood Riparian Forest along Dry Creek, but indicates there are no special status species or habitat, and therefore no impact. However, the area along Dry Creek has the potential to become an area of special status habitat and deserves protection. As stated above, the site does have a large cottonwood tree habitat area located in the southeast portion of the site. None of the proposed temporary uses or activities and events will endanger the cluster of these trees. However, uses and activities allowed to access Dry Creek could endanger or at least stress both flora and fauna along the creek. Therefore, a mitigation measure establishing a permanent fence line along the north bank of Dry Creek will be required as a condition of the Use Permit. (Mitigation Measure #4) Fallager Creek bisects the west half of the project property. Although an intermittent stream, much of the year the creek carries water. The flora habitat along and within the creek bed is well established. To insure against the ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 7 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 possibility of impacting potential existing and potential future significant flora, a 50 -foot no development and no activity setback is required as part of the Use Permit. Mitigation Measure #4) Establishment of the proposed project would not result in the loss in significant native habitat that would normally provide nesting, foraging, roosting, and denning opportunities for a wide variety of wildlife species. A biological study of the area concluded the project "would not require any regulatory permitting or mitigation compensation." (Foothill Associates report dated March 17, 2006). This conclusion is reached `Because the proposed land uses are consistent with the existing conditions of the site...". The area is already impacted due to the existing corral and the horses kept in it. This project does have the potential to have a significant impact to fish or wildlife habitat. The collection of Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required. The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan as there are no adopted plans affecting the project site. Mitigation Measure #4,- Place 4:Place a condition on the Use Permit that states: "Permanent fencing shall be established along the length of the north bank of Dry Creek, and a 50 -foot no development setback along Fallager Creek measured from each creek bank." Plan Requirements: This note shall also be placed on all building and site development plans and included as a condition of approval for the Use Permit'~ The site development plan shall be modified to show the fence line and no development zone. Timing: Requirements of the condition shall be approved prior to any event or activity. Monitoring. The Butte County Department of Development Services shall ensure that the "Zone" is established by site visit verification during random visits. 4.5 CULTURAL ]RESOURCES: Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a high archeological sensitivity. Often cultural resources are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water and streams. The project site is bounded by Dry Creek, a major stream Prehistoric and historic cultural sites have been recorded in the project area. The proposed event location does not contain any rock outcropping or rock shelters. Based upon the above information and the local topography, it appears that the project is located in an area considered to be sensitive for prehistoric, protohistoric, and historic cultural resources. Grading and other soil disturbance activities on the project site in relation to future development of the site, including events, have the ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 8 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant snificant 'cant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the sig i cane x of a historical resource as defined in § 15064.5? b. Cause a substantial adverse change in the significance of X an archaeological resource pinsuant to § 1506 4.5? c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human including those interned X outside of formal cemeteries? Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a high archeological sensitivity. Often cultural resources are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water and streams. The project site is bounded by Dry Creek, a major stream Prehistoric and historic cultural sites have been recorded in the project area. The proposed event location does not contain any rock outcropping or rock shelters. Based upon the above information and the local topography, it appears that the project is located in an area considered to be sensitive for prehistoric, protohistoric, and historic cultural resources. Grading and other soil disturbance activities on the project site in relation to future development of the site, including events, have the ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 8 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, Mitigation Measure # 5 is recommended that requires all construction activity halt and the county Planning Division and a professional archaeologist be consulted to evaluate the find(s). Mitigation Measure # 5: Include a condition on the Use Permit that states: "Should grading activities reveal the p� of cultural resources (i.e., artifact concentrations, inchtding arrowheads and other stone tools or chipping debris, cans, glass, etc.; remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the and implement appropriate mitigation procedures. Should human skeletal be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such ains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in ' 'ng the &position of such ' Plan Requirements: The required notes shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site preparation for events, all event activities. Monitoring The Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall imumediately stop all work with 50 feet of the find and . unediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4.6 GEOLOGIC PROCESSES: ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 9 of 32 ■ Potentiany Less Than Less Than No IImpact Reviewed Would the proposal: scant siccant scant Under Impact with Impact Previous m tigadon Document Incorporated a. Exposepeppleors cturestopotentialsubstantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the X State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including X liquefaction? 4. Landslides? X b. Result in subsft" soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, X and potentially result in on- or off-site landslide, lateral reading, subsidence, li?e d. Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating X substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or wastewater disposal X system where sewers are not available for the disposal or waste water? ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 9 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 11.3 miles to the southeast. No impacts are anticipated since no rupture of a known earthquake fault exists in the project area.. Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all, pipes, roadways, and other improvements requiring a building permit would be designed and installed in accordance with Uniform Building Code requirements. Because the project site appears to be located such that the probability of significant ground shaking is low, and because the future structures on the project site would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant. Liquefaction is a phenomenon where loose, saturated, granular soils lose their inherent shear strength due to excess water pressure that builds up during repeated movement from seismic activity. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally low potential for liquefaction. The impact would be less than significant The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for landslides in this area. The location of the proposed events and activities are on gentle slopes and only minimalgrading will be required. Grading on the hills within the project area is not proposed. The soil erosion potential for the project site is high, according to Butte County General Plan GIS data. The location of the proposed events will not involve grading, and therefore minimal erosion The project site contains a range of flat to steep slopes that generally would be at risk of significant erosion No activities are proposed in areas prone to erosion. No impacts due to erosion are anticipated. Project construction activities would be subject to National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one or more acre of land is disturbed. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. This program requires implementation of erosion control measures (during and immediately after construction) that are designed to avoid significant erosion during the construction period. In addition, the project operation would be subject to State Water Resources Control Board requirements for the preparation and implementation of a Storm Nater Pollution Prevention Plan (SWPPP) to control pollution in storm water runoff from the project site, including excessive erosion and sedimentation. The SWPPP, if required., must be obtained prior to any soil disturbance activities. The Conservation Element's Expansive Soils Map indicates that the project site has a low expansive soil potential. No permanent structures are proposed. Therefore, soil type is not an issue. The Butte County Environmental Health Division does not object to the temporary use of porta.-potties on the project site during events. However, any permanent septic systems on the project site must be installed under permit from the Environmental Health Division. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: PotendaIIy Less Than Less Than No Reviewed Significant ' 'cant 'cant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or X disposal of us materials? ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballon UP 05-10 ■ Page 10 of 32 ■ 60 Project Name: Michael Ballou Use Permit, File # UP 05-10 Would the proposal: Potentan y Less Than Less Than No Reviewed Significant 0cant 'cant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Create a significant to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous X materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing orproposed schools? d. Be located on a site which is included on a list of hazardous materials sines complied pursuant to Government Code Section 65962.5 and, as a result, X would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the X project result in a safety hazard for people residing or working in the project area? E For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in the pro'ect area? g. Impair impl 'on of or physically interfere with an adopted emergency response plan or emergency X evacuation plan? IL Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: It is not anticipated that large quantities of hazardous materials would be permanently stored or used within the project site. During events, vehicle parking will occur on the property. However, hazardous materials would not be used in sufficient strength or quantity to create a substantial risk of fire or explosion, or otherwise pose a substantial risk to human or environmental health. Therefore, implementation of the proposed project would not create a permanent significant hazard to the public or environment through the routine transport, use, or disposal of azardoas materials. The properly is not located within the vicinity of an airport, airport land -use plan, or private airstrip, and does not interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated. The project is located within a State Responsibility Area for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before wildlands. The nearest staffed fire station is Station # 63, located off of SR -70 at Nelson Avenue, approximately 8.2 miles to the south of the site. Volunteer Station # 25 is located off of Durham-Pentz Road, approximately 2.5 miles away, and Volunteer Station # 67 is located off of Cherokee Road, approximately 8.2 miles away. The Butte County Fire Department/California Department of Forestry and Fire Prevention (CDF) reviewed the project and stated that all development on the site must comply with State and County Fire Safe regulations. To allow property owners to have control over fuel reduction around the structures on their property, Mitigation Measure # 6 requires all new development on the site meet the requirements of PRC -4290 and 4291. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 11 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 Mitigation Measure # 6: Include a condition on the use Permit that states: "The temporary uses setback from all property lines shall comply with the requirements of Public Resources Code 4290 and 4291 (Fire Safe Regulations)." Plan Requirements: The required notes shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Butte County Fire DepartmentlCDF will review all building and site plans for compliance with PRC 4290 and 4291. The Building Division and the Planning Division shall check building and site plans for compliance prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the final inspection. 4.8 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 12 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Slgniificant 'cant Significant hnpact Under Impact with Impact Previous ' ' ation Document Incorporated a. violate any water quality StarLdiardS or waste discharge X requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production X rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C, Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course X of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or X amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide subs additional sources of polltrted runoff? L Otherwise substantially degrade water quality? X g. Place housing within a 100 -year flood hazard area as mapped by Federal Flood Hazard Boundary, Flood X vr�;urance Rate Map, or other flood hazard delineation h. Place within a 100 -year flood hazard area structures X which would impede or redirect flood flows? i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as X a result of the failure of a levee or dam? ' Inundation by seiche, tsunami, or mudflow? X ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 12 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 Impact Discussion: Domestic water supply for events on the site would be obtained from on-site wells. Butte County Department of Environmental Health has determined that the use of Porta -Potties will be adequate, and that sufficient quantity of water is available for the proposed use. The project is not expected to result in a sigYuficant reduction in ground water supplies in the project area due to the existing uses on the site. Project construction activities would be subject to National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Nater permit program if one acre or more of land is disturbed. Please refer to Section 4.6 Geological Proccesses for more information. The project site is not located within a 100 -year flood zone or 500 -year flood zone as shown on the Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -0800C, dated June 8, 1998. The property is not located in an area prone to mudilow. No impact would occur with respect to this natural hazard. The project is bounded on the southeast corner by Dry Creek, and Fallager Creek bisects the property. Expected activities could degrade water quality if events or activities are permitted adjacent to these Creeks. Mitigation Measure ##4 provides for a 150 -foot setback along Dry Creek, and a 50 -foot setback from Fallager Creek. Mitiation Measure: See Section 4.4, Biological Resources, Mitigation #4. 