HomeMy WebLinkAboutTPM18-0001_ZA-Packet_Updated_5-4-20
Butte County Department of Development Services
May 6, 2020 Agenda Report – TPM18-0001/ Dave Anderson Page 1 of 8
BUTTE COUNTY ZONING ADMINISTRATOR
AGENDA REPORT –May 6, 2020
Applicant: Dave Anderson Location: The project site is located on the
east side of Pentz Road,
approximately 0.6 miles north of
Durham-Pentz Road, south of the
Town of Paradise.
Owner: D&J Development Enterprises
File #: TPM18-0001 Size: 523.91 acres
Request:
G.P.:
Zoning:
Tentative Parcel Map to
subdivide 523.91 acres (two
parcels) into three parcels
(200.05 acres, 161.51 acres and
162.35 acres) situated in the AG-
40 (Agriculture – 40-acre
minimum parcel size) and AG-160
(Agriculture – 160-acre minimum
parcel size) zones.
Agriculture (AG)
AG-40 &AG-160-DH-SH
(Agriculture – 40 & 160-acre
minimum parcel size-Deer Herd-
Migration Overlay - Scenic
Highway Overlay)
Supervisor
District:
5
Planner:
Mark Michelena
Senior Planner
Attachments
A: Zoning Administrator Findings
with attached Conditions of
Approval (Exhibit A)
B:
C:
Vicinity Map and Zoning Map
Draft Initial Study & Mitigated
Negative Declaration
APNs: 041-030-153, -154 and 041-320-
035
D: Tentative Parcel Map
RECOMMENDED ACTION:
Staff recommends the Zoning Administrator adopt the Mitigated Negative Declaration prepared pursuant
to the California Environmental Quality Act (CEQA), and approve Tentative Parcel Map TPM18-0001,
subject to the findings and conditions in Attachment A.
EXECUTIVE SUMMARY
Dave Anderson is requesting approval of a Tentative Parcel Map to subdivide a 523.91-acre property (two
parcels) situated in the AG-160 (Agriculture – 160-acre minimum parcel size) zone into three parcels,
200.05 acres, 161.51 acres and 162.35 acres. Wastewater disposal for each parcel would be provided by
individual on-site septic systems. Domestic water service would be provided by individual groundwater
wells. One parcel will have direct access to a County-maintained Road, while the other two will be serve
by private roads.
ANALYSIS
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Butte County Department of Development Services
May 6, 2020 Agenda Report – TPM18-0001/ Dave Anderson Page 2 of 8
Surrounding Land Uses and Setting
Surrounding uses include primarily undeveloped lots ranging in size from 5 to 92 acres. There is some
residential development to the south and west. Lake Oroville is located to the north and east, which is
publicly zoned lands. The agricultural lands in the surrounding area are used as grazing land.
Direction General Plan Designation Zoning Existing Land Use(s)
North Agriculture AG-40 & -160 Grazing Land/Lake Oroville
South Agriculture & Public AG-20. -40, -160 & PB Grazing Land/Residential
East Agriculture & Public AG-20. -40, -160 & PB Grazing Land/Lake Oroville
West Agriculture AG-40 & -160 Grazing Land/Residential
Zoning Consistency
Butte County Code Section 24-12 (A.) - Agriculture Zone
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 or 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 sizes in
the AG zone ranges from twenty (20) acres to one hundred sixty (160) acres. The minimum parcel size for
the subject parcel is 40 and 160 acres.
The proposed project includes the creation of three parcels (from two) that will have parcel sizes of 160
acres or larger. Resultant parcels may be developed with single-family residential and commercial
agricultural uses. Proposed uses and lot sizes are consistent with the AG-40 and AG-160 zones.
Scenic Highway Overlay Zone
The western portion of proposed lot 1 site is situated in the County’s scenic highway overlay zone, which
has been established to feature high quality architectural design, preserve views from the highway, and
maintain existing topographic features on the site. Uses permitted in the zone include single-family
residences, accessory structures, and parking facilities. Development standards within the scenic highway
overlay zone shall be consistent with Butte County Code §24-42 E.
Deer Herd Migratory Overlay Zone
The project site is located within both the Winter (20-acre minimum) and Critical Deer Herd (40-acre
minimum) Migratory areas. The Deer Herd Migration (-DH) overlay zone is intended to protect sensitive
habitat areas for migratory deer herds while continuing to allow development and the reasonable use of
land within these areas. Permitted and conditionally permitted uses in the -DH overlay zone are the same
as the base zone. Development standards within the deer herd migratory zone shall be consistent with Butte
County Code §24-37 F.
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Butte County Department of Development Services
May 6, 2020 Agenda Report – TPM18-0001/ Dave Anderson Page 3 of 8
General Plan Policy Consistency
General Plan goals and policies were evaluated in the context of the proposed project. Fifteen goals and 26
policies were identified as being applicable to the project. The following table identifies each applicable
goal and policy, and a review of the project’s consistency with each policy.
General Plan 2030 Goals and Policies Consistency Review
WATER RESOURCE ELEMENT
GOAL W-2. Ensure an abundant and sustainable water
supply to support all uses in Butte County.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
W-P2.8. The County supports Area of Origin water rights,
the existing water right priority system and the authority to
make water management decisions locally to meet the
county’s current and future needs, thereby protecting Butte
County’s communities, economy and environment.
Consistent. Extraction of groundwater resources
would be used for reasonable and beneficial uses
on the resultant lots, which is consistent with the
established water right priority system for
groundwater usage.
W-P2.9. Applicants for new major development projects, as
determined by the Department of Development Services,
shall demonstrate adequate water supply to meet the needs of
the project, including an evaluation of potential cumulative
impacts to surrounding groundwater users and the
environment.*
Consistent. The proposed creation of parcels are
consistent with the development pattern
identified in Butte County General Plan 2030 and
would not result in a substantial depletion of area
groundwater resources, and would not necessitate
further evaluation of the groundwater availability
to serve the project, or its impact to surrounding
uses.
GOAL W-5. Protect water quality through effective
stormwater management.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
W-P5.2. New development projects shall identify and
adequately mitigate their water quality impacts from
stormwater runoff.*
Consistent. The Butte County General Plan
identifies the project site as having a “Moderate”
to “Severe” potential for erosion. All grading and
site-disturbance construction activities associated
with the project are subject to review by the Butte
County Public Works Department, pursuant to
Chapter 13 of Butte County Code (Grading and
Mining) and by the Department of Development
Services through the building permit process for
new structures.
W-P5.4. Temporary facilities shall be installed as necessary
during construction activities in order to adequately treat
stormwater runoff from construction sites.*
Consistent. Erosion and sediment control Best
Management Practices (BMPs) will be
implemented by construction personnel, as
necessary during construction activities on the
project site. BMPs may include silt fences, stakes
straw bales/wattles, silt/sediment basins,
temporary revegetation, and any other
appropriate measures that will adequately reduce
the discharge of sediment into area waterways or
off the construction site.
CONSERVATION AND OPEN SPACE ELEMENT
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Butte County Department of Development Services
May 6, 2020 Agenda Report – TPM18-0001/ Dave Anderson Page 4 of 8
General Plan 2030 Goals and Policies Consistency Review
GOAL COS-1. Reduce greenhouse emissions to 1990 levels
by 2020.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P1.1. Greenhouse gas emission impacts from proposed
development projects shall be evaluated as required by the
California Environmental Quality Act (CEQA).
Consistent. The Initial Study, prepared pursuant
to the CEQA, evaluated the potentially adverse
impacts to greenhouse gas emissions from the
proposed project, and its consistency with the
Butte County Climate Action Plan.
COS-P1.2. New development projects shall mitigate
greenhouse gas emissions on-site or as close to the site as
possible.
Consistent. Measures that support the expansion
of renewable energy systems, efficiency in
vehicle and landscaping equipment, and improve
fuel efficiency of equipment, will be
implemented on the project site to offset the
contribution of greenhouse gas emissions
generated by the project, with the implementation
of Mitigation Measure GHG-1.
GOAL COS-2. Promote green building, planning and
business.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P2.2. New development shall comply with Green
Building Standards adopted by the California Building
Standards Commission at the time of building permit
application, including requirements about low- or no-
toxicity building materials.
Consistent. Where applicable, Cal Green
Building Standards will be applied in the design
of structures built on the resultant parcels through
the County building permit application process.
GOAL COS-5. Minimize air pollutant emissions. Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P5.2. Developers shall implement best management
practices to reduce air pollutant emissions associated with
the construction and operation of development projects.*
Consistent. The project includes an air quality
mitigation measure (AIR-1) that contains best
management practices in the suppression of dust
and other air pollution emissions during
construction activities.
GOAL COS-7. Conserve and enhance habitat for protected
species and sensitive biological communities.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P7.5. No new development projects shall occur in
wetlands or within significant riparian habitats, except
within the Butte Regional Habitat Conservation Plan (HCP)
and Natural Community Conservation Plan (NCCP)
Planning Area where such development is consistent with
the conditions of the HCP/NCCP, upon the future adoption
of the HCP/NCCP.*
Consistent. The project site consists of
agricultural grazing land. The site does not
contain any riparian habitat or designated
Sensitive Natural Community.
GOAL COS-9. Protect identified special-status plant and
animal species.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
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Butte County Department of Development Services
May 6, 2020 Agenda Report – TPM18-0001/ Dave Anderson Page 5 of 8
General Plan 2030 Goals and Policies Consistency Review
COS-P9.1. A biological resources assessment shall be
required for any proposed development project where
special-status species or critical habitat may be present.
Assessments shall be carried out under the direction of Butte
County. Additional focused surveys shall be conducted
during the appropriate season if necessary. Upon adoption of
the Butte Regional Habitat Conservation Plan (HCP) and
Natural Community Conservation Plan (NCCP), assessment
requirements of the HCP/NCCP shall be implemented for
development projects within the HCP/NCCP area.*
Consistent. Mitigation measures (BIO-1, BIO-2
and BIO-3) are included to address potential
impacts to biological resources and protection of
potential critical habit.
COS-P9.2. If special-status plant or animal species are
found to be located within a development site, proponents of
the project shall engage in consultation with the appropriate
federal, State and regional agencies and mitigate project
impacts in accordance with State and federal law. Upon
adoption of the Butte Regional Habitat Conservation Plan
(HCP) and Natural Community Conservation Plan (NCCP),
mitigation requirements of the HCP/NCCP shall be
implemented for development with the HCP/NCCP area.
Consistent. Mitigation measures (BIO-1, BIO-2
and BIO-3) are included to address potential
impacts to biological resources and protection of
potential critical habit. State wildlife resource
agencies had been engaged as part of the CEQA
review process.
GOAL COS-15. Ensure that new development does not
adversely impact cultural resources.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P15.1. Areas found during construction to contain
significant historic or prehistoric archaeological artifacts
shall be examined by a qualified consulting archaeologist or
historian for appropriate protection and preservation.
Historic or prehistoric artifacts found during construction
shall be examined by a qualified consulting archaeologist or
historian to determine their significance and develop
appropriate protection and preservation measures.*
Consistent. A mitigation measure (CUL-1) has
been included that address the recovery of
cultural resources, and identification of human
remains, should any be discovered through future
grading activities on the resultant parcels.
COS-P15.2. Any archaeological or paleontological
resources on a development project site shall be either
preserved in their sites or adequately documented as a
condition of removal. When a development project has
sufficient flexibility, avoidance and preservation of the
resource shall be the primary mitigation measure.*
Consistent. Consistent. A mitigation measure
(CUL-1) has been included that address the
recovery of cultural resources, and identification
of human remains, should any be discovered
through future grading activities on the resultant
parcels.
GOAL COS-16. Respect Native American culture and
planning concerns.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P16.4. If human remains are located during any
ground disturbing activity, work shall stop until the County
Coroner has been contacted and, if the human remains are
determined to be of Native American origin, the NAHC and
most likely descendant have been consulted.*
Consistent. A mitigation measure (CUL-1) has
been included that address the recovery of
cultural resources, and identification of human
remains, should any be discovered through future
grading activities on the resultant parcels.
HEALTH AND SAFETY ELEMENT
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Butte County Department of Development Services
May 6, 2020 Agenda Report – TPM18-0001/ Dave Anderson Page 6 of 8
General Plan 2030 Goals and Policies Consistency Review
GOAL HS-1. Maintain an acceptable noise environment in
all areas of the county.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
HS-P1.1. New development projects proposed in areas that
exceed the land use compatibility standards in Tables HS-2
and HS-3 shall require mitigation of noise impacts.*
Consistent. The nearest existing noise sources to
the project site are State Highways 70 and 191
(Clark Road) and Union Pacific Railroad. State
Highway 70 is located along the western edge of
the project site and State Highway 70 is located
approximately 1,200 feet from the southern edge
of the project site. Union Pacific Railroad
(UPRR) runs adjacent to and across APN 041-
030-153, which would be proposed parcel 2. Part
of the track is underground across the project site.
According to the Butte County General Plan
Appendix C, Noise Contour Map For 2030
Conditions, the UPRR generates noise levels of
60 to 70 Ldn along the tracks. Based on the
parcel sizes, there is buildable area well outside
the 60 Ldn area. Due to the distance, and the
proposed parcels sizes, noise impacts from State
Highways 70 and 191 will not be an issue.
HS-P1.2. Noise from transportation sources shall not exceed
land use compatibility standards in Table HS-2.*
HS-P1.9. The following standard construction noise control
measures shall be required at construction sites in order to
minimize construction noise impacts: (a.) Equip all internal
combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate
for the equipment. (b.) Locate stationary noise-generating
equipment as far as possible from sensitive receptors when
sensitive receptors adjoin or are near a construction project
area. (c.) Utilize quiet air compressors and other stationary
noise-generating equipment where appropriate technology
exists and is feasible.*
Consistent. Noise control measures are standard
in the construction industry and are commonly
used to minimize noise impacts to surrounding
uses.
GOAL HS-11. Reduce risks from wildland and urban fire. Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
HS-P11.1. Fire hazards shall be considered in all land use
and zoning decisions, environmental review, subdivisions
review and the provision of public services.
Consistent. All recommendations and conditions
by the Butte County Fire Department / CalFire in
regards the effects of fire hazards on the project
have been considered, and will be implemented
prior to site development.
HS-P11.4. New development projects shall meet current fire
safe ordinance standards for adequate emergency water flow,
emergency vehicle access, signage, evacuation routes, fuel
management, defensible space, fire safe building
construction and wildfire preparedness.
Consistent. Butte County Fire Department /
CalFire has reviewed and determined the project
meets all applicable fire safe ordinances, subject
to fulfillment of the conditions of approval in
Exhibit A of the adopted resolution.
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Butte County Department of Development Services
May 6, 2020 Agenda Report – TPM18-0001/ Dave Anderson Page 7 of 8
General Plan 2030 Goals and Policies Consistency Review
GOAL PUB-13. Plan adequate wastewater infrastructure
to serve new development.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
PUB-P13.3. New development projects shall demonstrate
the availability of a safe, sanitary and environmentally sound
wastewater system.
Consistent. Wastewater system development on
the resultant parcels are subject to approval of a
Wastewater System Construction Permit, in
accordance with Chapter 19 of the Butte County
Code, to ensure minimum design criteria for a
safe, sanitary and environmentally sound system
are met.
PUB-P13.2. For development projects that will rely on on-
site wastewater systems, applicants shall provide detailed
plans demonstrating that the system will be adequate to
serve the project.
Consistent. Parcel development will be reviewed
by the Butte County Environmental Health
Division, in accordance with Chapter 19 of the
Butte County Code, to ensure on-site wastewater
systems are adequate to serve the development.
AGENCY COMMENTS
The project was reviewed by the Butte County Public Works Department, Butte County Environmental
Health, Butte County Fire/Cal Fire, Butte County Agricultural Commissioner and Butte County Assessor.
All comments and conditions were incorporated into the project.
Butte County Public Works Department
Recommended several conditions of approval regarding the encroachment and finalizing the parcel map.
Butte County Environmental Health
Recommended conditions of approval regarding the encroachment and finalizing the parcel map.
Butte County Fire/Cal Fire
Recommended conditions of approval regarding the encroachment and finalizing the parcel map.
Butte County Agricultural Commissioner’s Office
Noted that the propose parcels will support a Standard 300ft Ag Buffer. Project does not appear to pose
any significant impact to adjacent agriculture.
Butte County Agricultural Commissioner’s Office
Noted that parcel 041-030-154 will have to remain as a separate APN from the rest of Parcel One as it is
in a separate TRA. The remainder of the project as shown is good to go.
PUBLIC COMMENTS
Staff did not receive any public comments prior to completion of this agenda report.
ENVIRONMENTAL REVIEW/CEQA ISSUES
In compliance with Section 15073(a), the Initial Study/Mitigated Negative Declaration (IS/MND),
application, and reference documents for this project were placed on file for public review and comment
for a 30 day period starting March 16, 2020, through April 14, 2020. Notices regarding the 30-day review
period were mailed to landowners near the project site, and a notice was published in the Chico Enterprise
Record.
