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HomeMy WebLinkAboutMUP19-0006.Masonek.IS-MND.FINAL Department of Development Services Paula Daneluk, Director Pete Calarco, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds BUTTE COUNTY ZONING ADMINISTRATOR NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING MINOR USE PERMIT MUP19-0006 In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Negative Declaration for the project listed below at a public hearing before the Butte County Zoning Administrator to be held on May 27, 2020 at 10:00 am. Due to protocols established for COVID 19 community response, this hearing will be held via an online format. Members of the public who wish to participate in public comment are encouraged to register in advance of the hearing by emailing PCClerk@buttecounty.net. Use the following information to remotely view and participate in the Planning Commission meeting, including the Public Hearing portions, online: Link: https://bcdds.net/ZA_27MAY20 Event (Meeting) Number: 626 892 809 or Phone number: United States Toll Free: 1-844-992-4726, Access Code: 626 892 809 Event Password: Zoning Project Information Project: Minor Use Permit MUP19-0006 (Sandy Masonek) Location: The project site is located at 7373 Cana Highway, 5.3 miles west of State Highway 99, and 7.6 miles northwest of the City of Chico. APN: 047-030-008 Proposal: Minor Use Permit to establish a special event facility to host outdoor wedding ceremonies and receptions, corporate functions and other similar events. The facility will host up to 30 events per year during the fall, spring and summer seasons, with up to 250 guests per event. The California Environmental Quality Act (CEQA) requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Negative Declaration (IS/ND) and reference documents for this project are on file for public review and comment starting April 27, 2020, through May 26, 2020, at the Butte County Planning Division, 7 County Center Drive, Oroville, CA 95965. The IS/ND is also available for review on the County website at http://www.buttecounty.net/dds/Planning/CEQA.aspx. Comments regarding the application may be submitted in writing at any time prior to the hearing or orally at the scheduled hearing listed above or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Zoning Administrator at, or prior to the public hearing. For information, please contact Senior Planner Rowland Hickel, Butte County Development Services Department, Planning Division at (530) 552-3684 or rhickel@buttecounty.net. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the hearing, please contact us at (530) 552-3662. Notification at least 72 hours prior to the hearing will enable staff to make reasonable arrangements. BUTTE COUNTY ZONING ADMINISTRATOR PAULA DANELUK, DIRECTOR OF DEVELOPMENT SERVICES Sandy Masonek Minor Use Permit (MUP19-0006) 1 Butte County March 2020 INITIAL STUDY AND ENVIRONMENTAL REVIEW CHECKLIST California Environmental Quality Act (CEQA) PROJECT INFORMATION 1. Project Title: Sandy Masonek Minor Use Permit (MUP19-0006) 2. Lead Agency Name and Address: Butte County – Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 3. Contact Person and Phone Number: Rowland Hickel, Senior Planner 530.552.3684 rhickel@buttecounty.net 4. Project Location: The project site encompasses 36.10 acres located at 7373 Cana Highway, 5.3 miles west of State Highway 99, and 7.6 miles northwest of the City of Chico; APN: 047-030-008. 5. Project Sponsor’s Name and Address: Sandy Masonek 7373 Cana Highway Chico, CA 95973 6. General Plan Designation: Agriculture (AG) 7. Zoning: AG-80 (Agriculture – 80-acre minimum parcel size) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) Minor Use Permit to establish a special event facility to host wedding ceremonies and receptions, intimate gatherings, corporate functions and other similar events. The facility will host up to 30 events per year during the fall, spring and summer seasons, with up to 250 guests per event. Events may operate on any day of the week on the following schedule: Monday-Thursday (8 am to 9 pm), Friday (8 am to 10 pm), Saturday (9 am to 10 pm), and Sunday (9 am to 9 pm). Events will not exceed 12 hours per day, with no more than three (3) events to occur in one week. Events may use amplified music and sound, including live music, disc jockeys and microphones. Amplified sound is limited to the hours of 10 am to 9 pm, Sunday through Thursday, and 10 am to 10 pm, Friday and Saturday. The outdoor event area is located in the rear yard adjacent to the residence and may include the installation of temporary tents and include amplified music and sound. Amplified music and sound used during events will have speakers oriented away from Cana Highway toward the orchard. No on-site food preparation is proposed at the facility. Food and drinks will be provided by off-site caterers or vendors brought to the facility. On-site parking will be maintained at 1 space for every 4 guests for a total of 63 spaces. The parking areas are open fields located along Cana Highway, on the east and west sides of the residence. An overflow parking area Sandy Masonek Minor Use Permit (MUP19-0006) 2 Butte County March 2020 is adjacent to the rear yard of the residence. Grass in the overflow parking area will be mowed to a maximum height of three inches and will be irrigated to reduce potential fugitive dust and fire hazards. Two full-size permanent restrooms and one disabled-accessible restroom will be provided to the guests. Restrooms are located in the residence and in the cabana house, adjacent to the residence. No on-site advertising signs are proposed. No new construction or additional structures are proposed. 9. Surrounding Land Uses and Setting: (Briefly describe the project’s surroundings) The project site and area consists of large agricultural parcels that range in size from 30 to 80 acres and under orchard production. Few parcels include single-family residential dwellings and accessory agricultural buildings. The closet residence is located across Cana Highway, approximately 550 feet to the north. Three other single-family residences are located approximately 1,500 west of the event area. Cana Highway, a County-maintained road, borders the northern property line and is the primary access to the project site. Direction General Plan Designation Zoning Existing Land Use(s) North Agriculture AG-80 Single-Family Residential/Agriculture South Agriculture AG-80 Agriculture (Orchards) East Agriculture AG-80 Agriculture (Orchards) West Agriculture AG-80 Single-Family Residential/Agriculture The project site is developed with two single-family residences, indoor pool house, cabana house, detached garage and other accessory structures. Domestic water and sewer services are provided by a groundwater well and individual, onsite septic systems. Cana Highway provides primary access to the project site. The road is a paved County road approximately 16 feet wide with dirt and gravel shoulders. The road lies within a 60-foot wide right-of-way under the ownership of the County. A circular driveway off Cana Highway provides access to the main residence and event area. A separate driveway with one connection to Cana Highway provides access to the second residence on the project site. 10. Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement) • Butte County Department Development Services: Building Permits • Butte County Environmental Health Department: Onsite Wastewater Disposal Permits • Butte County Public Works Department: Encroachment Permit 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? See Discussion 1.18 Dicus Slough White Deer LnCana Hwy Bennett Rd MUP19-0006 Sandy Mansonek Minor Use Permit 1:24,000 0 1,500 3,000 4,500750FeetLakes Legend Roads Railroad Streams Project Location ®VICINITY MAP Dicus Slough AG-80 AG-160 Request:File:MUP19-0006047-030-008 Supervisorial District #2 Minor Use Permit AG80 (Agriculture, 80-acre)Sandy Masonek Butte County Zone Districts Assessor Parcel No: ¬ Zoning:Applicant: 0 1,400 2,800 4,200 5,600 7,000700 Feet Project Site ^ Sandy Masonek Minor Use Permit (MUP19-0006) 3 Butte County March 2020 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Where checked below, the topic with a potentially significant impact will be addressed in an environmental impact report. Aesthetics Agriculture and Forest Resources Air Quality Biological Resources Cultural Resources Energy Geology / Soils Greenhouse Gas Emissions Hazards / Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities / Service Systems Wildfire Mandatory Findings of Significance None None with Mitigation Incorporated Sandy Masonek Minor Use Permit (MUP19-0006) 4 Butte County March 2020 DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project COULD have a significant effect on the environment, there WILL NOT be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT 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 standards, 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 standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by Rowland Hickel, Senior Planner Date Reviewed by: Dan Breedon, Interim Planning Manager Date Sandy Masonek Minor Use Permit (MUP19-0006) 5 Butte County March 2020 EVALUATION OF ENVIRONMENTAL IMPACTS 1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. 9. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. Sandy Masonek Minor Use Permit (MUP19-0006) 6 Butte County March 2020 1.1 AESTHETICS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact I. Aesthetics. Except as provided in Public Resources Code section 21099 (where aesthetic impacts shall not be considered significant for qualifying residential, mixed-use residential, and employment centers), would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Discussion a) Have a substantial adverse effect on a scenic vista? No impact. The area surrounding the project site has been highly modified for agricultural production, and contains views of intermittent orchards, agricultural support buildings, and rural residences. There are no unique visual features or scenic vistas in the project area viewable from the project site. Therefore, the project will not substantially interfere with any scenic views, or otherwise, have a demonstrable negative aesthetic effect. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No impact. The proposed project does not include new construction that would disturbed features such as trees, rock outcroppings and historic buildings within a state scenic highway. Further, the project site is not adjacent to a state scenic highway and there are no scenic resources that have been identified on the project site. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less than significant impact. The nearest publicly accessible area to the project site is Cana Highway, located directly adjacent to the north property line of the project site. The project consists of temporary gatherings of Sandy Masonek Minor Use Permit (MUP19-0006) 7 Butte County March 2020 up to 250 people for up to 30 times per year, during specified times and days. The proposed intermittent and temporary gathering of people, together with the ancillary parking of vehicles, on a large parcel, would not cause a permanent change to the rural visual character of surrounding area. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less than significant impact. Outdoor lighting will be used on the project site during events. Lighting will be conditioned to be subject to Article 14, Section 24-67 of Butte County Zoning Code, which requires that all outdoor lighting to be located, adequately shielded, and directed such that no direct light falls outside the property perimeter or into the public right-of-way. Butte County Code section 24-175.2(F.)(7.) also requires outdoor lighting to comply with the requirements of Article 14. A condition of approval will be added to the Minor Use Permit for the project. With the implementation of outdoor lighting regulations and conditions of approval, the proposed project would not create new sources of substantial lighting or glare that would generate a significant impact to surrounding properties. Sandy Masonek Minor Use Permit (MUP19-0006) 8 Butte County March 2020 1.2 AGRICULTURE AND FOREST RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact II. Agriculture and Forest Resources. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997, as updated) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: 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? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? Regulatory Setting Williamson Act/Land Conservation Act (LCA) Contracts The California Land Conservation Act of 1965, commonly known as the Williamson Act, was established based on numerous State legislative findings regarding the importance of agricultural lands in an urbanizing society. Policies emanating from those findings include those that discourage premature and unnecessary conversion of agricultural land to urban uses and discourage discontinuous urban development patterns, which unnecessarily increase the costs of community services to community residents. The Williamson Act authorizes each County to establish an agricultural preserve. Land that is within the agricultural preserve is eligible to be placed under a contract between the property owner and County that would restrict the use of the land to agriculture in exchange for a tax assessment that is based on the yearly production yield. The contracts have a 9-year term that is automatically renewed each year unless the property owner or county requests a non-renewal or the contract is canceled. Sandy Masonek Minor Use Permit (MUP19-0006) 9 Butte County March 2020 Farmland Mapping and Monitoring Program The California Farmland Mapping and Monitoring Program (FMMP) develops statistical data for analyzing impacts on California’s agricultural resources. The FMMP program characterizes “Prime Farmland” as land with the best combination of physical and chemical characteristics that are able to sustain long-term production of agricultural crops. “Farmland of Statewide Importance” is characterized as land with a good combination of physical and chemical characteristics for agricultural production, but with less ability to store soil moisture than prime farmland. “Unique Farmland” is used for the production of the state’s major crops on soils not qualifying as prime farmland or of statewide importance. The FMMP also identifies “Grazing Land”, “Urban and Built-up Land”, “Other Land”, and “Water” that is not included in any other mapping category. California Public Resources Code Section 4526 "Timberland" means land, other than land owned by the federal government and land designated by the board as experimental forest land, which is available for, and capable of, growing a crop of trees of a commercial species used to produce lumber and other forest products, including Christmas trees. Commercial species shall be determined by the board on a district basis. California Public Resources Code Section 12220(g) "Forest land" is land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. Butte County Right to Farm Ordinance Butte County has adopted a Right to Farm Ordinance (Butte County Code Chapter 35, Protection of Agricultural Land). This ordinance protects properly conducted agricultural operations in the unincorporated County against nuisance lawsuits and requires annual disclosure to all property owners within the County of the right to farm. In addition, the ordinance requires disclosure to buyers of real property and as part of development approvals. While the County Right-to-Farm Ordinance specifically applies to commercial agricultural operations within the unincorporated area, all commercial agricultural operations that comply with agricultural standards currently are protected from nuisance claims under State law (Section 3482.5 of the California Civil Code), whether located within cities or unincorporated areas. Agricultural Buffer Policy Pursuant to Policy AG-P5.3 from the General Plan 2030, Butte County has adopted Article 17 of the Butte County Zoning Ordinance which requires a 300-foot buffer between lands zoned agriculture and new residential development. This ordinance applies to parcels where residential structures are to be developed in the following areas of the county: (1) all lands zoned Agriculture; (2) in other zones within 300 feet of the boundary of Agriculture zones; (3) areas inside and within 300 feet of sphere of influence boundaries for incorporated cities, where the boundary abuts parcels zoned Agriculture; and, (4) areas within 300 feet of a Williamson Act Contract. Exceptions to the 300-foot agricultural buffer setback requirement may be requested by the project applicant through an Unusual Circumstances Review application process. Agricultural/Residential Buffer Implementation Guidelines The existing Butte County Zoning Ordinance requires a 300-foot buffer between agricultural and non-agricultural uses. To implement this requirement, and to provide guidance regarding requests for a determination of unusual circumstances, Butte County has prepared Agricultural/Residential Buffer Implementation Guidelines. The buffer must physically separate agricultural and nonagricultural uses and help to minimize potential conflicts. The County may make a determination of unusual circumstances based on criteria outlined in the Guidelines, in which case the buffer may take other forms or be of a lesser distance. Residential Setback from Orchards and Vineyards in Residential Zones The Butte County Zoning Ordinance Section 24-56.1 requires a minimum 25-foot setback to be established between new residential development and existing, active orchards and vineyards that are located in Residential zones. Proposed land divisions adjacent to an active orchard or vineyard shall be reviewed by the Agricultural Sandy Masonek Minor Use Permit (MUP19-0006) 10 Butte County March 2020 Commissioner, in consultation with the Development Services Department, to determine an appropriate setback width, which shall be publicly noticed and reviewed by the hearing body. Discussion 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? No impact. The California Farmland Mapping and Monitoring Program designates approximately 32 acres of the project parcel as “Prime” and 4.1 acres as “Other”. No structures or other development is proposed with this project. Further, the proposed project would utilize areas of the property that are designated as “Other”. A condition of approval would be included with the Minor Use Permit that requires the applicant to prepare an Agricultural Maintenance Plan to the satisfaction of the Butte County Agricultural Commissioner. The maintenance plan will address the long-term maintenance of the existing on-site agriculture activities to reduce potential impacts on adjacent agricultural crops and orchards. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? Less than significant impact. The project site is under an existing Williamson Act Contract. There are other Williamson Act contracted parcels directly adjacent to the south, east and west property lines of the project site. The project site and surrounding area will continue to be used for agricultural purposes. Events are located adjacent to the residence and will not involve the removal of orchards to facilitate the proposed use. The proposed special event facility has been designed to be compatible with the existing agricultural uses of the property, and therefore, will not significantly conflict with agricultural zonings or uses. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No impact. The project site and surrounding area is not classified as forestland, as defined in Public Resources Code Section 12220(g), or as timberland, as defined in Public Resources Code Section 4526. The project site is not zoned or designated for forest or timber resource uses. d) Result in the loss of forest land or conversion of forest land to non-forest use? No impact. The project site is located in the valley region of Butte County and does not contain trees or timber resources classified as forestland, as defined in Public Resources Code Section 12220(g), or as timberland, as defined in Public Resources Code Section 4526. Therefore, the proposed project would not result in the loss or conversion of forest land to a non-forest use. e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? No impact. The project site is designated as “Prime” and “Other” under the California Farmland Mapping and Monitoring Program. Lands within 300 feet of the project site are mostly designated “Prime” with an area to the north that is designated as “Other”. No permanent structures are proposed. And, all proposed uses would occur within the areas of the property that are designated as “Other”. Therefore, the project would not result in the conversion of Farmland to a non-agricultural use. Sandy Masonek Minor Use Permit (MUP19-0006) 11 Butte County March 2020 1.3 AIR QUALITY ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact III. Air Quality. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied on to make the following determinations. Are significance criteria established by the applicable air district available to rely on for significance determinations? Yes No Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Environmental Setting Butte County is located within the Sacramento Valley Air Basin (SVAB), comprising the northern half of California’s 400-mile long Great Central Valley. The SVAB encompasses approximately 14,994 square miles with a largely flat valley floor (excepting the Sutter Buttes) about 200 miles long and up to 150 miles wide, bordered on its east, north and west by the Sierra Nevada, Cascade and Coast mountain ranges, respectively. The SVAB, containing 11 counties and some two million people, is divided into two air quality planning areas based on the amount of pollutant transport from one area to the other and the level of emissions within each. Butte County is within the Northern Sacramento Valley Air Basin (NSVAB), which is composed of Butte, Colusa, Glenn, Shasta, Sutter, Tehama, and Yuba Counties. Emissions from the urbanized portion of the basin (Sacramento, Yolo, Solano, and Placer Counties) dominate the emission inventory for the Sacramento Valley Air Basin, and on-road motor vehicles are the primary source of emissions in the Sacramento metropolitan area. While pollutant concentrations have generally declined over the years, additional emission reductions will be needed to attain the State and national ambient air quality standards in the SVAB. Seasonal weather patterns have a significant effect on regional and local air quality. The Sacramento Valley and Butte County have a Mediterranean climate, characterized by hot, dry summers and cool, wet winters. Winter weather is governed by cyclonic storms from the North Pacific, while summer weather is typically subject to a high pressure cell that deflects storms from the region. In Butte County, winters are generally mild with daytime average temperatures in the low 50s°F and nighttime temperatures in the upper 30s°F. Temperatures range from an average January low of approximately 36°F to an average July high of approximately 96°F, although periodic lower and higher temperatures are common. Rainfall between Sandy Masonek Minor Use Permit (MUP19-0006) 12 Butte County March 2020 October and May averages about 26 inches but varies considerably year to year. Heavy snowfall often occurs in the northeastern mountainous portion of the County. Periodic rainstorms contrast with occasional stagnant weather and thick ground or “tule” fog in the moister, flatter parts of the valley. Winter winds generally come from the south, although north winds also occur. Diminished air quality within Butte County largely results from local air pollution sources, transport of pollutants into the area from the south, the NSVAB topography, prevailing wind patterns, and certain inversion conditions that differ with the season. During the summer, sinking air forms a “lid” over the region, confining pollution within a shallow layer near the ground that leads to photochemical smog and visibility problems. During winter nights, air near the ground cools while the air above remains relatively warm, resulting in little air movement and localized pollution “hot spots” near emission sources. Carbon monoxide, nitrogen oxides, particulate matters and lead particulate concentrations tend to elevate during winter inversion conditions when little air movement may persist for weeks. As a result, high levels of particulate matter (primarily fine particulates or PM2.5) and ground-level ozone are the pollutants of most concern to the NSVAB Districts. Ground-level ozone, the principal component of smog, forms when reactive organic gases (ROG) and nitrogen oxides (NOx) – together known as ozone precursor pollutants – react in strong sunlight. Ozone levels tend to be highest in Butte County during late spring through early fall, when sunlight is strong and constant, and emissions of the precursor pollutants are highest (Butte County CEQA Air Quality Handbook 2014). Air Quality Attainment Status Local monitoring data from the BCAQMD is used to designate areas a nonattainment, maintenance, attainment, or unclassified for the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS). The four designations are further defined as follows: Nonattainment – assigned to areas where monitored pollutant concentrations consistently violate the standard in question. Maintenance – assigned to areas where monitored pollutant concentrations exceeded the standard in question in the past but are no longer in violation of that standard. Attainment – assigned to areas where pollutant concentrations meet the standard in question over