4,o9 Lvo USE: Impact Discussion: The property is designated as Grazing and Open Land in the Butte County General Plan Land Use Element and is zoned Unclassified, and Scenic Highway along Clark Road. Agriculture is the primary use of the property. The property is in under a Williamson Act Contract. Activities would include single -day learning sessions, and competitive events such as dressage, jumping, and cross- country course. All event facilities (such as corrals, jumps, porta-potties, seating areas) will be temporary, and the areas will revert to agricultural uses during the growing season; primarily the months of mid October through mid April. The use is considered a secondary use under the General Plan designation and requires a use permit under the current zoning. The proposed events and activities could have up to 300 people and 100 horses in attendance. Overnight camping will be permitted during three day events for a maximum of 12 events during April 1, through October 30. Large USEA sanctioned events could have up to an additional 1,000 spectators. A of three USEA events would be allowed annually. The surrounding area is open grazing land. The parcel sizes range from 150 to over 640 acres. The average parcel size in the surrounding area is 280 acres. Based on the larger parcels, and the sloping terrain, the proposed temporary nature of the use, the proposed project will not divide the rurallagricultural community. The proposed project would not conflict with any adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved conservation plan. There are no plans that would be applicable to the proposed project. ■ Butte County Department of Development Services ■ ■ Initial Study —Michael Ballou UP 05-10 ■ Page 13 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: ' •cant Sig�ni�ficant ' 'cant Impact Under Impact with Impact Previous ' ' ation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general X plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitt an environmental effect? c. Conflict with any applicable habitat conservation X plan or natural community conservation plan? Impact Discussion: The property is designated as Grazing and Open Land in the Butte County General Plan Land Use Element and is zoned Unclassified, and Scenic Highway along Clark Road. Agriculture is the primary use of the property. The property is in under a Williamson Act Contract. Activities would include single -day learning sessions, and competitive events such as dressage, jumping, and cross- country course. All event facilities (such as corrals, jumps, porta-potties, seating areas) will be temporary, and the areas will revert to agricultural uses during the growing season; primarily the months of mid October through mid April. The use is considered a secondary use under the General Plan designation and requires a use permit under the current zoning. The proposed events and activities could have up to 300 people and 100 horses in attendance. Overnight camping will be permitted during three day events for a maximum of 12 events during April 1, through October 30. Large USEA sanctioned events could have up to an additional 1,000 spectators. A of three USEA events would be allowed annually. The surrounding area is open grazing land. The parcel sizes range from 150 to over 640 acres. The average parcel size in the surrounding area is 280 acres. Based on the larger parcels, and the sloping terrain, the proposed temporary nature of the use, the proposed project will not divide the rurallagricultural community. The proposed project would not conflict with any adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved conservation plan. There are no plans that would be applicable to the proposed project. ■ Butte County Department of Development Services ■ ■ Initial Study —Michael Ballou UP 05-10 ■ Page 13 of 32 ■ 0 Project Name: Michael Ballou Use Permit, File # UP 05-10 Mitita�ion Measure: See 4.2 -Agricultural Resources, Mitigation Measure #2 4.10 MINERAL RESOURCES: Would the PotentiaRy •cant Less Than Less Than No Reviewed proposal: Impact with cant Impact Under Impact with Impact Previous MRIgation Document a. Exposure of persons to or generation of noise levels in Incorporated a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally -important X mineral resource recovery site delineated on a local X J1 general plan, specific plan, or other land use plan? I Impact Discussion: No mining operations have occurred on the project site or in the project area. The California Geological Survey (CGS) has not classified the project site as being located in a Mineral Resource Zone (MRZ). The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required 4.11 NOISE: Would the proposal: Potentially Less Than Less Than No Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of stain ardsestablished in the local general plan X or noise ordinance,, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive X and borne vibration or ground borne noise levels? c. A substantial permanent in ambient noise levels in the project vicinity above levels existing X without theproject? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without the pro'ect? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, X would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working X in the project area to excessive noise levels? Impact Discussion: The project site is located in a rural area with generally low noise levels and is not subject to any significant noise. The only existing noise on the project site is from the existing agricultural uses. Uses associated with this project, including events will not create a signif cant increase in ambient noise levels within or in proximity to the project site, since the activities will be temporary, and similar to cattle management activities. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 14 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 During events, the highest noise levels would result from vehicles entering and leaving the property, which can be expected to generate noise levels similar to that generated by traffic on Clark Road. The General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the limited amount of development that would occur due to this project, vehicle noise is not expected to have a significant impact on nearby properties. Furthermore, any such noise disturbance would be intermittent and short-term in nature. The project site is not subject to ground -borne vibrations or ground -borne noise and would not generate such vibrations or noise. Therefore, a less -than -significant impact would occur. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur. Mitigation Measure: None required 4.12 HoUSING.0 Would the Potentially Less Than Less Than No Reviewed proposal: scant Significant Significant Impact Under Impact with Impact Previous Mifta on Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through X extension of roads or other infrasiru+cture? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X impact Discussion: The project is Proposing temporal}' arena and fhilities to serve participants during events. No a�itional housing is proposed on the project site. No additional growth in the area, or in the County, is anticipated No new infrastructure, such as gas, electrical, sewer, and water lines, or roads is needed for this project. Electrical and telephone lines already extend to the project site. The project area is not served by a public sewer system, a community water system, or a natural gas system. No roads would need to be constructed or extended. Therefore, the project would not cause a substantial population growth in the area through the extension of roads or other The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required.. ■ Butte County Department of Development Services ■ ■ Initial Stlidv — Michael Ballon UP 05-10 ■ Pa.Lye 15 of 32 ■ NP --7,773 wings Project Name: Michael Ballou Use Permit, File # UP 05-10 4.13 PUBLIC SERVICES: 4 Would the Potentiany lagct Less Than Less Than No Reviewed proposal: significant cant significant Impact Under Impact with Impact Previous AflUgadon Document Incorporated a.. Would the project result in substantial adverse physical impacts associated with the provision of X or need for new or physically altered governmental facilities, the construction of which X could cause significant environmental ' m order to maintain acceptable service ratios, X response times, or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X E Other public services? X Impact Discussion: The project site is located in an area designated as having a high to very high fire hazard according to GIS data from the California Division of Forestry and Fire Prevention. The proposed use would not be adding permanent structures to the existing parcel development. However, impacts to Butte County Fire Department/Calffornia Division of Forestry and Fire Prevention are anticipated by vehicles. The Butte County Sheriff's Office provides law enforcement service to the project area. Implementation of the proposed project would not substantially increase police service calls to the vicinity beyond existing conditions, since, as stated before, the use is established as a temporary use during the off -agricultural season. The proposal would not result in an incremental demand for school facilities in the area since no new residential dwellings are proposed. A less than significant impact is anticipated to other public services. Mitigation Measure: See Section 4.7 -Hazards and Hazardous Materials, Mitigation Measure #6. 4.14 RECREATION: Impact Discussion: The project site is located within the Durham Recreational and Park District. Since the project is not proposing any additional residential dwellings, no impact is anticipated to existing parks and recreational facilities. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 16 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: significant •cant40D•cant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such X that substantial physical deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the coon or expansion of recreational facilities X which might have an adverse physical effect on the environment? Impact Discussion: The project site is located within the Durham Recreational and Park District. Since the project is not proposing any additional residential dwellings, no impact is anticipated to existing parks and recreational facilities. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 16 of 32 ■ "-I Project Name: Michael Ballou Use Permit, File # UP 05-10 Mitigation Measure: None required. 4. 15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially signircant Less Than Less Than •cant No Reviewed Siignifcant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an in traffic which is substantial in relation to the exbs",n traffic load and capacity of the street system (i.e., result in a substantial increase in X either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service ndardestablished by the county congestion management agency for de si� roads or X highways? c. Result in a change in air traffic patterns, including either an increase in tra !Hc levels or a change in X location that results in substantial M&ty risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or X incompatible uses (e.g., farm 'pment)? e. Result in inadequate em access., X E Result in , e parkuig ? X g. Conflict with accepted policies, plans or programs sl�pporting al transportation (e.g., bus X turnouts, bicycle racks)? Impact Discussion: Access to the project site is from a private dirt and gravel road with direct access to Clark Road, which is a paved, publicly maintained State Highway (SR -191). Additional vehicle traffic generated by the proposed use permit will occur during mer operations. Up to 12 three-day events will be permitted during the season. Most three-day events will attract 100 to 300 participants plus vendors and spectators. Anticipated ftwaffic for a 300 participant event is appro:Kimately 150 vehicles with trailers. Larger USEA recognized events are anticipated to occur 1 to 3 times per season. A large USEA sanctioned event could attract 300 to 400 participants, 1000 spectators, and. over 20 vendors. Anticipated traffic for these larger events is approximately 300 vehicles with trailers and 600 passenger vehicles. The State Department of Transportation responded to a request for comments stating that improvements would have to be made to facilitate traffic movements into and out of the property. Mitigation #7 requires approval by Cal Trans of these improvements, and the installation of same, prior to any events or activities. The site is not within any Airport Land Use Land Compatibility Zone. Therefore, no structures on the site would extend into any protected airspace. The project would not cause any impacts to air traffic patterns. Butte County Code Section 24-240 (b) requires adequate parking. The site has ample parking for the day to day operations. This proposed use permit would not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation Measure # 7: Include a condition on the use Permit that states: "Prior to the first event or activity, Clark Road improvements shall be completed in accord with Cal Trans approved improvement plan and requirements." Plan Requirements: The required notes shall be included as a condition of approval for the Use Permit~ Cal Trans improvement plans are made a part of the Use Permit file. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 17 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 Timing: Prior to the first event, Cal Trans shall be contacted for compliance with the condition. Monitoring. Cal Trans shall be notified of the Use Permit condition. Compliance shall be verified by the applicant submitting from Cal Trans to the Planning Division written verification the road improvements have been completed, prior to the first event or activity open to the public. 4.16 UTILITIES AND SERVICE SYSTEMS: Would the proposal: Potentialty significant Less Than significant Leas Than scant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional water Quality Control Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of X existing facilitiies, the constriction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing X facilities, the construction of which could cause si 'cant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and X resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the X project's projected demand in addition to the provider's s! s commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste X ' sal needs? g. Comply with federal, state, and local statutes, and X re tions related to solid waste? Impact Discussion: The proposed project would include temporary porta potties. Thus, the project would not have an impact on any wastewater or water treatment facilities because individual on-site septic systems and private wells would be utilized. The project would result in a minor increase in the stream of waste being deposited in the Neal Road Landfill. According to the Butte County Public works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. Based on this information, and because the proposed project would comply with all applicable federal, state, and local statutes and regulations as they relate to solid waste, adequate permitted landfill capacity exists to accommodate the proposed project, and a less -than -significant impact would occur. Mitigation Measure: None required 4.17 MANDATORY FINDINGS OF SIG1vIFICANCE (SECTION 15065): ■ Butte County Department of Development Services ■ ■ Initial Study —]Michael Ballou UP 05-10 ■ Page 18 of 32 ■ Project Name: Michael Ballou Use Pernut, File # UP 05-10 Would the proposal: PotentlaIly signiocant Less Than significant Less Than signiDc�nt No Impact Reviewed Under Impact with Impact Previous ' ' tion Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal X community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects, the effects of other current projects and the effects of probable fifture ro'ects)? c. Does the project have environmental effects which will cause substantial adverse effects on human X beings, either directly or indirectly? The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.3 — Agricultural Resources; 4.3 — Air Quality; 4.4 — Biological Resources; 4.5 — Cultural Resources; 4.7 — and fLazardous Materials, 4.8 — Hydrology/Water Quality; 4.9 — Land Use; 4.13 — Public Services; and 4.15 — Transportation/Traffic. Cumulative impacts to these areas would be mitigated due to the inclusion of Mitigation Measures # 1 through 7 as itemized under Section 5 — Mitigation Measures and Monitoring Requirements. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Nitration Measure #1: Place a condition on the Use Permit that states: "Prior to the first event or activity, prepare an Agricultural weed Maintenance Plan, and obtain approval by the Agricultural Commissioner." Plan Requirements: This note shall also be placed on all building and site development plans and included as a condition of approval for the Use Permit. Timing: The `Flan" shall be approved prior to any event or activity. Monitoring. The Butte County Department of Development Services shall ensure that the "Plan" is approved by the Agricultural Commissioner prior to the first event or activity. Mitigation Measure #2: Place a condition on the Use Permit that states: "All events and activities (excluding private family activities) shall be limited to the period of time beginning April l and continuing through October 30, with a maximum of 12 three- day events, and a maximum of three United States Equestrian Association (USEA) type events, are allowed with a maximum of 1,000 spectators. Agricultural uses, cattle grazing and dry hay farming, are the primary uses, and shall not be restricted by any use associated with the Use Permit." Plan Requirements: This note shall also be placed on all building and site development plans and included as a condition of approval for the Use Permit. Timing: Place the condition on the Use Permit ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 19 of 32 ■ 5a Project Name: Michael Ballou Use Permit, File # UP 05-10 Monitoring: The Butte County Department of Development Services in consultation with the Agricultural Commissioner and the LCAAC, shall periodically monitor the property for compliance. Mitigation Measure # 3: The following measures shall apply to all event activities. Place a condition on the Use Permit that states: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Parking areas are to be kept damp by applying water as a dust control measure during events. b. On-site vehicles shall be limited to a speed of 10 mph. c. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 8c ZOS (Nuisance and Fugitive Dust Emissions). Plan Requirements: This note shall also be placed on all building and site development plans and included as a condition of approval for the Use Permit. Timing: Requirements of the condition shall be adhered to during all event and activity periods. Monitoring: The Butte County Department of Development Services shall ensure the measure is indicated on all site development plans. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. Mitigation Measure ##4. Place a condition on the Use Permit that states: "Permanent fencing shall be established along the length of the north bank of Dry Creek, and a 50 -foot no development setback along Fallager Creek measured from each creek bank." Plan Requirements: This note shall also be placed on all building and site development plans and included as a condition of approval for the Use Permit. The site development plan shall be modified to show the fence line and no development zone. Timing: Requirements of the condition shall be approved prior to any event or activity. Monitoring: The Butte County Department of Development Services shall ensure that the "Zone" is established by site visit verification during random visits. Mitigation Measure # 5: Include a condition on the Use Permit that states: "Should grading activities reveal the presence of cultural resources (Le., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; SftChWdl ains; human skeletal rem), work within 50 feet of the fiend shall cease immediately until a qualifiedprofessional archaeologist can be consulted to evaluate the and implement appropriate mitigation procedures. Should human skeletal be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such ". Plan Requirements: The required notes shall be included as a condition of approval for the Use Permit. Timing.This measure shall be implemented during site preparation for events, all event activities. Monitoring: The Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 feet of the find and immediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 20 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 Mitigation Measure # 6: Include a condition on the use Permit that states: "The temporary uses setback from all property lines shall comply with the requirements of Public Resources Code 4290 and 4291 (Fire Safe Regulations)." Plan Requirements: The required notes shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Butte County Fire Department/CDF will review all building and site plans for compliance with PRC 4290 and 4291. The Building Division and the Planning Division shall check building and site plans for compliance prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the final inspection. Mitigation Measure # 7: Include a condition on the use Permit that states: "Prior to the first event or activity, Clark Road improvements shall be completed in accord with Cal Trans approved improvement plan and requirements." Plan Requirements: The required notes shall be included as a condition of approval for the Use Permit. Cal Trans improvement plans are made a part of the Use Permit file. Timing: Prior to the first event, Cal Trans shall be contacted for compliance with the condition. Monitoring: Compliance shall be verified by the Planning Division prior to the first event or activity open to the public, and Cal Trans will be notified of the Use Permit condition. 6.0 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 2. Butte County Planning Department. Archaeological Sensitivep. Oroville, CA: James P. Manning, 1983. 3. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department. Butte County GIS Data. Oroville, CA: November 2001. 5. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Environmental Checklist Form, Evaluation of Environmental Impact. File Number 93-15. Oroville, CA: February 8, 1993. 7. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CMM Hill, 1977. 10. Butte County Planning Department. Natural Fire Hazard Classes Map 1114, Safety Element. Oroville, CA: CH2M Hill, 1977. 11. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 12. Butte County Planning Department. Scenic Highways Map V 1, Scenic Highway Element. Oroville, CA: CB12M Hill, 1977. 13. Butte County Planning Department~ School District Map. Oroville, CA. 14. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 15. California Department of Transportation, Traffic Operations Division. 2000 All Traffic Volumes on California State Hig ; System. 2001. ■ Butte County Department of Development Services ■ ■ Initial Study - Michael Ballou UP 05-10 ■ Page 21 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 16. California Department of Transportation, Tragic Operations Division. 1998 Truck Volumes on California State Hi hway 5ygem.. 1998. 17. California Department of Transportation, Traffic Operations Division. 1998 All Traffic Volumes on California State Highway System. 1998. 18. National Flood Insurance Program. Flood Insordnce Rate Mans. Federal Emergency Management Agency. 1989. 19. USGS Quad Maps. 20. California Department of Fish and Game. California Natural Diversity Data Base. 7.0 CONSULTED AGENCIES: [Xj Environmental Health [X] Public Works [X] Building Manager [ ] BCAG [X] County Counsel [ ] LAFCo [X] Assessor [ ]Development Services [ ] Chico Unified School District [X] Air Quality Management District [ ]City of Chico [ ]Sheriff [ ]City of Gridley [ ]City of Oroville [ ]Town of Paradise [X] CA Department of Forestry [X] Caltrans (Traffic) [X] CA Central Reg. Water Quality [ J Department of Conservation [NJ CA Dept. of Fish and Craune [ ]Highway Patrol [ ]Army Corps of Engineers [ ] U.S. Fish 8t Wildlife Service [Xj Agricultural Commissioner [ ]Butte Co. Farm Bureau [ ]Paradise Unified School Dist. [ ]Feather River Recreation Dist. [ ] El Medio Fire Department [ ]Animal Control [ ] Oroville Union High [X] PG&E [ )Pacific Bell [ ]Golden Feather Union 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: I/We have reviewed the Initial Study for the Michael Ballou Use Permit (APN # 041-190- 043) application andparticularly the mitigation measures identified herein. I/We hereby modify the applications on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Stu*. Project Sponsor/Proj ect Agent Project Sponsor/Project Agent Date Date K:1PlanninglPROJECTSIUP\Ballou.UP 05-101Initial Study BALLOU UP 05-10 - Draft.doc ■ Butte County Department of Development Services ■ ■ Initial Studv — Michael Ballou UP 05-10 ■ Paye 22 of 32 m Project Name: Michael Ballou Use Permit, File # UP 05-10 LOCATION MAP I: NORTH No Scale ■ Butte County Department of Development Services ■ T-;♦;nl C*—,4 , ACA -1 1Q 11— TTD !K_ 10 — Dn`.o 11 -fl) � Project Name: Michael Ballou Use Permit, File # UP 05-10 _. C Hay Barn i ch. xr_ L �-- I:Su!bect Propety ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 24 of 32 ■ NORTH No Scale Project Name: Michael Ballou Use Pemin, File # UP 05-10 Multi -Use area Main Yard area boundary C?' Camp Parki Cross -Country Course area Portable Event Offices --� and Vendor area l wo` New property line -a NORTH No Scale ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 25 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 EVENT SEASON PLAN ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 26 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 IN AGRICULTURAL SEASON PLAN ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 27 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 LAND CONSERVATION COMMITTEE MINUTES —June 30, 2005 The meeting was called to order at 8:02 p.m. in the Board of Supervisors' Conference Room, #25 County Center Drive, and Oroville. I. ROLL CALL Present: Joe Connell, Farm Advisor Clarence Daley Richard Price, Agricultural Commissioner David Skinner Blake Bailey, Assessor's Office Felix Wannenmacher, Deputy County Counsel Absent: Yvonne Christopher, Development Services Also Present: Dan Breedon, Principal Planner B. Camelot Equestrian Park File UP 05-10, Michael Ballou ("N: 041-130-065) This Use Permit proposes an equestrian Center and campground. The proposed use has been found to be incompatible with the applicable Williamson Act Contract by the California Department of Conservation. Staff is requesting Land Conservation Advisory Act Committee review on this matter for recommendation to the Planning Commission. Mr. Breedon gave a brief summary. He said staff did not feel this project was consistent with the Williamson Act. He said he brought the item to get a recommendation from the Committee. The hearing was opened to the public. Mr. Ballou said he was here with Connie Nixon to speak on this matter. Ms. Nixon passed out some additional information. Mr. Wannenmacher stated that it is clear that the Department of Conservation has recently become more concerned about what is consistent with the Williamson Act. He said the Department of Conservation has more strictly tried to interpret which activities are allowed on Williamson Act property and which are not. He said Mr. O'Bryant, Department of Conservation, is making some assumptions about the type of use and the ability for it to be compatible with the agricultural uses there. He said it was not clear to what extent this use is going to impair the agricultural uses on the property. Mr. Ballou said the use of the land at this time is strictly grazing. He said the grazing occurs between October and the end of May. He said he would be using the land for horseback riding in ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 28 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 the off agricultural months. He said the property will not be used for the buying and selling of horses. He said he will be planting hay on most of the property. Mr. Ballou said there is a pole barn. He said there will be tents for camping in the off agricultural months. There is also a shop for his equipment. Mr. Wannenmacher asked Mr. Durling if it is his understanding from the Use Permit application that there are no buildings to be added. Mr. Durling said what you see out there is what you would normally see on a cattle ranch. He said the horseback riding use is not mentioned as a compatible use under the Williamson Act. Chairman Price asked about the livestock use. Mr. Ballou said the cows are on the property on a seasonal basis. Mr. Daley questioned if they were going to have an auction. Mr. Ballou said no auctions are going to be held on the property and there will be no buildings built on the property. Mr. Skinner asked what is adjacent to your property. Mr. Ballou said that Franklin Co. Mining is next to him. Mr. Blake asked if the horse trails were made by W. Ballou. Mr. Ballou said the cattle people have maintained the trails. He said he keeps the trails soft and level for horse back riding. Mr. Wannenmacher asked if the events will be limited to June through September. Mr. Ballou said the events will be between June through August depending on the weather. Mr. Wannenmacher said the events should be limited to when there is no agricultural use on the property with a condition on the Use Permit. Ms. Dixon said the agricultural use of the property is shifting from grazing to raising hey. Mr. Wannenmacher asked what the agricultural use was on APN 041-190-043. Mr. Ballou said it is used for grazing. Mr. Wannenmacher asked if they would continue the grazing if they put in the horse facilities. Mr. Ballou said no, but they would be raising hay on 150-200 acres. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 29 of 32 ■ Project Name: Michael Ballou Use Penn it, File # UP 05-10 Mr. Bailey said the parcel appears to be an addition to one of the Gerald Openshaw properties. He said it was a contract revision just adding this parcel to an existing contract. He said the parcel can stand alone, but it is tagged on to another contract. Mr. Skinner asked if this parcel was added to the Openshaw contract does that mean they can divide it off. Mr. Bailey said as long as it abides by the contract. Mr. Ballou said he did not mind taking Parcel 43 out of the Williamson Act. Mr. Wannenmacher discussed the procedures for cancellation of a Williamson Act contract. Mr. Connell asked if the parcel is 325 acres and the minimum required to be under the Williamson Act contract is 160 acres, and 160 acres of the parcel is still in agricultural use, are they complying with the contract. Mr. Wannenmacher said if they are getting a tax break on the whole property, but only using half for agricultural use, the State would not find that appropriate. He said the question is whether the requested use does not impair agricultural use on the property. Mr. Ballou said they intend to put in hay which would be at the same time of year as when the cows were grazing. Chairman Price said it is not uncommon to have this type of dry land farming in this area. He said raising hay was acceptable in a grazing contract. Mr. Bailey said they need to determine if riding trails are a compatible use. Chairman Price asked where they were putting the dry land farming. Ms. Dixon said anywhere the land is flat enough. Mr. Ballou said the hay crop would be for their own use eventually. He said they would probably sell the hay for the first two years. Mr. Bailey asked Mr. Wannenmacher if he thought Code Section 51201N would apply. Mr. 