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Butte County Department of Development Services
May 6, 2020 Agenda Report – TPM18-0001/ Dave Anderson Page 8 of 8
The Initial Study prepared for this project determined there may be potential environmental impacts to the
following areas:
• Air Quality
• Biological Resources
• Cultural Resources
• Greenhouse Gas Emissions
The Initial Study/Mitigated Negative Declaration, which is attached to this agenda report, recommended
six mitigation measures to reduce environmental impacts to a less than significant level. The collection of
fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination
for the project, unless the project proponent provides verification from the California Department of Fish
and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the
project will not be operative, vested or final and any local permits issued for the project will be invalid
(Section 711.4 (c) (3)).
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Butte County Department of Development Services
Zoning Determination – TPM18-0001/ Dave Anderson Page 1 of 12
ATTACHMENT A
BUTTE COUNTY ZONING ADMINISTRATOR
DECISION ZDN-00__
May 6, 2020
TENTATIVE PARCEL MAP TPM18-0001 (Dave Anderson)
A Tentative Parcel Map TPM18-0001, filed by Dave Anderson, to subdivide a 523.91-acre property (two
parcels) situated in the AG-40 (Agriculture – 40-acre minimum parcel size) and AG-160 (Agricultural –
160-acre minimum parcel size) zones into three parcels of 200.05 acres, 161.51 acres and 162.35 acres.
Assessor Parcel Numbers: 041-030-153, 041-030-154 and 041-320-035
I. The Zoning Administrator has considered the Initial Study and Mitigated Negative Declaration in
accordance with requirements of the California Environmental Quality Act (CEQA), and adopts
the Mitigated Negative Declaration with the following findings:
A. An Initial Study was completed in compliance with the California Environmental Quality
Act. Said Study identified potential significant environmental effects and included
mitigation measures that would mitigate such effects below significant levels;
B. The Zoning Administrator has considered the Mitigated Negative Declaration, together
with comments received during the review process.
C. On the basis of the whole record before the Zoning Administrator, including the Initial
Study and any comments received, there is no substantial evidence that the Tentative Parcel
Map for Dave Anderson, Planning Division File No. TPM18-0001, with conditions and
mitigations here attached, would have a significant effect on the environment.
D. The custodian of the record is the Land Development Division of the Public Works
Department. The location of the record is 7 County Center Drive, Oroville CA 95965.
E. The Mitigated Negative Declaration reflects the independent judgment and analysis of the
County, which is the Lead Agency.
II. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to
filing a Notice of Determination for the project, unless the project proponent provides verification
from the California Department of Fish and Game that the project is exempt from the fee
requirement. If a required fee is not paid for a project, the project will not be operative, vested or
final and any local permits issued for the project will be invalid (Section 711.4 (c)(3)).
III. Approves Tentative Parcel Map TPM18-0001 for Dave Anderson, subject to the conditions found
in Exhibit “A” and the following findings:
A. The project is consistent with AG-40 (Agriculture, 40-acre minimum parcel size) and AG-
160 (Agricultural, 160-acre minimum parcel size) zones and the Agriculture General Plan
Land Use designation.
The division will enable the creation of parcels of 160 acres and larger in size that are
capable of supporting residential and agricultural land uses, including grazing, permitted
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Butte County Department of Development Services
Zoning Determination – TPM18-0001/ Dave Anderson Page 2 of 12
in the AG-40 and AG-160 zones. General Plan Goals and Policies applicable to the project
are identified in the General Plan Consistency Review table, contained in the project’s
agenda report. The findings in the table conclude that the project is consistent with each
applicable goal and policy.
B. The design and improvements of the proposed parcel map are consistent with County’s
standards and policies, provided all conditions of project approval are complied with.
The project is consistent with design and improvement standards established for on-site
sewage disposal, domestic water from a groundwater well, and access.
C. The project site is physically suitable for the type and density of the proposed development.
The parcels are established at a density consistent with zoning, which is capable of
supporting residential and agricultural land uses, including grazing, permitted by the AG-
40 and AG-160 zones.
D. The design and improvements of the project will not cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat.
The design and improvements of the project were evaluated with an Initial Study prepared
pursuant to the California Environmental Quality Act. The Study did not identify any
significant adverse impacts to the environmental caused by the project, provided that
recommended mitigation measures are incorporated into the project.
E. Approval of this project will not be detrimental to the public health, safety, and welfare.
The project has been reviewed by County and State agencies for consistency with
regulations established to protect the health, safety, and welfare of the public, including
regulations relating to sewage disposal, domestic water, and access. Conditions are
included with the project that would ensure that the project will not be detrimental to the
public.
F. The design and improvements of the project will not conflict with easements acquired by
the public at large for access through or use of property within the proposed subdivision
provided the attached conditions are met.
A search of the preliminary title report for the subject property did not identify any public
access easements that would conflict with the proposed design of the project.
Approved By: ________________________, Zoning Administrator
Date: ______________
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Butte County Department of Development Services
Zoning Determination – TPM18-0001/ Dave Anderson Page 3 of 12
EXHIBIT A
Tentative Parcel Map for Dave Anderson on APNs 041-030-154, 041-030-154 and 041-320-035, File
# TPM18-0001: An application for a Tentative Parcel Map to subdivide 523.91 acres (two parcels) into
three parcels (200.05 acres, 161.51 acres and 162.35 acres) situated in the AG-40 (Agriculture – 40-acre
minimum parcel size) and AG-160 (Agriculture – 160-acre minimum parcel size) zones. Wastewater disposal
for each parcel would be provided by individual on-site septic systems. Domestic water service would be
provided by a groundwater well. One parcel will have direct access to a County-maintained Road, while
the other two will be serve by private roads.
I. CONDITIONS OF APPROVAL:
Planning Division, Department of Development Services
1. Mitigation Measure AIR-1
The following best practice measures to reduce impacts to air quality shall be incorporated by the
project applicant, subject property owners, or third-party contractors during construction activities on
the project site. These measures are intended to reduce criteria air pollutants that may originate from
the site during the course of land clearing and other construction operations.
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than
10,000 Pounds
• All on- and off-road equipment shall not idle for more than five minutes. Signs shall be posted in
the designated queuing areas and/or job sites to remind drivers and operators of the five-minute
idling limit.
• Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is
prohibited.
• All construction equipment shall be maintained in proper tune according to the manufacturer’s
specifications. Equipment must be checked by a certified mechanic and determined to be running
in proper condition before the start of work.
• Install diesel particulate filters or implement other CARB-verified diesel emission control
strategies.
• Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner,
or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater
than 5 minutes at any location when within 100 feet of a restricted areas.
• To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk hour
emissions.
Operational TAC Emissions
• All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable
Airborne Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the
project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm).
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Butte County Department of Development Services
Zoning Determination – TPM18-0001/ Dave Anderson Page 4 of 12
• Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses
near a construction site. Dust complaints could result in a violation of the District’s “Nuisance” and
“Fugitive Dust” Rules 200 and 205, respectively. The following is a list of measures that may be
required throughout the duration of the construction activities:
• Reduce the amount of the disturbed area where possible.
• Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from
leaving the site. An adequate water supply source must be identified. Increased watering frequency
would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should
be used whenever possible.
• All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved
alternative method will be used.
• Permanent dust control measures identified in the approved project revegetation and landscape
plans should be implemented as soon as possible following completion of any soil disturbing
activities.
• Exposed ground areas that will be reworked at dates greater than one month after initial grading
should be sown with a fast-germinating non-invasive grass seed and watered until vegetation is
established.
• All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical
soil binders, jute netting, or other methods approved in advance by the Butte County Air Quality
Management District.
• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In
addition, building pads should be laid as soon as possible after grading unless seeding or soil
binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site.
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at
least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in
accordance with local regulations.
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks
and equipment leaving the site.
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads.
Water sweepers with reclaimed water should be used where feasible.
• Post a sign in prominent location visible to the public with the telephone numbers of the contractor
and the Butte County Air Quality Management District - (530) 332-9400 for any questions or
concerns about dust from the project.
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Butte County Department of Development Services
Zoning Determination – TPM18-0001/ Dave Anderson Page 5 of 12
All fugitive dust mitigation measures required should be shown on grading and building plans. In
addition, the contractor or builder should designate a person or persons to monitor the dust control
program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties
shall include holidays and weekend period when work may not be in progress. The name and telephone
number of such persons shall be provided to the District prior to land use clearance for map recordation
and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of California
Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000
per violation.
Plan Requirements: The note shall be placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet. This note shall also be placed on all building
and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and construction
periods.
Monitoring: The Butte County Department of Development Services and the Public Works
Department shall ensure that the note is placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall
ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to
nuisance complaints.
2. Mitigation Measure BIO-1
Pre-construction protocol-level surveys shall be conducted during the appropriate survey window for
the following species: Butte County checkerbloom, Red Bluff dwarf rush, Colusa layia and Veiny
monardella. If any sensitive species will be impacted, as determined by a qualified biologist, the
project either will be redesigned to avoid the population(s) to the maximum extent practicable or the
species will be mitigated by the purchase of credits at an agency approved mitigation bank or other
mitigation. For those populations to be fully avoided, the following measures shall be implemented:
1. During the planning stages of the project, the known populations in the project area will be
included in the engineering drawings and all construction activities will be conducted to avoid the
populations. Complete avoidance will be achieved by establishing and maintaining a 100-foot
buffer for plant species, and preventing any changes to on-site drainage patterns that could de-
water or introduce water to known populations. However, a smaller buffer may be used if detailed
topographic information shows that the local hydrology drains away from the plants in question.
2. Prior to the start of construction activities within the project area, exclusionary fencing shall be
erected around the buffer zones of the populations that will be completely avoided. If necessary, a
qualified botanist shall be present to assist with locating known populations. The exclusionary
fencing shall be periodically inspected throughout each period of construction and be repaired as
necessary. All pedestrian and vehicular entry into the completely avoided areas delineated by the
fencing shall be prohibited during construction.
If complete avoidance of a population of the federally, state or CNPS ranked species is not feasible,
then a species-specific determination will be made by CDFW for state only listed species and by CDFW
13
Butte County Department of Development Services
Zoning Determination – TPM18-0001/ Dave Anderson Page 6 of 12
and USFWS for jointly listed species and the County and CDFW for CNPS ranked species as to the
appropriate mitigation measures to be employed. These measures will likely include habitat
preservation at a ratio of 2:1 (mitigation area to impacted area). Note that preservation requirements
are not additive for each species present (i.e., an area occupied by one listed-plant species requires that
same amount of habitat preservation as an equivalent area occupied by two or more listed plant species).
Before impacting a state-listed species, the project proponent will need to obtain an incidental take
permit pursuant to California Fish and Game Code Section 2081(b). For jointly listed plant species
CDFW may issue a consistency determination pursuant to Fish and Game Code Section 2080.1
provided that the terms of the federal biological opinion and/or incidental take statement will minimize
and fully mitigate the impacts of the taking. Restoration and protection of habitat shall be the focus of
mitigation efforts for impacts to listed species; however, measures may also include salvaging the seeds
of the plants with subsequent replanting in nearby suitable habitat. A detailed restoration and
monitoring plan will be developed by a qualified botanist and will contain, at a minimum, the following
information:
1. Location of areas on- or off-site to restore plant populations.
2. A description of the propagation and planting techniques to be employed in the restoration effort.
3. A timetable for implementation of the restoration plan.
4. A monitoring plan and performance criteria.
5. A description of remedial measures to be performed if initial restoration measures are unsuccessful
in meeting the performance criteria.
6. A description of site maintenance activities to occur after restoration activities (e.g., weed control,
irrigation, and control of herbivory by livestock and wildlife).
Plan Requirements: The mitigation shall be placed on a separate document that is to be recorded
concurrently with the map or on an additional map sheet.
Timing: Requirements of the condition shall be adhered to before construction activities, and
throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works
Department shall ensure that the note is placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet. Department of Development Services shall
ensure the measure is met at the time of development and during construction activities.
3. Mitigation Measure BIO-2
If project construction activities, including ground disturbance or vegetation removal, occur during the
nesting season for birds protected under the Migratory Bird Treaty Act (MBTA) and California
Department Fish & Game Code (CDFC) (approximately February 1 – August 31), the project proponent
shall retain a qualified biologist to perform preconstruction surveys for nesting bird species. Surveys
to identify active bird nests shall be conducted within and 250 feet around the footprint of the proposed
construction site. The survey shall be conducted within 7 days prior to the initiation of construction
activities. If an active nest is observed, a species protection buffer shall be established. The species
protection buffer will be defined by the qualified biologist based on the species, nest type and tolerance
to disturbance. Construction activity shall be prohibited within the buffer zones until the young have
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Butte County Department of Development Services
Zoning Determination – TPM18-0001/ Dave Anderson Page 7 of 12
fledged or the nest fails. Nests shall be monitored by a qualified biologist once per week and a report
submitted to the Butte County Department of Development Services.
Plan Requirements: Perform protocol-level surveys for migratory birds protected by the California
Department Fish & Game Code and the Migratory Bird Treaty Act. This measure shall be recorded on
an additional map sheet to the Parcel Map.
Timing: Requirements of the condition shall be adhered to prior to and during construction activities
planned to occur during nesting seasons for CDFC and MBTA species (between February 1 and August
31).
Monitoring: The Butte County Department of Development Services and the Public Works
Department shall ensure that the note is recorded as an additional map sheet of the Parcel Map.
Department of Development Services shall ensure the condition is met at the time of construction
activities.
4. Mitigation Measure BIO-3
Place the following note to be recorded on an additional map page of the Parcel Map that states:
Prior to any development activity or the issuance of any permit or approval removing or encroaching
upon oak trees on the project site (this generally includes the canopy drip-line of trees within the area
of ground disturbance and trees subject to changes in hydrologic regime), the applicant/developer shall
complete one of the following measures to the satisfaction of the Director of Development Services or
his/her designee:
A. An Oak Tree Evaluation Plan shall be prepared by a qualified professional having experience in
California Oak Woodlands and is either a certified arborist, qualified wildlife biologist or registered
professional forester shall be submitted for review and approval by the Director of Development
Services or his/her designee that includes the following:
1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as
defined by PRC §21083.4(a);
2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It
shall be mitigated by one or more of the following: replanting and maintaining oak trees,
establishing conservation easements, contributing funds for off-site oak woodlands
conservation, and/or other mitigation measures developed by Butte County. Replanting oak
trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be
maintained for seven years after they are planted. If any of the replanted oak trees die or become
diseased, they shall be replaced and maintained for seven years after the new oak trees are
planted;
3) A replanting schedule and diagram for trees removed or encroached upon by permit activities
consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County
Ordinance, if any, shall be submitted to and approved by the Director of Development Services
or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan,
considering future lot development, interference with foundations, fencing, roadways,
driveways, and utilities. Trees planted shall be protected from livestock and other animals;
4) Oak Tree protection measures for trees to be retained within the project site shall be included
in construction specifications. Prior to construction or surface disturbance, a protective fence
or brightly colored staked boundary shall be placed 5 feet beyond the established critical
rooting zone (CRZ) of the oak or group of oaks being protected. A warning sign shall be
15
Butte County Department of Development Services
Zoning Determination – TPM18-0001/ Dave Anderson Page 8 of 12
prominently displayed on each fence. The sign should be a minimum of 16 x 24 inches, brightly
colored and be visible, even from vehicles. The sign must indicate that the CRZ is a restricted
area. Orange safety triangles may suffice if other signage cannot be constructed. A high
visibility plastic mesh fence is recommended to maximize the visibility of protected tree areas.
Wire with bright-colored flags placed at equal intervals can also be a suitable barrier so long
as it maintains high visibility. Protective fencing shall remain in place until final inspection by
the qualified professional. No vegetation removal, soil disturbance, or other development
activities shall occur within the tree zone to protect root systems and minimize compaction of
the soil, unless authorized by Oak Tree Mitigation Plan; and
5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to
and approved by the Director of Development Services or his/her designee; or
B. Provide proof of compliance with the adopted Butte County Oak Woodland Mitigation Ordinance
currently under preparation; or
C. Provide proof of compliance with all required avoidance and minimization measures, and payment
of all applicable fees to mitigate for blue oak woodland impacts as provided in the Butte Regional
Conservation Plan, as adopted by Butte County.
Plan Requirements: No vegetation removal, grading, road construction, or other earthwork resulting
in the removal or encroachment upon oak trees on the project site shall be permitted until the mitigation
measure is satisfied by the applicant/developer completing one of the specified measures to the
satisfaction of the Director of Development Services or his/her designee.
Timing: Requirements of the condition shall be satisfied prior to any development activity or the
issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on
the parcels.
Monitoring: The Butte County Department of Development Services and Department of Public Works
shall ensure that the note is placed on a separate document which is to be recorded concurrently with
the map or on an additional map sheet. At the time of septic, well, or building permit application, the
Development Services Department will reference this requirement on any grading, building, septic, or
well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved
by the Director of Development Services or his/her designee. Butte County building inspectors shall
ensure compliance on-site.