a designated period of time. Unclassified – assigned to areas were data are insufficient to determine whether a pollutant is violating the standard in question. Table 1.3-1. Federal and State Attainment Status of Butte County POLLUTANT STATE DESIGNATION FEDERAL DESIGNATION 1-hour ozone Nonattainment - 8-hour ozone Nonattainment Nonattainment Carbon monoxide Attainment Attainment Nitrogen Dioxide Attainment Attainment Sulfur Dioxide Attainment Attainment 24-Hour PM10 Nonattainment Attainment 24-Hour PM2.5 No Standard Attainment Annual PM10 Attainment No Standard Annual PM2.5 Nonattainment Attainment Source: Butte County AQMD, 2018 Sensitive Receptors Sandy Masonek Minor Use Permit (MUP19-0006) 13 Butte County March 2020 Sensitive receptors are frequently occupied locations where people who might be especially sensitive to air pollution are expected to live, work, or recreate. These types of receptors include residences, schools, churches, health care facilities, convalescent homes, and daycare centers. The project site is located in a rural area with residential uses on parcel sizes between 5 and 40 acres. Table 1.3-2 lists sensitive receptors that were identified in the project vicinity and the distances from the project site. Table 1.3-2. Sensitive Receptors in the Project Vicinity SENSITIVE RECEPTORS DISTANCE FROM PROJECT SITE TO RECEPTOR Residence (7346 Cana Highway) 550 feet north Residence (7475 Cana Highway) 1,300 feet west Residence (7480 Cana Highway) 1,500 northwest Source: Butte County Geographical Information System/Google Earth imagery Butte County Air Quality Management District The Butte County Air Quality Management District (BCAQMD) is the local agency with primary responsibility for compliance with both the federal and state standards and for ensuring that air quality conditions are maintained. They do this through a comprehensive program of planning, regulation, enforcement, technical innovation, and promotion of the understanding of air quality issues. Activities of the BCAQMD include the preparation of plans for the attainment of ambient air quality standards, adoption and enforcement of rules and regulations concerning sources of air pollution, issuance of permits for stationary sources of air pollution, inspection of stationary sources of air pollution and response to citizen complaints, monitoring of ambient air quality and meteorological conditions, and implementation of programs and regulations required by the FCAA and CCAA. According to the State CEQA Guidelines, the significance criteria established by the applicable air quality management or air pollution control district may be relied on to make significance determinations for potential impacts on environmental resources. BCAQMD is responsible for ensuring that state and federal ambient air quality standards are not violated within Butte County. Analysis requirements for construction and operation-related pollutant emissions are contained in BCAQMD’s CEQA Air Quality Handbook: Guidelines for Assessing Air Quality and Greenhouse Gas Impacts for Projects Subject to CEQA Review. Established with these guidelines are screening criteria to determine whether or not additional modeling for criteria air pollutants is necessary for a project. The CEQA Air Quality Handbook also contains thresholds of significance for construction-related and operation-related emissions: ROG, NOx and PM10. The screening criteria listed in Table 1.3-4 were created using CalEEMod version 2013.2.2 for the given land use types. To determine if a proposed project meets the screening criteria, the size and metric for the land use type (units or square footage) should be compared with that of the proposed project. If a project is less than the applicable screening criteria, then further quantification of criteria air pollutants is not necessary, and it may be assumed that the project would have a less than significant impact on criteria air pollutants. If a project exceeds the size provided by the screening criteria for a given land use type then additional modeling and quantification of criteria air pollutants should be performed (Butte County Air Quality Management District 2014). Sandy Masonek Minor Use Permit (MUP19-0006) 14 Butte County March 2020 Table 1.3-4. Screening Criteria for Criteria Air Pollutants LAND USE TYPE MAXIMUM SCREENING LEVELS FOR PROJECTS Single-Family Residential 30 Units Multi-Family (Low Rise) Residential 75 Units Commercial 15,000 square feet Educational 24,000 square feet Industrial 59,000 square feet Recreational 5,500 square feet Retail 11,000 square feet Source: Butte County AQMD, CEQA Air Quality Handbook, 2014 Discussion a) Conflict with or obstruct implementation of the applicable air quality plan? No impact. A project is deemed inconsistent with an air quality plan if it would result in population or employment growth that exceeds the growth estimates in the applicable air quality plan (i.e., generating emissions not accounted for in the applicable air quality plan emissions budget). Therefore, proposed projects need to be evaluated to determine whether they would generate population and employment growth and, if so, whether that growth would exceed the growth rate included in the applicable air quality plan. The proposed project would not result in population growth in the County. Special event attendees are transitory, intermittently arriving from local and regional population centers for a short duration. The project would also not result in a substantial amount of new employees. Any new employees would come from the local population, and would not cause relocation of populations or housing. Further, the project would not result in a substantial increase in criteria air pollutants that would cause significant impacts to regional air quality. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less than significant impact. The proposed project has the potential to impact air quality primarily from mobile sources emissions by attendees traveling by motor vehicles to and from the facility, and from energy use emissions associated with the operation of the special event facility. Mobile source emissions produced from motor vehicles include tailpipe and evaporative emissions. Energy use emissions associated with the operation of the facility would be caused by the use of heating and cooling systems, lighting, and powering of equipment. Overall, operational emissions generated by the project are not expected to be substantial and would not violate existing air quality standards because events are intermittent and short in duration. Further, full use of the project is below the Commercial land-use type screening criteria listed above in Table 1.3-3, and therefore, would not exceed the significance thresholds established in the BCAQMD, CEQA Air Quality Handbook. c) Expose sensitive receptors to substantial pollutant concentrations? Less than significant impact. Sensitive receptors in the project area and their distances from the project site area contained Table 1.3-2. Based on the information provided in section b.), above, the proposed project would not result in the violation of any air quality standards or contribute substantially to an existing or projected air quality violation, except for potential fugitive dust emissions during operations. Implementation of conditions of approval that outline the applicant’s commitment towards fugitive dust control would reduce exposure of these emissions to surrounding sensitive receptors to a less than significant level. Sandy Masonek Minor Use Permit (MUP19-0006) 15 Butte County March 2020 d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less than significant impact. No objectionable odors would be caused by the project. Any odors generated by events would be similar to odors typically generated by residential uses. Any such odors generated by the project would be temporary and limited to the area adjacent to the event areas, thereby not impacting a substantial number of people. Since odor impacts would be temporary and limited to the area adjacent to the operations, and because the project site is located in a rural area of the county, odors would not impact a substantial number of people for an extended time. Sandy Masonek Minor Use Permit (MUP19-0006) 16 Butte County March 2020 1.4 BIOLOGICAL RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IV. Biological Resources. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the 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, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Environmental Setting Vegetation Communities Agricultural Land Agricultural land is the dominant vegetation community within the project site. Agricultural lands established on fertile soils that historically supported abundant wildlife have been greatly diminished when the land was converted to agricultural uses and intensively managed. Many species of rodents and birds have adapted to agricultural lands, but they are often controlled by fencing, trapping, and poisoning to prevent excessive crop losses. Common species observed within this community type includes mourning dove, American crow, Brewer’s blackbird, sandhill crane, various raptor species, egrets, and many species of rodents. Special-status wildlife species associated with agricultural Sandy Masonek Minor Use Permit (MUP19-0006) 17 Butte County March 2020 lands, such as the northern harrier and giant garter snake, may use adjacent irrigation canals and freshwater marsh vegetation for foraging or breeding. Giant garter snakes have the potential to occur in irrigation canals and can use the adjacent agricultural lands as foraging and basking habitat. Swainson’s hawks also will forage in agricultural lands. Irrigated pastures may provide suitable nesting habitat for the northern harrier and short-eared owl. Special-Status Species 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 and the California Department of Fish and Wildlife (CDFW) have designated others as “Species of Special Concern”. The California Native Plant Society (CNPS) has developed its own lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as “special status species.” Various direct and indirect impacts to biological resources may result from the small amount of development enabled by the project, including the loss and/or alteration of existing undeveloped open space that may serve as habitat. Increased vehicle trips to and from the project site can result in wildlife mortality and disruption of movement patterns within and through the project vicinity. Disturbances such as predation by pets (e.g., cats and dogs) and human residents may also occur at the human/open space interface, while conversion of land from lower to higher density residential use can lead to a predominance of various urban-adapted wildlife species (e.g., coyotes, raccoons, ravens and blackbirds) that have been observed to displace more sensitive species. California Environmental Quality Act Guidelines Section 15065 requires a mandatory finding of significance for projects that have the potential to substantially degrade or reduce the habitat of a threatened or endangered species, and to fully disclose and mitigate impacts to special status resources. For the purposes of this Initial Study, the California Environmental Quality Act (Sections 21083 and 21087, Public Resources Code) defines mitigation as measure(s) that: • Avoids the impact altogether by not taking a certain action or parts of an action. • Minimizes impacts by limiting the degree or magnitude of the action and its implementation. • Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment. • Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project. • Compensates for the impact by replacing or providing substitute resources or environments. The California Natural Diversity Database (CNDDB) was reviewed to determine if any special-status species have the potential to occur on the project site or its vicinity. Table 1.4-1 lists each special-status species identified within a two-mile radius of the project site, along with regulatory status and habitat requirements for each special-status species. A total of five special-status species are known to inhabit areas within the vicinity of the project site. Table 1.4-1. Special-Status Species in the vicinity of the project site Scientific Name Common Name Federal Status State Status CNPS/DFG List Habitat INVERTEBRATES/INSECTS Desmocerus californicus dimorphus valley elderberry longhorn beetle Threatened None Occurs only in the Central Valley of California, in association with blue elderberry. BIRDS Sandy Masonek Minor Use Permit (MUP19-0006) 18 Butte County March 2020 Coccyzusamericanus occidentalis western yellow-billed cuckoo Threatened Endangered Riparian forest nester, along the broad, lower flood- bottoms of larger river systems. Pandion haliaetus osprey None None Ocean shore, bays, freshwater lakes, and larger streams. Riparia riparia bank swallow None Threatened Nests in bluffs or banks, usually adjacent to water, where the soil consists of sand or sandy loam. FISH Oncorhynchus Mykiss Central Valley Steelhead Threatened None Aquatic Source: California Natural Diversity Database. Discussion a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? No impact. No construction activities or permanent improvements are proposed that would disturb any areas within the project site or surrounding area. Further, the project site has been extensively disturbed with existing development (i.e., residence, accessory buildings, driveways, etc.) and long-established agricultural activities. As a result, the biological features and soils of the project site does not have the necessary habitat that would support sensitive wildlife and plant species identified in Table 1.4-1. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? No impact. Review of the project site and project area did not discover the presence of any riparian habitat or other sensitive habitat type. Further, no construction activities or permanent structures are proposed that would cause alterations or impacts to any riparian area or waterway with the project site. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No impact. No federally protected wetlands exists within the project site, as defined by Section 404 of the Clean Water Act. Further, no construction activities are proposed that may lead to potential impacts to USACE jurisdictional drainages or wetland features. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No impact. The project site is not located within the Butte County migratory deer corridors. No major migratory routes or corridors have been designated through the project site, and the existing developed components of the project area (i.e. roads and fenced parcels) typically preclude use of the area as a migratory wildlife corridor for large mammals. However, the site may facilitate home range and dispersal movement of resident wildlife Sandy Masonek Minor Use Permit (MUP19-0006) 19 Butte County March 2020 species, including birds, small mammals and other wildlife. With the project not proposing the construction of any new structures, it’s not anticipated that proposed activities would not interfere with existing migratory wildlife populations. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less than significant impact. No trees are proposed to be removed. Proposed activities would be locate in areas of the property already disturbed by existing residential and agricultural uses. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No impact. The Butte Regional Conservation Plan (BRCP) is a joint Habitat Conservation Plan (HCP)/National Community Conservation Plan (NCCP) that is currently being prepared for the western half of the Butte County. In the event the BRCP is adopted, individual projects and development that occur in the BRCP planning area would need to be coordinated with the Butte County Association of Governments to ensure that the project does not conflict with the BRCP. As the plan has not been adopted, the proposed project will not conflict, nor interfere with, the attainment of the goals of the proposed plan. Sandy Masonek Minor Use Permit (MUP19-0006) 20 Butte County March 2020 1.5 CULTURAL RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact V. Cultural Resources. Would the project: a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? c) Disturb any human remains, including those interred outside of dedicated cemeteries? Discussion a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? No impact. The project site is extensively disturbed from existing uses and structures. No new construction or ground-disturbing activities are proposed that would result in impacts to historic or cultural resources. No features exist on the property, including objects, sites, or landscapes, that could be considered as having cultural value to California Native American tribes, or eligible for listing in the California Register of Historic Resources. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? No impact. The project site is extensively disturbed from existing uses and structures. No new construction or ground-disturbing activities are proposed that would result in impacts to historic or cultural resources. No features exist on the property, including objects, sites, or landscapes, that could be considered as having cultural value to California Native American tribes, or eligible for listing in the California Register of Historic Resources. c) Disturb any human remains, including those interred outside of formal cemeteries? No impact. Indications are that humans have occupied Butte County for over 10,000 years and it is not always possible to predict where human remains may occur outside of formal burials. Therefore, excavation and construction activities, regardless of depth, may yield human remains that may not be interred in marked, formal burials. Under CEQA, human remains are protected under the definition of archaeological materials as being “any evidence of human activity.” Additionally, Public Resources Code section 5097.98 has specific stop-work and notification procedures to follow if human remains are inadvertently discovered during project implementation. Sandy Masonek Minor Use Permit (MUP19-0006) 21 Butte County March 2020 1.6 ENERGY ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VI. Energy. Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Discussion a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than significant impact. The proposed project would consume energy primarily from long-term electricity and propane gas consumption, energy used for water conveyance, and vehicle operations to and from the proposed facility during events. Long-term energy consumption would consume electricity and/or propane gas for space heating, water heating, and cooking. Whereas, electricity would primarily be used for lighting, appliances, water conveyance and other activities during special events. The project would also generate additional vehicle trips by attendees travelling to and from the facility, which would result in the consumption of transportation fuel. State and federal regulatory requirements addressing fuel efficiency are expected to increase fuel efficiency over time as older, less fuel-efficient vehicles are retired, and therefore would reduce vehicle fuel energy consumption rates over time. Therefore, energy impacts related to fuel consumption/efficiency during project operations would be less than significant. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency Less than significant impact. Many of the state and federal regulations regarding energy efficiency are focused on increasing building efficiency and renewable energy generation, as well as reducing water consumption and Vehicles Miles Traveled. The proposed project does not include any construction activities that would require reductions in the idling time of heavy equipment or implementation of energy conservation measures for any new structures. An increase in vehicles trips to and from the project site, which would result in the consumption of transportation fuel. However, the County’s Climate Action Plan does not include any greenhouse gas reduction measures for vehicles to apply to the design of the proposed project. Sandy Masonek Minor Use Permit (MUP19-0006) 22 Butte County March 2020 1.7 GEOLOGY AND SOILS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VII. Geology and Soils. Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to California Geological Survey Special Publication 42.) ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Sandy Masonek Minor Use Permit (MUP19-0006) 23 Butte County March 2020 Discussion a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to California Geological Survey Special Publication 42.) Less than significant impact. No known active faults are underlying, or adjacent to, the project site. The Cleveland Hill fault is the only active fault zone in Butte County identified in the most recent Alquist-Priolo Earthquake Fault Zoning Map. The Cleveland Hill fault is located east of Dunstone Drive and Miners Ranch Road, between North Honcut Creek and Mt. Ida Road, approximately 4± miles southeast of the City of Oroville. Because the nearest active fault is located a considerable distance from the project site, the likelihood of a surface rupture at the project site is very low, and would not be a design consideration for future development. ii) Strong seismic ground shaking? Less than significant impact. Ground shaking at the project site could occur due to the earthquake potential of the region’s active faults. However, active faults are relatively distant from the project site and would result in low to moderate intensity ground shaking during seismic events. iii) Seismic-related ground failure, including liquefaction? Less than significant impact. According to Butte County General Plan 2030, areas that are at risk for liquefaction can be found on the valley floor, especially near the Sacramento and Feather Rivers, and their tributaries, which have a higher potential to contain sandy and silty soils. However, no new construction activities are proposed that would result in an unstable structure iv) Landslides? Less than significant impact. No new construction or ground disturbing activities are proposed. Further, the project area is primarily level with 0-2% slopes. As a result, the landslide potential for the project site and surrounding area is low. b) Result in substantial soil erosion or the loss of topsoil? No impact. According to Figure 4.6-4 of Butte County General Plan 2030, the project site has a “slight” potential of soil erosion. Nevertheless, surface soil erosion and loss of topsoil have the potential to occur in any area of the county from disturbances associated with the construction-related activities. Construction activities could also result in soil compaction and wind erosion effects that could adversely affect soils and reduce the revegetation potential at the construction site and staging areas. However, no new construction activities are proposed that would result in soil erosion and loss of topsoil. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? No impact. No new construction activities are proposed that would result in the destabilization of natural or constructed slopes, subsidence, or liquefaction. Sandy Masonek Minor Use Permit (MUP19-0006) 24 Butte County March 2020 d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property? No impact. According to Figure 4.6-3 of Butte County General Plan 2030, the project site is located in an area with a moderate potential to have expansive soils, which can cause structural damage to existing structures particularly when concrete structures are in direct contact with the soils. Existing buildings were constructed under County-issued permit, and had been built structurally sound for the soil conditions of the site. No new construction of structures are proposed that would create additional risk to life or property. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Less than significant impact. No new construction or ground-disturbing activities are proposed that would result in impacts to water quality. Wastewater disposal for events would be provided by the existing septic systems on the property or by portable toilets temporarily brought into the site. No new systems are proposed. In the event a new system is constructed, an On-Site Wastewater System Construction Permit must be approved by the Butte County Environmental Health Division, under a ministerial permit application. Application for a Construction Permit will include detailed plans of the proposed wastewater system, prepared by a Certified Installer or Certified Designer, which will demonstrate compliance with County regulations and the County’s On-Site Wastewater Manual, and to ensure a safe, sanitary, and environmentally sound wastewater system. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No impact. No new construction or ground disturbing activities are proposed. Sandy Masonek Minor Use Permit (MUP19-0006) 25 Butte County March 2020 1.8 GREENHOUSE GAS EMISSIONS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VIII. Greenhouse Gas Emissions. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Environmental Setting The Butte County Climate Action Plan (CAP) was adopted on February 25, 2014. The Butte County CAP provides goals, policies, and programs to reduce GHG emissions, address climate change adaptation, and improve the quality of life in the county. The Butte County CAP also supports statewide GHG emission-reduction goals identified in AB 32 and SB 375. Programs and actions in the CAP are intended to help the County sustain its natural resources, grow efficiently, ensure long-term resiliency to a changing environmental and economic climate, and improve transportation. The Butte County CAP also serves as a Qualified GHG Reduction Strategy under CEQA, simplifying development review for new projects that are consistent with the CAP. A 2006 baseline GHG emission inventory was prepared for unincorporated Butte County. The inventory identified the sources and the amount of GHG emissions produced in the county. The leading contributors of GHG emissions in Butte County are agriculture (43%), transportation (29%), and residential energy (17%). The Climate Action Plan (CAP) adopted by the County provides a framework for the County to reduce GHG emissions while simplifying the review process for new development. Measures and actions identified in the CAP lay the groundwork to achieve the adopted General Plan goals related to climate change, including reducing GHG emissions to 1990 levels by 2020. New projects are evaluated to determine consistency with the CAP and to identify which GHG emission reduction measures would be implemented with project approval. These measures may include the expansion of renewable energy systems for new residential development by prewiring future development for photovoltaic systems; reduction of construction equipment idling time; and, installation of electric vehicle charging outlets in the garage or the exterior of the home. Discussion a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. Existing development and infrastructure is available to support the proposed project, and therefore, no new construction activities will occur as part of the proposed project. The Butte County Climate Action Plan includes several measures to off-set GHG emissions. However, recommended measures are associated with construction of new non-residential buildings and construction activities, and would not be applicable for use with the proposed project. Operation of the facility would increase energy consumption, as well as cause an increase in motor vehicle trips to and from the project site, which would both generate additional GHG emissions. The total amount of emission generated by the project was not evaluated; however, minimal emissions are anticipated due to the intermittent use of the site as an event facility. Sandy Masonek Minor Use Permit (MUP19-0006) 26 Butte County March 2020 b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact. The Butte County General Plan and Butte County Climate Action Plan established numerous policies relative to greenhouse gas emissions, consistent with AB 32 greenhouse gas emission reduction goals. The proposed project was reviewed in respect to the CAP’s policies and relevant reduction measures to determine if measures could be applied. However, because the project does not propose new construction, established GHG reduction measures would not be applicable. Sandy Masonek Minor Use Permit (MUP19-0006) 27 Butte County March 2020 1.9 HAZARDS AND HAZARDOUS MATERIALS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IX. Hazards and Hazardous Materials. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and/or accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, 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 project result in a safety hazard or excessive noise for people residing or working in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? Discussion a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less than significant impact. The proposed use may involve the use of potentially hazardous materials, including paints, cleaning materials, vehicle fuels, oils, and transmission fluids. However, all potentially hazardous materials would be contained, stored, and used in accordance with manufacturers’ instructions and handled in compliance with applicable standards and regulations. It is not anticipated that large quantities of hazardous materials would be permanently stored or used within the project site. It is more likely that only small quantities of publicly-available hazardous materials (e.g., paint, maintenance supplies) may be routinely Sandy Masonek Minor Use Permit (MUP19-0006) 28 Butte County March 2020 used within the project site for routine maintenance and cleaning. However, these 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. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and/or accident conditions involving the release of hazardous materials into the environment? Less than significant impact. The project would not emit hazardous emissions or handle hazardous materials. Small quantities of publicly-available hazardous materials (e.g., paint, maintenance supplies) would be routinely used within the project site for maintenance and cleaning, and these materials will 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. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No impact. No existing or proposed schools have been identified within one-quarter mile of the project site. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would it create a significant hazard to the public or the environment? No impact. A review of regulatory agency databases, which included lists of hazardous materials sites compiled pursuant to California Government Code Section 65962.5, did not identify a contamination site within one-quarter mile of the project site. 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 project result in a safety hazard or excessive noise for people residing or working in the project area? No impact. No public use airports have been identified to be located within two miles of the project site. The closest public use airport is the Chico Airport, located approximately 9 miles to the southeast of the project site. The proposed project is located outside the compatibility zones for the area airports, and therefore, would not result in impacts to people residing on, or visiting, the project site. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No impact. The proposed project would design and maintain existing driveways following applicable standards associated with vehicular access, and will not interfere with existing roadways that provide for adequate emergency access and evacuation. The project does not include any actions that physically interfere with any emergency response or emergency evacuation plans. The project would add a small number of trips onto the area roadways; however, area roadways and intersections would continue to operate at an acceptable level of service. Additionally, no road improvements within a County right-of-way is anticipated. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? No impact. The project site is located in an area surrounded by cultivated agricultural land and residential uses, and is not located in a Moderate, High, or Very High Fire Hazard Severity Zone. As a result, the project Sandy Masonek Minor Use Permit (MUP19-0006) 29 Butte County March 2020 site is not located in an area susceptible to wildland fire hazards. The project site and any proposed buildings are subject to California Fire Code standards, which would be implemented through permit conditions of approval and future building permits. The project site is designated as a high fire hazard by the State Department of Forestry and Fire Protection. 1.10 HYDROLOGY AND WATER QUALITY ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact X. Hydrology and Water Quality. Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial on- or offsite erosion or siltation; ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) Impede or redirect flood flows? d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Sandy Masonek Minor Use Permit (MUP19-0006) 30 Butte County March 2020 Discussion a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? No impact. No new construction or ground-disturbing activities are proposed that would result in impacts to water quality. Wastewater disposal for events would be provided by the existing septic systems on the property or by portable toilets temporarily brought into the site. No new systems are proposed. However, in the event a new system is constructed, an On-Site Wastewater System Construction Permit must be approved by the Butte County Environmental Health Division, under a ministerial project application. Application for a Construction Permit will include detailed plans of the proposed wastewater system, prepared by a Certified Installer or Certified Designer, which will demonstrate compliance with County regulations and the County’s On-Site Wastewater Manual, and also to ensure a safe, sanitary, and environmentally sound wastewater system. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No impact. Domestic water to existing and planned uses on the subject parcel may be provided by groundwater extraction or by bottled water. Water use for the proposed project is minimal, and would not substantially deplete groundwater supplies. Further, no additional improvements are proposed that would result in a reduction of groundwater infiltration rates. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial on- or offsite erosion or siltation; No impact. No new construction or ground-disturbing activities are proposed that would substantially alter existing drainage patterns on the site or surrounding area. ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; No impact. No new construction or ground-disturbing activities are proposed that would substantially alter existing drainage patterns on the site or surrounding area, or substantially increase the rate of surface runoff. iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or Less than significant impact. Planned stormwater drainage systems in the project area currently consist of a system of roadside ditches and culverts that capture surface runoff, which ultimately infiltrates into the underground aquifer or conveyed to area waterways. General Plan 2030 Water Resource Element contains several policies that address stormwater runoff capacity. Policy W-P1.4 encourages Low Impact Development, which minimizes impervious areas, minimizes runoff and pollution, and incorporates best management practices. Policy W-P5.3 allows and encourages pervious pavements. Policy W-P5.5 requires that stormwater collection systems be installed concurrently with the construction of new roadways to maximize efficiency and minimize disturbance due to construction activity. Policy HS-P3.2 requires that applicants for new development provide plans detailing existing drainage conditions and specifying how runoff will be detained or Sandy Masonek Minor Use Permit (MUP19-0006) 31 Butte County March 2020 retained on-site and/or conveyed to the nearest drainage facility, without increasing the peak flow runoff to said channel or facility. Policy HS-P3.3 requires that all development include stormwater control measures and site design features that prevent any increase in the peak flow runoff to existing drainage facilities. The proposed project would not generate runoff from the site because no new construction or ground-disturbing activities are proposed. iv) Impede or redirect flood flows? Less than significant impact. The floodplain mapping of the project area identifies the project site being located within the A zone. The A zone is defined by FEMA as areas subject to inundation by the 1 percent annual chance flood event generally determined using approximate methodologies. No development is proposed with the project. In the event there are site improvements, Butte County Public Works will review the project to ensure that surface flows will be adequately directed to planned and existing stormwater drainage facilities. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less than significant impact. The floodplain mapping of the project area identifies the project site being located within the A zone. The A zone is defined by FEMA as areas subject to inundation by the 1 percent annual chance flood event generally determined using approximate methodologies. The project site is not located in an area that would be impacted by a seiche, tsunami, or mudflow. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No impact. The project site is not located in an area subject to a water quality control plan or sustainable groundwater management plan. Sandy Masonek Minor Use Permit (MUP19-0006) 32 Butte County March 2020 1.11 LAND USE AND PLANNING ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XI. Land Use and Planning. Would the project: a) Physically divide an established community? b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Environmental Setting Butte County General Plan The General Plan represents the basic community values, ideals and aspirations with respect to land use, development, transportation, public services, and conservation policy that will govern Butte County through 2030. The land use element of the general plan designates the land use of areas within the county, and includes a description of the characteristics and intensity of each land use category. The land use designation for the project site is Agriculture. Butte County Zoning Ordinance The Zoning Ordinance implements the goals and policies of the Butte County General Plan by regulating the uses of land and structures within the County. The zoning designation of the proposed project site and the intended uses of the site are as follows: Agriculture, 80-acre minimum parcel size (AG-80) The purpose of the AG zone is to support, protect, and maintain a viable, long- term agricultural sector in Butte County. Standards for the AG zone maintain the vitality of the agricultural sector by retaining parcel sizes necessary to sustain viable agricultural operations, protecting agricultural practices and activities by minimizing land-use conflicts, and protecting agricultural resources by regulating land uses and development intensities in agricultural areas. Permitted uses include crop cultivation, animal grazing, stock ponds, and agricultural processing. More intensive agricultural activities, such as animal processing, dairies, hog farms, stables, forestry and logging, and mining and oil extraction, are permitted with the approval of a Conditional Use Permit. One (1) single-family home and one (1) second unit and accessory dwelling unit is permitted on each legally established parcel within the AG zone, and residential uses for agricultural employees are permitted as an accessory use within the AG zone. The minimum permitted parcel size in the AG zone ranges from twenty (20) acres to one hundred sixty (160) acres. The AG zone implements the Agriculture land use designation in the General Plan. Butte County Code §24-175.2 (Special Event Facilities) This section establishes a permit process and standards for the development and operation of special event facilities accessory to an owner’s primary residence, or manager’s residence if the manager is responsible for running the special events facility, in the AG (Agriculture), TM (Timber Mountain), RR (Rural Residential), FR (Foothill Residential), and VLDR (Very Low Density Residential) zones. Special Event Facilities under this section require approval of a Minor Use Permit, subject to the following findings: A. Complies with the standards and operational limitations set-forth under this section, and, B. Will not be incompatible with surrounding land uses: Sandy Masonek Minor Use Permit (MUP19-0006) 33 Butte County March 2020 1. The design of the special events facility in terms of its physical and operating characteristics. 2. The intensity of the use proposed and density of the surrounding area, including the size of the parcel proposed for the special event facility and the size of surrounding parcels. 3. The distance to surrounding sensitive receptors, including residences, from the special event facility. 4. The type of sound generated by the special event facility and whether the facility includes an allowance for amplified music, non-amplified music or no music, and the location where amplified and non-amplified music may take place. 5. The location of noise producing activities such as stages, party areas, speakers, temporary tents, and dance floors, including whether such activities may take place entirely within enclosed structures, partially enclosed structures, or in outdoor areas and their proximity to surrounding sensitive receptors. 6. The allowed number of events per year, frequency of events, and allowed number of guests that may occupy the site at any given time. Butte County Code §24-222 (Minor Use Permit - Findings) A. The proposed use is allowed in the applicable zone. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. Discussion a) Physically divide an established community? No impact. The subject property is currently developed with a single-family residence and accessory structures and uses. The proposed project would be located outdoors and would not interfere with existing structures. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No impact. The project is deemed consistent if the proposed uses are consistent with the applicable General Plan designation and text, the applicable General Plan is legally adequate and internally consistent, and the anticipated types of services to be provided are appropriate to the land use designated for the area. The proposed project does not include an amendment to the existing land use designation, or a change to the existing land uses occurring on the project site. The proposed project is a request for a Minor Use Permit, consistent with Section 24-175.2 of the Butte County Zoning Ordinance, including the standards established for the operation of special event facilities. Implementation of the project would not result in a conflict with zoning ordinances because the project is a conditionally allowed use in the AG zone with the approval of a minor use permit. The project will be designed and conditioned to be consistent with applicable zoning standards and General Plan policies. Sandy Masonek Minor Use Permit (MUP19-0006) 34 Butte County March 2020 1.12 MINERAL RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XII. Mineral Resources. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Discussion a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No impact. There are no known economically viable sources of rock materials near the project site. No mining operations have occurred on the project site or surrounding area, and the project would not preclude future extraction of available mineral resources. Mineral resource extraction is not proposed with this project. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No impact. The project site is not within or near any designated locally-important mineral resource recovery site. Sandy Masonek Minor Use Permit (MUP19-0006) 35 Butte County March 2020 1.13 NOISE ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIII. Noise. Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards? b) Generation of excessive groundborne vibration or groundborne noise levels? c) For a project located within the vicinity of a private airstrip or 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 project expose people residing or working in the project area to excessive noise levels? Environmental Setting According to the Butte County General Plan 2030, noise is a concern throughout Butte County, but especially in rural areas and in the vicinity of noise-sensitive uses such as residences, schools, and churches. Noise is discussed in the Health and Safety Chapter of the Butte County General Plan 2030. Tables HS-2 and HS-3 in the County General Plan (included as Tables 1.13-1 and 1.13-2 below) outline the maximum allowable noise levels at sensitive receptor land uses. Table 1.13-1. Maximum Allowable Noise Exposure Transportation Noise Sources LAND USE Exterior Noise Level Standard for Outdoor Activity Areasa Interior Noise Level Standard Ldn/CNEL, dB Leq, dBAb Ldn/CNEL, dB Leq, dBAb Residential 60c - 45 - Transient Lodging 60c - 45 - Hospitals, nursing homes 60c - 45 - Theaters, auditoriums, music halls - - - 35 Churches, meeting halls 60c - - 40 Office Buildings - - - 45 Schools, libraries, museums - 70 - 45 Playgrounds, neighborhood parks - 70 - - Source: Table HS-2, Butte County General Plan 2030 a Where the location of outdoor activity areas is unknown, the exterior noise-level standard shall be applied to the property line of the receiving land use. b As determined for a typical worst-case hour during periods of use. Sandy Masonek Minor Use Permit (MUP19-0006) 36 Butte County March 2020 c Where it is not possible to reduce noise in outdoor activity areas to 60 dB Ldn/CNEL or less using a practical application of the best-available noise reduction measures, an exterior noise level of up to 65 dB Ldn/CNEL may be allowed, provided that available exterior noise-level reduction measures have been implemented and interior noise levels are in compliance with this table. Table 1.13-2. Maximum Allowable Noise Exposure Non-Transportation Noise Sources NOISE LEVEL DESCRIPTION Daytime 7 am - 7 pm Evening 7 pm - 10 pm Night 10 pm - 7 am Urban Non-Urban Urban Non-Urban Urban Non-Urban Hourly Leq (dB) 55 50 50 45 45 40 Maximum Level (dB) 70 60 60 55 55 50 Source: Table HS-3, Butte County General Plan 2030 Notes: 1. “Non-Urban designations” are Agriculture, Timber Mountain, Resource Conservation, Foothill Residential and Rural Residential. All other designations are considered “urban designations” for the purposes of regulating noise exposure. 2. Each of the noise levels specified above shall be lowered by 5 dB for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises. These noise level standards do not apply to residential units established in conjunction with industrial or commercial uses (e.g. caretaker dwellings). 3. The County can impose noise level standards which are up to 5 dB less than those specified above based upon determination of existing low ambient noise levels in the vicinity of the project site. 4. In urban areas, the exterior noise level standard shall be applied to the property line of the receiving property. In rural areas, the exterior noise level standard shall be applied at a point 100 feet away from the residence. The above standards shall be measured only on property containing a noise sensitive land use. This measurement standard may be amended to provide for measurement at the boundary of a recorded noise easement between all affected property owners and approved by the County. Table 1.13.1, above, identifies the maximum allowable noise exposure to a variety of land uses from transportation sources, including from roadways, rail and airports. Table 1.13-2 identifies the maximum allowable noise exposure from non-transportation sources. In the case of transportation noise sources, exterior noise level standards for residential outdoor activity areas are 60 dB (Ldn/CNEL). However, where it is not possible to reduce noise in an outdoor activity area to 60 dB Ldn /CNEL or less using a practical application of the best-available noise-reduction measures, an exterior noise level of up to 65 dB may be allowed, provided that available exterior noise-level reduction measures have been implemented and interior noise levels are in compliance with applicable standards. Butte County Noise Ordinance Chapter 41A, Noise Control, of the Butte County Code of Ordinance applies to the regulation of noise. The purpose of the noise ordinance is to protect the public welfare by limiting unnecessary, excessive, and unreasonable noise. Section 41A-7 specifies the exterior noise limits that apply to land use zones within the County, which are provided in Table 1.13-2. The Butte County Noise Ordinance provides the County with a means of assessing complaints of alleged noise violations and to address noise level violations from stationary sources. The ordinance includes a list of activities that are exempt from the provisions of the ordinance; however, some noise-generating activities associated with future residential uses would not be considered to be exempt from the Noise Ordinance. Relevant information related to the exterior and interior noise limits set out by the Butte County Noise Ordinance are included below. Chapter 41A-9 Exemptions The following are exempted activities identified in Chapter 41A-9 that are applicable to the proposed project: Sandy Masonek Minor Use Permit (MUP19-0006) 37 Butte County March 2020 (f) Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property or public works project located within one thousand (1,000) feet of residential uses, provided said activities do not take place between the following hours: • Sunset to sunrise on weekdays and non-holidays; • Friday commencing at 6:00 p.m. through and including 8:00 a.m. on Saturday, as well as not before 8:00 a.m. on holidays; • Saturday commencing at 6:00 p.m. through and including 10:00 a.m. on Sunday; and, • Sunday after the hour of 6:00 p.m. Provided, however, when an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work into the hours delineated above and to operate machinery and equipment necessary to complete the specific work in progress until that specific work can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner; (g) Noise sources associated with agricultural and timber management operations in zones permitting agricultural and timber management uses; (h) All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of adverse weather conditions or when the use of mobile noise sources is necessary for pest control; (i) Noise sources associated with maintenance of residential area property, provided said activities take place between 7:00 a.m. to sunset on any day except Saturday, Sunday, or a holiday, or between the hours of 9:00 a.m. and 5:00 p.m. on Saturday, Sunday, or a holiday; and, provided machinery is fitted with correctly functioning sound suppression equipment; Chapter 41A-8 Butte County Interior Noise Standards Interior noise