'Wannenmacher said the request came in the form of a Use Permit application. He said the trails already exist and were used for agricultural purposes and are also used for recreational purposes. He noted a front portion that is not used for agriculture. Mr. Bailey said he might have problems with the camp site area. He said he had no problems with the trails. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 30 of 32 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 Mr. Wannenmacher said they should state whether they have concerns regarding the amount of use, time of use, number of users, etc. He said the events should take place when the agricultural activities are over. He said also it might be important to decide whether it is normal to have agricultural activities only during certain times of the year. Mr. Skinner felt the request for the Use Permit was for a compatible use. He said the horse events will not be at the same time as the growing of the hay. Mr. Daley said the events will be from April to October with the agricultural uses the rest of the year. Mr. Durling said that is correct. He said no structures are requested for this project. Mr. Breedon asked if they rind this to be a consistent use are they taking the consistency finding off of one of the existing consistent use categories in the contract or are they going to make this recommendation to the Board of Supervisors for them to find it consistent. Mr. Bailey said there were no consistency problems with the Assessor's office. Mr. Breedon said staff needs to know what time restraints will be placed on the Use Permit. Mr. Ballou said he would like the Use Permit to say the farming will be from October 30t' through April 1s`. He said they would like to have the events from April 1 through October 30�' weather permitting. Mr. Wannenmacher said the recreational use can not impair the agricultural activities. He said the Use Permit could state the events can be held from April 1st to October 3& provided the agricultural use has stopped. Mr. Ballou agreed with stating after harvest in the conditions of the Use Permit. Mr. Wannenmacher said there are no structures connected with these trails and will not alter or interfere with the agricultural uses. He said the camping area will not impact the agricultural use. He noted that in the letter from the Department of Conservation they did not consider the timing of the agricultural uses as compared to the timing of any other incidental uses. Mr. Durling said the areas that have no ability to have agricultural uses are the areas where the camping parking, etc. would occur. Mr. Wannenmacher said the Use Permit asks for 12 events per year. He said the camping will be in association with those 12 events and not year round camping. Mr. Durling asked if they are restricting the activities of the Use Permit to only the areas where there is no agricultural use, where are those areas. ■ Butte County Department of Development Services ■ ■ Initial Study —Michael Ballou UP 05-10 ■ Page 31 of 32 ■ 1 Project Name: Michael Ballou Use Permit, File # UP 05-10 Mr. Wannenmacher said the Use Permit is permitting a use that is not allowed by right and it is permitting it within certain restrictions. He said camping is not allowed by right on the property and can only be done under the Use Permit. Mr. Connell said the agricultural use originally was for grazing over the entire property. Contract does not say it has to be grazing. He said with dry land hay not all of the property will support the use. Mr. Breedon said that grazing contracts contain other uses that are not in grazing. It was moved by Mr. Bailey, seconded by Mr. Skinner, and unanimously carried to call the horse trail riding a compatible use under the existing contract given that the commercial aspect of the horse riding be limited during the off agricultural season being April 1st through October 3& or when the harvest is complete with the property being farmed during the agricultural seasons. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 32 of 32 ■ UN DEVELOPMENT SERVi SES DEPARTME Nr--t�t. '. . . .. . . . . BUTTE C ? � . INIT Tu PROPOSED MITIGATED EG IVE DECLARATION UP 05-1 ou) 7V 2 SW I Project Name: Michael Ballou Use Permit, File # UP 05-10 COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR UP 05-10 (Ballon) 1.0 PROJECT INFORMATION A. Apnliamt/Owner: Michael Ballou f B. Staff Contact: Carl Durhng, (530) 538-7150, cdurlin�butteconmty.net �;,, ::_' C. Project Name: Camelot Equestrian Park' D. Project Location: West side of Clark Road (SR 191) ximately 1.8 milds- �3 orth R (Section 4, � aggro T20N R03E) ' ti E. Type of Annlication(s): Use Permit F. Assessor's Parcel Number. 041-190-043 ' G. Project Site Size: 160±acres (Complete Parcel 352 acres)_ !`' H. Current Zoning,U (Unclassified, 20 -acre Parte1�-� .dti SH 'S.cenic Highway) L General Plan Designation: and Land l� Open J. Environmental Setting: The project site is iota . " in «k rated area in the central portion of Butte County, approximately 7.6 miles north of the ro e ' a rural setting. The project property and site consists of typical grazing range land p 'th ,'. g,; ' to d fall grasses. The property is surrounded by large undeveloped grazing range lar' The ject property is undeveloped except for fencing, corrals, hay barn, well, small water story ~ e exi power pole lines, and watering ponds. K The project site has gentle topor►hy, slopingnortheast to southwest. Three hillocks encompass the central portion of the grope a elevation the property ranges from approximately 225 to 275 feet above sea level. The hilloc� rises as much as 375 feet. The overall project site has an average slope of approximately Ito Z%, t fort` =':shill The current use is a private family cattle and riding ranch, with existing access corrals. There is no dwelling on the property. The property is traversed by Fallager ugh the west central portion of the property, and by Dry Creek along the southeast boon of the rty. This southeast portion of the property contains a large grove area of dry ... scattered Oak biolog�i W study of the area concluded the project would not requ• re any regulatory permitting or mu atm .r nsation. (Foothill Associates report dated March 17, 2006, see attached). This_ _ usion is ` ch "Because the proposed land uses are consistent with the existing conditions of the e... w Thep site is not within a 100 -year flood zone, an eardxpiake zone, or an airport over to`f,ffoject site is off of Clark Road (State Highway 191), which is public, paved road &Qwon General Plan Designation � Existing band Use(s) orth Grazing and Open Land Unclassified Grazing land South Grazing and Open Land Unclassified Dry Creek and Grazing land East Grazing and Open Land Unclassified Clark Road and Grazing land West Grazing and (den Laud Unclassified Crazing land I.. Proiect Description: This project is a use permit to allow equestrian training, education and an event park. Activities would include single -day learning sessions, and competitive events such as dre-gsage, jumping, and cross-country course. All event facilities (such as corrals, jumps, port potties, seating areas) will be tW&nporam and the areas will revert to agricultural uses during the growing season; imp the months of mud October through mid April. usage is o -i lk ipated to be up to 300 participants during any particular ■ Butte County Department of Development Services ■ ■ Initial Study - b&chnael Ballou UP 05-10 ■ Page 1 of 27 ■ la I E tPloy Name: IN ichael Ballou Use Pemm, File # UP 05-10 event. Overnight tnping willpermitted during 3 -day events. Typically for these events horse trailers and tents are used. X Public Apaency Approvals: Butte County Planning Division Butte County Building Division Butte County Fire Department/CDF Butte County Environmental Health Division Butte County Public works Department California Regional water Quality Control Board +;f i 2.0 DETERMINATION _ �7,; I find that theproposed ro ect COULD NOT have a significant effect on ti!, en and a C ] project � NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project COULD have a significant effe , on envu%PxwUUUwL1C., there will NOT be a significant effect in this case because revisions have been mage '� w . ;,:a�greed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a sigmEcantA T on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 31, ��• [ ] I find that the proposed project MAY have a "potentially cant impact" "potentially potentially significant unless mitigated" impact on the environment, but at least one ~' r„ 1) been adequately analyzed in an earlier document pursuant to applicable legal staWadi % � 2) addressed by mitigation measures based on the earlier analysis as described on atta sh ts:' 3 Orf1VlENTAL IMPACT REPORT is regquired, but it must analyze only the effects � t B- I...ain be addressed. [ l I find that although the proposed prof -; ): . t potentially significant effects (a)hav beef DECLARATION pursuant to applicable �-,i d earlier EIR or NEGATIVE DE _ TION, upon the proposed project, no r further is in4 -N, Prepared by: Carl Durling,Assoc `�~ Planner Reviewed a`signcant effect on the environment, because all d adequately in an earlier EIR or NEGATIVE have been avoided or mitigated pursuant to that ig revisions or mitigation measures that are imposed Date Date ■ Butte County Department of Development Services ■ ■ Initial Study — N ichael Ballou UP 05-10 ■ Page 2 of 27 ■ Projd"ct Name: Michael Ballou Use Pernm File # UP 05-10 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project; however, with the incorporation of mitigation measures, potentially significant project related impacts are reduce to a "less than significant" level (CEQA Guidelines 15382). [ ] 4.1 Aesthetics IN [X] 4.4 Biological Resources [X] [X] 4.7 Hazards/Hazardous Material [X] [ ] 4.10 Mineral Resources [ ] [ ] 4.13 Public Services [ ] [ ] 4.16 Utihties/Service Systems [X] 4.2 Agriculture Resources' [X] 4.3 Air Qualm 4.5 Cultural Resourcesft w C ] 4.6 Glip c ss t [ ] 4.9 L 4.8 Hydrology/water Q 4.11 Noise [ ] 4 2 r ing: 4.14 Recreation [X] 15 T rta n/Ti•affic 4.17 ory Findings of Signi.AZ Yom' .f 4.0 ENVIRONMENTAL IMPACTS: ` 4. 1 AEsTHETicNisuALREsouRcEs:�' N -� Impact Discussion: The .Pj. `111r1 I` F s not located along a State scenic highway (Butte County General Plan Scenic • i�:A ��i�JI1�lYe� • • • Highway Mapes SH- However, Butte County has established a SC (Scenic Condor) zone. The zone encompa;sse - :;dep of 350 „�eet from the centerline of designated roads, one of which is Clark Road. The only permitted use single family dwelling. However, "schools" are a permitted use by Use Permit. The propo : ti:; :r ' m� `.similar to a school for training in equestrian events and activities. The proposed use is situated ap �' tel o es north of State Highway 70. The family operations are currently conducted within the exi corrals, - and accessory structs res. ^Y; g accessory g g p The prod ��sl. consists of existin accesso structures (including a barn) and corrals, along with undeveloped grazing tanroperty, oaks, and brush along Dry Creek. visually, the existing facilities are very similar to the headq� of a cattle ranch, but without the dwelling. The proposed school activities and equestrian events will be temporary in nature, and thus not anticipated to cause a significant visual impact. No substantial conflicts with the established character or function of the surrounding community are anticipated. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 3 of 27 ■ ote,, Less Than No Reviewed Would the proposal: :'` "' •cant significant hnpact Under act with hnpact Previous r Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vita?., X b. Substantially damage scenic resources, ' v lulling, but not limited to, trees, rock outcroppin an historic r f X buildings within a state scenic C. Substantially degrade the exi macter or X quality of the site and its surr dugs? :rte d. Create anew source of t or gl which would adversely affect da' 1 F. nighttime views X in the area? r Impact Discussion: The .Pj. `111r1 I` F s not located along a State scenic highway (Butte County General Plan Scenic • i�:A ��i�JI1�lYe� • • • Highway Mapes SH- However, Butte County has established a SC (Scenic Condor) zone. The zone encompa;sse - :;dep of 350 „�eet from the centerline of designated roads, one of which is Clark Road. The only permitted use single family dwelling. However, "schools" are a permitted use by Use Permit. The propo : ti:; :r ' m� `.similar to a school for training in equestrian events and activities. The proposed use is situated ap �' tel o es north of State Highway 70. The family operations are currently conducted within the exi corrals, - and accessory structs res. ^Y; g accessory g g p The prod ��sl. consists of existin accesso structures (including a barn) and corrals, along with undeveloped grazing tanroperty, oaks, and brush along Dry Creek. visually, the existing facilities are very similar to the headq� of a cattle ranch, but without the dwelling. The proposed school activities and equestrian events will be temporary in nature, and thus not anticipated to cause a significant visual impact. No substantial conflicts with the established character or function of the surrounding community are anticipated. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 3 of 27 ■ 1 Proj�d Name: Mchael Ballou Use Permit, File # UP 05-10 4.2 AGRIcuLTuRE REsOURCES: Would the proposal: PotentiaRy sigaifi Less Than significant Less Than significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? :FY c. Involve other changes in the existing environment which, due to their location or nature, could result in '' > X conversion of Farmland. to non-agricultural use? Impact Discussion: The project site is designated as Grazing and n Lani4 b 'atnd Use Map of the Butte County General Plan, which lists agricultural uses as Primary Uses. .:: bite is ed Unclassified, which allows for tThe sods on the project site residential and agricultural uses by right, and school uses by a conditi . p+. have a Soil Conservation Service classification of VII, which not • ::..' aultural soils and have limitations that make them generally adequate only for livestock grd S _ Continued agricultural uses would be possible based t1jesizef the parcel and that no existing agricultural production will be impacted because the activities -0 1 �er months. (Mitigation Measure #2) The project site is under a Williamson Act con all y except . d the parcel adjacent on the north under the same ownership, the parcels surrounding the project sit are a Williamson Act agreement. The Butte County Conservation Act Advisory Committee -, AAC) nevi the proposed project including maps and project description. The CAAC deternuned d the ect would be consistent with the provisions of the Williamson Act and the Contract on e ` ` r „ rty. This determination was based on the fact that the proposed use would be temporary in nature, co to a c area of the property, and activities would only take place during the summer, or off -growing, n. us, es would have a less than significant impact. As a part of the processing o'.;: -• • project, comments were sought from the Butte County Agricultural Commissioner's office. Agri mmissioner's office stated that a condition should be placed on the Use Permit requiring an Agri `` _ = mtenance Plan. (Mitigation Measure #1) Imposition of the following Litigation measures wool y impacts to less than significant. I NA Miti 'on Y 1: Place a con ' " F` W _ `wermit that states: "Prior to the first event or activity, prepare an Agricultural Weed Mainte • 1 d of approval by the Agricultural Commissioner." �..,.., . uirem ts: t "s note shall also be placed on all building and site development plans and included as a Of an ``3. val for the Use Permit. Timing* '141e shall be approved prior to any event or activity. Monitoring: The Butte County Department of Development Services shall ensure that the "Plan" is approved by the Agricultural Commissioner prior to the first event or activity. Mitigation Measure #2: Place a condition on the Use Permit that states: "All events and activities (excluding private family activities) shall be limited to the period of time beginning in mid May and continuing through mid September." Plan Requirements: This note shall also be placed on all building and site development plans and included as a condition of approval for the Use Permit. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballon UP 05-10 ■ Page 4 of 27 ■ 0 Proj6d Name: Michael Ballou Use Permit, File # UP 05-10 Timing: Place a condition on the Use Permit that states: "All events and activities (excluding private family activities) shall be limited to the period of time beginning in mid May and continuing through mid September." Monitoring. The Butte County Dent of Development Services shall periodically monitor the property for compliance. 4.93 Am QuALiTr. Would the proposal: PotenfwBy •cant Less Than •cant Less Than Significantln(t Np act Reviewed. Under Impact with Impact Previous Mitigation ocmnent Inco rated=` a. Conflict with or obstruct implementation of the applicable au tylan? b. Violate any air quality standard or contribute � sub to an existing or projected air quality X a, violation? c. Result in a cumulatively considerable net increase of any criteriapollutant for which the project region is non - ` a lainment under an applicable federal or state ambient X : air quality standard(including releasing emissions which exceed ' e thresholds for ozone precursors)?`' d Expose sensitive receptors to substantial pollutant concentrations? e. Create objectionable odors affecting a substantial X number ofp� ? le ,, ' Impact Discussion: Both the California Air sour s B _and the Environmental Protection Agency have established air pollution standards in an effort to protect health and welfare. Geographic areas are designated "attainment" if these standards are me "non- " if they are not met: In addition, each agency has several levels of classifications based } `' erity of the 1W6blem. Butte County and all northern Sacramento Valley Air Districts have been designated "m ` e" non -attainment areas for the state standards for ozone and fine particulate matter (PMIo)• tly Butte is in attainment for all the federal (less stringent) air quality standards. Traffic generated by th proposed}` permit will be confined to the dry summer months The total number of participants, including tl - ts, vol rs and instructors, could be as many as 300 people and 100 horsed during a 3 -day event. Typically, e . ,m s can create significant amounts of dust which would affect local air quality at various timesr .firing a ` 'es the proposed project. The dry, windy climate of the area during the summer months creat . a i pote for dust generation when and if underlying soils are exposed. During major 3 -day events, a-= w � � :havehigh potential to generate dust whenever soil moisture is low and particularly when the win i 0 .. Th . _, r;0 ects o 'viwould be increased dust and locally elevated levels of particulates downwind of the activity. Dust the po ; tial to create a nuisance at nearby properties or at previously completed portions of the proposed project. ad on to nuisance effects, excess dust fall can increase maintenance and cleaning requirements and could advei affect sensitive electronic devices. The Butte County Air Quality Management District (BCAQMD) recommends incorporating measures to control fugitive dust pion for all activities during project events, using such methods as site and driveway watering and/or use of other acceptable soil palliatives. Mitigation Measure # 3 is recommended that requires a Use Permit condition regarding dust control measures during events and activities. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 5 of 27 ■ A"m& Proj6d Name: Michael Ballou Use Permit, File # UP 05-10 M[itization Measure # 3: The following measures shall apply to all event activities. Place a condition on the Use Permit that states: "Dust generated by the development activities shall be kept to a minimum with a goal of ining dust on the site. Follow the dust control measures listed below: a. Parking areas are to be kept damp by applying water as a dust control measure during events. b. On-site vehicles shall be limited to a speed of 10 mph. c. Post a publicly visible sign with the telephone number and person to contact regarding dust c plaints. This person shall respond and take corrective action within 24 hours. The telephone number of the B L.Air Quality Management District shall be visible to ensure compliance with BCAQMD Rul -r-2-1CN ce ... ....... and Fugitive Dust Emissions). Plan Requirements: This note also be placed on all building and site developifie'fit plWi� d" luded as a condition of approval for the Use Permit. Timing: Requirements of the condition shall be adhered to during all event and activity S. Monitoring: The Butte County Department of Development Services the is indicated on all site development plans. Butte County Air Quality Management District respond to nuisance complaints. 4k' -- Ri ,t .�` measure 4.4 BIOLOGICAL REsouRcEs:-ti m EWft County Department of Development Services m m Initial Study — Michael Ballou UP 05-10 m Page 6 of 27 n Would the proposal: Less Than Less Than No Impact Reviewed Under Irapa with Impact Previous ocument Document N Incorporated a. Have a substantial adverse effect, or through habitat on s identifiedasa candidate, X species in local or reg1onal p cies, or regulations, or by the and Game or U.S. Fish and ervice. b. Have a substantialeffect 0 unity habitat or other sensiti_2, I identified in I m or re policies, x re mia Department of Fish and dhfe Service? C. Hav effect on federally by Section 404 or the Water ` ct (iicludin gbut not limited to, marsh, x stal, etc.) through direct removal, o .cal .A : -ruption, or other means) d. Interfere, Mb tantially with the movement of any native resident or migratory fish and wildlife species migratory or with established native resident or migratory x wildlife corridors,, or impede the use of native wildlife nursery sites I - sites? e. Conflict with any local policies oror+dinanoes protecting biological resources such as a tree x preservation jj� �h ? E Conflict with the provisions of an adopted Habitat x m EWft County Department of Development Services m m Initial Study — Michael Ballou UP 05-10 m Page 6 of 27 n Projict Name: Michael Ballou Use Permu, File # UP 05-10 Impact Discussion: The project site is located in an scattered gray pines, some buckbrush and poison oak boundary area along Dry Creek has extensive Valley scattered Oak trees. Dry Creek supports a diverse J• turkey, squirrels, reptiles, and numerous species non -migratory deer may utilize the site. e lands. Vegetation consists of ens o, , areas of range grasses. This southeast ands so encumbered by a large grove area of cluding deer, bobcat, raccoon, skunk, quail, Due to , e large size of the existing parcel, migratory and Many species of plants and animals wit `the State o M : ornia have low populations, limited distributions, or both. Such d>es may be conside _ " and are . enable to extirpation as the state's human population grows and the habitats these so : are converted to agricultural and urban uses. A sizable number of native species and s hav ee fo Qd signated as threatened or endangered. under State and Federal endangered species legislatio a ve b designated as "Candidates" for such listing; still others have been designated as "Species of Sp y_ ncern" by the California Department of Fish and Came (CDFG). The California Native Pl - Society ( �;; .. S) has developed its own set of lists of native plants considered rare, threatened or endanger # .,ctivel ese plants and animals are referred to as "special status species." The California Natural Dive` Dase (CNDDB Rarefind 2, Government Version, Jan -02-2003) was reviewed to determine if kti ' es or habitats occur on the project site or in the project area. The CNDDB showed an occurrnncwRiparian Forest along Dry Creek, but no special status species or habitat As sta W e, _ Visite oes have a large oak tree habitat area located in the southeast portion of the site. None of the posed po ; �' uses or activities and events will endanger the cluster of oak trees. However, uses and m clo ',` , pr xlmity to Dry Creek could endanger or at least stress both flora and fauna along the creek. Therefo ,p a ' `dation measure establishing a no development or activity zone extending 150 feet from the north bank of D will be required as a condition of the Use Permit. (Mitigation Measure #4) Falls er Creek bisects the west half of the project . Although an intermittent much of the year the g Pr J P��Y � �� y creek carries water. The flora habitat along and within the creek bed is well established. To insure against the possibility of impacting potential existing and potential future significant flora, a 50 -foot no development and no activity setback is required as part of the Use Permit. Mitigation measure #4) Establishment of the proposed project would not result in the loss in significant native habitat that would normally provide nesting, foraging, roosting, and denning opportunities for a wide variety of wildlife species. A biological study of the area concluded the project "would not require any regulatory permitting or mitigation compensation." (Foothill Associates report dated March 17, 2006). This conclusion is reached "Because the pry land uses are ■ Butte County Department of Development Services ■ ■ initial Study — Michael Ballou UP 05-10 ■ Page 7 of 27 ■ Potentia ly Less Than Less Than No Reviewed Would the proposal: sunt SYgnificant %ant Impact Under Impact with Impact Previous Mitigation Document Incorporated Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or stage habitat conservation lam? g,. A reduction in the numbers, a restriction in the range, �{ or an impact to the critical habitat of any unique, rare, tlucatened, or en d es of animals? h. A reduction in the diversity or n� of : ` R birdsreptiles, onsite incl mammals, , = `X s amphibians, fish or invertebrates)? L A deterioration of existing fish or wildlife habitat (for foraging, breeding, roostiing, nesting, etc.)?, j. Introduction of barriers to movement of any resident F X or mi ry fish or wildlife skies? L�L� IL Introduction of any factors (fight, fencing, noise, `, 7,71 ` w hinnan ce and/or domestic animals) which could `' X hinder the normal activities of wildlife? Impact Discussion: The project site is located in an scattered gray pines, some buckbrush and poison oak boundary area along Dry Creek has extensive Valley scattered Oak trees. Dry Creek supports a diverse J• turkey, squirrels, reptiles, and numerous species non -migratory deer may utilize the site. e lands. Vegetation consists of ens o, , areas of range grasses. This southeast ands so encumbered by a large grove area of cluding deer, bobcat, raccoon, skunk, quail, Due to , e large size of the existing parcel, migratory and Many species of plants and animals wit `the State o M : ornia have low populations, limited distributions, or both. Such d>es may be conside _ " and are . enable to extirpation as the state's human population grows and the habitats these so : are converted to agricultural and urban uses. A sizable number of native species and s hav ee fo Qd signated as threatened or endangered. under State and Federal endangered species legislatio a ve b designated as "Candidates" for such listing; still others have been designated as "Species of Sp y_ ncern" by the California Department of Fish and Came (CDFG). The California Native Pl - Society ( �;; .. S) has developed its own set of lists of native plants considered rare, threatened or endanger # .,ctivel ese plants and animals are referred to as "special status species." The California Natural Dive` Dase (CNDDB Rarefind 2, Government Version, Jan -02-2003) was reviewed to determine if kti ' es or habitats occur on the project site or in the project area. The CNDDB showed an occurrnncwRiparian Forest along Dry Creek, but no special status species or habitat As sta W e, _ Visite oes have a large oak tree habitat area located in the southeast portion of the site. None of the posed po ; �' uses or activities and events will endanger the cluster of oak trees. However, uses and m clo ',` , pr xlmity to Dry Creek could endanger or at least stress both flora and fauna along the creek. Therefo ,p a ' `dation measure establishing a no development or activity zone extending 150 feet from the north bank of D will be required as a condition of the Use Permit. (Mitigation Measure #4) Falls er Creek bisects the west half of the project . Although an intermittent much of the year the g Pr J P��Y � �� y creek carries water. The flora habitat along and within the creek bed is well established. To insure against the possibility of impacting potential existing and potential future significant flora, a 50 -foot no development and no activity setback is required as part of the Use Permit. Mitigation measure #4) Establishment of the proposed project would not result in the loss in significant native habitat that would normally provide nesting, foraging, roosting, and denning opportunities for a wide variety of wildlife species. A biological study of the area concluded the project "would not require any regulatory permitting or mitigation compensation." (Foothill Associates report dated March 17, 2006). This conclusion is reached "Because the pry land uses are ■ Butte County Department of Development Services ■ ■ initial Study — Michael Ballou UP 05-10 ■ Page 7 of 27 ■ ka Projid Name: Michael Ballou Use Permit, File Y UP 05-10 consistent with the existing conditions of the site...". The area is already impacted due to the existing corral and the horses kept in it This project would have a de -minimi impact to fish and/or wildlife due to impacts to stream habitat. The payment of fees under Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4 is required. These fees are payable by the project applicant upon filing of the Notice of Determination by the County. i i The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan,, local policies or ordinances protecting biological resources,, or other approved local,, regional, or state habitat conservation plan as there are no adopted plans affecting the project site. -0 Mitigation Measure #4: Place a condition on the Use Permit that states: "A 150 -foot no development and no activity zone is along the length of the north bank of Dry Creek, and a 50 -foot setback along Fallager Creek."?--- Plan Requirements: This note shall also be placed on all building and site development s a t plan be condition of approval for the Use Permit The site developmen 16 *fle z Timing: Requirements of the condition shall be approved prior to any event or aqtW , - 1 7 Monitoring: The Butte County Department of Development Services ensure that the '�&ne' is established by YV site visit verification during random visits. 