5. Mitigation Measure CUL-1
If grading activities reveal the presence of prehistoric or historic cultural resources (i.e., artifact
concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.;
structural remains; human skeletal remains) work within 50 feet of the find shall immediately cease
until a qualified professional archaeologist can be consulted to evaluate the find and implement
appropriate mitigation procedures. If human skeletal remains are encountered, State law requires
immediate notification of the County Coroner (530.538.7404). If the County Coroner determines that
the remains are in an archaeological context, the Native American Heritage Commission in Sacramento
shall be notified immediately, pursuant to State Law, to arrange for Native American participation in
determining the disposition of such remains. The provisions of this mitigation shall be followed during
construction of all subdivision improvements, including land clearing, road construction, utility
installation, and building site development.
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Butte County Department of Development Services
Zoning Determination – TPM18-0001/ Dave Anderson Page 9 of 12
Plan Requirements: This note shall be placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet and shall be shown on all site development
and building plans.
Timing: This measure shall be implemented during all site preparation and construction activities.
Monitoring: The Department of Development Services and/or Public Works Department shall ensure
the note is placed on a separate document which is to be recorded concurrently with the map or on an
additional map sheet. Should cultural resources be discovered, the landowner shall notify the Planning
Division and a professional archaeologist. The Planning Division shall coordinate with the developer
and appropriate authorities to avoid damage to cultural resources and determine appropriate action.
State law requires the reporting of any human remains.
6. Mitigation Measure GHG-1
The project proponent shall implement the following measures during construction-related activities
and at the time of development to offset the anticipated contribution of greenhouse gas emissions:
• Prewire all new residential development to support photovoltaic system installation.
• Install electrical vehicle outlets on external walls or in garages in all new residential development.
• Minimize equipment idling time during construction activities either by shutting equipment off
when not in use or reducing the time of idling to no more than 3 minutes.
• Use clean or alternative fuel equipment during construction-related activities to improve fuel
efficiency.
Plan Requirements: The measure shall be placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet. This note shall also be placed on all building
and site development plans.
Timing: Shall be implemented prior to issuance of building permits for residential development.
Construction-related measures shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works
Department shall ensure that the measure is placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet. Planning Division will ensure that future
residential development includes the applicable measures during Building Permit review. Building
inspectors shall spot check and shall ensure compliance on-site.
7. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a CEQA
Notice of Determination for the project, unless the project proponent provides verification from the
California Department of Fish and Wildlife that the project is exempt from the fee requirement. If a
required fee is not paid for a project, the project will not be operative, vested or final and any local
permits issued for the project will be invalid (Section 711.4 (c) (3)).
8. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees.
9. Fencing on the site shall be consistent with the development standards identified in Butte County Code
§24-37 F.
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Butte County Department of Development Services
Zoning Determination – TPM18-0001/ Dave Anderson Page 10 of 12
10. Prior to recordation of the Parcel Map, the property owner shall record a declaration acknowledging
the right to farm, pursuant to Chapter 35 of the Butte County Code (Agricultural Statement of
Acknowledgement).
11. Place a note on a separate document which is to be recorded concurrently with the parcel map or on an
additional map sheet that states: “A Declaration of Acknowledgement Right to Farm (Agricultural
Statement of Acknowledgement) has been recorded on the parcels.”
Land Development Division, Department of Public Works
12. Prior to recordation of the parcel map, provide a fully executed road maintenance agreement for all
non-publicly maintained access roads on the county approved form. A note shall be placed on a separate
document which is to be recorded concurrently with the map or on an additional map sheet of the parcel
map stating: "In accordance with Civil Code Section 845, maintenance of the road as shown hereon
shall be shared by those properties with a legal interest in it."
13. All access rights shall be reserved by deed per county ordinance, offered for dedication, and depicted
on the parcel map. Place the following note on the parcel map: “approved road name is a non-exclusive
easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby
offered for dedication to the County of Butte.”
14. Prior to recordation of the parcel map, demonstrate to the Department of Public Works that there is
approved access conforming to county code to each parcel from a publicly maintained road.
15. Prior to recordation of the parcel map, provide street name signs per requirements of the Department
of Public Works. Street names shall be reviewed by the county address coordinator and one name for
each new street shall be recommended to the Board of Supervisors for approval prior to recordation of
the parcel map. A minimum of five alternate names for each new street shall be submitted.
16. Prior to final road inspection, install all necessary traffic safety signs including stop signs. For all non-
publicly maintained access roads, a note shall be placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet of the parcel map stating: "No public entity
shall be responsible for the maintenance of the traffic safety signs including stop signs. In accordance
with Civil Code Section 845, maintenance of the traffic safety signs shall be shared by those properties
with a legal interest in them."
17. Prior to recordation of the parcel map, submit road and drainage improvement plans to the Land
Development Division for the installation of a standard S-18B road approach in accordance with county
improvement standards. Obtain an encroachment permit and construct the road approach prior to
recordation of the parcel map. Adequate sight distance at the intersection of access road and shall be
provided. Right-of-way required for construction of road approach and roadside drainage shall be
provided.
18. Provide a cul-de-sac or building free turn around area designed and constructed as specified in the
county improvement standards. The parcel map shall show the cul-de-sac or building free turn around
area.
19. Prior to recordation of the parcel map, provide approved access to parcels 1 and 2 from a county
maintained road or from a state highway. Construct or provide a performance, labor and material bond
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Butte County Department of Development Services
Zoning Determination – TPM18-0001/ Dave Anderson Page 11 of 12
for construction of improvements to access road in conformance with county improvement standard
RS-8 LD-I, 20 feet wide with 4″ of CL II aggregate base where required.
20. Prior to grading, a construction storm water permit will be required by the State Water Resources
Control Board if the project results in ground disturbance, including clearing, excavation, filling, and
grading of one or more acres. The permit must be obtained from the State Water Resources Control
Board prior to construction. Submit engineering estimate of area to be disturbed to the Department of
Public Works for review and approval. If a construction storm water permit is required, engineering
plans shall show the Waste Discharge Identification (WDID) number on the title sheet of the plans and
a copy of the erosion and sediment control plan shall be provided to the Land Development Division
of the Public Works Department. If a construction storm water permit is required, place a note on an
additional map sheet that states: “The development of this parcel map required a construction storm
water permit. Construction activities that result in a land disturbance of less than one acre, but which
are part of a larger common plan of development, also require a permit. Development of individual lots
may require an additional permit(s).
21. Show all easements of record on the parcel map.
22. Prior to recordation of the parcel map, pay in full any and all delinquent, current and estimated taxes
and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California
Government Code commencing with Section 66492.
23. Pay the recording fees in effect at the time the parcel map and related documents are recorded.
Butte County Fire Department/Cal Fire
24. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on
parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code
4290, 4291 and current Butte County Improvement Standards, whichever is stricter.
25. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and
20 feet wide for commercial, and 15 feet vertical clearance that will allow for ingress and egress and
accommodate a 40,000-pound fire apparatus to within 150 feet of all structures.
26. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map,
or on an additional map sheet stating, “Building identification and/or addresses shall be installed in
conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and
maintained continuously thereafter.
27. Prior to any lot clearing activity or cutting of trees, contact the Butte Area Forester at (530) 872-6353
to determine the need for a less than 3 acre conversion exemption permit or a timber harvest plan.
Environmental Health Division, Public Health Department
28. Prior to building permit approval, the project proponent shall obtain an On-Site Wastewater
Construction Permit and construct on-site sewage disposal facilities in compliance with Chapter 19,
Butte County Code. The proposed system shall be designed by a Certified Designer and meet
specifications within the Butte County Onsite Wastewater Manual.
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Butte County Department of Development Services
Zoning Determination – TPM18-0001/ Dave Anderson Page 12 of 12
29. New on-site wastewater systems will require a permit issued by BCEH, but will not require further site
evaluation if the proposed design is proposed in the areas which were identified in soils profile study.
II. NOTATION
A. Minor changes may be approved administratively by the Directors of Development Services,
Environmental Health, or Public Works upon receipt of a substantiated written request by the
applicant, or their respective designee. Prior to such approval, verification shall be made by each
Department or Division that the modification is consistent with the application, fees paid and
environmental determination as conditionally approved. Changes deemed to be major or significant
in nature shall require a formal application for amendment.
20
¬«70
¬«191
Pe
nt
z
RdDurham-Pentz RdNeal RdRo e R d
Pearson Rd
S kyw ay
Foster RdSawmill RdClark RdBuschmann Rd
μ 0 0.5 1 1.5 20.25
Miles Dave Anderson
TPM18-0001
APN 041-030-153 & 154 and 041-320-025
Vicinity Map
Town of
Paradise
Project Site
HollandAve21
¬«70
Applicant/Owner: Dave Anderson/D&J Development Enterprises
Request: Tentative Parcel Map (3 lots from 2 lots)APN: 041-030-153 & -154 and 041-320-035
Butte County Zoning
Supervisor District #5
File#: TPM18-0001
Zoning: AG-40 (Agriculture 40-acre minimum) and
AG-160 (Agriculture 160-acre minimum)
:0 800 1,600 2,400 3,200400
Feet
Anderson TPM18-0001
Legend
Zoning 2030
Special Purpose Zones
AG-20
AG-40
AG-160
FR-20
FR-40
FCR-20
RCR-10
G-C
Public Pent
z
Ro
a
d22
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 MITIGATED NEGATIVE DECLARATION AND
NOTICE OF PUBLIC HEARING
TENTATIVE PARCEL MAP TPM18-0001
In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an
Initial Study and is considering the adoption of a Mitigated Negative Declaration for the project listed
below at a public hearing before the Butte County Zoning Administrator to be held on April 15, 2020
at 10:00 a.m. or shortly thereafter in the Butte County Development Services Training Room, located
at 7 County Center Drive, Oroville, California.
Project Information
Project: Tentative Parcel Map TPM18-0001 (Dave Anderson)
Location: The project site encompasses 523.91 acres located on the east side of Pentz Road,
approximately 0.6 miles north of Durham-Pentz Road, north of Oroville.
APNs: 041-030-153, 041-030-154 and 041-320-035
Proposal: Tentative Parcel Map to divide 523.91 acres (two parcels) into three parcels (200.05 acres,
161.51 acres and 162.35 acres). The property is situated in the AG-160 zone along with being located in
both the Winter and Critical Winter Deer Herd Migratory area. Proposed parcel 1 will have frontage on
Pentz Road, a county-maintained road. Proposed parcel 2 will access by a private road through proposed
parcel 1. Proposed parcel 3 will have access through a private roads off of Highway 70. Domestic water
for each parcel would be provided by a well. Wastewater will be provided by onsite individual waste
water systems (septic tank and leachfield).
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/Mitigated Negative Declaration (IS/MND) and reference documents for this project
are on file for public review and comment starting March 16, 2020, through April 14, 2020, at the
Butte County Planning Division, 7 County Center Drive, Oroville, CA 95965. The IS/MND is also
available for review on the County website at http://www.buttecounty.net/dds/Planning/CEQA.aspx.
Comments regarding the Tentative Parcel Map 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 Mark Michelena, Butte County Development Services
Department, Planning Division at (530) 552-3683 or mmichelena@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
23
Dave Anderson Tentative Parcel Map (TPM18-0001) 1
Butte County January 2019
INITIAL STUDY AND ENVIRONMENTAL REVIEW CHECKLIST
California Environmental Quality Act (CEQA)
PROJECT INFORMATION
1.Project Title:
2.Lead Agency Name and Address:
3.Contact Person and Phone Number:
4.Project Location:
5.Project Sponsor’s Name and Address:
6.General Plan Designation:
7.Zoning:
D&J Development Enterprises/Dave Anderson (TPM18-0001)
Butte County – Department of Development Services
Planning Division
7 County Center Drive
Oroville, CA 95965
Mark Michelena, Senior Planner 530.552.3683
mmichelena@buttecounty.net
The project site encompasses 523.91 acres located on the east side of
Pentz Road, approximately 0.6 miles north of Durham-Pentz Road,
south of Paradise. Township 21N, Section 19, Range 04E and Township
21N, Section 20, Range 04E; MDB&M. Latitude 39°39’51.443”N,
Longitude 121°33’9.626”W. APNs 041-030-153 & -154 and 041-320-
035.
Dave Anderson
555 Valstream Drive
Paradise, CA 95969
Agriculture (AG)
AG-160 (Agriculture – 160-acre minimum)
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.)
The project is a Tentative Parcel Map to divide 523.91 acres (two parcels) into three parcels (200.05 acres, 161.51 acres
and 162.35 acres). Proposed parcel 1 will have frontage on Pentz Road, a county-maintained road. Proposed parcel
2 will access by a private road through proposed parcel 1. Proposed parcel 3 will have access through a private roads
off of Highway 70. Domestic water for each parcel would be provided by a well. Wastewater will be provided by
onsite individual waste water systems (septic tank and leachfield).
9.Surrounding Land Uses and Setting: (Briefly describe the project’s surroundings)
Surrounding uses include primarily undeveloped lots ranging in size from 5 to 92 acres. There is some residential
development to the south and west.
24
Dave Anderson Tentative Parcel Map (TPM18-0001) 2
Butte County March 2020
Direction General Plan Designation Zoning Existing Land Use(s)
North Agriculture AG-40 & -160 Grazing Land/Lake Oroville
South Agriculture & Public AG-20. -40, -160 & PB Grazing Land/Residential
East Agriculture & Public AG-20. -40, -160 & PB Grazing Land/Lake Oroville
West Agriculture AG-40 & -160 Grazing Land/Residential
The project site and surrounding area is zoned Agriculture (AG) and Public (PB). 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 or 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 sizes in the AG zone ranges from twenty (20) acres to one hundred sixty (160) acres.
The minimum parcel size for the subject parcels are forty (40) acres and one hundred sixty (160) acres.
The project site area is characterized as a rolling foothills, with chaparral, Blue Oak Woodlands, Mixed Oak
Woodlands and Blue Oak Savanna. Surrounding uses include primarily undeveloped lots ranging in size from 5
to 92 acres. Lake Oroville is located to the north and east. State Highway 70 is located south of the project site.
Union Pacific Railroad crosses through APN 041-030-153. There is some residential development to the south
and west.
The topography of the project area is rolling terrain with slopes ranging from 5 to over 30 percent, with an
elevation range of approximately 640 to 1,500 feet above sea level. Vegetation on the project site consists
primarily of annual grasslands and oak woodlands. The Upper Miocene Canal crosses in a north-south direction,
in the eastern portion of APN 041-030-154 and a portion of the western edge of APN 041-030-153. There are a
couple natural drainage swales on project site. The project site is in both the Critical and Winter Deer Herd
Migratory areas, but primarily in the Critical Winter Deer Herd Migratory area. The project site is undeveloped.
10. Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement)
Butte County Department Development Services: Building Permits (Future Construction)
Butte County Public Health Environmental Health Division (Wastewater and Water)
Butte County Public Works Department: Road and Grading Improvement Plans
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
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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
26
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Figure 1 - Project Vicinity Map
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Figure 2 – Proposed Tentative Parcel Map
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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.
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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?
Setting
The project site and vicinity is characterized as a rural area with large undeveloped lots and a few residential lots,
situated in the rural valley region of Butte County, approximately 4.2 miles south of Paradise. Surrounding uses include
primarily undeveloped lots ranging in size from 5 to 92 acres. There is some residential development to the south and
west. The project site, 523.91 acres is undeveloped. The topography of the project area rolling terrain with slopes
ranging from 5 to over 30 percent, with an elevation range of approximately 640 to 1,500 feet above sea level.
Vegetation on the project site consists primarily of annual grasslands and oak woodlands.
The topography of the project area is rolling terrain with slopes ranging from 5 to over 30 percent, with an elevation
range of approximately 640 to 1,500 feet above sea level. Vegetation on the project site consists primarily of annual
grasslands and oak woodlands. The most prominent human-made features in the area are rural residences, accessory
structures, roads, railroad and utility lines.
The Butte County General Plan depicts identified scenic resources in Butte County, including land-based and water-
based scenic resources (Figure COS-7), County scenic highways (Figure COS-8), and Scenic Highway Zones (Figure
COS-9).
Discussion
a) Have a substantial adverse effect on a scenic vista?
Less than significant impact. The predominate views from the project site and surrounding area are the Sierra
Nevada and Cascade Mountain Ranges to the east and north. The nearest scenic vistas are Lake Oroville, which
is located approximately 650 feet northeast of the project site, and Table Mountain, which is located
approximately 1.3 miles to the south. Due to topography, future development will not impact view of the scenic
resources, nor impact views from the scenic resources. Future development on the resultant parcels may
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include permitted and conditionally-permitted uses allowed within the AG zoning designation. Permitted
development on the resultant parcels are consistent with the existing visual characteristics of the surrounding
area. In addition, the proposed large parcel sizes (160+ acres), as well as the visual compatibility of permitted
uses with the surrounding area, will not substantially interfere with the 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?
Less than significant impact. The project site is not located adjacent to a state-designated or county-designated
scenic highway, but State Highway 70 is in close proximity, to the project site and it is identified as a County
Scenic Highway. However, due to topography between State Highway 70 and the project sire, future
development will not be visible from the County Scenic Highway. Therefore, future development would not
damage or degrade scenic resources within an identified 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?