standards discussed in Chapter 41A apply to all noise sensitive interior area within Butte County. The maximum allowable interior noise level standards for residential uses is 45 dB Ldn/CNEL, which is designed for sleep and speech protection. The typical structural attenuation of a residence from an exterior noise is 15 dBA when windows facing the noise source is open. When windows in good condition are closed, the noise attenuation factor is around 20 dBA for an older structure and 25 dBA for a newer dwelling. Table 1.13-3. Maximum Allowable Interior Noise Standards NOISE LEVEL DESCRIPTION Daytime 7 am - 7 pm Evening 7 pm - 10 pm Nighttime 10 pm - 7 am Hourly Leq (dB) 45 40 35 Maximum Level (dB) 60 55 50 Source: Butte County Code Chapter 41A-8, Interior Noise Standards Sandy Masonek Minor Use Permit (MUP19-0006) 38 Butte County March 2020 Discussion a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards? Less than significant impact. No noise information from proposed project were provided. However, noises typically contributed by the proposed project includes amplified music and sound, live music, and sounds emanating from event guests. The designated events area located behind the existing residence, situated toward the northern half of the project site would have a separation of approximately 550 feet to the nearest noise-sensitive structure (single-family residence) located across Cana Highway. Noise generated from the project site would be intermittent, and would be turned off by 10 pm of Friday and Saturday evenings, and 9 pm on all other evenings. The applicant also proposes to direct speakers toward the south, away from the nearest sensitive receptor. Noises generated by the project would be subject to Butte County Code, Chapter 41A [Noise Control]. The ordinance provides the County with a means of assessing complaints of alleged noise violations. In the event noises exceed identified noise standards, the applicant would be subject to enforcement action, specified in Chapter 41. Noise generated by the proposed special events facility will also be subject to §24-175.1.F.2 (Special Events Facility Standards-Noise Control), which reinforces the requirements that operational standards meet BCC, Chapter 41A standards, and that the County may conduct field-testing to verify noise levels from the facility. These standards, in addition to the applicant’s commitments to control amplified noise, will be included as conditions of approval to the Minor Use Permit. Compliance with noise level standards established in Butte County Code and the conditions of approval, would ensure that potential noise impacts would be less than significant. b) Generation of excessive groundborne vibration or groundborne noise levels? No impact. No new construction or ground-disturbing activities are proposed that would result in excessive ground borne vibration or ground borne noise levels. c) For a project located within the vicinity of a private airstrip or 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 project expose people residing or working in the project area to excessive noise levels? No impact. No public use airports or private airstrips have been identified to be located within two miles of the project site. The proposed project is located outside the compatibility zones for the area airports, and therefore, would not result in noise impacts to people residing on the project site. Sandy Masonek Minor Use Permit (MUP19-0006) 39 Butte County March 2020 1.14 POPULATION AND HOUSING ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIV. Population and Housing. Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Discussion a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No impact. The proposed project would not result in population growth in the County. Special event attendees are transitory, arriving from local and regional population centers for a short duration. The project would not result in a substantial amount of new employees. Any new employees would likely come from the local work force, and would not cause relocation of populations or the need for additional housing. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No impact. The special events facility located on the project parcel is an accessory use to an existing single-family dwelling. The facility will not expand beyond the existing property boundaries and will not displace any housing, nor will it require replacement housing. Therefore, the proposed project would not result in the loss of existing housing or cause a significant increase in the local population that would displace existing residents, necessitating the construction of additional housing. Sandy Masonek Minor Use Permit (MUP19-0006) 40 Butte County March 2020 1.15 PUBLIC SERVICES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XV. Public Services. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Discussion a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? Less than significant impact. Fire protection services are provided by CalFire/Butte County Fire Department. The nearest station to the project site is Butte County Fire Station 41, which is located 8.3 miles from the project site, and has a response time of approximately 12 minutes. No reduction in response time for fire and medical services is expected as a result of the proposed project. Police protection? Less than significant impact. The Butte County Sheriff’s Office provides law enforcement service to the site. The proposed project does not create an environment generally associated with unlawful activities requiring additional law enforcement service calls or any new law enforcement facilities or the alteration of existing facilities to maintain acceptable performance objectives. Schools? No impact. The project site is located within the Chico Unified School District. The proposed use will not bring families with school-aged children into the area permanently. The events being held at the facility may temporarily increase the local population, including school-aged children, for the duration of the event, but will have no permanent impact on the demand for additional school facilities in the area. Sandy Masonek Minor Use Permit (MUP19-0006) 41 Butte County March 2020 Parks? No impact. The project site is located within the Chico Recreation and Park District (CARD). As discussed in Section 1.14(a) – Population and Housing, the increase in population in the area is temporary, and will not impact the area’s need for additional parks or outdoor recreation facilities. Other public facilities? No impact. The project does not require the extension of any public infrastructure, such as roads, water, or sewer systems because the project includes the use of existing infrastructure, and would not result in the permanent increase to the local population. Sandy Masonek Minor Use Permit (MUP19-0006) 42 Butte County March 2020 1.16 RECREATION ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVI. Recreation. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Environmental Setting The project site is located within the Chico Recreation and Park District (CARD). The district covers an area of approximately 208 square miles and includes the City of Chico. The district operates and maintains approximately 214 acres of developed parkland and facilities to serve a population of approximately 104,367 residents. This translates into a level of service of 1.85 acres of parklands for every 1,000 residents. The total park facilities operated by the district do not include Bidwell Park and parks operated by State and Federal agencies. No park facilities are located in the vicinity of the project site. Discussion a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No impact. An increase in the demand for recreational facilities is typically associated with substantial increases in population. As discussed in Section 1.14 - Population and Housing, the proposed project would not generate growth in the local population because attendees of the special events are transitory, typically residing local and regional population centers. b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? No impact. The proposed project does not include plans for additional recreational facilities nor would it require expansion of existing recreational facilities. Therefore, the proposed project would not result in any adverse physical effects on the environment from construction or expansion of recreational facilities. Sandy Masonek Minor Use Permit (MUP19-0006) 43 Butte County March 2020 1.17 TRANSPORTATION ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. Transportation. Would the project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? b) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Result in inadequate emergency access? Discussion a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Less than significant impact. The proposed project is anticipated to generate up to approximately 63 vehicle trips during large events, with up to 250 attendees. The events (up to thirty per year) are intermittent and expected to result in a temporary increase to area traffic during scheduled events, which are expected to primarily occur during off-peak hours (i.e. weekends, evenings). Existing traffic levels in the project area, including on Cana Highway, typically have low traffic volumes. Smaller events, while more frequent, will have a lesser impact on traffic and the overall circulation system. Therefore, the increase in traffic volumes associated with the project would not cause a permanent, substantial increase in vehicle trips or intersection congestion. There are no designated pedestrian or bicycle transportation facilities located near the project site, nor are such facilities proposed for the project area. Cana Highway is not identified as an existing or planned bike route in the adopted 2011 Butte County Bicycle Plan. Given the lack of existing facilities, pedestrian and bicycle traffic generally will use the unpaved and paved roadway shoulders, or the paved travel lanes. Development of the project would not have long-term impacts on alternative transportation facilities due to having no long-term increase in population in the project area. Events may generate short-term disruption to area roadways from an anticipated increase in traffic levels that may affect alternative transportation uses. However, activities associated with the proposed project would be temporary and short in duration. If needed, additional temporary traffic control signs and devices may be added by the applicant, with review of the Butte County Public Works Department, to address temporary traffic increases. b) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No impact. The proposed project would not change the configuration (alignment) of area roadways, and would not introduce types of vehicles that would result in dangerous conditions on area roads. c) Result in inadequate emergency access? No impact. The project site would be accessed via a private driveway off Cana Highway, a County-maintained roadway. Driveways and approach aprons (encroachments) from the project site to the road will be designed Sandy Masonek Minor Use Permit (MUP19-0006) 44 Butte County March 2020 and constructed to meet all applicable State and local development standards, ensuring that access is adequate to provide emergency ingress and egress, and not create any unsafe conditions. 1.18 TRIBAL CULTURAL RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVIII. Tribal Cultural Resources. Has a California Native American Tribe requested consultation in accordance with Public Resources Code section 21080.3.1(b)? Yes No Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? Environmental Setting Tribal Cultural Resources are defined as a site feature, place, cultural landscape, sacred place or object, which is of cultural value to a Tribe and is either on or eligible for the California Historic Register, a local register, or a resource that the lead agency, at its discretion, chooses to treat as such (Public Resources Code Section 21074 (a)(1)). Butte County contains a rich diversity of archaeological, prehistoric and historical resources. The General Plan 2030 EIR observes that the “archaeological sensitivity of Butte County is generally considered high, particularly in areas near water sources or on terraces along water courses” (Butte County General Plan EIR, 2010, p. 4.5-7). A substantial adverse change upon a historically significant resource would be one wherein the resource is demolished or materially altered so that it no longer conveys its historic or cultural significance in such a way that justifies its inclusion in the California Register of Historical Resources or such a local register (CEQA Guidelines Section 15064.5, sub. (b)(2)). 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. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water. Per Assembly Bill AB 52 (Statutes of 2014) Notification Request, Public Resources Code Section 21080.3(b), the County received two letters for notification. One was from the Torres Martinez Cahuilla Indians, located in southern California Sandy Masonek Minor Use Permit (MUP19-0006) 45 Butte County March 2020 near the Salton Sea, and the other was from United Auburn Indian Community, located near the City of Auburn. It was determined through discussion with the Torres Martinez Cahuilla Indians that they do not identify lands within Butte County within their geographic area of traditional and cultural affiliation. The United Auburn Indian Community provided a map of their area of traditional and cultural affiliation, which did not include the project site. Discussion Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? No impact. The project site is extensively disturbed from existing uses and structures. No new construction or ground-disturbing activities are proposed that would result in impacts to tribal cultural resources. No features exist on the property, including objects, sites, or landscapes, that could be considered as having cultural value to California Native American tribes, or eligible for listing in the California Register of Historic Resources. b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? No impact. The project site is extensively disturbed from existing uses and structures. No new construction or ground-disturbing activities are proposed that would result in impacts to tribal cultural resources. No features exist on the property, including objects, sites, or landscapes, that could be considered as having cultural value to California Native American tribes, or eligible for listing in the California Register of Historic Resources. Sandy Masonek Minor Use Permit (MUP19-0006) 46 Butte County March 2020 1.19 UTILITIES AND SERVICE SYSTEMS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIX. Utilities and Service Systems. Would the project: a) Require or result in the relocation or construction of construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand, in addition to the provider’s existing commitments? d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Environmental Setting Solid Waste Most municipal wastes are hauled to the Neal Road Recycling and Waste Facility, which is owned by Butte County and managed by the Butte County Department of Public Works. The Neal Road Facility is located at 1023 Neal Road, one mile east from State Highway 99, and seven miles southeast of Chico, on 190 acres owned by Butte County. The Neal Road Facility is permitted to accept municipal solid waste, inert industrial waste, demolition materials, special wastes containing nonfriable asbestos, and septage. Hazardous wastes, including friable asbestos, are not accepted at the Neal Road Facility or any other Butte County disposal facility, and must be transported to a Class I landfill permitted to receive untreated hazardous waste. The Facility has a design capacity of 25,271,900 cubic yards, and is permitted to accept 1,500 tons per day; however, the average daily disposal into the landfill is approximately 466 tons. As of November 2017, the remaining capacity of the Neal Road Facility is approximately 15,449,172 cubic yards, which would give the landfill a service life to the year 2048 (Neal Road Recycling & Waste Facility, 2017). Sandy Masonek Minor Use Permit (MUP19-0006) 47 Butte County March 2020 Discussion a) Require or result in the relocation or construction of construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects? No impact. The project site is currently served by electric power (PG&E) and wireless phone service. Wastewater disposal for the proposed project is provided by private, on-site septic systems or by portable toilets temporarily brought into the site to the satisfaction of the Butte County Environmental Health Division. Existing septic systems have been permitted for the property, and are in accordance with applicable Regional Water Quality Control Board regulations. Use of a County-approved wastewater disposal septic system and the potential use of portable toilets during larger events will be reflected as a condition of approval, and is enforceable through the terms of the condition. The project would not result in the relocation or construction of new or expanded infrastructure including water services, wastewater treatment, stormwater drainage, natural gas, or telecommunication facilities. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less than significant impact. Domestic water to existing and planned uses on the project site would be provided by groundwater extraction via individual wells or bottled water. Existing groundwater supplies are anticipated to be available to serve the proposed project, and no additional or expanded entitlements are required for groundwater extraction and use. c) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand, in addition to the provider’s existing commitments? No impact. Wastewater disposal for the proposed project would be provided by private, on-site septic systems. No wastewater treatment provider currently serves the project area. The project site has been evaluated for an on-site septic system were determined to have adequate soil conditions to allow for the future expansion of the existing on-site wastewater system. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than significant impact. Operations would result in a minor increase of solid waste that would require disposal at the Neal Road Recycling and Waste Facility. Solid waste would be removed from the property every seven days, or as needed. The Neal Road Facility has a maximum permitted throughput of 1,500 tons per day, and an estimated current daily average throughput of 466 tons per day. Therefore, the facility would have adequate capacity to accommodate solid waste generated by the project. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? No impact. The proposed project would comply with statutes and regulations related to solid waste. Waste generated by the proposed project would consist only of domestic refuse, which would be collected in approved trash bins and removed from the project site by a waste hauler or by the onsite applicant. Sandy Masonek Minor Use Permit (MUP19-0006) 48 Butte County March 2020 1.20 WILDFIRE ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XX. Wildfire. Is the project located in or near state responsibility areas or lands classified as high fire hazard severity zones? If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Yes No a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Environmental Setting The project site has not been designated as a very high fire hazard by the State Department of Forestry and Fire Protection. The project site is located within a designated Local Responsibility Area (LRA), and local authorities has fiscal responsibility for preventing and suppressing any potential wildfires. Sandy Masonek Minor Use Permit (MUP19-0006) 49 Butte County March 2020 1.21 MANDATORY FINDINGS OF SIGNIFICANCE ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XX. Mandatory Findings of Significance. a) Does the project 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 community, substantially reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Discussion a) Does the project 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 community, substantially reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory? Less than significant impact. The proposed project’s impacts on biological resources and cultural resources were analyzed in this Initial Study, and all direct, indirect, and cumulative impacts were determined to have no impact, a less than significant impact, or reduced to a less than significant impact with implementation of mitigation. No special status species were identified in the proposed project area, and the project would not cause fish or wildlife populations to drop below self-sustaining levels or restrict the movement/distribution of a rare or endangered species. The development of the proposed project would not affect known historic, archaeological, or paleontological resources because no new development or earth-disturbing activities are proposed. Additionally, the project applicant is required to comply with California Code of Regulations (CCR) Section 15064.5(e), California Health and Safety Code Section 7050.5, and Public Resources Code (PRC) Section 5097.98 as a matter of policy in the event human remains are encountered at any time. Sandy Masonek Minor Use Permit (MUP19-0006) 50 Butte County March 2020 b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less than significant impact. The proposed project has either no impact, a less than significant impact, or a less than significant impact with mitigation incorporated with respect to all environmental issues pursuant to CEQA. Due to the limited scope of direct physical impacts on the environment associated with the proposed project, the project’s impacts are primarily project-specific in nature. The proposed project site is located within an area has been designated by the County for residential and agricultural uses. No additional site improvements or construction activities are proposed that would result in significant environmental impacts, individually or cumulatively. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Less than significant impact. There have been no impacts discovered through the review of this application demonstrating that there would be substantial adverse effects on human beings either directly or indirectly. The proposed project will likely result in minor impacts to noise and transportation, but will not reach a substantial level, and will be addressed through conditions imposed by various Butte County Departments. Authority for the Environmental Checklist: Public Resources Code Sections 21083, 21083.5. Reference: Government Code Sections 65088.4. Public Resources Code Sections 21080, 21083.5, 21095; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th at 1109; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656. Sandy Masonek Minor Use Permit (MUP19-0006) 51 Butte County March 2020 Environmental Reference Materials 1. Butte County. Butte County Airport Land Use Compatibility Plan. Butte County Airport Land Use Commission. November 15, 2017. Available at http://www.buttecounty.net/Portals/10/Docs/ALUC/BCALUCP_11-15-17/Butte_County_Airport_Land_ Use_Compatibility_Plan_2017-11-15.pdf 2. Butte County. Butte County Bicycle Plan. June 14, 2011. Available at https://www.buttecounty.net/Portals/22/downloads/BikewayMastserPlan/5-23-11%20FINAL%20Draft_County_Bike_Plan%20June%2014%202011%20with%20Table%20of%20Contents.pdf 3. Butte County. Butte County Climate Action Plan. February 25, 2014. Available at http://www.buttecap.net/ 4. Butte County. Butte County General Plan 2030 Final Environmental Impact Report. April 8, 2010. Available at http://www.buttegeneralplan.net/products/2010-08-30_FEIR/default.asp. 5. Butte County. Butte County General Plan 2030. October 26, 2010. Available at http://www.buttecounty.net/dds/Planning/GeneralPlan/Chapters.aspx 6. Butte County. Butte County General Plan 2030 and Zoning Ordinance Amendments – Draft Supplemental Environmental Impact Report. June 17, 2015. Available at http://www.buttegeneralplan.net/products/2012-05-31_GPA_ZO_SEIR/default.asp 7. Butte County. Butte County General Plan 2030 Setting and Trends Report Public Draft. August 2, 2007. Available at http://www.buttegeneralplan.net/products/SettingandTrends/default.asp. 8. Butte County. Butte County Code of Ordinances, Chapters 19, 20, 24 & 41A. Available at https://www.municode.com/library/ca/butte_county/codes/code_of_ordinances/ 9. Butte County. Butte County Department of Development Services GIS Data. March 2020. 10. Butte County Air Quality Management District. CEQA Air Quality Handbook – Guidelines for Assessing Air Quality and Greenhouse Gas Impacts for Projects Subject to CEQA Review. October 23, 2014. Available at https://bcaqmd.org/planning/air-quality-planning-ceqa-and-climate-change/ 11. Butte County Public Works Department, Division of Waste Management. Joint Technical Document-Neal Road Recycling and Waste Facility, Butte County, California. November 2017. 12. California Department of Conservation. Fault-Rupture Hazard Zones in California. Altquist-Priolo Earthquake Fault Zoning Act with Index to Earthquake Fault Zone Maps. Special Publication 42. Interim Revision. 2007. 13. California Department of Conservation, Division of Land Resource Protection. A Guide to the Farmland Mapping and Monitoring Program. 2004. 14. California Department of Toxic Substance Control. 2009. Envirostor Database. Accessed on March 2020. http://www.envirostor.dtsc.ca.gov/public. 15. California Department of Finance. Population and Housing Estimates for Cities, Counties, and the State, 2011-2018. March 5, 2019.