4.5 CULTURAL ]RESOURCES: Would the Less Than No Reviewed proposal. Significant Impact Under IMP a with Impact Previous Incorporated Document a. Cause a substantial adverse change in the CO3W-rrn;&'Cmv%^m� N1 ME RM x A.5? of a historical resource as defined in § 15064 b. Cause a substantial adverse change i" thtopll� ifificance of TV x ? an rchaeologicalresourceparsuailt .5. c. Directly or indirectly destroy auni, pa 91 x = resource or site or ge ? r 01= d. Disturb any human khose ink X outside of formal Impact DIKE ion: resoAke include prehistoric and historic period archaeological sites; historical IOU features, such as rock w vvr eS and flumes, and cemeteries; and architectural features. Cultural resources consist of any -mad 0 (i.e., artifact), or feature that defines and illuminates our past. According to Butte o'`ve a high archeological the project site is located in an area considered to have ensitivity. r urces are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlook corridors, or near bodies of water and stream. The project site is bounded by Dry C_wr historic and historic cultural sites have been recorded in the project area. The proposed on snit contain any rock outcropping or rock shelters. Basedth above information and the local topography, it appears that the project is located in an area consi sensitive for prehistoric,, protohistoric,, and historic cultural resources. Grading and other soil disturbance, activities on the project site in relation to future development of the site, including events,, have the potential to uncover historic or prehistoric cultural resources. To prevent impactsto historic or prehistoric cultural resources that may be uncovered during development activities on the project site,,,, Mitigation Measure # 5 is recommended that requires all construction activity halt and the county Planning Division and a professional archaeologist be consulted to evaluate the find(s). Measure # 5: Include a condition on the Use Permit that states: "Should grading activities reveal the presence of cultural resources (ie.,, artifact conceMadoiris i ling arrowheads and other stone tools or clhipping debris, cans, glass, etc.; Imnnan skeletal work within 50 feet of the find shall cease immediately s Butte County Department of Development Services m m Initial Study — Michael Ballon UP 05-10 m Page 8 of 27 m Project Name: Nchael Balleu Use Permit, File # UP 05-10 until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation . Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American HeritageCommission in to shall be notified imrr�diately, pursuant to State law, to arrange for Native American participation in ' ' g the disposition of such remtauinrs�'. Plan Requirements: The required notes shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site pLepazation for events, all event activities. Monitoring: The Department of Development Services shall ensure that the required note is on all Wilding ' ding and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 feet of the find and immediately notify the Department of Development Services. The Department meat Services shall coordinate with the developer and appropriate authorities to avoid damage t sour(, and determine appropriate action. := ---' iX:] 4.6 GEOLOGIC PROCESSES: Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Inteasity Zone VIII. The site is not within an Alquist-Priolo wake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 11.3 miles to the southeast. No impacts are anticipated since no rupture of a known earthquake fault exists in the project area.. ■ Butte County Department of Development Services ■ ■ Study — Michael Bailou UP 05-10 ■ Page 9 of 27 ■ f Would the proposal:Signifiicant Potentiany Less Than si tgniti Less t No Impact Reviewed Under Im ct pa ` h , .. .,� Impact ; Previous Ming, Document ,3.`V.e1. coi a. Expose people or s to potential substantial adverse effects,the risk of loss, tri or _. ........ ' death involving: 1. Rupture of a known earthquake fault, delineated on the most recent Al uist-Pholo Earthquake Fault Zoning Map issued by 11 41 X State Geologist for the area or based on substantial evidence of a known fa ? Refer to : , . Division of Mines and Geology. ail , Publication 42.- r: 2. Strong seismic ground sha ,.:,. X 3. Seismic -related ground ure includii` X liquefaction? 4. Landslides?::r: X b. Result in substantial sor+osion or _ softopsoil? X c. Be located on a geologi `* - oil that is unstable, or that would become unsta a t of the project, X :: and poten ' � t in o ' or off-site landslide, lateral • �std, li ection or co ? d. Be located ons`:' tl, as defined in Table 18-1- B', ' g Code (1994), creating X tial' to a or ? e. Ha`�,; oils in b1e of adequately supporting the use of t'or alternative waste water&To sal X system sewers are not available for the disposal or waste 'water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Inteasity Zone VIII. The site is not within an Alquist-Priolo wake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 11.3 miles to the southeast. No impacts are anticipated since no rupture of a known earthquake fault exists in the project area.. ■ Butte County Department of Development Services ■ ■ Study — Michael Bailou UP 05-10 ■ Page 9 of 27 ■ 60 Project Name: Michael Ballou Use Permit, File # UP 05-10 Like most of central California, the site can be eked to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, roadways, and other improvements would be designed and installed in accordance with Uniform Building Code requirements. Because the project site appears to be located such that the probability of significant ground shaking is low, and because the future structures on the project site would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic �d Zone, potential geologic impacts would be less than significant. Liquefaction is a phenomenon where loose, satuuated, granular soils lose their inherent shear strength due to excess water that builds up during meted movement from seisnuc activity. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally low potential for h faction. The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County Gene P dic-2 s that r there is a moderate potential for landslides in this area. The location of the proposed ind r r n a entle slope and only grading will be required. Grading standards required to be met far tht:.' suar o 'lding permit would reduce any potential impact. '```�, The soil erosion potential for the project site is high, according to Butte County G _ GIS data. The location of the proposed events will not involve grading, and therefore ' ' erosion. The pra` ` l' ti•te contains a range of flat to steep slopes that generally would be at risk of significant erosion. Noaqtivities are pro = in areas prone to erosion. No impacts due to erosion are anticipated. Project construction activities would be subject to National Po llu Disc ` e {" tion System (NPDES) General Constriction Activities Storm Water permit program if one o r ' :. a of land is disturbed. Construction activities that result in a land disturbance of less than one a.., but of a larger common plan of development, also require a permit. This program requires 'un"= _ y sion control measures (during and . ...... . immediately after construction) that are designed to av '. Sl*si n during the construction period. In addition, the project operation would be subject to S = e ater sources Control Board requirements for the preparation and implementation of a Storm Water : lluti do lar (SWPPP) to control pollution in storm water runoff from the project site, including exceosion an mentation. The SWPPP, if required, must be obtained prior to any soil disturbance activities. A} r The Conservation Element's Expansive�Viap indicty, ='fat the project site has a low expansive soil potential. The Building Division may requirefoundations future structures on the site be designed and constructed to handle the slurinl�/swell characteri cs p ansive soils. Standard grading and foundation design would reduce any potential impacts. , ,r Sewage disposal for fitture b ' ` " o hle site vi6u1d be handled by individual, on-site septic systems. Usable sewage disposal areas meeting the is of the sewage disposal requirements of Appendix VII of the Butte County Improvement SOrdsbeen pro" ; exist. The Butte County Environmental Health Division does not object to the use of septic All new septic systems on the project site must be installed under permit from the Environmental H Mrtilmmflon r None 4.7 A,,U` . , _ _ AND HAZARDOUS MATERIALS: ,V .. Wou .. a pro : osal: PotenftHy Less Than Less Than No Reviewed _ Signit%ant Signif%antgni�icant Impact Under Impact with Impact Previous • Niftation Document Incorporated a. Create a significarrt hazard to the public or the environmental through the routine transport use, or X disposal of hazardous materials? b. Create a* hazard cant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous s into the ent? ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 10 of 27 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, X would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the X project result in a safety hazard for people residing or working in the project area? E For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuation plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: It is not anticipated that large quantities of hazardous materials would be permanently stored or used within the project site. During events, vehicle parking will occur on the property. However, hazardous materials would not be used in sufficient strength or quantity to create a substantial risk of fire or explosion, or otherwise pose a substantial risk to human or environmental health. Therefore, implementation of the proposed project would not create a permanent significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. The property is not located within the vicinity of an airport, airport land -use plan, or private airstrip, and does not interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated. The project is located within a State Responsibility Area for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before wildlands. The nearest staffed fire station is Station # 63, located off of SR -70 at Nelson Avenue, approximately 9.8 miles to the south of the site. Volunteer Station # 25 is located off of Durbam Pentz"Roa 'Opprox mately 6.5 miles away, and Vo.WS,atio§ # 67 is located off of Cherokee Road, approximately 5.6 miles away. The Butte County Fire Department/California Department of Forestry and Fire Prevention (CDF) reviewed the project and stated that all development on the site must comply with State and County Fire Safe regulations. To allow property owners to have control over fuel reduction around the structures on their property, Mitigation Measure # 6 requires all new development on the site meet the requirements of PRC -4290 and 4291. Mitigation Measure # 6: Include a condition on the use Permit that states: "The building setback from all property lines shall comply with the requirements of Public Resources Code 4290 and 4291 (Fire Safe Regulations)." Plan Requirements: The required notes shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 11 of 27 ■ Proibct Name: Michael Ballou Use Peanut, File # UP 05-10 Monitoring: The Butte County Fire Department/CDF will review all building and site plans for compliance with PRC 4290 and 4291. The Building Division and the Planning Division shall check building and site plans for compliance prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the final inspection. 4.8 HYDROLOGY AND WATER QUALITY: Impact Di ssion: Domestic water supply for events, including the offices, classroom and iustrooms on the site would be obtained from on-site wells. Butte County Department of Environmental Health has determined that there is adequate area for necessary septic requirements and sufficient quantities of water available for the proposed use. The project is not expected to result in a significant reduction in ground water supplies in the project area due to the existing uses on the site. Project construction activities would be subject to National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disfinbed.. Please refer to Section 4.6 Geological Proccesses for more information. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 12 of 27 ■ Potentiany Less Than Less Than No Reviewed Would the proposal: � ` $ Under Impact with Impact r Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge '_ m` requirements? zli & int b. Sub �y deplete groundwater supplies or interfere , sub tanfay with groundwater rechazge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table levele.the production (g. p r w rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned ' uses for which 'ts have beenprited 3 c. Sub alter the existing drainage pattern of the -,, site or area, including tln+ough. the alteration of the course - �X, X of a stream or river, in a manner which would result M' -� substantial erosion or siltation on- or off-site? d. Substantially alter the e)usting drainage pattern of the site or a includinrw throughthe alteration of - ,S• of a stream or river, or substantially increase the or amount of surface runoff in a manner which wool re �} X in flooding on- or off-site? r e. Create or contrilxrte runoff water whi uld exceed the r drainage " capacity of existing or planned;. X systems or provide substantial FOW runoff? f. Otherwise substantiallde ? X g. Place housing within a -year fl area as ~ mapped by Federal Fl � Bo :: , Flood h�suranve Rate Map, or delineation e� �zard MP? �--: ', ' h. Place wi 1 r' ear fla7.nrd area structures ;ry X which wool , 5, flood flows? .� . L,o-, e s to a significant risk or oss, flooding, including flooding as X a of the ore of a levee or dam? '. In ; , 'che, tsimami, or mudflow? X Impact Di ssion: Domestic water supply for events, including the offices, classroom and iustrooms on the site would be obtained from on-site wells. Butte County Department of Environmental Health has determined that there is adequate area for necessary septic requirements and sufficient quantities of water available for the proposed use. The project is not expected to result in a significant reduction in ground water supplies in the project area due to the existing uses on the site. Project construction activities would be subject to National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disfinbed.. Please refer to Section 4.6 Geological Proccesses for more information. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 12 of 27 ■ 60 0 Proj6d Name: Michael Ballou Use PemuL, File # UP 05-10 The project site is not located within a 100 -year flood zone or 500 -year flood zone as shown on Butte County GIS maps, which are based on Federal Emergency agement Agency Flood Insurance Rate Map 06007C -0800C, dated June 8, 1998. The property is not located in an area prone to mudflow. No impact would occur with respect to this natural hazard The project is bounded on the southeast comer by Dry Creek. Expected activities could degrade water quality if events or activities are permitted adjacent to the Creek. Mitigation Measure #4 provides for a 150 -foot setback along Dry Creek. Mitigation Measure: See Section 4.4, Biological Resources #4. 4.9 LAND USE: rrNNe T y F.* FIN bn act Discussion: The property is designated '' g an ,. 4 Land in the Butte County General Plan Land Use Element and is zoned Unclassified. T4p proposal ul equestrian facility with activities limited to the summer months. The use is consi fla secondary der the General Plan designation and would require a use permit under the current zoning.`., The proposed events and activiti simila to what a cattle ranch wou to 300 people and 100 horses in The proposed use is periodic cattle managemerrt activities. The surrounding area is open land. The parcel sizes range from 150 to over 640 acres. The average parcel size in the suiroundin is 28 s. Based on the larger parcels, and the sloping terrain, the proposed temporary nature of the. . �propo project will not divide the rurallagricultural community. The proposed Conservation. project. miti • 1m :onflict with any adopted Habitat Conservation Plan, Natural Community conservation plan. There are no plans that would be applicable to the proposed None required. ]RESOURCES: _-1: Potentially Less Than Les411 Noy Reviewed Would the proposal: Sigmfncant Significant jh Signicant'= pack Under Would the proposal: p p Impact with Im ' ct Impact Previous linpact Mitigation d ` ; v .: , ', Document Incorporated Document a. Physically divide an established communi ? Incorporated X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the X project (including, but not limited to, the general X . plan, specific plan, local coastal program, or r7 ordinances adopted for the purpose of avoiding or ' .