Less than significant impact. The nearest publicly accessible areas to the project site are Pentz Road and State
Highway 70, which is located approximately 1,000 feet south of the project site. Permitted development include
uses and densities that are similar to the surrounding area, and would not result in negatively altering the
character or visual quality of the project site and surrounding area. The County has identified portions of State
Highway Zone and Pentz Road as a Scenic Highway Zone (SHZ). The Scenic Highway (SH) overlay zone
establishes standards to preserve the natural aesthetic qualities of areas visible from roadways designated as
scenic highways by the State of California or the Butte County Board of Supervisors (Butte County General Plan
Figure COS-9, Scenic Highway Overlay Zones). Development within the SH overlay zone is intended to feature
high quality architectural design, preserve views from the highway, and maintain existing topographic features
on the site. The SHZ regulates development within 350 from edges of the scenic highway right-of-way. The
only portion of the project site within the SH overlay is along Pentz Road. Future development will be required
to be consistent with Butte County Zoning Code §24-42.
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. No new outdoor lighting is proposed. However, outdoor lighting for safety and
security could potentially be added in the future on the resultant parcels. Development of these parcels would
be similar with the rural character already established in the surrounding areas. Any new outdoor lighting in
residential zones are subject to Article 14, Section 24-67 of Butte County Zoning Code, which requires that all
outdoor lighting in residential areas be located, adequately shielded, and directed such that no direct light falls
outside the property perimeter, or into the public right-of-way. With implementation of outdoor lighting
regulations, the proposed project would not create new sources of substantial lighting or glare that would
generate a significant impact.
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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 cancelled.
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Farmland Mapping and Monitoring Program
The California Farmland Mapping and Monitoring Program (FMMP) develops statistical data for analyzing impacts to
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 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.
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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?
Less than significant impact. The California Farmland Mapping and Monitoring Program designates the project
parcel as “Grazing Land” and “Other Land”, which contains land on which the existing vegetation, whether
grown naturally or through management, is suitable for grazing or browsing of livestock. Only lands
categorized as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Farmland of Local
Importance (if adopted by the county) are designated as Important Farmland. The proposed project is not
located on lands designated as Important Farmland in the Farmland Mapping and Monitoring Program, and
would not result in the conversion of Important Farmland to a non-agricultural use.
b) Conflict with existing zoning for agricultural use or a Williamson Act contract?
Less than significant impact. The project site is not under a Williamson Act Contract. And, there are no parcels
under a Williamson Act Contract within 300 feet of the project site.
The project site and surrounding area is zoned Agriculture. Therefore, future residential development on the
resultant parcels must be setback 300 feet from all property lines adjacent to Agriculture zoned property.
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 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 “Grazing Land” and “Other Land” under the California Farmland
Mapping and Monitoring Program. Lands within 300 feet of the project site are designated “Grazing Land and
“Other”. No prime, unique or farmland of statewide importance occurs on the project site, or in the immediate
vicinity of the project site. The proposed parcel sizes, 200.05 acres, 161.51 acres and 162.35 acres, will allow future
agriculture uses, including grazing. Therefore, the project would not result in the conversion of Farmland to a
non-agricultural use.
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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 upon 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
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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
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Sensitive Receptors
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 92 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 (2712 Pentz Road) 850 feet west
Residence (9700 Suel Drive) 900 feet east
Residence (2772 Pentz Road) 930 feet southwest
Residence (2776 Pentz Road) 945 feet east
Residence (4800 Messilla Valley Road) 1,475 feet northwest
Residence (302 Vinton Gulch Road) 2,000 feet south
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 for 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).
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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?
Less than significant impact. The applicable air quality plan for the project area is the Northern Sacramento
Valley Planning Area 2015 Triennial Air Quality Attainment Plan. In adopting this plan, BCAQMD assumes that
growth within its jurisdiction will be in accordance with city and county general plans, for which air quality
effects associated with build-out have been analyzed.
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 could result in minor population growth in the County with build-out of the resultant
parcels. However, the proposed development density is consistent with the established zoning, and population
growth to the area has already been anticipated for under Butte County General Plan 2030. Additionally, the
total number of single-family residential units generated by the project are below the maximum screening
criteria established in Table 1.3-3. Therefore, the project is not anticipated to cause significant impacts to
regional air quality, or otherwise conflict with the basin’s air quality management plan, provided that best
management practices for the control of fugitive dust during construction activities are employed.
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 with mitigation incorporated. The proposed project has the potential to impact
air quality primarily in two ways: (1) the project would generate mobile source emissions (i.e., added vehicle
trips, energy use) associated with future development on the resultant parcels, and (2) construction activities
associated with the development of the resultant parcels would generate fugitive dust (PM10) from grading
activities, construction exhaust emissions (PM10, NOx), and evaporative emissions of reactive organic gases
(ROG or VOC) from paving activities and architectural coatings.
Mobile source emissions are produced from motor vehicles, and include tailpipe and evaporative emissions.
Energy use associated with future development also generate emission from heating and cooling systems,
lighting, applicant, water use and wastewater. Future development of the resultant parcels have the potential
to generate these direct and indirect emissions. Emissions generated during at build-out of the resultant
parcels are not expected to be substantial, and would not significantly violate existing air quality standards,
because only a limited amount development would occur over the project site. The limited amount of
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development to occur with the proposed project was compared to the screening criteria of Table 1.3-3, and
deemed to have a less than significant impact to the environment.
Construction-related emissions are generally created throughout the course of project implementation and
parcel development, and would originate from construction equipment exhaust, employee vehicle exhaust,
dust from grading the land, exposed soil eroded by wind, and ROGs from architectural coating and asphalt
paving. Construction-related emissions would vary substantially depending on the level of activity, length of
the construction period, specific construction operations, types of equipment, number of personnel, wind and
precipitation conditions, and soil moisture content. Despite this variability in the project and project site
conditions, there are a number of feasible control measures that can be reasonably implemented to reduce
construction-related emissions to a less than significant level. These measures as well as other common air
pollution control measures are recommended in Appendix C of BCAQMD’s CEQA Handbook (2014), and are to
be implemented as Mitigation Measure AIR-1, listed below.
c) Expose sensitive receptors to substantial pollutant concentrations?
Less than significant impact with mitigation incorporated. 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
construction activities. Implementation of Mitigation Measure AIR-1 would reduce potential cumulative fugitive
dust emission impacts to a less than significant level.
d) Result in other emissions (such as those leading to odors) adversely affecting a
substantial number of people?
Less than significant impact. Future permitted uses on the resultant parcels would not create objectionable
odors. However, future construction activities could include objectionable odors from tailpipe diesel emissions
and from solvents in adhesives, paints, caulking materials, and new asphalt. Since odor impacts would be
temporary and limited to the area adjacent to the construction 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
period of time.
Mitigation Measures
Mitigation Measure AIR-1
The following best practice measures to reduce impacts to air quality shall be incorporated by the project applicant,
subject property owners, or third-party contractors during construction activities on the project site. These measures
are intended to reduce criteria air pollutants that may originate from the site during the course of land clearing and
other construction operations.
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than 10,000 Pounds
• All on- and off-road equipment shall not idle for more than five minutes. Signs shall be posted in the
designated queuing areas and/or job sites to remind drivers and operators of the five-minute idling limit.
• Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited.
• All construction equipment shall be maintained in proper tune according to the manufacturer’s specifications.
Equipment must be checked by a certified mechanic and determined to be running in proper condition before
the start of work.
• Install diesel particulate filters or implement other CARB-verified diesel emission control strategies.
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• Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any
ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at
any location when within 100 feet of a restricted areas.
• To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk hour emissions.
Operational TAC Emissions
• All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne Toxic
Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see
http:www.arb.ca.gov/toxics/atcm/atcm.htm).
• Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses near a
construction site. Dust complaints could result in a violation of the District’s “Nuisance” and “Fugitive Dust” Rules 200
and 205, respectively. The following is a list of measures that may be required throughout the duration of the
construction activities:
• Reduce the amount of the disturbed area where possible.
• Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site.
An adequate water supply source must be identified. Increased watering frequency would be required
whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible.
• All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved alternative method
will be used.
• Permanent dust control measures identified in the approved project revegetation and landscape plans should
be implemented as soon as possible following completion of any soil disturbing activities.
• Exposed ground areas that will be reworked at dates greater than one month after initial grading should be
sown with a fast-germinating non-invasive grass seed and watered until vegetation is established.
• All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binders,
jute netting, or other methods approved in advance by the Butte County Air Quality Management District.
• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition,
building pads should be laid as soon as possible after grading unless seeding or soil binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction
site.
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two
feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with local
regulations.
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and
equipment leaving the site.
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water
sweepers with reclaimed water should be used where feasible.
• Post a sign in prominent location visible to the public with the telephone numbers of the contractor and the
Butte County Air Quality Management District - (530) 332-9400 for any questions or concerns about dust from
the project.
All fugitive dust mitigation measures required should be shown on grading and building plans. In addition, the
contractor or builder should designate a person or persons to monitor the dust control program and to order increased
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watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend period
when work may not be in progress. The name and telephone number of such persons shall be provided to the District
prior to land use clearance for map recordation and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of California Health and Safety
Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation.
Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the
map or on an additional map sheet. This note shall also be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure
that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional
map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control
District inspectors shall respond to nuisance complaints.
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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
Blue Oak
Blue Oak is the dominant vegetation community within the project area. Common species observed were blue oak
(Quercus douglasii) and live oaks (Quercus wislizeni) with an understory ranging from patches of dense buckbrush
(Ceanothus cuneatus) to an herbaceous dominated understory composed of annual grasses and forbs. Some other
species observed were foothill honeysuckle (Lonicera interrupta) and poison oak (Toxicodendron diversilobum). The Blue
Oak habitat type provides foraging ground for a variety of wildlife species and breeding habitat for reptiles and
mammals including bats and nesting birds.
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Annual Grassland
Annual grassland occurs in between the blue oak habitat. Boulders and large cobble were found scattered throughout
much of the annual grassland habitat. The annual grassland consist mostly of annual grasses and forbs, such as yellow-
star thistle (Centaurea solstitialis), medusahead (Elymus caput-medusae), soft chess (Bromus hordeaceus), Italian
ryegrass (Festuca perennis), long-beaked stork’s-bill (Erodium botrys), wild oats (Avena spp.), and a variety of clovers
(Trifolium spp.). Wildlife species use grassland habitat for foraging but often require some other habitat characteristics
such as rocky outcrops, cliffs, mammal burrows, caves, or ponds to breed and find shelter for escapement. Common
species that are found breeding in this habitat include a variety of ground-nesting avian species and small mammals.
Wetlands
Seasonal wetlands are non-tidal depressional wetlands classified under the palustrine system. They tend to stay wet or
ponded into late spring or early summer months and are typically dominated by generalist wetland plants and
emergent wetland plants. Vernal pools are similar depressional features that are formed where a shallow hardpan
prevents water from draining down through the soil. Vernal pools are typically dominated by vernal pool endemic plant
species and tend to dry down sooner than seasonal wetlands. Swales are low drainage pathways that typically connect
to and help feed wetland or other water features. Aquatic wildlife species typically found in wetlands include a variety
of invertebrates and amphibians. Due to the sloping topography, no seasonal or vernal wetlands were identified on the
project site.
Riverine
Riverine habitat is distinguished by intermittent or continually running water. There are a few ephemeral drainages
present. Ephemeral drainages do not convey water year-round. They dry up seasonally and play an important role in
conveying and filtering seasonal runoff into larger perennial riverine systems. The Upper Miocene Canal does traverse,
in a north-south direction, on the eastern portion of APN 041-030-154. No other waterways are located on the project
site.
Barren
Barren habitat is typified by non-vegetated soil, rock, and gravel. Only a small percentage of the project site contains
barren habitat. There are existing dirt roads on the project parcels. The barren habitat type provides low quality habitat
to wildlife.
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Endangered, Threatened and Rare Plants
Jepson's onion
Jepson’s onion is ranked as a 1B.2 plant under the CNPS. It is not a federally or state listed species. Jepson’s onion, a
monocot, is a perennial herb, grows to a height between 20 and 40 centimeters. There is a single cylindrical leaf which
hold about 20 to 60 small, pink-veined white flowers that bloom from April through August. Jepson’s onion occurs in
foothill woodland and yellow pine forests. Current threats to this species include loss of habitat due to residential
development and fire suppression activities.
Dissected-leaved toothwort
Dissected-leaved toothwort is ranked as a 1B.2 plant under the CNPS. It is not a federally or state listed species.
Dissected-leaved toothwort is a perennial herb that is native to California which grows to a height of approximately 30
centimeters in height. The leaves are generally made up of several leaflets which are oval to round, thick and fleshy,
and several centimeters long. The inflorescence produces pink or purple flowers with petals up to a centimeter long. It
flowers from February through May. It occurs in Serpentine, rocky, Chaparral, Lower montane coniferous forest. Current
threats to this species include loss of habitat due to residential development and fire suppression activities.
Butte County fritillary
Butte County fritillary is ranked as a 3.2 plant under the CNPS. It is not a federally or state listed species. Butte County
fritillary is a perennial herb that is native to California which grows to heights from 20 to 80 centimeters. Its flowers are
nodding with slightly flared and slightly recurved (curving backwards) tepals. Its color varies from greenish-yellow
mottled to a mixture of red, orange, green and yellow mottling. It flowers from March through June. Butte County
fritillary occurs in Foothill Woodland, Yellow Pine Forest and chaparral. Current threats to this species include loss of
habitat due to residential development and fire suppression activities.
Red Bluff Dwarf Rush
Red Bluff dwarf rush is ranked as a 1B.1 plant under the CNPS. It is not a federally or state listed species. It is native to
California and only occurs in the northern portion of the Central Valley and the Sierra Nevada foothills. Red Bluff dwarf
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rush is a small annual, grass-like herb that blooms from March through May. It can be found within vernal pools and
other moist, or mesic, areas with similar vernal hydrology. Current threats facing Red Bluff dwarf rush are loss of habitat,
changes in hydrology and invasive species.
Colusa layia
Colusa layia is ranked as a 1B.2 plant under the CNPS. It is not a federally or state listed species. It is native to California.
It is a small annual herb which grows to a height of approximately 35 centimeters and blooms in April and May. It can
be found within chaparral, valley grassland and foothill woodland areas Current threats to this species include loss of
habitat due to residential development and fire suppression activities.
Veiny monardella
Veiny monardella is ranked as a 1B.1 plant under the CNPS. It is not a federally or state listed species. It is native to
California. It is an annual, herb which grows to a height of approximately 30 centimeters that blooms in June and July.
It can be found within valley grassland. Current threats to this species include loss of habitat due to residential
development and fire suppression activities.
Butte County Checkerbloom
Butte County checkerbloom is ranked as a 1B.2 plant under the CNPS. Butte County checkerbloom is a rhizomatous
plant with basal leaves and a tall flower raceme that produces pink flowers from April through June. Butte County
checkerbloom occurs in the understory of oak woodlands and brushy slopes in and around rocky outcroppings and
along ephemeral drainages and draws in the foothills of Butte County, particularly on the Tuscan Formation. Current
threats to this species include loss of habitat due to residential development and fire suppression activities.
Endangered, Threatened and Special Status Wildlife
Foothill yellow-legged frog
Foothill yellow-legged frog is not federally listed, but is a listed as a threatened candidate by the state. It is also listed
as a species of special concern by the California Department of Fish & Wildlife. It is anticipated that they may become
a state listed species in 2020. They are found in flowing streams and rivers, with either rocky substrate or sunny banks.
The project site does not have habitat that would support the frog.
Tricolored blackbird
Tricolored blackbird is not federally listed, but is a listed as threatened by the state. It is also listed as a species of special
concern by the California Department of Fish & Wildlife. Historically, Tricolored blackbirds nested in wetlands with
cattails, bulrushes, and willows, but as wetlands were converted to agricultural fields, towns, and business parks they
started nesting in agricultural fields. Now a large percentage of the population nests in triticale fields, a wheat x rye
hybrid used to feed dairy cows. Where wetlands are available Tricolored Blackbirds continue to use them for nesting
and foraging. More recently Tricolored blackbirds have also been found nesting in irrigated pastures in the foothills of
the Sierra Nevada, California. Foraging habitats include cultivated fields, feedlots associated with dairy farms, and
wetlands.
Deer Herd Wintering Migration Area
The project site is located in both the winter and critical winter deer herd migratory areas for the East Tehama deer
herd under Butte County General Plan 2030. East Tehama migratory deer herds migrate from higher elevations in East
Butte County and Lassen County to lower elevation winter range areas in Butte County. Before the winter snows arrive,
the deer generally reach the lower foothill habitats dominated by blue oak, foothill pine, and chaparral stands. This is
where they will winter and breed and move from in the following spring to complete the yearly cycle. There are some
portions of this winter range in Butte County that are considered to be critical winter range areas, which include habitat
that is critical to the survival of the migratory deer herds during severe winter conditions. The non‐critical and/or winter
areas provide habitat that is suitable for winter conditions, but not critical during severe winter conditions.
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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?
Less than significant impact with mitigation incorporated. The project site has suitable habitat for special–
status plant species including Butte County checkerbloom, Red Bluff dwarf rush, Colusa layia and Veiny
monardella. Suitable habitat was also identified for avian species protected under the Migratory Bird Treaty
Act (MBTA). Suitable nesting habitat for MBTA species includes annual grassland habitat, trees, and shrubs.
To avoid potential impacts to special-status plant and invertebrate species, Mitigation Measure BIO-1 requires
a pre-construction protocol-level survey during the appropriate survey window for Butte County
checkerbloom, Red Bluff dwarf rush, Colusa layia and Veiny monardella. In the event one of these species is
found to be located on the project site, the known populations in the project area will be included in the
engineering drawings and all construction activities will be conducted to avoid the populations. Complete
avoidance will be achieved by establishing and maintaining a 100-foot buffer for plant species. Additionally,
before the start of construction activities within the project area, exclusionary fencing would be erected around
the buffer zones to further protect and avoid the populations.
Foothill yellow-legged frog is not federally listed, but is a listed as a threatened candidate by the state. It is also
listed as a species of special concern by the California Department of Fish & Wildlife. It is anticipated that they
may become a state listed species in 2020. They are found in flowing streams and rivers, with either rocky
substrate or sunny banks. The project site does not have habitat that would support the frog.
The project site contains suitable habitat for several avian species protected under the MBTA. To avoid
potential impacts to avian species protected under the MBTA and California Fish and Game Code (CFGC),
Mitigation Measure BIO-2 is recommended before construction on Parcel 1 and Parcel 2. Adherence to
recommended mitigation measures would reduce potential impacts to a less than significant level.
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. The project site is not identified as containing a Sensitive Natural Community (SNC). There is no
riparian habitat on 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. The project site based on the existing topography, does not have any wetlands that would be
impacted by future development and use on the proposed parcels.
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?
Less than significant impact. Wildlife movement corridors are routes frequently utilized by wildlife that provide
shelter and sufficient food supplies to support wildlife species during migration. Movement corridors generally
consist of riparian, woodlands, or forested habitats that span contiguous acres of undisturbed habitat. Wildlife
movement corridors are an important element of resident species home ranges, including deer and coyote.
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The project site is located within a Butte County migratory deer herd winter and critical winter area for the East
Tehama deer herd. The East Tehama deer herd migrate from higher elevations in East Butte County and Lassen
County to the lower elevation winter range area in Butte County. There are some portions of this winter range
in Butte County that are considered to be critical winter range areas, which include habitat that is critical to the
survival of the migratory deer herds during severe winter conditions. The non‐critical and/or winter areas
designated on the project site provide habitat that is suitable for winter conditions, but not critical during
severe winter conditions.
Butte County Code section 24-37 identifies wintering and critical sensitive habitat areas for migratory deer
while continuing to allow development and the reasonable use of the land within these areas. Under section
24-37, minimum parcel size restrictions have been established for both winter and critical wintering ranges.
Winter areas must maintain a minimum parcel size of twenty (20) acres, with critical winter areas maintaining
a minimum parcel size of forty (40) acres. Fencing standards in migratory deer herd wintering areas are also
established under this section. Fencing is limited to a maximum height of forty-eight (48) inches with the
distance between the ground and bottom strand or board of the fence to be no less than sixteen (16) inches.
The fence shall be constructed from a smooth wire, barbed wire, wood, or similar materials that will not be
harmful to deer. These fence restrictions do not apply to fences around home site designed to exclude wildlife
from gardens or landscaping, fences or corral used for livestock, and fencing necessary to secure domestic
animals and private kennels or enclosures for securing dogs.
The proposed project meets the minimum parcel size restrictions established under the Butte County Code,
and therefore, would not result in a development pattern that would significantly disrupt migratory deer
movement. Further, an informational note reflecting the fencing restrictions established in Butte County Code
section 24-37 will be added to the recorded parcel map, as a condition of project approval.
e) Conflict with any local policies or ordinances protecting biological resources, such as a
tree preservation policy or ordinance?
Less than significant impact with mitigation incorporated. The project site contains oak woodland habitat. Oak
woodlands are a common habitat locally and regionally and are not considered by the California Department
of Fish and Wildlife as a sensitive natural community; however, native oak trees and woodland habitats are
declining statewide because of development and land management practices. As such, Butte County General
Plan 2030 states that oak woodland habitat should be considered sensitive because it provides an important
habitat for local and residential wildlife, and because oak woodlands are limited in extent compared with its
historic distribution.
According to the CEQA Guidelines, Public Resources Code section 21083.4, the lead agency is required to
determine whether a project, within its jurisdiction, may result in a conversion of oak woodlands that will have
a significant effect on the environment. If a County determines that there may be a significant impact on oak
woodlands, the County must require mitigation to avoid or reduce impacts to these resources. Mitigation
includes conservation through the use of conservation easements; planting and maintaining an appropriate
number of replacement trees; the contribution of funds to the Oak Woodlands Conservation Fund to purchase
oak woodlands conservation easements; and/or other mitigation measures developed by the County.
Although no oak trees are anticipated to be removed to complete the project, oaks trees may be removed to
facilitate the development of future residential uses and structures. For this reason, Mitigation Measure BIO-3
is recommended to reduce potentially significant impacts to oak woodlands by future development.
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.
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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.
Mitigation Measures
Mitigation Measure BIO-1
Pre-construction protocol-level surveys shall be conducted during the appropriate survey window for the
following species: Butte County checkerbloom, Red Bluff dwarf rush, Colusa layia and Veiny monardella. If any
sensitive species will be impacted, as determined by a qualified biologist, the project either will be redesigned
to avoid the population(s) to the maximum extent practicable or the species will be mitigated by the purchase
of credits at an agency approved mitigation bank or other mitigation. For those populations to be fully avoided,
the following measures shall be implemented:
1. During the planning stages of the project, the known populations in the project area will be included
in the engineering drawings and all construction activities will be conducted to avoid the populations.
Complete avoidance will be achieved by establishing and maintaining a 100-foot buffer for plant
species, and preventing any changes to on-site drainage patterns that could de-water or introduce
water to known populations. However, a smaller buffer may be used if detailed topographic
information shows that the local hydrology drains away from the plants in question.
2. Prior to the start of construction activities within the project area, exclusionary fencing shall be erected
around the buffer zones of the populations that will be completely avoided. If necessary, a qualified
botanist shall be present to assist with locating known populations. The exclusionary fencing shall be
periodically inspected throughout each period of construction and be repaired as necessary. All
pedestrian and vehicular entry into the completely avoided areas delineated by the fencing shall be
prohibited during construction.
If complete avoidance of a population of the federally, state or CNPS ranked species is not feasible, then a
species-specific determination will be made by CDFW for state only listed species and by CDFW and USFWS
for jointly listed species and the County and CDFW for CNPS ranked species as to the appropriate mitigation
measures to be employed. These measures will likely include habitat preservation at a ratio of 2:1 (mitigation
area to impacted area). Note that preservation requirements are not additive for each species present (i.e., an
area occupied by one listed-plant species requires that same amount of habitat preservation as an equivalent
area occupied by two or more listed plant species). Before impacting a state-listed species, the project
proponent will need to obtain an incidental take permit pursuant to California Fish and Game Code Section
2081(b). For jointly listed plant species CDFW may issue a consistency determination pursuant to Fish and
Game Code Section 2080.1 provided that the terms of the federal biological opinion and/or incidental take
statement will minimize and fully mitigate the impacts of the taking. Restoration and protection of habitat shall
be the focus of mitigation efforts for impacts to listed species; however, measures may also include salvaging
the seeds of the plants with subsequent replanting in nearby suitable habitat. A detailed restoration and
monitoring plan will be developed by a qualified botanist and will contain, at a minimum, the following
information:
1. Location of areas on- or off-site to restore plant populations.
2. A description of the propagation and planting techniques to be employed in the restoration effort.
3. A timetable for implementation of the restoration plan.
4. A monitoring plan and performance criteria.
5. A description of remedial measures to be performed if initial restoration measures are unsuccessful in
meeting the performance criteria.
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6. A description of site maintenance activities to occur after restoration activities (e.g., weed control,
irrigation, and control of herbivory by livestock and wildlife).
Plan Requirements: The mitigation shall be placed on a separate document that is to be recorded concurrently
with the map or on an additional map sheet.
Timing: Requirements of the condition shall be adhered to before construction activities, and throughout all
grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall
ensure that the note is placed on a separate document which is to be recorded concurrently with the map or
on an additional map sheet. Department of Development Services shall ensure the measure is met at the time
of development and during construction activities.
Mitigation Measure BIO-2
If project construction activities, including site grubbing and vegetation removal, occur during the nesting
season for birds protected under the Migratory Bird Treaty Act (MBTA) and California Department Fish & Game
Code (CDFC) (approximately February 1 – August 31), the project proponent shall retain a qualified biologist to
perform preconstruction surveys for nesting bird species. Surveys to identify active bird nests shall be
conducted within and 250 feet around the footprint of proposed construction site. The survey shall be
conducted within 7 days prior to the initiation of construction activities. In the event that an active nest is
observed, a species protection buffer shall be established. The species protection buffer will be defined by the
qualified biologist based on the species, nest type and tolerance to disturbance. Construction activity shall be
prohibited within the buffer zones until the young have fledged or the nest fails. Nests shall be monitored by
a qualified biologist once per week and a report submitted to the Butte County Department of Development
Services.
Plan Requirements: Perform protocol-level surveys for migratory birds protected by the California Department
Fish & Game Code and the Migratory Bird Treaty Act. This measure shall be recorded on an additional map
sheet to the Parcel Map.
Timing: Requirements of the condition shall be adhered to prior to and during construction activities planned
to occur during nesting seasons for CDFC and MBTA species (between February 1 and August 31).
Monitoring: The Butte County Department of Development Services and the Public Works Department shall
ensure that the note is recorded an additional map sheet of the Parcel Map. Department of Development
Services shall ensure the condition is met at the time of construction activities.
Mitigation Measure BIO-3
Place the following note to be recorded on an additional map page of the Parcel Map that states:
Prior to any development activity or the issuance of any permit or approval removing or encroaching upon
oak trees on the project site (this generally includes the canopy drip-line of trees within the area of ground
disturbance and trees subject to changes in hydrologic regime), the applicant/developer shall complete one
of the following measures to the satisfaction of the Director of Development Services or his/her designee:
A. An Oak Tree Evaluation Plan shall be prepared by a qualified professional having experience in
California Oak Woodlands and is either a certified arborist, qualified wildlife biologist or registered
professional forester shall be submitted for review and approval by the Director of Development
Services or his/her designee that includes the following:
1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as
defined by PRC §21083.4(a);
2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated.
It shall be mitigated by one or more of the following: replanting and maintaining oak trees,
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establishing conservation easements, contributing funds for off-site oak woodlands
conservation, and/or other mitigation measures developed by Butte County. Replanting oak
trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be
maintained for seven years after they are planted. If any of the replanted oak trees die or
become diseased, they shall be replaced and maintained for seven years after the new oak
trees are planted;
3) A replanting schedule and diagram for trees removed or encroached upon by permit activities
consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County
Ordinance, if any, shall be submitted to and approved by the Director of Development
Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate
by the Plan, considering future lot development, interference with foundations, fencing,
roadways, driveways, and utilities. Trees planted shall be protected from livestock and other
animals;
4) Oak Tree protection measures for trees to be retained within the project site shall be included
in construction specifications. Prior to construction or surface disturbance, a protective fence
or brightly colored staked boundary shall be placed 5 feet beyond the established critical
rooting zone (CRZ) of the oak or group of oaks being protected. A warning sign shall be
prominently displayed on each fence. The sign should be a minimum of 16 x 24 inches, brightly
colored and be visible, even from vehicles. The sign must indicate that the CRZ is a restricted
area. Orange safety triangles may suffice if other signage cannot be constructed. A high
visibility plastic mesh fence is recommended to maximize the visibility of protected tree areas.
Wire with bright-colored flags placed at equal intervals can also be a suitable barrier so long
as it maintains high visibility. Protective fencing shall remain in place until final inspection by
the qualified professional. No vegetation removal, soil disturbance, or other development
activities shall occur within the tree zone to protect root systems and minimize compaction
of the soil, unless authorized by Oak Tree Mitigation Plan; and
5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed
to and approved by the Director of Development Services or his/her designee; or
B. Provide proof of compliance with the adopted Butte County Oak Woodland Mitigation Ordinance
currently under preparation; or
C. Provide proof of compliance with all required avoidance and minimization measures, and payment of
all applicable fees to mitigate for blue oak woodland impacts as provided in the Butte Regional
Conservation Plan, as adopted by Butte County.
Plan Requirements: No vegetation removal, grading, road construction, or other earthwork resulting in the
removal or encroachment upon oak trees on the project site shall be permitted until the mitigation measure
is satisfied by the applicant/developer completing one of the specified measures to the satisfaction of the
Director of Development Services or his/her designee.
Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of
any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels.
Monitoring: The Butte County Department of Development Services and Department of Public Works shall
ensure that the note is placed on a separate document which is to be recorded concurrently with the map or
on an additional map sheet. At the time of septic, well, or building permit application, the Development Services
Department will reference this requirement on any grading, building, septic, or well permit site plans and verify
that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services
or his/her designee. Butte County building inspectors shall ensure compliance on-site.
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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?
Environmental Setting
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. The
project site is located in the lower foothills and does contain physical characteristics where cultural resources would be
likely to be encountered.
Discussion
a) Cause a substantial adverse change in the significance of a historical resource pursuant
to Section 15064.5?
Less than significant impact with mitigation incorporated. Native American populations used the local region
for seasonal and/or permanent settlement, as well as for the gathering of plants, roots, seeds, and seasonal
game. Historically, Euro-Americans utilized the region for mining farming, and cattle ranching. With historic
use of the project area by prehistoric and historic populations, unanticipated and accidental archaeological
discoveries may be encountered during ground-disturbing activities, resulting in potentially significant impacts.
To avoid potential impacts to undiscovered prehistoric resources, historic resources, and human remains that
may be uncovered during development activities on the project site, Mitigation Measure CUL-1, below, is
recommended.
b) Cause a substantial adverse change in the significance of an archaeological resource
pursuant to Section 15064.5?
Less than significant impact with mitigation incorporated. The possibility exists that buried archaeological
resources that may meet the criteria of a unique archaeological resource is present on the project site. If any
buried resources are encountered and damaged during project implementation, the destruction of the
archaeological resources would be a potentially significant impact. Implementation of Mitigation Measure CUL-
1 would reduce this impact to a less-than-significant level.
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c) Disturb any human remains, including those interred outside of formal cemeteries?
Less than significant impact with mitigation incorporated. 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 in the event that human remains are inadvertently discovered during project
implementation.
The Butte County Conservation Element has established two policies that address the inadvertent discovery of
human remains. COS-P16.3 requires human remains discovered during construction to be treated with dignity
and respect and to fully comply with the federal Native American Graves Protection and Repatriation Act and
other appropriate laws. COS-P16.4 requires work to stop if human remains are found during construction until
the County Coroner has been contacted, and, if the human remains are determined to be of Native American
origin, the North American Heritage Commission and most likely descendant have been consulted.
Implementation of the Mitigation Measure CUL-1 would ensure that all construction activities that inadvertently
discover human remains implements state required consultation methods to determine the disposition and
historical significance of any discovered human remains. Mitigation Measure CUL-1 would reduce this impact
to a less than significant level.
Mitigation Measures
Mitigation Measure CUL-1
If grading activities reveal the presence of prehistoric or historic cultural resources (i.e., artifact concentrations, including
arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human skeletal remains) work
within 50 feet of the find shall immediately cease until a qualified professional archaeologist can be consulted to
evaluate the find and implement appropriate mitigation procedures. If human skeletal remains are encountered, State
law requires immediate notification of the County Coroner (530.538.7404). If the County Coroner determines that the
remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified
immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such
remains. The provisions of this mitigation shall be followed during construction of all subdivision improvements,
including land clearing, road construction, utility installation, and building site development.
Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the
map or on an additional map sheet and shall be shown on all site development and building plans.
Timing: This measure shall be implemented during all site preparation and construction activities.
Monitoring: The Department of Development Services and/or Public Works Department shall ensure the note is placed
on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Should
cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The
Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources
and determine appropriate action. State law requires the reporting of any human remains.
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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 in two ways: (1)
construction activities would consume energy through the operation of heavy off-road equipment, trucks, and
worker traffic, and (2) future residential uses and agricultural activities would cause long-term energy
consumption from electricity and propane gas consumption, energy used for water conveyance, and vehicle
operations to and from the project site.
Construction energy consumption would largely occur from fuel consumption by heavy equipment during
grading activities associated with road and building site clearance; trucks transporting construction materials
to the site during parcel development; and, worker trips to and from the job site. Energy consumption during
construction related activities would vary substantially depending on the level of activities, length of the
construction period, specific construction operations, types of equipment, and the number of personnel.