� miti g an emrironmental effect? c. Conflict withlicable habitat conservation y-` X plan or natural community conservation plan? �. j bn act Discussion: The property is designated '' g an ,. 4 Land in the Butte County General Plan Land Use Element and is zoned Unclassified. T4p proposal ul equestrian facility with activities limited to the summer months. The use is consi fla secondary der the General Plan designation and would require a use permit under the current zoning.`., The proposed events and activiti simila to what a cattle ranch wou to 300 people and 100 horses in The proposed use is periodic cattle managemerrt activities. The surrounding area is open land. The parcel sizes range from 150 to over 640 acres. The average parcel size in the suiroundin is 28 s. Based on the larger parcels, and the sloping terrain, the proposed temporary nature of the. . �propo project will not divide the rurallagricultural community. The proposed Conservation. project. miti • 1m :onflict with any adopted Habitat Conservation Plan, Natural Community conservation plan. There are no plans that would be applicable to the proposed None required. ]RESOURCES: _-1: No Reviewed Potential) y Less Than Less Than Would the proposal: p p Secant sig�cant scant Impact Under linpact with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X residents of the state? ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 s Page 13 of 27 ■ r Project Name: Michael Ballou Use Penmt, File # UP 05-10 ' � act Discussion: No ' ' ons have occurred on the project site or in the project area. I'he California mining � S has not classified the 'ect site as located in a Mineral Resource Zone _� The Geological Survey (CG) prod being proposed project would not use or extract any mineral or energy resources and would not a `'.. ss to' own mineral resource areas. Therefore, the project would have no impact on mineral resources.:k., . M tigton Measure: None required. �. 4.11 NOISE: PotentriaRy Less Than Less Than No Reviewed Would the proposal: significant s• •cant signcant Impact Under Impact with Impact Previous Mitigation Document a. Exposure of persons to or generation of noise levels in Incorporated b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local . X general Plan, specific Plan, or other land use plan? ' � act Discussion: No ' ' ons have occurred on the project site or in the project area. I'he California mining � S has not classified the 'ect site as located in a Mineral Resource Zone _� The Geological Survey (CG) prod being proposed project would not use or extract any mineral or energy resources and would not a `'.. ss to' own mineral resource areas. Therefore, the project would have no impact on mineral resources.:k., . M tigton Measure: None required. �. 4.11 NOISE: Imp k iscussii The project site is located in a neral area with generally low noise levels and is not subject to any si giant oise. The only noise on the project site is from the existing uses personal and family uses. Uses associatedf this project, including events will not create a significant increase in ambient noise levels within or in proximity to the project site, since the activities will be temporary, and similar to cattle management activities. During events, the highest noise levels would result from vehicles entering and leaving the property, which can be expected to generate noise levels similar to that generated by traffic on Clark Road. The General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the limited amount of development that would occur due to this project, vehicle noise is not expected to have a significant impact on nearby properties. Furthermore, any such noise disturbance would be intermittent and short-term in nature. ■ Butte County Dgwtn Fent of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 14 of 27 ■ '` Would the proposal: Potentia y SignificantSi Less �,r Less Than No Impact Reviewed Under Impact wit ,, ;Impact Previous ati Document a. Exposure of persons to or generation of noise levels in excess of standardsestablished in the local general plan` or noise ordinance, or applicable of other . agencies? b. Exposure of persons to or generation of------- $�c' and borne vibration or and borne noise ieQs? c. A substantial permanent increase in amb' noise � r levels in the project vicinity above lev . existing ,Y� X without the roject? d. A subs temporary or'c ' in ambient noise levels in thepwect 'cinity a X levels existing without the L-wmt%..� e. For a project located within an land use plan or, where such a plan oot been ted, within two miles of a public �.. _ c use airport, X would the pro 'et expos ple.+esiding or working in the pro' arm, o ex 've noise levels? E For a pro' , ' e vi 'ty of a private airstrip, people residing or working X xcessive noise levels? Imp k iscussii The project site is located in a neral area with generally low noise levels and is not subject to any si giant oise. The only noise on the project site is from the existing uses personal and family uses. Uses associatedf this project, including events will not create a significant increase in ambient noise levels within or in proximity to the project site, since the activities will be temporary, and similar to cattle management activities. During events, the highest noise levels would result from vehicles entering and leaving the property, which can be expected to generate noise levels similar to that generated by traffic on Clark Road. The General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the limited amount of development that would occur due to this project, vehicle noise is not expected to have a significant impact on nearby properties. Furthermore, any such noise disturbance would be intermittent and short-term in nature. ■ Butte County Dgwtn Fent of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 14 of 27 ■ T Project Name: Michael Mou Use Pernut, File # UP 05-10 The project site is not subject to ground -borne vibrations or ground -borne noise and would not generate such vibrations or noise. Therefore, a less-tim4gnificant impact would occur. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur. Mitigation Measure: None required. 4.12 HOUSING: Would the proposal: Potentially scant Less Than Signif%ant Less Than Sig�tificant o .pact Reviewed Under r► �• .� `" Would the pr"sal: Impact with Mitigation Impact No Impact vious Impact Incorporated Impact ent a. Induce subs population growth in an area, either Nfiftidion Incorporated Document chr+ectl for example, by proposing new homes and ' businesses or for example, through ' extension of roads or other ? b. Displace substantial numbers of existing housing,' necessitating the construction of replacement housing > , X X elsewhere? ` - c. Displace substantial numbers of people, necessitating �'��`� X the construction of replacement kousin elsewhere?rePg Impact Discussion: The project is proposing temporary ; additional housing is proposed on the project site. No addip 'nerve participants during events. No area, or in the County, is anticipated. No new ' cture, such as gas, electrical, sewer, an es;. `f roads is needed for this project. Electrical and telephone lines already extend to the prole The prof area is not served by a public sewer system, a community water system, or a natural gas systems No loads we d need to be constructed or extended. Therefore, thero ed would not cause a elation t m the area throughthe extension of roads or other P J The project would not Place Y r` mPat would occur. Mitigation Measurc None reged 4.13 PUBLIC SERVICES: ■ Butte County Dq artment of Development Services ■ ■ Initial Study -- Michael Ballou UP 05-10 s Page 15 of 27 ■ r► �• .� `" Would the pr"sal: Pote�all signcant Less Than signit%ant Less Than Significant No Impact Reviewed Under Impact with Impact Previous r' f Nfiftidion Incorporated Document r�r• a. -Youltin substantial adverse J =gociated ,cal • with theP� ision of or for n r` or physically altered gov .„ ::: facilities, the construction of which X couldca: w�e significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the blic services? b. Fire rotection? X c. Police Protection? X d. Schools? X e. Parks? X f. Other public services? X ■ Butte County Dq artment of Development Services ■ ■ Initial Study -- Michael Ballou UP 05-10 s Page 15 of 27 ■ .`. Project Name: Michael Ballou Use Permit, File # UP 05-10 Impact Discussion: The project site is located in an area designated as having a high to very high fire hazard according to GIS data from the California Division of Forestry and Fire Prevention, The P se would not be adding permanent structures to the existing parcel development. No additional impacts to Butte County Fire Department/California Division of Forestry and Fire Prevention are anticipated. The Butte County Sheriff's Office provides law enforcement service to the project area. Implementation of the proposed project would not increase the police service cal�Lto the vicinity beyond existing conditions. As stated before, the use is established on the site, and is only adding an indoor arelia for the existing number of clientele. E The E proposal would not result in an incremental demand for school facilities i acties n the area since residential nce no new rese P po dwellings are proposed. A less than significant impact is anticipated to other public services. Mitigation Measure: None 4.14 RECREATION: Impact Discussion: The project site is located within the Durham Recreational and Park District. Since the project is not proposing any additional residential dwellings, no impact is anticipated to existing parks and recreational facilities. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: Potentially Less Than Less Than No Reviewed Would the proposal: significant significant significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such X that substantial physical deterioration of the facility X would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities X which might have an adverse physical effect on the X environment? Impact Discussion: The project site is located within the Durham Recreational and Park District. Since the project is not proposing any additional residential dwellings, no impact is anticipated to existing parks and recreational facilities. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 16 of 27 ■ Potentially Less Than Less Than No Reviewed Would the proposal: significant significant significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in X either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in X location that results in substantial safety risks? ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 16 of 27 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 -1- hn act Discussion: Access to the mject site is from a private dirt and gravel road 'th t Clark Road, P P J which is a paved, publicly maintained State Highway. Additional vehicle traffic generated by the proposed use permit will occur during summ _ rations. The total number of participants, including the clients, clients' parents, volunteers {instructors, co�' be as many as 300 people and 100 horses during a major event; therefore the additional v - : r� _ c generated is considered TN potentially significant. The State Department of Transportation re ded t -`` -Y for comments stating that improvements would have to be made to facilitate traffic movemen o and ut of the property. Mitigation #7 requires approval by Cal Trans of these improvements, and the insiall y am` prior to any events or activities. The site is not within any Airport Land Use Land Comp into any protected airspace. The project would not cause Butte County Code Section 24-240 (b) requires a4W operations. .. Pe . �� Eno structures on the site would extend - c patterns. site has ample parking for the day to day This proposed use permit would not conflict with a `� t `Vblicies, plans or programs supporting alternative transportation. ' ' .__ : ' ' e Permit that states: "Prior to the first event or activity, Mitigation Measure # 7. Include on on the Clark Road improvements shall co ted in accord with Cal Trans approved improvement plan and requirements.`° Plan Requirements: The req '� =` shall be included as a condition of approval for the Use Permit. Timing: At the time o -, = uildin `' ; heckin building and site plans shall be checked for compliance with the g P� � g condition. _ e W Monitoring: ThaP1nt son shall check building and site plans for compliance prior to issuance of a building Pedition,'pliance shall be verified prior to the first event or activity open to the public. 4.16,55�iftS AND SERVICE SYSTEMS: Potentially Less Than Less Than No Reviewed Would the proposal: Signif"icant scant scant Impact Under Would Te p. posal: Impact with Impact Impact Previous ,.:. '- Impact Mitigation Impact Document Incorporated Document d. Substantially increase hazards due to a design feature Incorporated (e.g., sharp curves or dangerous intersections) or X X incompatl'b1e uses (e.g., farm ' merit}? e. Result in ' e emen access? X -e E Result in ' e city?, iX Conflict with acceptedPolicies, plans or programs,Vc l PPorting alternative transportation (e.g., bus �~ turnouts, bicycle racks)? -1- hn act Discussion: Access to the mject site is from a private dirt and gravel road 'th t Clark Road, P P J which is a paved, publicly maintained State Highway. Additional vehicle traffic generated by the proposed use permit will occur during summ _ rations. The total number of participants, including the clients, clients' parents, volunteers {instructors, co�' be as many as 300 people and 100 horses during a major event; therefore the additional v - : r� _ c generated is considered TN potentially significant. The State Department of Transportation re ded t -`` -Y for comments stating that improvements would have to be made to facilitate traffic movemen o and ut of the property. Mitigation #7 requires approval by Cal Trans of these improvements, and the insiall y am` prior to any events or activities. The site is not within any Airport Land Use Land Comp into any protected airspace. The project would not cause Butte County Code Section 24-240 (b) requires a4W operations. .. Pe . �� Eno structures on the site would extend - c patterns. site has ample parking for the day to day This proposed use permit would not conflict with a `� t `Vblicies, plans or programs supporting alternative transportation. ' ' .__ : ' ' e Permit that states: "Prior to the first event or activity, Mitigation Measure # 7. Include on on the Clark Road improvements shall co ted in accord with Cal Trans approved improvement plan and requirements.`° Plan Requirements: The req '� =` shall be included as a condition of approval for the Use Permit. Timing: At the time o -, = uildin `' ; heckin building and site plans shall be checked for compliance with the g P� � g condition. _ e W Monitoring: ThaP1nt son shall check building and site plans for compliance prior to issuance of a building Pedition,'pliance shall be verified prior to the first event or activity open to the public. 4.16,55�iftS AND SERVICE SYSTEMS: ■ Butte County Department of Development Services ■ ■ Initial Study —Michael Ballon UP 05-14 m Page 17 of 27 ■ Potentiafly Less Than Less Than No Reviewed Would Te p. posal: scant Significant Significant Impact Under ,.:. '- Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the X a livable Regional Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of X existing facilities, the construction of which could cause si cant environmental effects? ■ Butte County Department of Development Services ■ ■ Initial Study —Michael Ballon UP 05-14 m Page 17 of 27 ■ la Project Name: Michael Ballou Use PemuL, File # UP 05-10 Impact Discussion: The proposedproject would includ r � tries. Thus, the project would not have an impact on any wastewater or water treatment facilities, in ' uat on-site septic systems and private wells would be utilized. � The project would result in a minor increase inthe oUaste being deposited in the Neal Road Landfill. According to the Butte County Public WoAs Departrn t, a Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. B F .ion info � and because the proposed project would comply with all applicable federal, state, and 1 res and re ations as they relate to solid waste, adequate permitted landfill capacity exists to accomm the sed project, and a less -than -significant impact would occur. pa ty �. :-..