Despite this variability in the construction activities, the overall scope of the anticipated construction at the
project site is relatively minor, and therefore, would not require a substantial amount of fuel to complete
construction. Additionally, increasingly stringent state and federal regulations on engine efficiency combined
with local, state, and federal regulations limiting engine idling times and recycling of construction debris, would
further reduce the amount of transportation fuel demand during project construction. Considering the minimal
amount of construction activities associated with the project, the proposed project would not result in the
wasteful and inefficient use of energy resources during construction and impacts would be less than significant.
Long-term energy consumption would occur after residential build-out of the resultant parcels, or by
agricultural activities presently allowed on the project site. Residential uses 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 within the home. The project would also generate
additional vehicle trips by residents commuting to and from work or to access services, 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.
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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 includes energy conservation measures to meet and exceed
the regulatory requirements, including reducing idling time of heavy equipment during construction activities
(see Mitigation Measure AIR-1 and GHG-1) and the addition of exterior outlets in residential buildings for
recharging electric cars and other household equipment. Additionally, future residential uses on the resultant
parcels would also be in compliance with the most recent Title 24 and CalGreen building code standards at
the time of project construction. Therefore, the proposed project would implement energy reduction design
features and comply with the most recent energy building standards and would not result in wasteful or
inefficient use of nonrenewable energy sources.
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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?
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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. There are no known active faults 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 regions 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. Future residential
development on the resultant parcels would be subject to the California Building Code (CBC). The CBC
would provide minimum standards to safeguard life or limb, health, property and public welfare by
regulating the design, construction, quality of materials, use and occupancy, location, and
maintenance of buildings and structures within Butte County. Adherence to the CBC during building
construction would ensure that potential impacts are less than significant.
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. The California Building
Code (CBC) regulates the construction of structures, which may be constructed with approval of the
proposed project. Adherence to CBC standards at the time of development of the resultant parcels
would ensure that new structures are adequately sited and engineered to reduce impacts related to
seismic ground failure, including liquefaction (generally low potential), are less than significant.
iv) Landslides?
Less than significant impact. The project area has slopes ranging from 5 to over 30%. According to
Figure HS-6, Landside Potential, of Butte County General Plan 2030, the project site has a moderate
potential of landslides. Though the potential for landslides is moderate, shallow slope failures can
occur in virtually any sloping terrain during construction activities. Avoidance of potentially sensitive
slopes and/or implementation of appropriate engineering and construction measures at the time of
development would avoid or reduce potential impacts of landslides to a less than significant level.
b) Result in substantial soil erosion or the loss of topsoil?
Less than significant impact. According to Figure HS-7, Erosion Hazard Potential, of Butte County General Plan
2030, the project site has a moderate to severe potential of soil erosion. Surface soil erosion and loss of topsoil
has the potential to occur in any area of the county from disturbances associated with the construction-related
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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.
During construction-related activities, specific erosion control and surface water protection methods for each
construction activity would be implemented on the project site. The type and number of measures
implemented would be based upon location-specific attributes (i.e., slope, soil type, weather conditions). These
control and protection measures, or BMPs, are standard in the construction industry and are commonly used
to minimize soil erosion and water quality degradation.
Additionally, future construction activities may be subject to the National Pollutant Discharge Elimination
System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is
disturbed. Construction activities that result in a land disturbance of less than one acre, but which are part of
a larger common plan of development, also require a permit. This program requires implementation of erosion
control measures during and immediately after construction that are designed to avoid significant erosion
during the construction period. In addition, the project operation would be subject to State Water Resources
Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention
Plan (SWPPP) to control pollution in stormwater runoff from the project site, including excessive erosion and
sedimentation. The SWPPP, if required, must be obtained prior to any soil disturbance activities.
Implementation of standard erosion control BMP’s during future construction-related activities, together with
adherence to State requirements regarding grading activities, would ensure that potential erosion impacts are
less than significant.
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?
Less than significant impact. According to Butte County General Plan 2030, the project site is located in an
area prone to low to moderate for landslides, subsidence or liquefaction. However, destabilization of natural
or constructed slopes could occur as a result of future construction activities. Excavations, grading, and fill
operations associated with parcel development could alter existing slope profiles making them unstable as a
result of over-excavation of slope material, steepening of the slope, or increased loading. Standard engineering
design features and construction procedures would be implemented to maintain stable slopes and excavations
during construction, reducing impacts of unstable slopes to a less than significant level.
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?
Less than significant impact. According to Figure HS-8, Expansive Soil Potential, of Butte County General Plan
2030, the project site is located in an area with a moderate expansive soils. Expansive soils can cause structural
damage particularly when concrete structures are in direct contact with the soils. Appropriate design features
to address expansive soils may include excavation of potentially problematic soils during construction and
replacement with engineered backfill, ground-treatment processes, direction of surface water and drainage
away from foundation soils, and the use of deep foundations such as piers or piles. Implementation of these
standard engineering methods and adherence to California Building Code (CBC) standards at the time of
development of the resultant parcels would ensure that any impacts associated with expansive soils would
remain less than significant.
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. Wastewater disposal on the project site would be handled by new, individual, on-
site septic systems. General Plan 2030 includes a number of policies in the Water Resources Element and the
Public Facilities Services Element both to address existing septic systems in areas with poor soils and to ensure
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the safety of future septic systems. To ensure the safety of new septic systems, Policy PUB-P13.2 requires new
development to demonstrate the availability of a safe, sanitary, and environmentally sound wastewater system.
Similarly, Policy PUB-P13.3 requires applicants of projects that will rely on on-site wastewater systems to
provide detailed plans demonstrating that the system will be adequate to serve the project (Butte County
General Plan 2030 EIR).
The applicant completed a pre-application review with Butte County Department of Environmental Health, in
accordance with Chapter 19 of Butte County Code (On-Site Wastewater Systems). The review by Butte County
Environmental Health included soil evaluations in areas not exceeding 30% slope and in areas most likely to
be developed for wastewater systems.
As part of the review, an initial septic area on the resultant parcels were evaluated and determined to have
adequate soil conditions to allow for future development of an on-site wastewater system. Future development
requiring wastewater disposal is required to receive an On-Site Wastewater System Construction Permit from
Environmental Health. 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?
Less than significant impact. The project is classified as a Pleistocene-age Riverbank Formation that overlies
the Red Bluff formation. The Riverbank Formation consists of weathered gravel, sand, and silt that were
deposited between 0.13 and 0.45 million years ago. The thickness of the Riverbank Formation ranges from less
than 1 foot to more than 200 feet. The Riverbank Formation is composed of a lower and upper terraces, which
were formed by stream carry eroded materials from the surrounding mountain ranges to the base of the
foothills, where they were deposited in wide alluvial fans and terrace deposits. The lower terrace consists of
red semi-consolidated gravel, sand and silt. The upper terrace consists of unconsolidated but compact, dark-
brown to red alluvium containing gravel, sand, silt, and with minor clay. Groundwater generally occurs under
unconfined conditions (Geology of the Northern California Sacramento Valley, 2014).
Sediments associated with the Riverbank Formation are typically devoid of significant vertebrate fossils, and
no previously recorded fossil sites has been identified on the project site or the surrounding area. Therefore,
it is not likely that unique paleontological resources would be found in local sediments. Further, the discovery
of fossils, and the subsequent opportunity for data collection and study, is a rare event that could occur from
construction grading activities associated with development. As a result, the probability of encountering fossils
on the project site is low, and would have a less than significant impact on previously unknown paleontological
resources.
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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 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 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. The project is a minor subdivision that would contribute greenhouse gas
emissions during parcel development, and by the subsequent uses on the resultant parcels. Construction-
related emissions during parcel development may be generated from construction equipment exhaust,
construction employee vehicle trips to and from the work site, architectural coatings and asphalt paving. The
project’s construction GHG emissions would occur over a short duration and would consist primarily of
emissions from equipment exhaust. The long-term regional emissions associated with the project would
primarily occur from the creation of new vehicular trips and indirect source emissions, such as electricity usage
for lighting.
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The proposed project would be required to implement Mitigation Measure GHG-1, which reduces project
emissions of heavy-duty diesel-powered equipment during construction and long-term GHG emissions
associated with future uses on the resultant parcels. Implementation of this measure would minimize project-
related GHG emissions to the extent feasible, consistent with AB 32 GHG reduction goals, and would therefore
result in a less than significant impact.
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
No Impact. The project is subject to compliance with AB 32 greenhouse gas emission reduction goals, which
are to reduce statewide GHG emissions to 1990 levels by 2020. Additionally, development on the resultant
parcels would be subject to Title 24, California Building Code, which includes CalGreen standards. These
standards include mandatory measures that addresses planning and design, energy efficiency, water
efficiency/conservation, material conservation and resource efficiency, and environmental quality.
Implementation of Mitigation Measure GHG-1 would mitigated project-generated GHG emissions through
programmatic-level measures established through the Butte County CAP. The project’s compliance with the
applicable policies and measures in the CAP would in turn meet the statewide GHG emission reduction goals.
Mitigation Measures
Mitigation Measure GHG-1
The project proponent shall implement the following measures during construction-related activities and at the time
of development to offset the anticipated contribution of greenhouse gas emissions:
• Prewire all new residential development to support photovoltaic system installation.
• Install electrical vehicle outlets on external walls or in garages in all new residential development.
• Minimize equipment idling time during construction activities either by shutting equipment off when not in
use or reducing the time of idling to no more than 3 minutes.
• Use clean or alternative fuel equipment during construction-related activities to improve fuel efficiency.
Plan Requirements: The measure shall be placed on an additional map sheet which is to be recorded with the Parcel
Map. This note shall also be placed on all building and site development plans.
Timing: Shall be implemented prior to issuance of building permits for residential development. Construction-related
measures shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure
that the measure is placed on a separate document which is to be recorded concurrently with the map or on an
additional map sheet. Planning Division will ensure that future residential development includes the applicable
measures during Building Permit review. Building inspectors shall spot check and shall ensure compliance on-site.
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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. Limited quantities of miscellaneous hazardous substances, such as gasoline, diesel
fuel, hydraulic fluid, solvents, oils, etc. would be used to maintain vehicles and motorized equipment during
construction-related activities. Accidental spill of any of these substances could impact water and/or
groundwater quality. Depending on the relative hazard of the material, if a spill were to occur of significant
quantity, the accidental release could pose a hazard to construction workers, the public, as well as the
environment. Construction personal who are experienced in containing accidental releases of hazardous
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materials will be present to contain and treat affected areas in the event a spill occurs. If a larger spill were to
occur, construction personal would generally be on-hand to contact the appropriate agencies.
It is not anticipated that large quantities of hazardous materials would be permanently stored or used within
the project site. However, if large quantities are stored at the project site, the owner would be required to
obtain a Hazardous Materials Business Plan. It is more likely that only small quantities of publicly-available
hazardous materials (e.g., paint, maintenance supplies) may be routinely used within the project site for
residential or agricultural 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. It’s not anticipated that construction or operation of future residential
development or agricultural uses would create a significant hazard to the environment or to the public due to
the accidental release of hazardous materials into the environment. Accidental release of hazardous materials
routinely used during construction activities are addressed in section a.), above.
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 elementary schools have been identified within one-quarter mile of the
project site. The Golden Feather Union School District does own a parcel on the west side of Pentz Road, just
outside one-quarter mile from the project site, but no school is currently operating at the 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 any sites on or adjacent to the
project site that have used, stored, disposed of, or released hazardous materials. The project does not involve
the use of hazardous materials and would not create any hazardous materials.
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 Skyway Airport, which is located approximately 3.65 miles to the northwest. The closest
commercial airport, Oroville Municipal Airport, is located approximately 11.1 miles to the south. The proposed
project is located outside the compatibility zones for the area airports, and therefore, would not result in hazards
or noise impacts to people residing on 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, construct, and maintain roadways in accordance with
applicable standards associated with vehicular access, resulting in the 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. Development of the resultant parcels would add a small
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amount of trips onto the area roadways; however, area roadways and intersections would continue to operate
at an acceptable level of service. Future construction activities would be limited to private roads adjacent to
the project site. 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?
Less than significant impact. The project site has been designated as a very high fire hazard by the State
Department of Forestry and Fire Protection. The project site is also within a designated State Responsibility
Area (SRA), which means that the State has fiscal responsibility for preventing and suppressing wildfires. Due
to the heightened risk of wildfire and increased potential for damage or loss in SRAs, development within these
areas must comply with special building requirements established in Chapter 7A of the California Building Code
and Chapter 47 of the California Fire Code. SRAs are also regulated by Public Resources Code 4290 and 4291,
which establish standards for access, signage, maintenance of defensible space and vegetation management.
These standards will be included as conditions of approval and implemented at the time of development of
future structures. Implementation these standards, as well as oversight by Butte County Fire/Cal Fire, would
ensure the proposed project would not expose people or structures to a significant risk or loss, injury or death
involving wildland fires.
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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?
Discussion
a) Violate any water quality standards or waste discharge requirements or otherwise
substantially degrade surface or groundwater quality?
Less than significant impact. Butte County General Plan 2030 identifies the soil conditions of the project site
has a moderate to high potential to erode. Site development and future build-out of the resultant parcels
would require grading, excavation and general site preparation activities, which could result in erosion of on-
site soils and sedimentation during storm or high wind events. Erosion of on-site soils may temporarily impact
surface water quality and water quality within nearby waterways. Downstream impacts from erosion may
include increased turbidity and suspended sediment concentrations in waterways. Eroded soils also contains
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nitrogen, phosphorous and other nutrients, that when deposited in water bodies, can trigger algal blooms that
reduce water clarity, deplete oxygen, and create odors.
During construction-related activities, specific erosion control and surface water protection methods for each
construction activity would be implemented on the project site by construction personnel. The type and
number of measures implemented would be based upon location-specific attributes (i.e., slope, soil type,
weather conditions). These control and protection measures, or BMPs, are standard in the construction industry
and are commonly used to minimize soil erosion and water quality degradation.
Future construction activities may be subject to the National Pollutant Discharge Elimination System (NPDES)
General Construction Activities Storm Water permit program if one acre or more of land is disturbed.
Construction activities that result in a land disturbance of less than one acre, but which are part of a larger
common plan of development, may also require a permit issued by the California Regional Water Quality
Control Board. This program requires implementation of erosion control measures during and immediately
after construction that are designed to avoid significant erosion during the construction period. Project
operations that are under a NPDES permit would also be subject to the preparation and implementation of a
Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site.
A condition of approval reflecting the requirement of the applicant to obtain a NPDES permit, prior to grading
activities, will be included with project approval.
b) Substantially decrease groundwater supplies or interfere substantially with
groundwater recharge such that the project may impede sustainable groundwater
management of the basin?
Less than significant impact. Domestic water to existing and planned uses on the resultant parcels would be
provided by groundwater extraction via individual wells. Section 12.0 of the Butte County Improvement
Standards outline the requirements of water supplies for proposed subdivisions and parcel maps. Proposed
subdivisions located outside an urban area and more than a 1,000 feet from an existing public water system,
or subdivisions consisting of four new lots or less, a domestic water for the proposed lots supply may be
supplied by individual wells. The quantity and quality of the groundwater for the proposed development is
reviewed by the Butte County Environmental Health Division by either a test well, a review of existing wells in
the area, or a statement from a licensed well driller together with a report by an engineering geologist or
hydrologist verifying that minimum well production for domestic purposes are achieved.
General Plan 2030 and the associated Environmental Impact Report included several actions and policies to
address groundwater supplies and sustain groundwater resources. Butte County also has adopted the Butte
County Integrated Water Resources Plan and Butte County Groundwater Management Plan, and has
performed an analysis of long-term water usage and supplies with the 2001 Butte County Water Inventory and
Analysis. The findings contained in these reports, together with the application of these existing policies and
plans, led Butte County to conclude that the growth anticipated with General Plan 2030 would have a less than
significant impact to groundwater supplies.
The proposed project would have a minimal net increase in impervious surfaces added to the project site from
the development of new residences or other structures such as from concrete foundations. The projected
increase would not cause a minimal reduction in surface infiltration or a decrease in deep percolation to the
underlying aquifers because density of the development would continue to provide open areas to allow for
runoff infiltration.
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:
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i) Result in substantial on- or offsite erosion or siltation;
Less than significant impact. Minimal vegetation removal and soil disturbance would occur during
clearing of building sites and for the access road (less than one acre). During construction-related
activities, specific erosion control and surface water protection methods for each construction activity
would be implemented on the project site by construction personnel. The type and number of
measures implemented would be based upon location-specific attributes (i.e., slope, soil type, weather
conditions). These control and protection measures, or BMPs, are standard in the construction industry
and are commonly used to minimize soil erosion and water quality degradation. Application of BMPs
administrated through the construction process would minimize the potential increase of surface
runoff from erosion.
ii) Substantially increase the rate or amount of surface runoff in a manner which
would result in flooding on- or offsite;
Less than significant impact. The minor increase in impervious surface area from build-out of the
resultant parcels are not anticipated to be enough to alter existing drainage patterns or cause offsite
flooding. While an increase in stormwater runoff may be expected due to the reduced absorption rate
created from new impervious surfaces added to the site, such as from structures, driveways, and
hardscape (walkways, patios), future development would be reviewed by the Butte County Public
Works Department to ensure any potential drainage concerns are addressed, and to ensure no net
increase in stormwater runoff leaves the project site.
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
consists of a system of roadside ditches and culverts that capture surface runoff, which ultimately
infiltrate into the underground aquifer or conveyed to area waterways.
General Plan 2030 Water Resource Element contains a number of 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 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
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 generate a minor increase in runoff from the future development of the
resultant parcels. Improvements are relatively small and conveyed through a system of existing
roadside ditches and culverts to area waterways.
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 X (shaded) zone. The X (shaded) zone is defined by FEMA as areas between
the limits of the 100-year base flood and the 0.2-percent-annual-chance (or 500-year) flood. Future
site improvements would be reviewed by Butte County Public Works to ensure that surface flows
would be adequately directed to planned and existing stormwater drainage facilities.
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d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project
inundation?
No impact. The floodplain mapping of the project area identifies the project site being located within the X
(shaded) zone. The X (shaded) zone is defined by FEMA as areas between the limits of the 100-year base flood
and the 0.2-percent-annual-chance (or 500-year) flood. The project site is not located in an area that would
be impacted by a seiche, tsunami, or mudflows.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable
groundwater management plan?
No impact. The project site is located within the Vina subbasin of the Sacramento Valley groundwater basin
bounded on the north at the Tehama County line, to the west by the Sacramento River, to the south at the
border of Western Canal Water District, and to the east by the edge of the alluvial basin as defined by Bulletin
118. The Groundwater Sustainability Agencies in the Vina subbasin include Butte County, the City of Chico,
Durham Irrigation District and Rock Creek Reclamation District. Butte County, The City of Chico and Durham
Irrigation District are in the process of entering into a Joint Powers Agreement in order to create a Groundwater
Sustainability Agency in order to implement the requirements of the Sustainable Groundwater Management
Act including adoption of a basin management plan. As a basin management plan has not been adopted for
the Vina subbasin, the proposed project will not conflict, nor interfere with, the attainment of the goals of the
proposed plan.
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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 community’s 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 proposed project site is as
follows:
Agriculture
This designation allows the cultivation, harvest, storage, processing, sale, and distribution of all plant crops,
especially annual food crops, as well as roadside stands for the sale of agricultural products grown or processed
on the property. The Agriculture designation also allows livestock grazing, animal husbandry, intense animal
uses, and animal matter processing. Alternative energy facilities are allowed in the Agriculture designation,
subject to permit requirements. Residential uses in the Agriculture land use designation are limited to one
single-family dwelling and a second dwelling unit per legal parcel. Farm labor housing is also permitted with a
conditional use permit. The minimum parcel size is between 20 to 160 acres, although existing parcels smaller
than the minimum may remain as legal parcels.
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 of the proposed project site and the intended uses of the site are as
follows:
Agriculture (AG)
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 sizes in the AG zone ranges from twenty
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(20) acres to one hundred sixty (160) acres. The minimum parcel size for the subject parcels are forty (40) and
160 acres.
Discussion
a) Physically divide an established community?
No impact. The project area is located in rural Butte County and surrounded by primarily undeveloped parcels,
some residential development and seasonal grazing on parcel sizes that range from 5 acres to 530 acres. No
communities are present either within the project area or in the immediate vicinity; therefore, the project would
not 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?
Less than significant impact. The proposed project including future uses on the resultant parcels are consistent
with density and uses permitted under the General Plan land use and zoning designations for the project site
and, as detailed throughout this Initial Study, the General Plan’s applicable goals, policies and actions. In
addition, all impacts to the environment resulting from the proposed project are subject to applicable
mitigation and local, State and/or federal regulations, which would reduce those impacts to less than significant
levels. Therefore, impacts related to conflict with any applicable land use plan, policy, or regulation of an agency
with jurisdiction over the project (including, but not limited to General Plan 2030 or County ordinances)
adopted for the purpose of avoiding or mitigating an environmental effect are less than significant.
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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?
Less than significant impact. There are no known economically viable sources of rock materials in the
immediate vicinity of 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. However, future development on the resultant parcels would use
mineral resources in the construction of structures and access roads. The amount of resources used for
development on the resultant parcels are minor and would not result in the loss of its availability.
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.
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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
The project site is located in the upper valley/lower foothills rural part of the County. The nearest noise sources to the
project site are State Highways 70 and 191 (Clark Road) and Union Pacific Railroad (UPRR). State Highway 70 is located
along the western edge of the project site and State Highway 70 is located approximately 1,200 feet from the southern
edge of the project site. Union Pacific Railroad runs adjacent to and across APN 041-030-153, which would be proposed
parcel 2. Part of the track is underground across the project site.
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 - -
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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.
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
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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:
(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
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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 significant existing noise generating sources have been identified in the
project area. Noise levels contributed by the proposed project would include construction noise during future
build-out of the resultant parcels, occupancy of the single-family residences, and from agricultural-related
activities allowed in the zone. Construction noises associated with development of the resultant parcel would
primarily be from the use of heavy equipment, generators, employee vehicle trips and power tools.
Construction-related noises would be temporary and intermittent, and would not result in long-term noise
impacts. Compliance with Butte County Code provisions that exempt construction noise would ensure
construction activities occur during daytime hours, making potential impacts less than significant.
Typical noises contributed by residential and agricultural uses include landscaping equipment, automobile
traffic, power tools, domestic animals, farm machinery, heating and cooling systems. The noises generated by
these activities are not atypical or unusual for residential and agricultural-zoned properties in the project area.
These noises also would be intermittent and separated from noise sensitive receptors, and would unlikely
exceed County standards. In the event noise levels exceed applicable noise standards, the County will review
complaints in accordance with Butte County Code Chapter 41A.
The nearest existing noise sources to the project site are State Highways 70 and 191 (Clark Road) and Union
Pacific Railroad. State Highway 70 is located along the western edge of the project site and State Highway 70
is located approximately 1,200 feet from the southern edge of the project site. Union Pacific Railroad (UPRR)
runs adjacent to and across APN 041-030-153, which would be proposed parcel 2. Part of the track is
underground across the project site. According to the Butte County General Plan Appendix C, Noise Contour
Map For 2030 Conditions, the UPRR generates noise levels of 60 to 70 Ldn along the tracks. Based on the
parcel sizes, there is buildable area well outside the 60 Ldn area. Due to the distance, and the proposed parcels
sizes, noise impacts from State Highways 70 and 191 would be less than significant.
b) Generation of excessive groundborne vibration or groundborne noise levels?
Less than significant impact. The proposed project may involve temporary sources of groundborne vibration
and groundborne noise from the operation of heavy equipment during build-out of the proposed project and
resultant parcels. The type of heavy equipment typically used during residential construction would only
generate localized groundborne vibration and groundborne noise that could be perceptible at residences or
other sensitive uses in the immediate vicinity of the construction site. However, since the duration of impact
would be infrequent and would occur during less sensitive daytime hours (i.e., between 7:00 a.m. and 7:00
p.m.), the impact from construction-related groundborne vibration and groundborne noise would be less than
significant.
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 have been identified to be located within two miles of the project site. The
closest public use airport is Skyway Airport, which is located approximately 3.65 miles to the northwest. The closest
commercial airport, Oroville Municipal Airport, is located approximately 11.1 miles to the south. The proposed
project is located outside the compatibility zones for the area airports, and therefore, would not result in hazards
or noise impacts to people residing on the project site.
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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?
Setting
The population for Butte County was estimated to be 229,294 in 2017, 225,411 in 2015, approximately 220,024 in 2010
and 203,446 in 2000, resulting in a total population growth of 25,848 during this 17-year period (US Census). The annual
average population growth rate in the county during the 2000-2017 time period was approximately 0.65 percent. The
total housing units in Butte County was approximately 98,119 as of 2017.
The proposed project would result in the creation of three parcels that could potentially be developed with a single-
family residence, accessory structures and potential second dwelling units. According to the United States Census
Bureau, the average household size of an owner-occupied housing unit for Butte County is 2.43. Based on the average
household size within the county, and the potential number of housing units that could be constructed on the parcel,
the proposed project could add 7 to 15 new residents to the local population.
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)?
Less than significant impact. Subdividing of the project site would facilitate the potential addition of single-
family residential units, which would directly result in growth in available housing and, if occupied, to the local
population. However, housing and population growth with this project would not be significant due to the
limited amount, and would not indirectly induce growth by creating new opportunities for local industry or
commerce. Construction activities associated with development of the residential units would not result in any
direct or indirect growth-inducing impacts to the county because construction activities would be temporary,
and construction workers would likely be drawn from the local work force. Growth in the project area resulting
from the project is planned, and is consistent with the applicable planning policies and zoning ordinance.
b) Displace substantial numbers of existing people or housing, necessitating the
construction of replacement housing elsewhere?
No impact. The project site is currently is undeveloped. The proposed project would not require the existing
unit to be removed or relocated from the project site.
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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?
Setting
The General Plan reflects Butte County’s commitment to provide needed public services, infrastructure and facilities that
are accessible to and benefit all county residents. Applicants pay adopted fee(s) at the time of building permit to pay a
proportionate share of fire, police, school, parks, and other governmental services.
Fire Protection
The Butte County Fire Department (BCFD) and the California Department of Forestry and Fire Protection (CALFIRE) provide
fire and emergency services to the entire unincorporated county population, protecting over 1,600 square miles, with the
exceptions of the Cities of Chico and Oroville, the Town of Paradise and the El Medio Fire Protection District. Services
include the following; fire control for structural, vegetation, vehicular and other unwanted fires, emergency medical services
and rescue response, hazardous materials response, flood control assistance, public safety education, vegetation
management, and fire law enforcement/arson investigation.
Sheriff Services
The Butte County Sheriff’s Office is responsible for law enforcement, criminal investigation, and crime prevention in the
unincorporated areas of Butte County.
Schools/Public Education
The County Office of Education, Butte Community College, California State University, Chico and local school districts
provide public education in Butte County. The local school districts provide elementary and secondary education to the
municipalities and unincorporated areas of the county, while the Office of Education offers special education programs and
other related services to the individual districts within the county. Butte Community College is a two-year junior college and
California State University, Chico is a four-year university. School districts can be found on Figure PUB-1 of the General Plan.
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Parks
A wide variety of recreational facilities are found in Butte County, offering a variety of recreational opportunities to
residents and visitors. Federal, State, and local recreation lands are depicted in Figure PUB-2 of the General Plan.
Solid Waste
The Butte County Public Works Department assumed the daily operational responsibility of the Neal Road Landfill Facility
in 2003. The Neal Road Landfill is permitted to accept municipal solid waste, inert industrial waste, demolition materials,
and special wastes containing non-friable asbestos and septage. Current projections suggest the landfill has the operational
capacity to last through 2034.
The Solid Waste Management Facility Overlay, which is described in the Land Use Element of the General Plan, is
applied to the Neal Road Facility and its surrounding area. This Overlay permits uses that are accessory and/or related
to solid waste and/or septage disposal, as well as uses that are compatible with landfill operations. Waste diversion
programs, such as recycling, reuse and composting, are designed to reduce the environmental impacts and improve
the economic efficiency of waste management operations. Recycling, an essential practice for diverting solid waste
from landfills, is a fundamental part of the Butte County integrated waste management plan. Existing recycling activities
and programs are overseen and operated by the County at the Neal Road Facility and by the private sector at other
locations.
General Governmental Services
Butte County provides a wide variety of mandated services to resident of both incorporated and unincorporated areas with
the county. Services include behavioral health services, public health services, supportive services, social services, veterans’
services, among many more.
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. Build-out
of the resultant parcels may incrementally increase the demand for fire protection services. However, the population
growth expected with this project is consistent with the planned growth documented in Butte County General Plan
2030. Additionally, Butte County Code requires the payment of fire protection impact fees to help offset the impacts
that new residential development has on the fire protection services. Such fees would be used to fund capital costs
associated with acquiring land for new fire stations, constructing new fire stations, purchasing fire equipment, and
providing for additional staff as needed. Fire protection impact fees would be paid at the time of building permit
issuance for a new dwelling unit.
Police protection?
Less than significant impact. The Butte County Sheriff’s Office provides law enforcement service to the site.
Implementation of the proposed project could increase service calls if additional residential structures are built.
Increased development in rural areas impacts the ability of the Sheriff's Department to adequately provide services to
outlying areas. It is anticipated that project implementation would not require any new law enforcement facilities or the
alteration of existing facilities to maintain acceptable performance objectives. The project’s increase in demand for law
enforcement services would be partially offset through project-related impact fees.
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Schools?
Less than significant impact. The project site is located within the Oroville Union High School District. Residential
development at the site would result in an incremental demand for school facilities in the area. A development impact
fee for school facilities will be assessed at the time of residential development on the resultant parcels. Impact fees
would partially offset any potential impact to area school facilities. While school districts maintain that these fees do
not fully mitigate the impacts of a project, the County is precluded from imposing additional fees or mitigation by State
legislation.
Parks?
Less than significant impact. The project site is located within Feather River Recreation & Park District (FPRD). Build-out
of the resultant parcels would result in an incremental increase in the use of existing local and regional park facilities.
Development impact fees will be assessed at the time of residential development which will offset potential impacts to
park facilities.
Other public facilities?
Less than significant impact. The project does not require the extension of any public infrastructure, such as roads,
water, or sewer systems. The project would result in added need for County services, such as law enforcement, fire
protection, libraries, and road maintenance. Butte County collects various types of development impact fees to partially
offset the cost and impacts associated with new residential units. These fees vary depending on the dwelling type, and
are collected at the time of development.
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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
A wide range of recreational facilities and recreational programs are found in Butte County, offering numerous
recreational opportunities to local residents and visitors. Federal, State and local recreation lands are displayed in
General Plan Figure PUB-2.
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?
Less than significant impact. The project site is located within the Feather River Recreation & Park District
(FPRD). FPRD collects impact fees for new residential development, based on square footage. The project’s
contribution of up to three new residential dwellings would cause a minor increase in the usage of parks and
other recreational facilities in the Oroville area. The collection of impact fees helps offset the increase in usage
of parks and other recreational facilities caused by the project. The project does not include any recreational
facilities nor would the project require the construction or expansion of recreational facilities.
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.
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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?
Setting
Access to the project parcels is provided from Pentz Road and an existing road off of State Highway 70. The 523.86-
acre project site is undeveloped. No daily traffic is generated by the existing two parcels.
The Butte Regional Transit (B-Line) provides fixed-route bus and paratransit services to Chico, Oroville, Gridley, Biggs,
and the unincorporated county. The B-Line intercity buses connect Chico, Oroville, Paradise, Gridley and Biggs, as well
as the two Tribal Rancherias and casinos. Additional services that are open to the general public include Glenn Ride,
which provides transportation from Chico to Glenn County, Plumas Transit, which provides weekly service between
Chico and Quincy, and Greyhound and Amtrak bus lines that provide scheduled service to the Butte County area (Butte
County Circulation Element, 2010).
Bicycle and Pedestrian Transportation
Bicycle facilities include bike paths (Class I), bike lanes (Class II), and bike routes (Class III). Bike paths are paved trails
that are separated from the roadway. Bike lanes are lanes on roadways that are designated for use by bicycles by
striping, pavement legends, and signs. Bike routes are roadways that are designated for bicycle use with signs or
pavement legends, but do not have additional width for bicycle lanes.
Pedestrian facilities include sidewalks, crosswalks, pedestrian signals, and paved shoulders adjacent to rural roads.
Within the vicinity of the project site area, there are no designated pedestrian facilities, including paved shoulders of
sufficient width that would be affected by the proposed project.
Airport
Air transportation in Butte County is served by a number of private and public airfields and heliports serving general
aviation and agricultural users. There are four major aviation facilities in Butte County that serve the general public.
Rail Service
The Union Pacific Railroad line runs the entire length of the states of California, Oregon and Washington, and includes
numerous other western states.
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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 project site is located in a rural area with no existing transit, bicycle or
pedestrian facilities located on, or in the vicinity of, the project site. The proposed project has the potential to
introduce three (3) new single-family dwellings and accessory uses to the residences and potentially up to (3)
three accessory dwelling units that would generate minimal long-term changes in traffic volumes. Vehicle traffic
for a single-family residence is estimated to be approximately 9.52 vehicle trips per day (ITE, 1997). Because
the scope of the proposed project is relatively minor and would not result in construction of a substantial
amount of residential units, the increase in traffic levels would not create substantial impacts to operating
conditions of the area road network.
Construction activities associated with the construction of a future single-family residence has the potential to
generate short-term changes to traffic volumes on the area road network. Daily vehicle trips would be
generated with the arrival and departure of construction workers. Construction activities associated with a
single-family residence would be small-scale and of short-duration. As a result, the proposed project would
not cause long-term degradation in, or create substantial impacts to, the operating conditions or level of
service on any of the roadways in the project area.
b) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)?
Less than significant impact. Minimal road improvements are proposed with the project. Development of
proposed parcels requires the installation of road improvements to meet County and State minimum safety
standards for access roads and driveways. Future road and encroachment improvements would be reviewed by
the Butte County Public Works Department and Butte County Fire Protection Department/California Department
of Forestry and Fire Protection to ensure that any potential safety concerns are addressed.
c) Result in inadequate emergency access?