� p J � � Mitigation Measure: None 4.17 NLANDATOIRYIN6" OF SIG1vIFICANCE (SECTION 15065): 3 7 - Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under � Impact with Impact Previous Mitigation Document Incorporated c. Require or result in the construction of new storm water drainage facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve X 1 the project from existing entitlements and resources, or are new or expanded entitlements r s:.4} needed?� e. Result in a determination on by the wastewater treatment which serves or may serve the y provider project that it has adequate capacity to serve the `�' �� . , _;. projects projected demand in addition to the provider's existing commitments? E Be served by a landfill with sufficient permitted capacity to accommodate the ro'ect"s solid waste ... disposal needs? ` \S g. Comply with federal, state, and local statutes ands.=,. 9- _ regulations related to solid waste? -.-A Impact Discussion: The proposedproject would includ r � tries. Thus, the project would not have an impact on any wastewater or water treatment facilities, in ' uat on-site septic systems and private wells would be utilized. � The project would result in a minor increase inthe oUaste being deposited in the Neal Road Landfill. According to the Butte County Public WoAs Departrn t, a Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. B F .ion info � and because the proposed project would comply with all applicable federal, state, and 1 res and re ations as they relate to solid waste, adequate permitted landfill capacity exists to accomm the sed project, and a less -than -significant impact would occur. pa ty �. :-..� p J � � Mitigation Measure: None 4.17 NLANDATOIRYIN6" OF SIG1vIFICANCE (SECTION 15065): 3 7 - PoteantiaRy Less Than Less Than No Reviewed Would the pt 3S �!� Significant Significant Signif cant Impact Under � Impact with Impact Previous Mitigation Document Incorporated a. a the ti a!substantially degrade the Of th =; vironment, substantially reduce the a 1 or wildlife species, cause a fish or wildlife ation to drop below self-su . ' levels, ten toeliminate a plant or animal X community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of IL California history or Prehistory? ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 18 of 27 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 t Thep roject has the potential to contribute impacts that are individually limited, but cutup 'rel considerable with respect to Initial Study Checklist Items 4.3 - Agricultural Resources; 4.3 - A, irQuality; 4.4 iologlc al Resources; 4.5r�aspo - Cultural Resources; 4.7 - and I�[azardous Materials, 4.8 - /Water Quality; and 4.15 - T rtion/Traffic. Cumulative impacts to these areas would be/iftiti 6, e inclusion of Mitigation Measures # 1 through 7 as itemized under Section 5 - Mitigation M and onitoring Requirements. 5.0 MITIGATION MEASURES AND Mitigation Measure #1: =' Place a condition on the Use Permit that states: "Prior to ..; Maintenance Plan, and obtain approval by the A * . ' { alC Plan Requirements: This note shall also be plac6d on condition of approval for the Use Permit.;� A N Timing: Requirements of the conditig be approi Monitoring: The Butte County G REQUIREMENTS: e activity, prepare an Agricultural Weed )mm sinner." f and site development plans and included as a for to any event or activity. Services shall ensure that the "Plan" is approved. Mitigation Measure #2:. Place a condition on the Use Pe :r t states: "All events and activities (excluding private family activities) shall be limited to the period time be '' ` ' in mid May and continuing through mid September." Plan Requirements: Thi ns...w" wf o be placed on all building and site development plans and included as a condition of auDr-OV9 for se Timing: lfr- Rmts of thondition shall be approved prior to any event or activity. Dent of Development Services shall ensure that the "Plan" is approved. The f j _ g � 'asures shall apply to all event activities. Place a condition on the Use Permit that states: "Dust generat development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust con 1 measures listed below: a. Parking areas are to be kept damp by applying waxer as a dust control measure during events. b. On-site vehicles shall be limited to a speed of 10 mph. c. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air (duality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). ■ Butte County Department of Development Services ■ ■ Initial Study - Michael Ballou UP 05-10 ■ Page 19 of 27 ■ Potentiany Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects,the effects of other I current projects and the effects of probable future k projects)?= c. Does the project have environmental effects which' will cause substantial adverse effects on human X bean s, either directly or indirectly?` , t Thep roject has the potential to contribute impacts that are individually limited, but cutup 'rel considerable with respect to Initial Study Checklist Items 4.3 - Agricultural Resources; 4.3 - A, irQuality; 4.4 iologlc al Resources; 4.5r�aspo - Cultural Resources; 4.7 - and I�[azardous Materials, 4.8 - /Water Quality; and 4.15 - T rtion/Traffic. Cumulative impacts to these areas would be/iftiti 6, e inclusion of Mitigation Measures # 1 through 7 as itemized under Section 5 - Mitigation M and onitoring Requirements. 5.0 MITIGATION MEASURES AND Mitigation Measure #1: =' Place a condition on the Use Permit that states: "Prior to ..; Maintenance Plan, and obtain approval by the A * . ' { alC Plan Requirements: This note shall also be plac6d on condition of approval for the Use Permit.;� A N Timing: Requirements of the conditig be approi Monitoring: The Butte County G REQUIREMENTS: e activity, prepare an Agricultural Weed )mm sinner." f and site development plans and included as a for to any event or activity. Services shall ensure that the "Plan" is approved. Mitigation Measure #2:. Place a condition on the Use Pe :r t states: "All events and activities (excluding private family activities) shall be limited to the period time be '' ` ' in mid May and continuing through mid September." Plan Requirements: Thi ns...w" wf o be placed on all building and site development plans and included as a condition of auDr-OV9 for se Timing: lfr- Rmts of thondition shall be approved prior to any event or activity. Dent of Development Services shall ensure that the "Plan" is approved. The f j _ g � 'asures shall apply to all event activities. Place a condition on the Use Permit that states: "Dust generat development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust con 1 measures listed below: a. Parking areas are to be kept damp by applying waxer as a dust control measure during events. b. On-site vehicles shall be limited to a speed of 10 mph. c. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air (duality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). ■ Butte County Department of Development Services ■ ■ Initial Study - Michael Ballou UP 05-10 ■ Page 19 of 27 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 Plan Requirements: This note shall also be placed on all building and site development plans and included as a condition of approval for the Use Permit: Timing: Requirements of the condition shall be adhered to during all event and activity periods. Monitoring: The Butte County Department of Development Services shall ensure the measure is indicated on all site development plans. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 11Zrtigation Measure ##4: Place a condition on the Use Permit that states: "A 150 -foot no development and no activity zone is a bushed along the length of the north bank of Dry Creek, and a 50 -foot setback along Fallager Creek." ,i � = '. Plan Requirements: This note shall also be placed on all building and site development plans, condition of approval for the Use Permit~ The site development plan shall be modified to Timing: Requirements of the condition shall be approved prior to any event or activity.441 ' n Monitoring: The Butte County Department of Development Services shall ensure= Ott !!i�"Zonettablished by site visit verification during random visits.' s_.. Mitigation Measure # 5: Include a condition on the Use Permit that "Should gg activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads ` m l ; ; ; stone tools or chipping debris, cams, glass, etc.; stlachural rem ains; human skeletal ), work wi 50 f , i shall cease immediately unttl a qualified professional archaeologist can be consulted to ew the and implement appropriate mitigation procedures. Should human skeletal be encountered, w Y immediate notification of the County Coroner. Should the County Coroner determine that ='` archaeological context, the Native American Heritage Commission in Sacrto shall be if'i - ely pursuant to State law, to arrange for Native American participation in the siti " of such 1� P� g � ,�. Plan Requirements: The required notes shall be of approval for the Use Permit. Timing: This measure shall be implemented duig sit 'tn for events, all event activities. Monitoring: The Department of Development Services ; ensure that the required note is on all building and site development plans. Should cultural ces be discov `, the applicant shall immediately stop all work with 50 -. feet of the find and immediately no ' '.epartment o Development Services. The Department of Development Services shall coordinate with th lope x rLL d appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 6: Inc lud , ndition on the use Permit that states: "The building setback from all property lines shall comply with 1 requireii6 _. _ of Public Resources Code 4290 and 4291 (Fire Safe Regulations)." ry Plan Requirements: Th ry4r of shall be included as a condition of approval for the Use Permit. Timing: At tli; a of b * .'ding pYan checking, building and site plans shall be checked for compliance with the condition. f �7Y Monitorng_r®linty Fire De�partment/GDF will review all building and site plans for compliance with ..: Building Division and the Planning Division shall check building and site plans for co 'ance pn ` to ce of a building permits Building inspectors shall ensure compliance by conducting an on -sit `' 'o prior to the final inspection. Miti 'toasure # 7: Include a condition on the use Permit that states: "Prior to the fust event or activity, 11�ti tn� Clark Road' improvements shall be completed in accord with Gal Trans approved improvement plan and requiremejLft." Plan Requirements: The required notes shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Planning Division shall check building and site plans for compliance prior to issuance of a building permit. In addition, compliance shall be verified prior to the first event or activity open to the public. ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 20 of 27 ■ D 5a I t t Project Name: Michael Ballou Use Permit, File # UP 05-10 0 6.0 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 2. Butte County Planning Dent �schaeolocal $ensitivity Man. Oroville, CA: James P. g,1983. .� 3. Butte County Planning Dent. Butte Caimty Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department. Butte County GIS Data. Oroville, CA: November 2001. gl., 5. Butte County Planning Dent cake and Fault Activi Ma 11-1 Seismic Safe Elment Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Dent Environmental Checklist Form, Evaluation of Enviro i act File Number 93-15. Oroville CA: Feb 8 1993.A February \ A _ 7. Butte Coun Plannin Department Erosion Potential Ma 111-2 Safe Element~ � ova CACH2M Hill fiY g p P r: 1977. ` 8. Butte County Planning Department a Soils Mgp 111-3 Safe Ele e, CCS` CH2M Hill, 1977. 9. Butte County Planning Department Li uefaction Potential Mgp 11-2 ismic Safe EI�` t Oroville, CA: CH2M Hill1977. :. 10. Butte County Planning Department Natural Fire Hazard Classes Map 11 „ lenient Oroville, CA: CH2M Hill1977. J 11. Butte County Planning Department Noise Element ME IV -1 S 4 Element Oroville, CA: CH2M Hill, 1977.' 12. Butte County Planning Departments Scenic Hi wa s za 'c wa Element Oroville, CA: CH2M Hill, 1977. s 13. Butte County Planning Department School District vel �CA. 14. Butte County Planning Department. Subside . F :,,and �andsl P4ential MAD 111-1 S&V Element Oroville, CA CH2M Hill, 1977., t � 15. California Department of Transportation, Traffic ; raft,iis�Division. 2000 All Traffic Volumes on Cahforiva State Hi&M System. 2001. 16. California Department of T , " uon, Traffic tions Division. 1998 Truck Volumes on California State Highway System. 1998. 17. California Department of T do :.k., c Operations Division. 1998 All Traffic Volumes on California State HigbM System. 1 18. National. Flood Insurance`;: Floodnsurance Rate MapsFederal Emergency Management Agency. 1989. : 19. USGS Quad Maps. �T 20. California Den o me. California Natural Diversi Data Base. tv 7.0 XONSULTED AGENCIES: [Xj ' onm Ifealth [X] Public Works [X] Building Manager [ ] BCS n-. [X] County Counsel [ ] LAFCo [X] Development Services [ ]Chico Unified School District [X] Air Quafity Management District [ ] City of Chico [ ] Sheriff [ ] City of Gridley [ ] City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [X] Caltrarts (Traffic) [X] CA Central Reg. Water Quality [ ] Department of Conservation [X] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [ ] U.S. Fish & Wildlife Service [X] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] Paradise Unified School Dist. [ ] Feather River Recreation Dist [ ] EI Medio Fire Department [ ] Animal Control [ ] Oroville Union High [X] PG&E [ ] Pacific Bell [ ] Golden Feather Union ■ Butte County Department of Development Services ■ ■ Initial Study - Michael. Ballou UP 05-10 ■ Page 21 of 27 ■ Project Name: Michael Ballou Use Permit, File # UP 05-10 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: I/We have reviewed the Initial Study for the Handi-Riders Use Permit (APN # 041-140- 070) application and particularly the mitigation measures identified herein. I/We hereby modify the applications on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. Project Sponsor/Project Agent Project Sponsor/Project Agent Date Date K:\Planning\PROJECTS\UP\Ballou.UP 05-10\Initial Study BALLOU UP 05-10 - Draft.doc ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 22 of 27 ■ AWN AOM► Project Name: Michael Ballou Use Permit, File # UP 05-10 LOCATION MAP —a ■ Butte County Department of Development Services ■ ■ Initial Study – Michael Ballou UP 05-10 ■ Page 23 of 27 NORTH No Scale Project Name: Michael BaHou Use Permit, File # UP 05-10 Hay Barn Subject Propety m Butte County Department of Development Services a m Initial Study — Michael Ballou UP 05-10 m Page 24 of 27 m Main Yard NORTH No Scale Project Name: Michael Ballou Use Permit, File # UP 05-10 Multi -Use area Main Yard area boundary Irk Camp Panting e a a / �, 7w Cross -Country Course area . Vto ` Portable Event Offices - and Vendor area I' ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 25 of 27 ■ -[:T- NORTH No Scale ... Project Name: Michael Ballou Use Permit, File # UP 05-10 J1R d C rn�a yTi fJ C v 6 C .� N C a 0 ;F 000, a� x EVENT SEASON PLAN 00" ■ Butte County Department of Development Services ■ ■ Initial Study — Michael Ballou UP 05-10 ■ Page 26 of 27 ■ Project Name: Michael Ballou Use Permn, File # UP 05-10 4jo 0, 4 AGRICULTURAL SEASON PLAN m Butte County Department of Development Services m m Initial Study — Michael Ballou UP 05-10 m Page 27 of 27 m