Less than significant impact. The project site is located in a State Responsibility Area (SRA). SRAs are regulated
by Public Resources Code 4290 and 4291 (California Fire Safe Regulations), which establish standards for access
roads and signage. These standards will be included as conditions of approval and implemented at the time
of development of future structures. Implementation these standards, as well as oversight by Butte County
Fire/Cal Fire, would ensure that the resultant parcels has adequate emergency access.
Future residential development on the resultant parcels would have minor long-term impact on demand for
alternative transportation facilities due to the limited population growth to the project area. Construction
activities associated with future residential and access road development may generate short-term disruption
to area roadways from an anticipated increase in traffic levels. However, construction activities associated with
the proposed project would be temporary, and in compliance with a Butte County Encroachment Permit, which
would require traffic control implementation, if needed.
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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.
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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)?
Less than significant impact with mitigation incorporated. Per AB 52 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 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.
Implementation of Mitigation Measure CUL-1, discussed in Section 1.5 – Cultural Resources, would avoid
potential impacts to undiscovered prehistoric resources, historic resources, and human remains that may be
uncovered during development activities.
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?
Less than significant impact with mitigation incorporated. See response in a) above.
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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).
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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?
Less than significant impact. Wastewater disposal for the proposed project would be provided by private, on-site
septic systems. The Butte County Environmental Health Division has performed a preliminary review of the
proposed project, and has indicated that future placement of an on-site septic system for the proposed parcel
would be possible. In summary, the soil profile holes indicated soil class to be Loam, Clay Loam, and Silt Loam
with a 0.4 gallons per day application rate and no signs of ground water present. Rancho Engim3ering
proposes a standard gravity system in the top 12" of soil with a 1ft soil cap. Using the combination of soils
classification along with the designer's suggestion, it is agreed with the Rancho Engineering findings that, per
BCC Chapter 19-10 C a standard gravity system can be installed on all 3 parcels. A new on-site wastewater
system will require a permit issued by BCEH, but will not require further site evaluation if the proposed design
is proposed in the areas which were profiled in this study. Therefore, the project would not have an impact on
any wastewater treatment facilities because septic systems would be utilized. The project site is currently served
by electric power (PG&E) and wireless phone service. 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 resultant parcels would be
provided by groundwater extraction via individual wells. Section 12.0 of the Butte County Improvement
Standards outline the requirements of water supplies for proposed subdivisions and parcel maps. Proposed
land divisions located outside an urban area and more than a 1,000 feet from an existing public water system,
may have its domestic water supplied by individual wells. The quantity and quality of the groundwater for the
proposed development is reviewed by the Butte County Environmental Health Division by either a test well, a
review of existing wells in the area, or a statement from a licensed well driller together with a report by an
engineering geologist or hydrologist verifying that minimum well production for domestic purposes are
achieved. Additionally, a well permit is required by the County to ensure well drilling standards are achieved
and health and safety standards are met. Well production from new wells would be tested to determine if
sufficient output it available for the anticipated uses to occur on the resultant parcels. Based on these reviews,
existing groundwater supplies are anticipated to be available to the 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 and the resultant parcels were determined to have adequate soil conditions to allow for
future development of an on-site wastewater system.
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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. Future development of the resultant parcels would result in a minor increase in
the stream of household waste being deposited in the Neal Road Recycling and Waste Facility. The California
Integrated Waste Management Board estimates that a typical residential household generates approximately
10 to 12 pounds of solid waste per day (4.9 pounds per person per day x average household size in Butte
County (2.44)). The Neal Road Facility has a maximum permitted throughput of 1,500 tons per day, and an
estimated current daily average throughout 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?
Less than significant impact. The proposed project would comply with statues 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 residents.
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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 been designated as a very high fire hazard by the State Department of Forestry and Fire Protection.
The project site is also within a designated State Responsibility Area (SRA), which means that the State has fiscal
responsibility for preventing and suppressing wildfires.
Discussion
a) Substantially impair an adopted emergency response plan or emergency evacuation
plan?
No impact. There would be no lane closures involved in the proposed project that would constrict emergency
access or interfere with an 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?
Less than significant impact. The project site is located in an area that is susceptible to wildland fires. However,
fires in the area have been extinguished quickly and contained to a relatively small area due to the conditions
of the area. No conditions or factors have been identified in the project area that would exacerbate wildfire
risks.
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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?
Less than significant impact. No new infrastructure is proposed with approval of the project. However, future
development of the resultant parcels may require the construction of roads, driveways, utilities, fire breaks,
water storage, and other life safety infrastructure, which are requirements established through a variety of
State and local regulations including California Public Resources Code 4290 and 4291. Though, the final design
of these improvements have not been determined, the location and scope of improvements would be reviewed
by local and State fire personnel prior to construction, through an entitlement action, and are not expected to
exacerbate fire risk in the area.
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?
Less than significant impact. The geologic conditions of the project site (see discussion Section 1.7.f – Geology
and Soils) identifies the site has having a moderate to severe potential for erosion and a moderate level for
landslides. Land disturbance for the project will be in the areas with less slope and therefore reduce the
potential for risks of flooding or landslides. Based on the proposed parcel sizes (161.51, 162.35 and 200.05), the
proposed project would not create significant impacts to nearby development.
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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 with mitigation incorporated. 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
development areas. The development of the proposed 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
because potential impacts to special-status species habitat would be mitigated to less than significant levels
with the implementation of Mitigation Measure BIO-1 through BIO-3.
Development of the proposed project would not affect known historic, archaeological, or paleontological
resources. There are no known unique ethnic or cultural values associated with the project site, nor are known
religious or sacred uses associated with the project site. Mitigation Measure CUL-1 has been identified to
confirm the presence or absence of subsurface cultural resources on the project site. Additionally, the project
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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. Adherence to Mitigation Measures CUL-1, as well as
regulations governing human remains, would reduce potential impacts to cultural and paleontological
resources to less than significant with implementation of mitigation.
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 with mitigation incorporated. 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 to 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. Short-term construction-related air quality impacts that would result from construction of the
site improvements and build-out of the resultant parcels will be reduced to less than significant levels with
implementation of Mitigation Measure AIR-1. Mitigation Measure GHG-1, identified in this Initial Study, would
reduce potential impacts from the generation of greenhouse gas emissions to less than significant levels.
The cumulative effects resulting from build out of the Butte County General Plan 2030 were previously
identified in the General Plan EIR. The type, scale, and location of the proposed project is consistent with
County’s General Plan and zoning designation and is compatible with the pattern of development on adjacent
properties. Because of this consistency, the potential cumulative environmental effects of the proposed project
would fall within the impacts identified in the County’s General Plan EIR. Build-out of the resultant parcels is
subject to required “fair share” development impact fees, which will be paid at the time of development.
c) Does the project have environmental effects that will cause substantial adverse effects
on human beings, either directly or indirectly?
Less than significant impact with mitigation incorporated. 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. However, the proposed project has the potential to cause both temporary and
future impacts to the area by project-related impacts relating to air, biological, greenhouse gas emissions and
cultural resources. With implementation of mitigation measures included in this Initial Study, these impacts
would be effectively mitigated to a less than significant level.
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.
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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. February 2019.
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. 2014.
14. California Department of Toxic Substance Control. 2009. Envirostor Database. Accessed on February 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.
16. California Department of Water Resources, Northern Region Office. Geology of the Northern Sacramento Valley,
California. September 2014.
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Mitigation Measures and Monitoring Requirements
Dave Anderson Tentative Parcel Map (TPM18-0001)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
Mitigation Measure AIR-1
The following best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third-party contractors during construction activities on the project site. These measures are intended to reduce criteria air pollutants that may originate from the site during the course of land clearing and other construction operations.
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than 10,000 Pounds
• All on- and off-road equipment shall not idle for more than five minutes. Signs shall be posted in the designated queuing areas and/or job sites to remind drivers and operators of the five-minute idling limit.
• Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited.
• All construction equipment shall be maintained in proper tune according to the manufacturer’s specifications. Equipment must be checked by a certified mechanic and determined to be running in proper condition before the start of work.
• Install diesel particulate filters or implement other CARB-verified diesel emission control strategies.
• Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 100 feet of a restricted areas.
• To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk hour emissions.
Operational TAC Emissions
• All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm).
• Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses near a construction site. Dust complaints could result in a violation of the District’s “Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following is a list of measures that may be required throughout the duration of the construction activities:
• Reduce the amount of the disturbed area where possible.
• Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. An adequate water supply source must be identified. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible.
• All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved alternative method will be used.
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Dave Anderson Tentative Parcel Map (TPM18-0001)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
• Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities.
• Exposed ground areas that will be reworked at dates greater than one month after initial grading should be sown with a fast-germinating non-invasive grass seed and watered until vegetation is established.
• All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the Butte County Air Quality Management District.
• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site.
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with local regulations.
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site.
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible.
• Post a sign in prominent location visible to the public with the telephone numbers of the contractor and the Butte County Air Quality Management District - (530) 332-9400 for any questions or concerns about dust from the project.
All fugitive dust mitigation measures required should be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend period when work may not be in progress. The name and telephone number of such persons shall be provided to the District prior to land use clearance for map recordation and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of California Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation.
Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints.
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Mitigation Measures and Monitoring Requirements
Dave Anderson Tentative Parcel Map (TPM18-0001)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
Mitigation Measure BIO-1
Pre-construction protocol-level surveys shall be conducted during the appropriate survey window for the following species: Butte County checkerbloom, Red Bluff dwarf rush, Colusa layia and Veiny monardella. If any sensitive species will be impacted, as determined by a qualified biologist, the project either will be redesigned to avoid the population(s) to the maximum extent practicable or the species will be mitigated by the purchase of credits at an agency approved mitigation bank or other mitigation. For those populations to be fully avoided, the following measures shall be implemented:
1. During the planning stages of the project, the known populations in the project area will be included in the engineering drawings and all construction activities will be conducted to avoid the populations. Complete avoidance will be achieved by establishing and maintaining a 100-foot buffer for plant species, and preventing any changes to on-site drainage patterns that could de-water or introduce water to known populations. However, a smaller buffer may be used if detailed topographic information shows that the local hydrology drains away from the plants in question.
2. Prior to the start of construction activities within the project area, exclusionary fencing shall be erected around the buffer zones of the populations that will be completely avoided. If necessary, a qualified botanist shall be present to assist with locating known populations. The exclusionary fencing shall be periodically inspected throughout each period of construction and be repaired as necessary. All pedestrian and vehicular entry into the completely avoided areas delineated by the fencing shall be prohibited during construction.
If complete avoidance of a population of the federally, state or CNPS ranked species is not feasible, then a species-specific determination will be made by CDFW for state only listed species and by CDFW and USFWS for jointly listed species and the County and CDFW for CNPS ranked species as to the appropriate mitigation measures to be employed. These measures will likely include habitat preservation at a ratio of 2:1 (mitigation area to impacted area). Note that preservation requirements are not additive for each species present (i.e., an area occupied by one listed-plant species requires that same amount of habitat preservation as an equivalent area occupied by two or more listed plant species). Before impacting a state-listed species, the project proponent will need to obtain an incidental take permit pursuant to California Fish and Game Code Section 2081(b). For jointly listed plant species CDFW may issue a consistency determination pursuant to Fish and Game Code Section 2080.1 provided that the terms of the federal biological opinion and/or incidental take statement will minimize and fully mitigate the impacts of the taking. Restoration and protection of habitat shall be the focus of mitigation efforts for impacts to listed species; however, measures may also include salvaging the seeds of the plants with subsequent replanting in nearby suitable habitat. A detailed restoration and monitoring plan will be developed by a qualified botanist and will contain, at a minimum, the following information:
1. Location of areas on- or off-site to restore plant populations.
2. A description of the propagation and planting techniques to be employed in the restoration effort.
3. A timetable for implementation of the restoration plan.
4. A monitoring plan and performance criteria.
5. A description of remedial measures to be performed if initial restoration measures are unsuccessful in meeting the performance criteria.
6. A description of site maintenance activities to occur after restoration activities (e.g., weed control, irrigation, and control of herbivory by livestock and wildlife).
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Mitigation Measures and Monitoring Requirements
Dave Anderson Tentative Parcel Map (TPM18-0001)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
Plan Requirements: The mitigation shall be placed on a separate document that is to be recorded concurrently with the map or on an additional map sheet.
Timing: Requirements of the condition shall be adhered to before construction activities, and throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure the measure is met at the time of development and during construction activities.
Mitigation Measure BIO-2
If project construction activities, including ground disturbance or vegetation removal, occur during the nesting season for birds protected under the Migratory Bird Treaty Act (MBTA) and California Department Fish & Game Code (CDFC) (approximately February 1 – August 31), the project proponent shall retain a qualified biologist to perform preconstruction surveys for nesting bird species. Surveys to identify active bird nests shall be conducted within and 250 feet around the footprint of the proposed construction site. The survey shall be conducted within 7 days prior to the initiation of construction activities. If an active nest is observed, a species protection buffer shall be established. The species protection buffer will be defined by the qualified biologist based on the species, nest type and tolerance to disturbance. Construction activity shall be prohibited within the buffer zones until the young have fledged or the nest fails. Nests shall be monitored by a qualified biologist once per week and a report submitted to the Butte County Department of Development Services.
Plan Requirements: Perform protocol-level surveys for migratory birds protected by the California Department Fish & Game Code and the Migratory Bird Treaty Act. This measure shall be recorded on an additional map sheet to the Parcel Map.
Timing: Requirements of the condition shall be adhered to prior to and during construction activities planned to occur during nesting seasons for CDFC and MBTA species (between February 1 and August 31).
Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is recorded as an additional map sheet of the Parcel Map. Department of Development Services shall ensure the condition is met at the time of construction activities.
Mitigation Measure BIO-3
Place the following note to be recorded on an additional map page of the Parcel Map that states:
Prior to any development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip-line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime), the applicant/developer shall complete one of the following measures to the satisfaction of the Director of Development Services or his/her designee:
A. An Oak Tree Evaluation Plan shall be prepared by a qualified professional having experience in California Oak Woodlands and is either a certified arborist, qualified wildlife biologist or registered professional forester shall be submitted for review and approval by the Director of Development Services or his/her designee that includes the following:
1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a);
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Mitigation Measures and Monitoring Requirements
Dave Anderson Tentative Parcel Map (TPM18-0001)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted;
3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals;
4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Prior to construction or surface disturbance, a protective fence or brightly colored staked boundary shall be placed 5 feet beyond the established critical rooting zone (CRZ) of the oak or group of oaks being protected. A warning sign shall be prominently displayed on each fence. The sign should be a minimum of 16 x 24 inches, brightly colored and be visible, even from vehicles. The sign must indicate that the CRZ is a restricted area. Orange safety triangles may suffice if other signage cannot be constructed. A high visibility plastic mesh fence is recommended to maximize the visibility of protected tree areas. Wire with bright-colored flags placed at equal intervals can also be a suitable barrier so long as it maintains high visibility. Protective fencing shall remain in place until final inspection by the qualified professional. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and
5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee; or
B. Provide proof of compliance with the adopted Butte County Oak Woodland Mitigation Ordinance currently under preparation; or
C. Provide proof of compliance with all required avoidance and minimization measures, and payment of all applicable fees to mitigate for blue oak woodland impacts as provided in the Butte Regional Conservation Plan, as adopted by Butte County.
Plan Requirements: No vegetation removal, grading, road construction, or other earthwork resulting in the removal or encroachment upon oak trees on the project site shall be permitted until the mitigation measure is satisfied by the applicant/developer completing one of the specified measures to the satisfaction of the Director of Development Services or his/her designee.
Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels.
Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of septic, well, or building permit application, the Development Services
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Mitigation Measures and Monitoring Requirements
Dave Anderson Tentative Parcel Map (TPM18-0001)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site.
Mitigation Measure CUL-1
If grading activities reveal the presence of prehistoric or historic cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human skeletal remains) work within 50 feet of the find shall immediately cease until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. If human skeletal remains are encountered, State law requires immediate notification of the County Coroner (530.538.7404). If the County Coroner determines that the remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such remains. The provisions of this mitigation shall be followed during the construction of all subdivision improvements, including land clearing, road construction, utility installation, and building site development.
Plan Requirements: This note shall be placed on a separate document that is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans.
Timing: This measure shall be implemented during all site preparation and construction activities.
Monitoring: The Department of Development Services and/or Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. State law requires the reporting of any human remains.
Mitigation Measure GHG-1
The project proponent shall implement the following measures during construction-related activities and at the time of development to offset the anticipated contribution of greenhouse gas emissions:
• Prewire all new residential development to support photovoltaic system installation.
• Install electrical vehicle outlets on external walls or in garages in all new residential development.
• Minimize equipment idling time during construction activities either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minutes.
• Use clean or alternative fuel equipment during construction-related activities to improve fuel efficiency.
Plan Requirements: The measure shall be placed on an additional map sheet which is to be recorded with the Parcel Map. This note shall also be placed on all building and site development plans.
Timing: Shall be implemented prior to issuance of building permits for residential development. Construction-related measures shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the measure is placed on a separate document which is to be recorded concurrently with the map
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